Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CAG2020-353 - Amendment - #1 - GeoEngineers, Inc. - Geotechnical Design Update for GRNRA North Pump - 12/09/2021
Nancy Y. for Toby Hallock Public Works 12/08/2021 12/10/2021 N/A D20023 N/A GeoEngineers, Inc.Contract Amendment GRNRA North Pump Station Extend the time of completion to December 31, 2022. Other 12/31/2022 $0 CAG2020-353 12/9/2021 AMENDMENT - 1 OF 2 AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc. CONTRACT NAME & PROJECT NUMBER: Green River Natural Resources Area North Pump Station ORIGINAL AGREEMENT DATE: November 3, 2020 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 needed to extend the time of completion to December 31, 2022 due to additional design details are needed. 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 - GRNRA N PS Amd 1/Hallock Client#: 326119 GEOENINC2 DATE (MMfDD/YYYY) ACORDT,, CERTIFICATE OF LIABILITY INSURANCE 6/23/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 'IRTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES :FLOW. 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). M PRODUCER SOcT please See Below: _ NAME USI Insurance Services NW CL PHONE 206 441-6300 FAR 610-362-8530 601 Union Street, Suite 1000 "EDMAIL1' Ext): A/C, PI ADDRF�Q` Seattle.PLCertR$quest�usi.com Seattle, WA 98101 INSURERS) AFFORDING COVERAGE NAIC # INSURER A: Hartford Fire Insurance Company 19682 INSURED INSURER B ; Hartford Casualty Insurance Company 29424 GeoEngineers, Inc. 17425 NE Union Hill Road, Suite 250 INSURER C : Hartford - WC Multiple Issuing Cos 00914 Redmond, WA 98052 INSURER D : I INSURER E : INSURER F : j 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. 11 LT TYPE OF INSURANCE ADD R UB POLICY NUMBER POLICY EFF POLICY EXP MM/DD/YYYY MM/DD/YYYY 06/30/2021 06/30/2022 06/30/2021 06/30/202 '06/30/2021 06/30/2022 LIMITS EEppACHHpOCCURRENCE $1,000.000 $300 000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X X 52UUNOL5662 PRMI�ENTE:D I occurre oe MED EXP (Any oneperson) $10 000 PERSONAL & ADV INJURY $1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � JECT I'I LOC OTHER: GENERAL AGGREGATE s2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY XI ANY AUTO OWNED I SCHEDULED AUTOS ONLY AUTOS XI AUTOS ONLY �( NON -OWNED AUTOS ONLY X X 52UENOL5663 52XHUOL5664 (FoIIOW Form) CEOMeiNED SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPER rY DAMAGE PQr a $ B X UMBRELLA LIAR X EXCESS LIAR OCCUR CLAIMS -MADE X X EACH OCCURRENCE AGGREGATE _s2,000 000 $2,000,000 DED `X RETENTION $10,000 ! $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE �Y� N OFFICER/MEMBER EXCLUDED? I ",1 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below X N / A _ I 52WEOL6H8D Includes: StopGap/MEL/USL&H 06/30/2021 06/30/202 X PER OTH- EL EACH ACCIDENT $1,000,000 $1,000000 EL DISEASE - EA EMPLOYEE EL DISEASE - POLICY LIMIT 000 000 $1, , 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 #0410-187-01, GRNRA North Pump Station, Kent, Washington. The General Liability and Automobile Liability policies include an automatic Additional Insured (See Attached Descriptions) l.Crt I Iril:A I t MULUtM Toby Hallock, PE, City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 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 #S32441365/M32439117 MYPZP DESCRIPTIONS (Continued from Page 1) Pndorsement that provides Additional Insured status to The City of Kent, only when there is a written '!Tact that requires such status, and only with regard to work performed on behalf of the named insured. 1 ne General Liability policy includes General Aggregate Limit Per Project Endorsement, when required by written contract. The General Liability and Automobile Liability policies contains a special endorsement with Primary and Noncontributory wording, when required by written contract. The General Liability, Automobile Liability and Workers Compensation policies provides a Waiver of Subrogation when required by written contract. The General Liability, Automobile Liability and Workers Compensation policies includes an endorsement providing that 30 days notice of cancellation will be given to the Certificate Holder by the Insurance Carrier. SAGITTA 25.3 (2016/03) 2 Of 2 #S32441365/M32439117 PBUCY NUMBER: 52 UUN OL5662 COMMERCIAL GENERAL i. ABIL11Y CG 2010 10 01 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement mDdJrre3 Insurance provWed under the followiflg; COMMERCIAL GENERAL LIABILITY COVERAGE DART SCHEDULE Name of Person or Organization AS regdred by written contract (ff no entry appears above, information required to cornpfete this endorsement wt11 be shown In the Declarations as applicable to this endords- ment) A. Section II — Who Is An Insured Is amended to Include as an Inaured the person at organization shown In the Schedule, Isadt only with respect to liability arising out of your ongoing opera- tions performed for that Insured. H. With r pacl lc the insurance aftprded to these additional Insured% the lollowinq exclusion is added- 2. 9XcIua(ons This insurance does rbD1 apply to'Wdily injury" or "prop- erly damage" aaccurring, after, (1) All work, including malerials, parts or equipment furnished Its connafetion with such work, on the protect (other Than service, mrainlenance or a- paira) to be partcrmed by or on behalf of the ad- dhionM Jnstared(s) at the site of c+a,rered rp. orations has boon Completed. or (2) Thai portion of "your work" out of which 111he injury or damage arises has been put is its intended use by any person. or organization other than an- other contractor or subeonlractor engaged in per- forming operallons for a principal as a part of Use same projfret. CC 20 1010 01 Copyright. Insurance Sarvices Office, Inc., 20dd Page 1 611 POLICY: 52UENOL5663 AI.PNC..WOS COMMERCIAL AUTOMOBILE HA99160312 THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCiAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the insured" than other provisions of the Goverage Form, tho provisions of this endorsement apply. 1. BROAD FORA INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" 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 AA. - WHO IS AN INSURED - of SECTION 11 - LIABILITY COVERAGE is amended to add: Paragraph A.1, - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auW' while the "auto" is leased to your 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 striver, Such a leased "auto" will be considered a covered "auto" you own and riot a covered "auto" you hire. 0. Additional Insured If Required by Contract (1) Paragraph AA. -WHO IS AN INSURED - of Section 11 - Liability Coverage is amended to add: f. 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 injury" conduct "property damagem caused by the con{�.LM1act of an "insured" under paragraphs a. or b, of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." C 2011, The Hartford (Includes copyrighted material Form i-fA 99 16 03 12 of ISO Properties, Inc., with its permission,) Page 1 of 5 The insurance afforded to any such E. Primary and Non -Contributory if additional insured applies only it the Required by Contract "bodily Injury" or "property damage" Only with respect to insurance provided to occurs, an additional insured in 1,1)- 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. If other insurance is also primary, we will sham with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured an 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. It 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 in the Declarations and described in this has been added as an additional insured. Section. When this Insurance is excess, we will have no (3) Additional Insureds Other Insurance duty to defend the insured against any "suit" It If we cover a claim or "suit' under this any ether insurer has a duty to defend the Coverage Part that may also be covered insured against that "quit". If no rather 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 roust 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 sure to the extent that you have agreed in a of: written contract or written agreement {1) The total amount that all such ether that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance: (2) The total of all deductible and self -insured (4) Duties in The Event Of Accident, Claim; amounts under all that other insurance, it Suit or toss will share the remaining loss, If any, by the If have agreed in a written contract method described In Other Insurances 5,d. method or written agreement that another 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 "employed' 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; CAR LOSS - OF SECTION IV - BUSINESS AUTO CONDITIONS, in the same manner as the Named insured. 0 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5 If 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 if you have workers' compensation insurance in -force Hovering all of your "employees`# Coverage is excess over any other collectible insurance, 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE It hired 'aulos are covered "autos" for Liability Coverage and if Comprehensive, Specified Caws 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 limit. The most we will pay for loss" to any hired 'auto" is, (1) $100,000, (2) The actual cash value of the damaged or stolen property 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 "auto" for that coverage. No deductible applies to "lass" 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 loss of use of the hired "auto'" if it results from an "accidentr', you are legally liable and the lessor incurs an actual financial loss; subject to a maximum of $1000 per *accident". 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 (if you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a, of SECTION III - PHYSICAL DAMAGE COVERAGE Is amended to provide a limit of $50 par day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "lass"' to a covered "auto"" we will pay your additional legal obligation for any differenoe between the actual cash value of the "auto" at the time of the "loss'" and the "outstanding balance" of the 6oan(lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less 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; costs for extended warranties, credit life Insurance, health, accident or disabitily, insurance purchased with the loan or lease; and carry-over balances from previous loans or leases, 7. AIRBAG COVERAGE Under Paragraph S. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, GE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. S. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs 13.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "aulo's" 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 "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or 0 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 aperalion of the covered "autsa" or the monitoring of the covered "auto's" operating System, b.Seclion III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insure, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,5D0 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 reproduces, receives or transmits audio, visual or data signals which, at the time of "loss', is: (1) Permanently installed in or upon the covered "auto" In a housing, opening or gather location that is not normally used by the "auto" manufacturer for the installation of such equipment, (2) Removable 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 electronic 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 III - 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 replaced, 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage farm that is not an automobile policy or coverage form applies to the same "accidenf", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (tar smallest) deductible, it will be waived-, (2) If the deductible under this Business Auto Coverage Form 15 not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible, 12. AMENDED DITTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CI.AIM, SKIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies tartly 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 If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 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: a. For short -tern hired "aulos', the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured`s'" responsibility to pay damages for "bodily 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. 15. WAIVER OF SUBIROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following' C 2011, The Hartford (Includes copyrighted material Form HA 9916 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 whom 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 "bodity injury' in SECTION V- DI_FINITIONS is replaced by the fallowing: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of theme. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS m CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellaffon. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, them 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 $2,500, of the "non -hybrid" auto"s actual cash value or replacement cost, whichever is less, b.The auto most be raplaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c.RegardMs of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the 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 solely by 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 intemal combustion engine to charge one or more electric motors, wh& move the auto, 19. VEHICLE WRAP COVERAGE In the event of a total lass to an "auto` for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the fallowing: In addition to the actual cash value of tha "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 a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. 02011, The Hartford (includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 5 of 6 POLICY: 52UUNOL5662 AI. PNC.VWOS.SI.Ony Ops. CO COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, dirties and what is and is not covered, Throughout this policy the wards "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a blamed 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 II - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions, SECTION I - COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE UABILITY 1.. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "properly 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, al our discretion, investigate any "occurrence" and settle any claim or"su€t" that may result. Sit: (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 Ilmit of insurance in the payment of judgments 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 B. b. This insurance applies to "bodily injury" and "property damage' only iL (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 II - Who Is An Insured and no "employee" authorized by you to give or receive notice of an .occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "beadily 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 injury'" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured fisted under Paragraph 1, of Section II - 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 pars, 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 "beadily Injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily Injury" include damages claimed by any person or organization for care, lass of services or death resulting at any time from the "bodily injury" e. Incidental Medical Malpractice And Good Samaritan Coverage "Bodily injury" arising out of the rendering of or failure to render the fallowing health care services by any ®employee" or "volunteer worker' shall be deemed to be caused by an "occurrence" for: HG 00 01 09 16 Page t of 21 Q 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 (c) The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances, or (2) First aid services, which include: (a) Cardiopulmonary resuscitation, whether performed manually or with a defibrillator, or (b) Services performed as a Good 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 'occurrence". However, this incidental Medical Malpractice And Good Samaritan Coverage provision applies only K 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 & Expected Or Intended Injury 'Bodily injury„ or 'property damage' expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury' or *property damage!' resulting from the use of reasonable force to protect persons or property, b, Contractual UabII4 "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the Insured would have In the absence of the contract or agreement or (2) Assumed in a contract or agreement that is an "insured contract", provided the 'bodily injury' or "property damage" occurs subsequent to the execuflon of the contract or agreement Solely 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" of "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. LiquorLiability 'Bodily injury" car 'properly damage" for which any insured may be hold liable by reason of: (1) Causing or contributing to the intoxication of any person: (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the Influence of alcohol, or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in., (a) The supervision, hiring, employment, training or monitoring of others by that insured, or (b) Providing or failing to provide transportation with respect 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) stove, However. this 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 selling, serving or furnishing alcoholic beverages, d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law, e. Employer's Liability "Bodily injury" to: (1) An 'employee" of the insured arising out of and in the course of: Page 2 of 21 HG 00 01 0916 (a) Employment by the insured; or the handling, storage, disposal, (b) Performing duties related to the processing or treatment of waste; conduct of the insured's business; or (c) Which are or were at any time (2) The spouse, child, parent' brother or sister transported, handled, stared, treated, of that "employee" as a consequence of disposed of, or processed as waste by Paragraph (1) above. or for: This exclusion applies; (1) Any insured, or (1) Whether the insured may be liable as an (11) Any person or organization for employer or in any other capacity; and whom you may be legally (2) To any obligation to share damages ,with responsible; or repay someone else who must pay (d) At or from any premises, site or damages because of the injury, location on which any insured or any or subcontractors working This exclusion does not apply to liability directly or indirectly on any insured"s directly assumed by the insured under an "insured behalf are performing operations 9 the contract'% "pollutants" are brought on or to the If. Pollution premises, site or location in connection (1) "Bodily injury" or "properly 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 (1) "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, or rented or normal electrical, hydraulic or loaned to, any insured. However, this mechanical functions necessary for subparagraph does not apply to. the operation of "mobile equipment" (i) "Bodily injury' if sustained within a or its parts, if such fuels, lubricants building and caused by smoke, or other operating fluids 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 dehumidify ®bodily injury" or "properly damage" the building, or equipment that is arises out of the intentional arises used to heat water for personal dispersal or release of use, by the building's occupants or the fuels, lubricants or rather their guests: operating fluids, or if such fuels, (ii) "B"ly injury" car "property damagel' 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 this intent that or lessee of such premises, site or they be discharged, dispersed or location has been added to your released as pare 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 (it) "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 owned or occupied by, or rented or fumes or vapors from materials loaned to, any insured, other than brought into that building in connection with operations being that additional Insured, or performed by you or on your behalf (lit) "Bodily Injury" or "property damage°' by 6 contractor or subcontractor,, or arising out of heat, smoke or fumes "hostile (Ifi) "Bodily injury"car "property damage" from a fire"; arising out of heat, smoke or fumes (b) At or from any premises, site or from a "hostile fire", or location which is or was at any time (e) At or from any premises, site or used by or for any insured or others for location on which any insured or any contractors or subcontractors working HG00010916 Page 3of21 directly or indirectly on any insured's behalf are. performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, i detoxify or neutralize, or n any way respond to, or assess the effects of, "pollutants'; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or In any way responding to, or assessing the effects of, "pollutants', However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or 'suit" by or on behalf of a goverrimental authority. 9. Aircraft, Auto Or Watercraft "Bodily Injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, *'autd' or watercraft owned or operated by or rented or loaned to any insured, Use Includes operation and 'loading or unloadingrt This exclusion applies even it 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 operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore an premises you own or rent; ,(2) A watercraft you do not own that Is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an 'auto" on, or on the ways next to, promises 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; (6) '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 definition of "mobile equipment- if it v*re not subject to a compulsory or financial responsibility 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 listed in Paragraph f.(2) or f.(3) of the definition of 'mobile equipment", or (6) An aircraft that i Is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or property damage, whether the other insurance is primary, excess, contingent or on any other basis, h. Mobile Equipment "Bodily injury" or "property damaW arising out of: (1) The transportation of 'mobile equipment' by an "autiY' owned or operated by or rented or loaned to any insured; or (2) The use of "mobile eqOpmenf in, or white in practice for, or wh Ile being prepared for, any prearranged raring, speed, demolition, or stunting Activity. I. 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 defending against any of these. J. Damage To Property "Property damage" to: Page 4 of 21 HG 00 0109 16 (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 anther's property; (2) Premises you sell, give away or abandon, if 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 working directly or indirectly on your behalf are performing operations, if 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 lt, Paragraphs (1), (3) and (4) of this exclusion do not apply to "propertyclarnage' (other than damage by fire) to premises, 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 You 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 elevators. 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 bon -owed equipment while not being used to perform operations at the job site, Paragraph (6) of this exclusion does not apply to "property damage* included in the "products -completed operations hazard". k. Damage To Your Product "Property damage' to "your product" arising out of it or any part of it, 1. 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 subcontractor. m. 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 "your 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 withdrawn or recalled from the market 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 Information And Data -related Liability Damages arising out of: (1) Any access to or disclosure of any penon's or orgaNization's 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; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, HG 00 01 09 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 sloes not apply to encapsulating, containing, treating, damages because of "bodily Injury". detoxifying 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 "properly damage°' arising disks, CD-ROMS, tapes, drives, cells, data directly or indirectly out of any action or processing devices or any other media which omission that violates or is alleged to violate: are d with electroniccontrolledallycontrolledequipmen (1) The Telephone Consumer Protection .Act q. Employment -Related Practices (TCPA), including any amendment of or addition to such law; "Bodily injury" to: (2) The CAN-SPAM Act 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 (FORA), 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 Accurate Credit injury" to that person at whom any Transaction Act (FACTA): or Romployment-related practices" are (4) Any federal, state or local statute, directed, ordinance or regulation, other than the This exclusion applies: TCPA or CAME-SPAM Act of 2003 or 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, related practices" occurs before dissemination, disposal, collecting, employment, during employment or after recording, sending, transmitting, employment of that person: communicating or distribution of material (Z) Whether the insured may be liable as an or information. employer or in any other capacity: and Damage To Premises Rented To You — (3) To any obligation to share damages: with Exception For Damage By Fire, Lightning Or or 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 awhile rented to you or temporarily (1) 'Bodily injury' or "property damage" occupied by you with permission of the owner. A arising out of the "asbestos 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 Balm or suit alleging actual or INJURY LIABILITY threatened injury or damage of any 1. Insuring Agreement mature or kind to persons or property a. We will pay (hose sums that the insured which would not have occurred in becomes legally obligated to g Y g pay as damages whole or in part but for the "asbestos 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, detoxify or for "personal and advertising injury" to which neutralize or in any way respond to or this insurance does not apply. We may, at our Page 6of21 HG000109t16 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 B or medical expenses sander 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 B. b. This insurance applies to "personal and advertising injury"` caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 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 the consent or acquiescence of the insured with the expectation of inflicting 'personal and advertising injury'. b. Material Published With Knowledge Of Falsity 'Personal and advertising injury' arising out of oral, written or electronic publication, in any manner, of material, if dune by or at the direction of the insured with knowledge of its falslly, c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. d, Criminal Ants "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured, a. Contractual Liability 'Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages 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 contract, except an implied contract to use anther's "advertising idea" In your "advertisement'. g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your 'advertisement'. h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. i. 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 or damage alleged in any clam or "suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made by you or by any other party involved in the claim or "'suit", regardless of whether this insurance would otherwise apply. However, this exclusion does net apply 'rf the only allegation in the claim or "suit" involving any Intellectual property right is limited to: (1) Infringement, in your "advertisement', of: (a) Copyright; (b) Slogan: or (c) Title of any literary or artistic work; or (2) Copying, in your "advertisement", a perrson's or organization's "advertising 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 definition of .personal and advertising injury' under the Definitlon5 Section. HG 00 01 09 16 Page 7 of 21 For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or 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. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead anothers.potential customers. m. Pollution 'Personal and advertising 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 cr suit by or on behalf of a governmental authority for damages because: of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War 'Personal and advertising injurry", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents, or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority In hindering or defending against any of these. p. Intemet Advertisements And Content Of Others "Personal and advertising injury" arising out Of. (1) An "advertisement" .for others on 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 wets site of Others displayed within a Frame or bonder 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 wets site. q. Right Of Privacy Created By Statute "Personal and advertising injury„ arising out of the violation of a person's 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 Arid -Trust law "Personal and advertising injury" arising out of a vialation of any anti-trust law, s. Securitles "Personal and advertising Injury" arising_outof the fluctuation in price or value of any stocks, bonds or other securities. t. Recording And Distribution Of Material Or Information In Viotaticsn Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), Including any amendment of or addition to such lave; (2) The CAN--SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dssemInation, disposal, collecting. 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 — related 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 wham 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, judgments, settlements, loss, costs or expenses that. (a) May be awarded or incurred by reason of any claim or suit atleging 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 tip, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing. encapsulating, containing, treating, detoxifying or neutralizing or in 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's 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 monitoring 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 will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent, or (3) Because of your operations; provided that; (1) The accident takes place in the "coverage territory,' and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injurer) person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices, and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b_ Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. ac. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. workers Compensation And Similar Laws To a person, whether or not an "employee" of HG 00 01 09 16 Page 9 of 21 any insured, I benefits for the 'bodily injury" are payable or must be provided under a workers' compensalbri or disability benefits law or a similar law. a. Athletics Activities To a person Injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f, Products -Completed Operations Hazard Included within the '"products -completed operations hazard', g, Coverage A Exclusions Excluded under Coverage A, 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 these bonds, d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $500 a day because of time off from work, e. Ali court costs taxed against the insured in the 'sult7, 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 make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offe r. g , All interest on the full amount of any judgment that accrues after entry of the judgment and Wore 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 indemnitee of the insured is also named as a party to the "suit', we will defend that Indemnitee if all of the following conditions are met: a, 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"-, b. This insurance applies to such liability assumed by the insured, c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; 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 indemnitee; 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 indemnitee; and f. The indernnitee, (1) Agrees in writing to: (a) Cooperate Mth us in the investigation, settlement or defense of the 'sue, (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee, and (d) Cooperate with us with respect to o-cordInating other applicable, insurance available to the indemnitee; and (2) Provides uswilh written authorization to., (a) Obtain records and other information related to the "suit"', and (b) Conduct and control the defense of the indemnitee in such 'suit". So long as the above conditions are met, attorneys' fees lncurred by us in the defense of that indemnitee, neDessary 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 Liability, such payments will not be deemed to be damages for 'bodily injury' and "property damage" and will not reduce the limits of insurance. Page 14 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, SECTION II — 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 duties as trustees. 2. Each of the following is also an Insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within} the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these 'employees' or "volunteer workers" are insureds for. (1) "Bodily injury" or "personal and advertising injury', (a) To you, to your partners or members (if you are a partnership or joint venlure), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee' or that "volunteer worker" as a consequence of Paragraph (1Xa) above (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the Injury described In Paragraphs (1Xa) or (1)(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services; (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 to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property. (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your 'employees,", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager ,Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only, (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representatives has been appointed. d> Legal Representative It You Die Your legal representative if you die, but only HG 00 01 09 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(s) or organization(s) are an Any subsidiary, and subsidiary thereof, of additional insured when you have agreed, in a yours ►which is a legatly incorporated entity of written contract. written agreement or because of which you awn a financial interest of more a permit issued by a state or political subdivision, than bit% 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 agreement. subsidiary not named in this Coverage Para 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 contractor 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, organizati n is included as an insured by an 1 Newly Acquired Or Formed Organization endorsement issued by us and made a part of Any organization you newly enquire or form, this Coverage Part. other than a partnership, joint venture or limited a. Vendors liability company, and over whi& you maintain Any person(s) or organizations) (referred to financial interest of more than 50% of the voting below as vendor), but only with respect to stock, will qualify as a turned insured if there is 'bodily injury" or 'property damage" arising no zither similar insurance available to that out of'your products' which are distributed or organization, However. 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 'body injury" or the organization or the end of the policy 'property damage' included within the period, whichever 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 formed the organization; and exclusions: c. Coverage B does 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 pate organization, damages by reason of the assumption 4. Nonowned Watercraft of liability in a contract or agreement. With respect to watercraft you do not own that is this exclusion does not apply to t[at�ifity for damages that the vendor less than 51 feet long and is not Ming cased to would have In the absence of the carry persons for a charge, any person is an contra ct or agreement insured while operating such watercraft with your permission, Any other person or organization (b express warrant ) Y P rasa- y unauthorized by responsible for the conduct of such person is you; also an insured, but only with respect to liability (c) Any physical or chemical change in the arising out of the operation of the watercraft, and product made intentionally by the only if no other insurance of any kind is available vendor, to that person or organization for this liability, (d) Repackaging, except when unpacked However, no person or organization is an insured solely for the purpose of inspection, with respect to; demonstration, testing, or the a. "Bodily injury" to a co-"ernplayee' of the substitution of parts under instructions person operating the watercraft; or from the manufacturer, and then b. "Property damage' to property owned by, repackaged In the original container; rented to, in the charge of or occupied by you fflure a An failure to make such inspections, () A such i sp or the employer of any person who is an ust tests or seras the insured under this provision, vendor agreed to make or nr>rrriail 9 y Page 12 of 21 HG 00 01 0916 undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendoes premises in connection with the sale of the product: (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, or (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 J): 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 connecfion nth 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, accornpan)�ing or containing such products. b. Lessors Of Equipment (1) Any person(s) or organization(s) from whom you lease equiprnent; but only with respect to their liability for 'bodily Injury", .property damage" or "personal and advertising injury," Caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s), (2) With respect to the Insurance afforded to these additional insureds this insurance does not apply to any 'occurrence" which takes place after the equipment lease expires. c. Lessors Of Land Or Promises 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 organization, d. Architects, Engineers Or Surveyors Any architect, engineer. of surveyor, 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 connection with your ptemlses,, 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 "bodily injury'. "property 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 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, e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdlvison has issued a permit. Any person or organization from whom you With respect to the insurance afforded these lease land or premises, but onty with respect additional insureds, this insurance does not to liability arising out of the ownership, apply to: maintenance or use of that part of the land or (1) "Bodily injurr, "property damage" or promises leased to you. °personal and advertising injury" arising With respect to the insurance afforded these out of operations performed for the state additional insureds the following additional or municipality; or exclusions apply. HG 00 01 09 16 Page 13 of 21 (2) "Bodily injury' or *property damage' included within the "products -completed operations hazard', f. Any Other 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" of "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 connection 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 injuryr or "property damage" included within the .products -- completed operations hazard". However. (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the inSi.friirce afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured, With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injuy, '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 failiqg to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspectim architectural or engineering activities. This exclusion applies even if the clalms against any insured allege negligence or other wrongdoing in the supervision, hiring, employment., training or monitoring of others by that Insured, it 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 III — Limits Of Insurance, How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability 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 Narned Insured in the Declarations. SECTION III — LIMITS OF INSORANCE 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. Clairms made or "suits" brought; or c, Persons or organizations making claims or bringing "suits", 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; lb, Damages under Coverage Aj except damages because of "bodily injury" or "property darnage" 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 tinder 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 Advertlsing Injury Limit is the most we will pay under Coverage B for the sum 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 Cove -rage A; and Page 14 of 21 HG 00 0109 16 b, Medical expenses under Coverage C because of all 'bodily injury' and "property damage" arising out of any one 'occurrence'. 6. Damage To premises Rented To You Limit Subject to $. 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, lightning or explosion, while rented to you or temporarily occupied by you with 'permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to S. above, the Mediral Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily Injury" sustained by any one person, 8. How Limits Apply To Additional Insureds If 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 will pay on behalf of such additional insured is the lesser Gf: a. The limits of insurance specified in the written contract or written agreement'. or b. The Limits of Insurance shown in the Declarations, Such amount shall 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 Pail apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy 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 last preceding period for purposes of determining the Limits of Insurance, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS ll. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part- 2. Duties In The Event Of Occurrence, Ofrense, Claim Or Suit a. Notice Of Occurrence Or Offense You or 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 m If a claim is made or "suit' is brought against any insured, you or any additional insured must. (1) Immediately record the specifies of the claim or "suit" and the date received', and (2) Notify us as soon as practicable. You or any additbrial insured must see to it that we receive written notice of the claim or "writ" 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 connoGtion with the claim or `suit': (2) Authorize us to obtain records and other information; (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 or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No Insured will, except at that insureds own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds other Insurance It we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or msuW' to the other Insurer for defense and indemirfity. However, this provision does not apply to the extent that you have agreed in a written HG 00 0109 16 Page 16 of 21 contract or vrritten agreement that this Insurance Is primary and nan-contributory with the additional insured'sown 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 ""occurrence", offense, claim or "suit" is known to., (1) You or any additional insured that is an individual; (2) Any partner, if you or the additional insured is a partnership; (3) Any manager, if 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 or 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 organization 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 sage us on this Coverage fart unless all of its terms have been fut[y complied with. A person or organization may sue us to recover can 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 Part or that are in excess of the applicable limit of insurance. An agreed settlement paeans a settlement and release of liability signed by us, the insured and tie claimant or the claimants legal representative. 4. Other insurrance If other valid and collectible insurance is available to the insured for a foss we cover under Coverages A or B of this Coverage Part, our obligations are limited as hallows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insuranoe by the method described in c. below. b. Excess Insurance This insurance is excess over any of the ether insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Promises rented To You That is fire, lightning or explovsion insurance for premises rented to you or temporarily occupied by you with permission of the owner, (3) Tenant Liability That is insurances purchased by you to cover your liability as a tenant for "property damage' to premises rented to you or temporarily occupied by you with permission of the owner: (4) Aircraft, Auto Or Watercraft if the loss arises out of the maintenance or use of aircraft, „autos" or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability; (5) Property Damage To Burrowed Equipment Or Use Of Elevators If the loss arises out of 'property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section t - Coverage A - Bodily injury And Property Damage Liab[lity, (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 Adel Others As An Additional Insured To This Insurance Any other Insurance available to an additional Insured. However, the followtng provisions apply to other insurance available to any person or organizaUon who is an additional insured under this coverage part, (a) Primary Insurance When Required By Contract' This insurance is primary if you have agreed in a written contract or written agreement first this insurance be primary. If other insurance is also Page 16 of 21 HC 00 010916 primary, we witl share with all that other Insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Requlrod 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) des not apply to other Insurance to which the additional Insured has been added as an additional Insured. When this Insurance is excess, we will have no duty Lander Coverages A or B to defend the insured against any "suit' if any other insurer has a duty to defend the insured against that "suit'- If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay orgy our share of the amount of the less, if any, that exceeds the surfs of (1) The total amount that all such other insurances would pay for the loss In the absence of tKis insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining lass, if any, with any other insurance that is not dascdbed In this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other Insurance permits contribution by equal shares, we will fcllfiw this method also. tinder this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the toss remains, whichever comes first. if any of the other insurance does not permit contribution by equal shares, we will contribute by limits, Under this method, each insurer's share is based on the ratios of its applicable limit of insurance to the total applicable limits of Insurance of all insurers. 5. 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 we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Tamed Insured must keep 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 representatiarjs 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 respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Bart to the first Named Insured, this Insurance applies; a, As if each Tamed Insured were the only (Named Insured; and b. Separately to each insured against wham claim is made or "suit" is brought. S. Transfer Of Rights Of Recovery Against Others To Us a. `transfer Of Flights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made sander this Coverage fart, those rights are transferred to us. The insured must do nothing after loss to HG 00 0109 116 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 organlzation 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 mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. 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) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or bAny other publication that is given widespread public distribution. However, "adverlisement" does not include, a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network, 2. "Advertising Idea" means any idea for an .advertisement'. 3, "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means: a. 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 t. 01sease 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 Rico and Canada; b, 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 other parts of the world if the injury or damage arises out of, (1) Goods or products made or sold by you in the territory described in a. above-, (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) 'Personal and advertising injury" offenses that take place through the Internet or similar eleotronio means of communication provided the insured's responsibility to pay d2M2g0S is determined in the United States of America (Including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits accord Ing to the substantive law in such territory or in a settlement we agree to, 7. "Employee" fricludes a "leased worker". "Employee'" does not include a 'temporary worker", 8. "Employment -Related Practices" means: a. Refusal to employ that person; b. Termination of that person's employment; or c. Employm ant -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, 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. 110."Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. Page 18 of 21 HG 00 0109 16 11." mpalred property" Means tangible property, (a) Preparing, approving, or failing to other than "your product" or "your work', that prepare or approve, reaps, shop cannot be used or is less useful because: drawings, opinions, reports, surveys, a. It incorporates "your product" or "your work" field orders, change orders of drawings that is known or thought to be defective, and specifications; or deficient, inadequate or dangerous; or (b) Giving directions or instructions, or b. You have failed to fulfill the terms of a failing to give them, K that is the contract or agreement; primary cause of the injury or damage; if such property can be restored to use by the or repair, replacement, adjustment or removal of (2 ) under which the insured, if an architect, .your product" or "your work", or your fulfilling the engineer or surveyor, assumes liability for terms of the contract or agreement. an injury or damage arising out of the 12.'°insured contract" rosins: insured's rendering or failure to render professional services, Including those listed a, A contract for a lease of premises, However, in (1) above and supervisory, inspection, that portion of the contract for a lease of architectural or engineers rig activities. premises that indemnifies any person or 13 "Leased worker" means a person leased to you organization for damage by fire, lightning or by a labor teasing firm under an agreement explosion to premises while rented to you or between you and the labor leasing firm, to temporarily occupied by you with permission perform duties related to the conduct of your of the owner is subject to the Damage to business, "Leased worker" does not include a Premises Rented To You Limit described in `temporary worker'. 'section. IEI —Limits of Insurance; b. Asidet€ack agreement, or unloading" means the handling of property: property, c. Any easement or license agreement, a. After it is moved ffom the place where it is including an easement or license agreement accepted for movement into or onto an in connection with construction or demolition aircraft, watercraft or "auto"; operations on or within 54 feet of a railroad; d. An obligation, as required by ordinance, to b. While it is in or on an aircraft, watercraft or indemnify a municipality, except in connection auto"'; or with work for a misnicipaIity; c. While it is tieing moved from an aircraft, e. An elevator maintenance agreement; watercraft or "auto"' to the place where it is finally delivered; f, That part of any other contract or agreement but "loading or unloading" does not include the pertaining to your business (inclutfing an €novemarll of property by means of a mechanical indemnifications of a municipality in connection device, other than a hand truck, that is not with work performed for a municipality) under attached to the aircraft, watercraft or 'auto", which you assume the tort liability of another party to pay for "bodily injury" or "property 15,"Mobile equipment" means any of the following damage" to a third person or organization„ types of land vehicles, including any attached provided the "bodily injury' or "property machinery or equipment: damage" is caused, in whole or in part, by a, Bulldozers, farm machinery, forklifts and tither you or by those acting on your behalf. Tort vehicles designed for use principally off public liability means a liability that weld be roads; imposed by law In the absence of any b. Vehicles maintained for use solely on or next contract or agreement, to remises p you Own or rent; Paragraph f. includes that part of any contract c. Vehicles that travel on crawler treads; or agreement that indemnifies a railroad for "bodily injury' or "property damage" arising d. Vehicles, whether self-propelled or not, out of construction or demolition operations, maintained primarily to provide mobility to within 50 feet of any railroad property and permanently mounted: affecting any railroad bridge or trestle, tracks, (1) Power cranes, shovels, loaders, triggers or road -beds, tunnel, underpass orcrossing, drills; or however, Paragraph f. does not include that (2) Road construction or resurfacing part of any contract or agreement: equipment such as graders, scfapers or (1) That indemnifies an architect, engineer or rollers; surveyor for injury or damage arising out e. Vehicles not described In a." b., c. or d. above of. that are not self-propelled and are maintained HG 00 01 09 16 page 19 of 21 primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators. including spraying, welding, (building cleaning, geophysical exploration. lighting and well servicing equipment, or (2) Cherry pickers and similar devices used to raise or lower workers: f. Vehicles not described in a., b., c, or d, alcove maintained primarily for purposes other than the transportation cif persons or cargo. However, self-propelled vehicles with the following types or permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for; (a) Snow removal, (b) Road maintenance, but not construction or resurfacing, or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers: and (3) Air compressors„ pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, 'mobile equipment" does not include any land vehicle that is subject to a wmpulsory 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."Occurrence" means an accident, Including continuous or repeated exposure to substantially the some general harmful conditions. 17."Personal and advertisirng 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; cs 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 organization"s goods, products or services. e. Oral, written or electronic publication, in any manner, of material that violates a parsons right 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, chemicals and waste. Waste Includes materials to be reecyt:led, reconditioned or reclaimed. 1-4. "Prod ucts-completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring sway from premises 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 work" will be deemed completed at the earliest of the following times: (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 calls for work at rnora than one job site. (c) When that part of the work done 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 same 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 injury" 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, uninstalled equipment or abandoned or unused materials, or (3) Products or operations for which the classification, fisted in theDeclarations 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 physical injury that caused it. 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 definition, computerized or electron'_ally 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 an: or c. Transmitted to or from; computer software, including systems and applications software, hard or floppy rusks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 21."Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury' to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured rust 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."remporary 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 compensaVon by you or anyone else for their work performed for you_ 2d. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by, (a) You; (b) Others trading under your name; or (c) A persons or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such gods or products. b. Includes (1) Warranties or representations made at any tune 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) 'Fork or operations performed by you or on your behalf: and (2) Materials, parts or equipment furnished in connection with such work or operations. b. includes (1) Warranties or representations trade at any time with respect to the fitness, quality, durability, performance or use of "your work", and (2) The providing Of ar failure to provide warnings or instructions. HG 00 0109 16 Page 21 of 21 Wos, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS' COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS Policy Number: 5AVE41i Endorsement Number: Effective Date: O6J34W21 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN AGREEMENT OR CONTRACT, Section I of this endorsement expands coverage provlded under WC 00 00 fib. Section 11 of this endorsement provides additional coverage usually only provided by endorsement. Section [it of this endorsement is a Schedule of Covered States. You may use the Index to locate these coverage features quickly: SUBJECT SECTION I PARTS ONE and TWO 01 We Will Also Pay PART _ THREE 02 How This Insurance Works PART - SIX 03 Transfer of Your Fights and Duties 04 Cancellation 05 Liberalization SECTION It VOLUNTARY COMPENSATION INSURANCE 06 Voluntary Compensation Insurance A, How This Insurance Applies S. We Will Pair C, Exclusions 0. Before We Pay E. Recovery From Others F. Employers' Llabikrty Insurance EMPLOYERS' LIABILITY STOP GAP ENDORSEMENT 07 Employers' Liability Stop Gap Coverage A, Stop Gap Coverage Limiter) to Montana, North Dakota, ~Ohlo, Washington, best Virginia and Wyoming INDEX PAGE SUBJECT PAGE 2 B. Part One Does Not Apply 3 2 C. Application of Coverage 3 2 I3_ Additional Exclusions 3 2 E. WestVirginia 3 2 EXTENDED OPTIONS 4 2 01 Employers' Liability Insurance 4 2 02 Unintentional Failure to Oisclose 4 2 Hazards 2 03 Waiver of Our Right to Recover from 4 2 Others 2 04 Foreign Voluntary Compensation 4 A. How This Reimbursement Applies 4 2 B. We Vy€kl Reimburse 4 2 C. Exclusions 4 3 D. Before We Pay 5 3 E. Recovery From Others 6 3 F. Reimbursement For Actual Loss 5 3 Sustained 3 G. Repatriation. 5 3 H. Endemic Disease 5 05 Longshore and Harbor Workers` 5 3 Compensation Act Coverage Endorsement 3 SECTION 111 6 fit Schedule of Covered States 6 Form WC 99 03 01 B Printed in U.S.A. (Ed. 8100) Page 1 of 6 0 2000, The Hartford SECTION I PARTS ONE and TWO 1. WE WILL ALSO PAY D. We Will I Also Pay of Part One (WORKERS' COMPENSATION INSURANCE)-, and E. We Will Also Pay of Part Two (EMPLOYERS' LIABILITY INSURANCE) is replaced by the folloWing: We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding, or suit we defend: 1. reasonable expenses incurred at our request, INCLUDING loss of earnings, 2. premiums for bonds to release attachments and for appeal bonds in Mond amounts up to the limit of our liability under this Insurance; 3- litigation costs taxed against you, 4, interest on a judgment as required by law until we offer the amount due under this law-, and 5. expenses we incur, PART THREE 2. How This Insurance Applies Paragraph 4. of A. How This Insurance Applies of Part 3 (Other States Insurance) is replaced by the following: 4. It you have work on the effective date of this policy in any state not listed in Item 3.A, of the Information Page, coverage will not be afforded for that state unless we are notified within sixty days. PART SIX 3. Transfer Of Your Rights and Duties C. Transfer Of Your Rights and Duties of Part 6 (Conditions) is replaced by the following - Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within sixty days after your death, we will cover your legal representative as insured, 4. Cancellation Paragraph 2. of D. Cancellation of Part 6 (Conditions) is replaced by the following: 2. We may cancel this policy. We must mail or deliver to you not less than IS days advance written notice stating when the cancellation is to take affect. Mailing that notice to you at your mailing address shown In Item 1 of the Information Page will be sufficient to prove notice. S. Liberalization SECTION 11 VOLUNTARY COMPENSATION AND EMPLOYERS' LIABILITY COVERAGE 6. Voluntary Compensation Insurance A. How This Insurance Applies This Insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death, 1. The bodily injury must be sustained by any officer or employee not subject to the workers' compensation law of any state shown In Item 3-A, of the information Page, If we adopt a change in this form that would broaden the coverage of this form without extra charge, the broader coverage will apply to this policy. It will apply when the change becomes effective in your state. 2, The bodily injury must arise out of and In the course of employment or incidental to work in a state shown in Item 3.A. of the information Page, 3- The bodily injury must occur in the United States of America, its territories or possessions, or Canada, and may occur elsewhere if the employee is a United States or Canadian citizen, or otherwise legal resident, and legally employed, in the United States or Canada and temporarily away from those places. Form WC " 03 01 B Printed In U.S.A. (Ed. 8100) Page 2 of 0 4. Bodily Injury by accident must occur keep an amount equal to our expenses of during the policy period. recovery and the benefits we paid. We will 5. Bodily injury by disease must be czused pay the balance to the persons entitled to Et. or aggravated by the conditions of the If the persons entitled to the bents of this officer's or employee's employment insurance make a recovery from Gathers, they The officer's or employee's last day of must reimburse us for the benefits we paid last exposure to the conditions causing them, or aggravating such bodily injury by F. Employers' Liability Insurance disease must occur during the policy pad Two (Employers' Liability Insurance) period. applies to bodily injury covered by this B. We Will Pay endorsement as though the State of We will pay an amount equal to the benefits Employment was shown in Item 3.Ae. of the that would be required of you as if you and Information Page. your employees were subject to the workers' This provision 6. ace's not apply in Now Jersey or corn pensation law of any state shown in Item Wisconsin. 3.A, of the Information, Page. We Wil pay EMPLOYERS' LIABILITY STOP GAP COVERAGE those amounts to the persons who would be entitled to them under the lave. 7. Employers' Liability Stop Gap Coverage C. Exclusion A. This coverage only applies in Montana, This insurance does tact cover: North Dakota, Ohio, Washington, West Virginia and Wyoming, 1. any obligation imposed by workers' 5, fart One (Workers' Compensation compensation or occupational disease Insurance) does not apply to worst in states law or any similar law, shown in Paragraph A above. 2. bodily injury intentionally caused or C. Pad Two (Employers' Liability Insurance) aggravated by you, applies in the states, shown in Paragraph A., 3. officers or employees who have elected as though they were shown in Item 3.A, of not to be subject to the state worker$' the Information Page. compensation law, D3 Part Two, Section C. Exclusions is changed 4, partners or sole proprietors not covered by adding these exclusions. under the Standard Sale Proprietors,. This Insurance does riot cover; Partners, Officers and Others Coverage Endorsement. 5. bodily injury intentionally caused or G. Before We Pay aggravated by you or in Ohio bodily injury resulting from an act which is Before we pay benefits to the persons determined by an Ohio court of law to entitled to them, they roust_ have been committed by you with the 1, Release you and us, in writing, of all belief than an injury is substantially responsibility for the injury or death certain to occur. However, the cost of 2. Transfer to us their right to recover from defending such claims or suits in Ohio is others who may be responsible for the covered. injury or death, 13. bodily injury sustained by any mem ber of 1 Cooperate with us and do everything the flying crew of any aircraft. necessary to enable us to enforce the 14, any claim for bodily Injury with respect to right to recover from others. which you are deprived of any defense If the persons entitled to the benefits of this or defenses car are otherwise subject to insurance fail to do those things, our duty to penalty because 4f default in premium pay ends at once, If They claim damages under the provisions of the workers' compensation taw or laws Gat a state from you or from us for the injury or death, shown in Paragraph A. our duty to pay ends at once. E. Recovery From Others E, This insurance applies to damages for which you are liable under West Virginia Cabe If we make a recovery frcrn others, we will Annot. S 23-4-2. Form WC 99 03 01 B Printed in LI.S.A, (Ed, 8/00) Page 3 of 6 EXTENDED OPTIONS 1. Employers' Liability Insurance Item 3.13. of the Information Page is replaced by the following- B. Employers' Liability Insurance: 1. Part Two of the policy applies to work, in each state listed in [teen 3,A, The Limits of Liabirity under Fart Two are the higher of: Bodily Injury by Accident $600,000 Each Accident Bodily Injury by Disease $500,000 Policy Umit Bodily Injury by Disease OR $500,000 Each Employee 2. The amount shown in the Information Page.. This proVision t of EXTENDED OPTIONS does not apply in New York because the Limits Of Our Liability are unlimited, In this provision the limits are changed from $500.000 to $1,000,000 in California. 2. Unintentional Failure to Disclose Hazards If you unintentionally should fail to disclose all existing hazards at the inception date of your policy, we shall not deny coverage under this policy because of such failure. 3. Waiver of Our Right To Recover From Others A. We have the right to recover our payments from anyone liable for an injurycovered by this policy. We will not enforce cur right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us, This agreement shall not operate directly or indirectly to benefit anyone not named in the agreements 8, This provision 3. does not apply in the states of Pennsylvanla and Utah. 4. Foreign Voluntary Compensation and Employers' Liability Reimbursement A. How This Reimbursement Applies This reimbursement provision applies to bodily injury by accident or bodily injury by disease. Bodily Injury includes resulting death, 1. The bodily injury must be sustained by an officer or employee. 2. The bodily injury must occur in the course of employment necessary or incidental to work in a country not listed in Exclusion C.1 _ of this provision. 3. Bodily injury by accident must occur during the policy period. 4. Bodily injury by disease must be caused or aggravated by the conditions of your employment. The officer or employee's last exposure to those conditions of your employment must occur during the policy period, B. We Will Reimburse We will reimburse you for all amounts paid by you whether such amounts are, I , voluntary payments for the benefits that would be required of you if you and your officers or employees were subject to any workers' compensation law of the state of hire of the Individual emptoyee, 2, sums to which Part Two (Employers" Liability Insurance) would apply if the Country of Employment were shown in Item 3.A, of the Informatioirn Page. C. Exclusions This insurance does not cover: 1, any occurrences in the United States, Canada,, and any country or jurisdiction which is the subject of trade or economic sanctions imposed by the laws or regulations of the United States of America in effect as of the inception date of this policy. 2. any obligation imposed by a workers' compensation or occupational disease law, or similar law. 3_ bodily injury intentionally caused or aggravated by you, Form WC 99 03 018 Printed in J,S.A,. (Ed. 3100) Page 4 of 6 4. liability for any consequence, whether direct or indirect, of war, invasion, act ©d Foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power. No endorsement now or subsequently attached to this policy shall be construed as overriding or waiving this limitation unless specific reference is made thereto. D. Before We Pay Before we reimburse you for the benefits to the persons entitled to them, you must have them: 1. release you and us, in writing, of all responsibility for the injury or death, 2. transfer to us their right to recover from others who may be responsible for their Injury or death, 3. cooperate with us and do everything necessary to enable us to enforce the right to recover from others. If the persons entitled to the benefits paid fail to do these things, our duty to reimburse ends at once. If they claim damages from us for the injury or death, our duty to reimburse ends at once. E. Recovery From Others If we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we reimbursed. We will pay the balance to the persons entitled to It. It persons entitled to the benefits make a recovery from others, they must repay us for the amounts that we have reimbursed you. F. Reimbursement for Actual Loss Sustained This endorsement provides only for reimbursement for the loss you actually sustain. In order for you to recover loss or expenses under this reimbursement you must: 1. actually sustain and pay the loss or expense in money after trial, or 2. secure our consent for the payment of the loss or expense, G. Repatriation Our reimbursement includes the additional expenses of repatriation to the United States of America necessarily Incurred as a direct result of bodily injury. Our reimbursement shall be limited as follows: 1. to the amount by which such expenses exceed the normal cost of returning the officer or employee if in good health, or 2- in the event of death, to the, amount by which such expenses exceed the normal cost of returning the officer or, employee if alive and in good health. In no event shall our reimbursement exceed the bodily Injury by accident limit shown in Item 3.13. of the Information Page as respects any one such officer or employee whether dead or alive. H. Endemic Disease The word 'disease' Includes any endemic diseases. The coverage applies as if endemic diseases were included in the provisions of the workers compensation law. 5. Longshore and Harbor Workers' Compensation Act Coverage General Section C. Workers' Compensation Law Is replaced by the following. C. Workers' Compensation Law Workers' Compensation Law means the workers or workers' compensation law and occupational disease law of each state or territory named in Item 3.A, of the Information Page and the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901-950). It Includes any amendments to those laws that are in effect during the policy period. It does not include any other federal workers or workers' compensation law, other federal occupational disease law or the provisions of any law that provide nonoocupational disability benefits, Part Two (Employers' Liability Insurance), C. Exclusions, exclusion 8i does not apply to work subject to the Longshore and Harbor 'Workers' Compensation Act. This coverage does not apply to work subject to the Defense Base Act, the Outer Continental Shelf Lands Act, or the Nonappropriated Fund Instrumentalities Act, Form WC 99 03 01 8 Printed in U.S.A, (Ed, 8100) Page 5 of 5 SECTION III 1. SCHEDUL9 QF COVERED STATES A. This endorsement only applies in the states listed in this Schedule of Covered States. C. Schedule of Covered States: Countersigned bV B. If a state. shown in Item 3.A. of the - inform afion Page, approves this endorsement after the effective data of this poticy, this endorsement will apple 0 this policy. The coverage vAll apply Ih the new state an the effective dale of the state approval, Authorized Representative Form WC 90 03 Of 8 Printed In U.S.A. (Ed, WOO) Page 6 of 6 POLICY NUMBER. 52 UUN OL5662 � THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PER LOCATION AND PER PROJECT - AMENDMENT OF GENERAL AGGREGATE SUBJECT TO MAXIMUM ANNUAL, AGGREGATE LIMIT This endorsement modifies insurance Provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Each Occurrence Limit $ See Declarations Page Personal and Advertising Injury I_imlt $ See Declarations Page Damage to Premises Rented to You -- Any One Premises $ See Declarations Page Medical Expense Limit - Any One Person $ See Declarations Page General Aggregate Limit $ Location General Aggregate Limit $ Project General Aggregate Limiit $ Maximum Annual Aggregate Limit $ Products -Completed Operations Aggregate Limit $ See Declarations Page In return for the payment of the premium when due and subject to all the terms of the Commercial General Liability Coverage Part not expressly modiCed herein, we agree with you as follows: A. The LIMITS OF INSURANCE (SECTION WI) is deleted in its entirety and replaced with the following: 1. The Most We Will Pay The Limits of Insuranca shown in the above Schedule 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. Parsons or organizations making claims or bringing °suits". 2. Maximum Annual Aggregate The Maximum Annual Aggregate Limit is the most we will pay for the sum of: a. Damages under the General Aggregate Limit, and b. Damages under, (1) Any one or more Location General Aggregate Limit(s), as described in paragraph 4. below, or (2) Any one or more Project General Aggregate Urnit(s), as described in paragraph 5. below. 3. General Aggregate Limit Subject to 2. above, the General Aggregate Limit is the most we will pay for the sum of., a. Damages under Coverage B Personal and Advertising Injury Liability; and b. Damages under Coverage C Medical Payments, and Coverage Ar Bodily Injury and Property Damage Liability, with the following exceptions. (1) "Bodily injury" or "property damage" included in the "products -completed operations hazard'; Form HS 25 42 06 48 Page 1 of 3 0 2008. The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission,) (2) "Bodily injury" or "property damage" attributed solely to ongoing operations at a single "location"; or (3) "Bodily Injury" or 'property damage" attributed solely to ongoing operations at a single "project". c. "Property damage" included as Damage to premises Rented to You. 4. Location Aggregate Limit Subject to 2. above; a. A separate LocationGeneral Aggregate Limit applies to each single "location", in lieu of and not in addition to, the General Aggregate. Such Location General Aggregate is the most we will pay for all damages under Coverage A Bodily Injury and Properly Damage Lability, or Coverage C Medical Payments, with the following exceptions, (1) "'Bodily injury" or "property damage" included in the 'products -completed operations hazard"; or (2) "Property damage" included in the Damage to Premises Rented to You coverage -,or (3) "Bodily injury „property damage", or medical expenses under Coverage C, which cannot be attributed solely to the ongoing operations at a single "location Such damages will erode the General Aggregate Limit as provided in paragraph 3. above, b. The Location {general Aggregate Limit: (1) Applies only to "occurrences" attributed solely to ongoing operations at a single "location"; and (2) bees not include damages for Coverage S Personal and Advertising Injury Liability, no matter where or in hove many "locations" the offense or offenses may be commuted. Such damages will erode the General Aggregate Limit as provldad in paragraph 3. :above, c. Any payments made under this paragraph 4., for damages for j'bodily injury", "property damage", or med(ca:l expenses under Coverage C, shall reduce the Maximum Annual Aggregate Limit and the Location General Aggregate for that "location". Such payments shall not reduce the General Aggregate Limit or the Products -Completed Operations Aggregate Limit nor shall they reduce any other Location General Aggregate Limit. 5, Project Aggregate limit Subject to 2, above; If a written contract or written agreement or permit requires a separate "project" general aggregate limit, the following will apply. a. A separate Project General Aggregate Limit applies to each single "projec", in lieu of and not in addition to, the General Aggregate, Such Project General Aggregate is the most we will pay for all damages under Coverage A Bodily Injury and Property Damage Liability, or Coverage C Medical Payments, with the following exceptions: (1) "°Eodily injury" or 'property damage" included in the products -completed operations hazard"; or (2) "'Pmperty damage" included in the Damage to Premises Dented to You coverage;or (3) "Bodily injury", "property damage°', or medical expenses under Coverage C. which cannot be attributed solely to the ongoing operations at a single "project". Such damages will erode the General Aggregate Limit as provided in paragraph 3, above. b. The Project General Aggregate Limit: (1) Applies only to "occurrences" attributed solely to ongoing operations at a single "project"; and j2) Does not include damages for Coverage 8 Personal and Advertising Injury Liability, no matter where or in how many 0projects" the offense or offenses may be committed. Such damages will erode the General Aggregate Limit as provided in paragraph 3. above. c. Any payments made under this paragraph 5., for damages for "bodily injury", "property damage", or medical expenses under Coverage C, shall reduce the Maximum Annual Aggregate Limit and the Project General Aggregate for that "'project°'. Such payments small not reduce the General Aggregate Limit or the Products -Completed Operations Aggregate Limit nor shall they reduce any other Project General Aggregate Limit, Form HS 25 42 06 08 Page 2 of 3 6. Products -Completed Aggregate Limit Operations 11. How Limits Apply To Additional Insureds The Products -Completed Operations Aggregate Umft is the most we will pay for damages because of "bodily injury" and "property damage"! included in the "products - completed operations hazard". 7. Personal And Advertising Injury Limit Subject to 3. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B Personal and Advertising Injury Liability for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization, S. Occurrence Urnit Subject to 3., 4,. 5, or 6. above, whichever applies, the Each Occurrence Limit is the most we will pay for damages under "bodily injury' or "prop" damage" arising out of any one 'occurrence'. 9. Damages To Premises Rented To You Limit Subject to 8. above. the Damage to Premises Rented to You Limit is the most we %,ill pay for damages because of 'property damage' to any one premises, while rented to you, or In the case of damage by fire, lightning or explosion, while rented 10 you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented to You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. The Damage to Premises Rented to You Coverage is not subject to any Location General Aggregate Limit or any Project General Aggregate Limit, but will erode the General Aggregate Limit. 10. Medical Expense Limit Subject to 3., 4., or S. above, whichever applies, the Medical Expense Any One Person Limit is the most we will pay under Coverage C Medical Payments for all medical expenses because of "bodily injury" sustained by any one person. Such Medical Payments Coverage Is subject to either the Location General Aggregate Limit, Project General Aggregate Limit or the General Aggregate Limit as provided in paragraphs 3., 4., or 5, above: Ifyou have agreed In a written contract or written agreement that another person or organizatlon be added as an additional Insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (1) The limits of insurance specified in the written contractor written agreement; or (2) The Limits of Insurance shown In the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. 12. If More Than One Limit of Insurance Applies If more than one limit of insurance under this Coverage Part and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this Coverage Part and such endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit". However, this paragraph 12. does not apply to the Medical Expense UmIt. for Coverage C. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy 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 last preceding period for purposes of determining the Limits of Insurance, B. For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definitions: "Location" means premises involving the same or connecting lots, or premises whose cpnnectiorr is interrupted only by a street, roadway, waterway or right of way of a railroad, "Project` means a jobsite including premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right of way of a railroad. If a "project has been abandoned and then restarted, at if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project Will still be deemed as the same project. Form HS 25 42 06 08 Page 3 of 3 POLICY NUMBER: 52UUNOL5662 �C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED CERTIFICATE HOLDER SCHEDULE Number of Days Notice: Part A: 36 Pert 3: t Part C: 30 This policy is subject to the following additional Conditions when a number of days are shown in the Schedule for any of the above Parts. A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided to the certificate holder In the Schedule, at least the number of days in advance of the cancellation effective mate, as shown in Part A. B. R this policy is canceled by the Company for nonpayment of premium, notice of such cancellation will be provided to the certificate holder in the Schedule within the number of days notice of the cancellation effective date, as shown in Pert B. C. fi this policy is cancelled by the insured, notice of such cancellation will to provided to the certificate holder in the Schedule, within the number of days notice of the cancellation effective date, as shown in Part C. Name of Certificate Holder: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT. Mailing Address. THEADDRESS FORTHAT PERSON ORORGANITATION INCLUDED IN SUCH WRITTEN CONTRACT. If notice is malted, proof of mailing notice to the certificate hokider's mailing address as shown in the Schedule will be sufficient proof of notice. If the number of days notice in the schedule for any Part is left blank or is shown as zero, no notice will be provided to the Scheduled certificate holder under that Part. Any notification rights provided by this endorsement apply only to actives certificate holderjs) who were issued a Certificate of insurance applicable to this policy's term Failure to provide such no ice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send, notice shall impose no liability of any kind upon the Company or its agents or representatives. Form llli 03 15 0611 Pagel of 1 2011, The Hartford POLICY NUMBER: 52LIENOL5663 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED CERTIFICATE HOLDER SCHEDULE Number of Days Notice: Part A: 30 Fart B: 10 Part C: 30 This policy is subject to the following additional Conditions when a number of days are shown in the Schedule for any of the above Parts. A. It this policy is cancelled by the Company, other than for nonpayment of premium, nofco of such cancellation will be provided to the certificate holder in the Schedule, at least the number of days in advance of the cancellation effective date; as shown in Part A. S. If this policy is cancelled by the Company for nonpayment of premium, notice of such cancellation will be provided to the certificate holder In the Schedule within the number of days notice of the cancellation effective date, as shown in Part B. C. If this policy Is cancelled by the insured, notice of such cancellation will be provided to the certificate holder in the Schedule, within the number of clays notice of the cancellation effective date, as shown in Part C. Name of Certificate Holder ANY PERSON OR ORGAWLATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT. Mailing Address; THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN CONTRACT. It notice is mailed, proof of mailing notice to the certificate holder's mailing address as shown in the Schedule will be sufficient proof of notice. If the number of days notice in the schedule for any Bart is left blank or is shown as zero, no notice will be provided to the Scheduled certificate holder under that Part. Any notification rights provided by this endorsement apply only to active certificate holders) who were issued a certificate of insurance applicable to this policy's terns Failure to provide such notice to the certificate holder(s) will not amend or extend the -date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any hind upon the Company or its agents or representatives, Form IH 03 15 0611 Pagel of 1 2011, The Dartford lay THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number, 52WEOL6KBD Endorsement Number.- - Effective Date: 0613012021 Effective hour is the same as stated on the Information Page of the policy. Darned Insured and Address: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED t:N A WRITTEN AGREEMENT OR CONTRACT: This policy is subject to the fallowing additional Conditions: U It this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (00) days in advance of the cancellation effective date to the certificate holder(s) vlth mailing addresses on file with the agent of record or the Company. If this policy is cancelled by the Company for non-payment of premium, or by the insured, notice of such cancellation will be provided within tan (10) days of the cancellation effective date to the certillcate holder(s) with mailing addresses on file with the agent of record or the Company. Form WC 99 03 94 Printed in L.S.A. Process Date: 0613W2021 If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice, Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will It negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. 0 2011, The Hartford Policy Expiration Date. 0613012022 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: Toby Hallock, PE 220 Fourth Avenue South Kent, WA 98032 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 Green River Natural Resources Area North Pump Station, City of Kent. GeoEngineers No. 0410-187-01 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