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Home My WebLink AboutCAG2020-377 - Amendment - #1 - GeoEngineers, Inc. - Desimone Levee Repair Design Review - 12/09/2021Nancy Y. for Toby Hallock Public Works 12/08/2021 12/10/2021 N/A D20083 N/A GeoEngineers, Inc.Contract Amendment Desimone Levee Repair Extend the time of completion to December 31, 2022. Other 12/31/2022 $0 CAG2020-377 12/9/2021 AMENDMENT - 1 OF 2 AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc. CONTRACT NAME & PROJECT NUMBER: Desimone Levee Repair ORIGINAL AGREEMENT DATE: November 23, 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 the Corps and King County are continuing their work in design and planning repairs in 2022. 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 - Desimone Levee Amd 1/Hallock Client#: 326119 GEOENINC2 ACORDT,, CERTIFICATE OF LIABILITY INSURANCE D6/23/ tDDtYYYY) (23(2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Please See Below: USI Insurance Services NW CL PHONE 206 441-6300 FAX 601 Union Street, Suite 1000 EA/�Lo Exq: [AiC.No} 610-362-8530 Seattle, WA 98101 ADDREss: Seattle.P1 CertRequOstouSi.com INSURED GeoEngineers, Inc. 17425 NE Union Hill Road, Suite 250 Redmond, WA 98052 INSURERS) AFFORDING COVERAGE NAIC INSURER A: Hartford Fire Insurance Company 19682 INSURER B : Hartford Casualty Insurance Company 29424 INSURER C : Hartford - WC Multiple Issuing Cos 00914 INSURER D : INSIIRFR F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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. MR' TYPE OF INSURANCE INSR. 4y►' I _ POLICY NI A X1 COMMERCIAL GENERAL LIABILITY X X 152UUNOL5662 CLAIMS -MADE L_J OCCUR 1 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ,� ECT L] LOC OTHER: AUTOMOBILE LIABILITY X X 52UENOL5663 X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X AUTOS I X NON -OWNED ONLY AUTOS ONLY B X UMBRELLA LIAB X OCCUR 52XHUOL5664 X I X I i EXCESS LIAR CLAIMS -MADE (Follow Form) C WORKERS COMPENSATION X 52WEOL6H8D AND EMPLOYERS' LIABILITY ANY PROPRIETT4R/PARTNERIEXECLITIVE�Y/N Includes: OFFICER/MEMBER EXCLUDED? I N N / A (Mandatory in NH) StopGap/MEUUSL&H If ves, describe under LIMITS EACH O�C�CURpRENCE $1 PREMISES EeEO vE1YBnce $2 MED EXP (Any one person) $1 PERSONAL & ADV INJURY $1 GENERAL AGGREGATE $"e PRODUCTS - COMP/OP AGG $ 2 COO 91NEDISINGLE LIMIT 1 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAOF Per a dent $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it 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 #0410-176-03, Design Review of DeSimone Levee Repairs, Kent, Washington. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement (See Attached Descriptions) 000 City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 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 #S32441335/M32439117 MYPZP DESCRIPTIONS (Continued from Page 1) that provides Additional Insured status to City of Kent, only when there is a written contract that quires such status, and only with regard to work performed on behalf of the named insured. The General Liability and Automobile Liability policies contain a special endorsement with Primary and Noncontributory wording, when required by written contract. The General Liability, Automobile Liability and Workers Compensation policies provide a Waiver of Subrogation when required by written contract. The General Liability policy includes a Separation of Insured Provision, when required by written contract. The General Liability policy includes General Aggregate Limit - Per Project Endorsement, when required by written contract. The General Liability, Automobile Liability and Workers Compensation policies include an endorsement providing that 30 days notice of cancellation will be given to the Certificate Holder by the Insurance Carrier. ,Alai I I A 15.J ("LU1 b/U3) 2 of 2 #S32441335/M32439117 POLICY NUMBER. 52 UUN OLS662 COMUEFICIAL GENERAL LIARKM co 201010 ol THtS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CARMLLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This eridcTsvriant modifies Inswaxe, provided under the lolloWing. COMMERCIAL 5ENERAL LIA131LITY COVERAUE PART SCHEDULE ?Jame of Person or OrganIzatlon, As required by written contract (11 lic entry appoam above. ifliorrnawrt required to 001hplatti No endorsement will be shown ill the 00clatations as applicable 10 INS ardori;a- manti A. $aCJIW III — Who to An Insured is amo nded In iriopdo ELa an Insured the 11,069n or *rQArkI1aWrt ShOwn in the Schpd w!le, bLn only with respect to 140hiffly aflaing ritill of your ongoing opera- tions performed for that Insured, 6, With rimpwt to the insurances allorded to lhoso addifipnoll insurodis- the toillowirig oxcluim 03 added i 2. Exclusions This insueamo does not apply Re "bodily Injury" or `prop_ any dairnaae accuritrig #"sr: (1) All work, inOuOlnq matPoadej, parts or equipmenr IUMShod in Wnii.aCtion with suah wor11, on Itle project (Quiet than SonvEcu, mainionarim or p- Pairs) 10 be performed by or OTI battall of the ad- ditional ITISUTed(s) at 1hu site of 11he covow gas orations has been complolod: or (2) That portion at 'ywr work" ow of Which the injury or damage Armes hag teen put to its dninivoed use by any person or CV9anizalirM other Man an. olhar cankraCtor at WbconicaCtor engaged in per• lotming operations for a principal as a part of the Sam& iontiloct, CG 20 1010 01 Copyrol. InaLtarice SeNlcag Ofr!Ce_ lnf.. 2000 Page 1 of 1 POLICY, 52UUNOLW2 AI.PNC.WOS,SI.Ong0ps.CO COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you' and 'your' refer to the Named Insured shown in the Declarations, and any other person or organizabon, qualifying as a Named Insured under this policy- The words "we", "us" and 'our" refer to the stock Insurance company Member of The Hartford providing this insurance. The word `insured" means any person or organization qualifying as such under Section 11 - Who Is An Insured, Other words and phrases that appear in quotation marks have special meaning, Refer to Section V - Definitions, SECTION I - COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of 'bodily Injury' or *property damage" to which this Insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured agafnsl any "suit' seeking damages for "bodily Injury" or 'property damage' to which this insurance does not apply- We may, at our discretion, investigate any 'occurrence' and settle any claim or 'suit' that may result, But: (1) The amount we will pay for damages is limited as described in Section III - Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of Insurance In the payment of judgments or settlements under Coverages A or 8 or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments - Coverages A and B. b� 7h[s Insurance applies to 'bodily injury," and "property damage" only if; (1) The "bodlly injury" or 'property damage." Is caused by an "occurrence' that takes place in the 'ccverage 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 IJ - Who Is An Insured and no "employee" authorized by you to give or receive notice of an .occurrence" or claim, knew that the "bodily Injury" or "property damage' had occurred, In whole or in part, if such a listed Insured or authorized 'employee" knew, prior to the policy period. that the "bodily Injury" or *property damage" occurred. then any contnuation, 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. *Bodlfy Injury' or 'property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section 11 - Who Is An Insured or any 'employee" authorized by you to glue or receive notice of an "occurrenQe or claim: (1) Reports all, w any part, of the "bodily injury' or "property damage to us or any other insurer', (2) Receives a written or verbal demand or claim for damages because of the "bodily injury' or 'property damage"; or (3) Semmes aware by any other Means that "bodily injury" cw "property damage" has occurred or has begun to occur- d. Damages because of bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the !bodily injury', e. Incidental Medical Malpractice And Good Samaritan Coverage 'Bodily injury' arising out of the rendering of or failure to render the following health care services by any employee, or 'volunteer worker' shall be deemed to be caused by an .occurrence' for: HG 00 0109 16 Page I of 21. 0 2016 The Hartford (Includes copyrighted material of Insurance Services Office. Inc, with Its permission.) 9L 60 W 00 OH -jo asinoo &41 UI PuE! jo Ino Buispe painsui eqJ, jo eaAoidwo. uv (L) :ot Anru! 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(h) 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 sistar transported, handled, stored, treated, of that *employee" as a consequence of disposed of, or processed as waste by Paragraph (1) above. or for This exclusion appries, (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 pfemises, site, or damages because of the injury. location on which any insured or any This exclusion does not apply to liability contractors or subcontractors working assumed by the insured tinder an "insured directly or 'Indirectly on any Insured's contracr, behalf are Worming operations ff tha "pollutants" are brought on or to the If. Pollution premises, site or location in Donnection (1) 'Bodily injury* or 'property damage* with such operations by such insured, arising out of the actual, alleged or contractor or subcontractor. However, threatened discharge, dispersal, seepage, this subparagraph does not apply to', migration, release or escape of (i) "Bodily injury" or *property damage" 4PCAIutart5,: 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 of normal electrical, hydraulic or loaned to, any Insured, However, this mechanical functions necessary for subparagraph does not apply to,, the operation of "mobile equipment" (1) "Bodily injury' If sustained with -on a or its parts, it such fuels, lubricants building and caused by smoke, or other operating fluids escape fumes, vapor or soot produced by from a Vehicle part designed to or originating from equipment that hold, store or receive them, This Is used to heat, cool or dehumidify exception does not apply if the 'bodily 'property the building, or equipment that is injury" or damage" used to heat water for personal arises out of theintentional use, by the building's occupants of discharge, dispersal or release of their guests; th toe fuels, lubricants or other operating fluids, or if such fuels, (11) 'Bodily injury' or *property damage' lubrlnts or other operating fluids for which you may be held liable, it are brought on at to the premises, you are a contractor and the owner site or location with the intent that or lessee of such premises, site or they be discharged, dispersed or location has been added to your released as part of the operations policy as an additional insured with being performed by such intAired, respect to your ongoing operations contractor or subcontractor; performed for that additional insured at that (0) 'Elodily Injury" or "property damage" premises, site or location and such premises, site or sustained within a building and location is not and never was caused by the release of gases, owned or occupied by, or rented of fumes or vapors from materials loaned to, any insured, other than brought into that building in that additional insured,, or connection With operations being performed by you or an your behalf (Ili) "Bodily injury' or "properly damage' by a contractor or subcontractor', or arising out of heat, smoke or fumes from a "hostile fire"; (Ili) 'Bodily injury" or "property damage" 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 promises, site or used by or for any Insured or others for location on which any insured or any contractors or subconMtors working HGOO 010916 Page 3 of 29 9L 60 LO 00 VH .ol iAvwup Ali adwj. 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Iff"welam 10 0MV Uwojfv ,fi4uoLone IL51UOWWGAOB e IC),"Vqeq UO Jo Aq ji.ns. jo uj!ulo LpnS 10 'juatuailribei fjoiaInBei jo Ajolniels jo japio 'poewep *Isenbeu LMns jo aouesqe aLg ul OAN PrOM PaJnSUI OL41 ML4 «G5eweP Apedoid. jo asneoaq sabewep joi AlrilquIl of Aidde jou saop 4d ei6eued s141 'J9AGM0 H '.SluejnjjOd.'jO %oejje aQj 6uissasse jo 'ol 6ulptiodsoi Rene Rue ui jo 'duvz[jejjn9u jo BujAjlxolep '6ulleoil '15U)UIE4UGO '6UIA0U.JGl Idn Bujue;afo i6opol!uoui ;jol Cutisal to asneoeq saBetuep jol Ajpoa na jejuawweAo6 e jo jte4eq uo jo Aq fins jo wie[o (q) Jo,.StUejnjjod,, 'l® S100)10 aql stasse jo '01 puodsoi Aem Aue ul jo laziluivieu jo Apxojap jeeil U!eluoo lsnowaj tn ueelo 'A(41UOW 'jol Isal sjaL;vo jo painsui Aue leill juewe,Jjnbaj Ajojejnl oj joAjolnleisjojepio'puewap'isanba?j (o) jo Ino iBuispe, asuedxa 10 tsoo ssol Auv (a) -.uelnilod. P 913agg a4l ssgsse JO 'ol puodsai Aom Aue ul jo a2llwlneu jo Apxojap 19041 'ujequm 'aAowaj 'dn ueaI3 'JOPUDW 'Jol )Sol of ale suollejado sqj It suoijejado BulLwapad aje 1le4aq s4painsu,i. Aue uo Alloou.pul m Alpoilp (1) Property you own, rent, or occupy, including any costs or expenses Incurred by you, or any other person, organization o,T entity, for repair, replacement, enhancement, restoration at maintenance of such property for any reason, Including prevention of injury to a person or damage to another's property: (2) Promises 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 of subcontractors working directly or Indirectly on your behalf are performing operations, it the "property damage" arises out of those operations.- or (6) That particular part of any property that must be restored, repaired or replaced because 'your work" was incorrectly performed on It, Paragraphs (1), (3) and (4) of this exclusion do not apply to *property damage' (other than damage by fire) to promises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days- A separate limit of insurance applies to Damage To Premises Rented To 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 Lisa of elevators. Paragraphs (3), (4), (6) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site. Paragraph (6) of this exclusion does not apply 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, 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 properly' or property that has not been physically Injured, arising out of., (1) A defect, deficiency, Inadequacy or dangerous condition in 'your product' or 0your workm,- or (2) A delay or failure by you or anyone acting on your behaff to perform a contract or agreernant in accordance with its terms. This exclusion does not apply W the loss of use of other property arising out of sudden and accidental physical injury to 'your product' or "your work" after it has beef) 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 pToduct", (2) "Yourwork".- 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 '130dily Injury* arising out of "personal and advertising injury*. p. Access or Disclosure Of Confidential Or Personal Information And Date -related Liability Damages arising out of, (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card Information, 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, HGtat) OID916 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 Paragraph (1) or (2) above, (c) Arise out of any claim or suit for damages because of testing for, However, unless Paragraph (1) above monitoring, cleaning up, removing, applies, this exclusion does not apply to encapsulating, containing, treating, damages because of *bodily injury_ 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 Wolation Of Law and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data "Bodily Injury" or *properly damage" wising processing devices or any other media which directly or Indirectly out of any action or omission that violates or is alleged to violaw, are used with electronically controlled equipment. (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 Art of 2003, including (1) A person arising out of any "employment® any amendment of or addition to such law, related practices", o ' r (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 Induding the Fair and Accurate Credit injury* to that person at whom any Transaction Act (FACTA),, or "employment -related practices* are (4) Any federal, state or local statute, directed. ordinance or regulatlon, other than the This exclusion appkes: TCPA or CAN-SPAM Act of 2003 of FORA (1) Whether the injury -causing event and their amendments and additions, that described in the defiriltion of "employment- addresses, prohibits or limits the printing, related practices" occurs before dissemination, disposal, coilecong! employment, during employment or after recording, sending, transmitting, employment of that person,, communicating or distribution at material (2) Whether the insured may be liable as an or information. employer or in any other capacity; and Damage To Promises Rented To You — (3) To any obligation to share damages with Exception For Damage By Fire, Lightning Or 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 while rented to you or temporarily (1) "Bodily injury" or 'property damage' occupied by you with permission of the owner. A arising mat of lhe 'asbestos hazard". separate limit of insurance applies to this (2) Any darnages, judgments, settlements, coverage as described In Section III — Limits Of loss, costs or expenses that: Insurance. fa) May be awarded or incurred by reason COVERAGE B PERSONAL AND ADVERTISING of any claim or suit alleging actual or INJURY LIABILITY threatened injury or damage of any 1. Insuring Agreement nature or kind to persons or property which would not have occurred in a. We will pay those sums that the insured whole or In part but for the "asbestos becomes legally obligated to pay as damages hazard": because of 'personal and adverfising injury" 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 6 of 21 HG 00 0109 16 discretion, investigate any offense and settle any claim or 'suit* that may result. Sul: (1) The amount we will pay for damages is limited as described in Section M - Limits Of Insurance; and (2) Our right and duty to defend end when we have used up he applicable limit 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 S. lb. This Insurance applies to *personal and advertising Injury" caused by an offense arising out of your business but only H 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 will: 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 done by or at the d1rection of the insured with knowledge of its falsity. 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 (oDX place before the beginning of the policy period. d. Criminal Acts 'Personal and advertising injury" arising out of a criminal act committed by a 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 !jury" arising out of a breach of conlW, except an implied contraid to use anotheir'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 wM any statement of quality or performance made in your 'adveirtisement". h. Wrong Description Of Prices *Personal and advertising injury' arising out of the wrong description of the price of goods, products or services. 1. Infringernent 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 perky Involved In the claim or osuir, regardless of whether this insurance would otherwise apply. However, this exclusion does not apply if the only allegation in the claim or "suit involving any intellectual property right is firrifted to: (1) Infringement, in your Oadvertisemenr, of, (a) Copyright; (b) Slogan; or (c) Tide of any literary or artistic work; or (2) Copying, in your '"advertisement", a person's or organization's "advertising Idea* or style or 'advertisem ant*. 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 provlder, However, this exclusion does not apply to Paragraphs a-, b. and c. or the definition of "personal and advertising injury' under the Definitions Section, HG 00 01 0916 Page 7 of 21 For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others a nywh are on the Internet. Is not by itself, considered the business of advertising, broadcasting, publishing at telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and 1 advertising injury" arising out of an electronic chatroorn or bulletin board the insured hosts, owns, or over which the insured exercises control, L Unauthorized Use Of Anothers 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 anotheT's 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 or suit by of on behalf of a governmental authority for damages because of testing for. monitoring. cleaning up, removing, containing, treating, detoxifying or neutralizAng, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of; (1) War, including undeclared or civil war-, (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents: or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these, p. Internet Advertisements And Content Of Others 'Personal and advertising injury* arising out of; (1) An "advert semen t" for others on your web s0e; (2) Placing a link to a web site of others on Your web site; (3) Content, including in(ormatlon, sounds, text, graphics, at images from a web site of others displayed within a frame or border on your web site; or (4) Computer code, software or programming used to enable; (a) Your web site; or (b) The presentation or functionality of an 'advertisement" or other content on your web site- 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 Anti -Trust law *Persanal and advertising injury' arising out of a violation of any anti-trust law, s. Securities 'Personal and adverts log injury* arising out of the fluctuation In price or value of any stocks, bonds or other securities. t. Recording And Distribution Of Material Or Information In Vlolatlon Of Law "Personal and advertising Injury" arising directly or indirectly out of any action or omission that violates or is alleged to viotale- (1) The Telephone Consumer Protection Act JTCPA), including any amendment of or addition to such law-, (2) The CAN-SPAM Act of 2003, including any amendment of of addition to such law, (3) The Fair Credit R eporling Act (FCRA), and any amendment of or addition to such law, induding the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or loccal 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, dissemination, disposal, collecting, recor4ing, sending, transmitting, communicating or distribution of material or information_ Page8 of 21 HG 00 01 0916 u. Employment -Related Praii:flces '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 whom any *employment-retated practices" are directed. This exclusion applies: (1) Whether the injury -causing event described in the definition of "ernployrriant- 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 'a sbestos hazard'. (2) Any damages, judgments, settlements, loss, costs or expenses that: !a) May be awarded or Incurred by reason► of any claim or suit alleging actual 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 lest for, monitor, clean up. remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxilying 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 organizations confidential or personal information, including patents, trade swats, 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 faiations 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 injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require, b. We will make these payments regardless of fault, These payments will not exceed the applicable limit of Insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 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. c, Injury On Normally Occupied Premises To a person injured w that part of premises you own or rent that the person normally occupies, d. Workem Compensation And Similar Laws To a person, whether or not an "employes" Of HG 00 01 0916 Page 9 of 21 any Insured, I benefits for the "bodily Injury' are Payable or must be provided under a workers' compensation or disability benefits law or a Simi* law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises of 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 AAND B 1. We will pay, with respect to any claim we Investigate or settle, or any 'suit" against an insured we defend: a. Ail 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 Cov"ge 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 'suir', including actual loss of earnings up to $500 a day because of time off from work. All court costs taxed against the Insured In the 'suit'. However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed to the insured, C Prejudgment interest awarded against the insured on that part of the Judgment we pay. If we make an offer to Pay the applicable limit of insurance, we will not pay any prejudgment Interest based on that period of time after the offer, g. All interest on the full amount of any judgment (bat accrues after entry of the lodgment and before we have paid, offered to pay, or deposited In court the part of the judgment that is within the applicable limit of insurance. These payments Will not reduce the limits of insurance, 2. If we defend an insured against a "'suit" and an Inderrinitee of he Insured is also named as a party to the "suit, we wili defend that Indemnitee if all of the following condlUons 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 contra&'; 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", a. The indemnitee and the insured ask us 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 C The indemnitas: (1) Agrees in writing to,, (a) Cooperate with us in the investigation, settlement or defense of the "suits; (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 coordinating other applicable insurance available to the indemndee, and (2) Provides us with written autivrization to., (a) Obtain records and other information related to the "suit": and (b) Conduct and control the defense of the indemnitee In such *sult6- So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expanses 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 — Soclily 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 10 of 21 HG 00 01 0916 Our obligation to defend an Insured's indemnilIee 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 11 - WHO IS AN INSURED I. 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 Yenture, you are an insured. Your members, your partners, and their spouses are also Insureds, but ortly with respect to the conduct of your business. cn A 4miled 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 onty 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 (heir duties as trustees. 2. Each of the fallowing is also an insured: a. Employees And Volunteer Workers Your 'volunteer workers' only wh Ile performing duties related to the conduct of your business, or your "employees", other than either your � executive officers" (if you are an wganizaVon other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees, or 'volunteer workers" are insureds for: (1) 'Bodily injury" or 'personal and advertising injury - (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -employee"' while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee!' or that "volunteer worker" as a consequence of Paragraph (1)(a) above,- (c) For which there Is any obligation to share damages with or repay someone else who must pay damages because of the Injury described In Paragraphs (1)(a) or (1)(b) above or (d) Arising out of his or her providing or failing to provide professional health care senAces, If you are not In the business of providing professional health care services: (a) Subparagraphs (1)(a), (i)(b) and (1)(c) above do not apply to any 'employee" or "volunteer worker' providing first ald 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 prop": (a) Owned, occupied or used by, (b) Rooted to, in the care, custody or control of, or over which physical contrcA Is being exercised for any purpose by you, any of your "employees", 'volunteer workers", any partner or member (if you ate a partnership or joint venture), or any member (it you are a limited liability company). lb, Real Estate Manager Any person (other than your "employee" or "volunteer worker), or any organization while acting as your real estabe manager. c- Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only, (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. cL Legal RepiresentatIve It You Die Your legal representative if you die, but only HG 00 01 0916 Page I I of 21 % 60 W ad VH Aarmwou Jo oneuJ of powbe suy jopuaA 'UOISInOJd s!yj fapun paJnsul aLjj So 6UJOINOS Ja sisal 'SjuawjSnfpe ue sl o4m umad hue in Woldwa egj in '9Lxxjoadsuj vans aNew cq aJnljej AuV (e) noA �q pe!dnoasa Jo jo aBJep aqj u! `01 paluaJ Jr74i1L';UC10 lQUF6!Ja ma ul pafiespedaJ Aq pauMo AwWoJd of .Bfiewep Apadwd, `q UOLP PUB JainjaepuBLU OLP wOJI jo liemajum agj f uijeJado uosaad SUoilonJjm fapun sped )o uoltnpjsgns o,41 jo ,WLoldwa.-oo e of ,Ajn4ru! A p0q., .e GLII 10 'Bupsvi 'uonegsuouiap .oj joadsaJ 411m 'ucxjoadsul jo asocUnd ayj Joj Alaics POJnSUI ue s1 uoijaziuE?Bjo jo uosiod ou 'Jcaa4c3hAoH payaedun uegm }dens '6ulSesloedaki (p) °Apl[gell SM Joj Waoz!ue5io Jo uosJad jegj of �iopuaA GjgejieA0 sl purl Aue jo aoueJnsuj JOLjjo oU y AjUo OLp Aq Allewpolul apew jonpoitl pue 11eJ3lajeM 3t4j jo uolleJado aqj )o lno bulsue a4i. ul 96ue4a lealweLjo Jo jsaishyd Auy (o) d1!Lgell of taodsaJ qpm djuo jnq 'poinsui ue oslL' ;noA sl LuosJad vans )a jonpuoa aLlj JQ) alcj!suodsaJ Aq pozumpneun d]uauum ssaadxa ALry (q) Llogez!ue6Jo jct uo-wed JByjo duV °uoisslLwad :]LJOWE)s16U JO jaeJjuiao JnoA pm Ijejaialem vans builejado ellgM painsui 9Llj jo oauasge ul aAetl pinaik ue sl uosied fue 'a6JL?go v in; stiosJad �[JJeo .Ut3pLAid ayI ]eta OBaqj a dl�ltq 01 Aasn 6u€aq. jou si Puu 6UQ1 la% LS UB41 ssel op of p cal ttldde ]OLi s+:rap uOfsnjoxS 5LLj,L .L s1 ley; umo iou op noA jlelaJalem of jaadsaJ 4 'tuawaaJ&e Ja 13eJluoo a u1 Al!pciell jo jjeJaJaleM paumOuON -V uo!Iduinsse mg jo uosew Aq see5ewep uoije.iuefiJo tad a] pajel'I sl pugA aqj yalyM Gqj pauJJo) jo paJ!nt*e noX aJajaq paliiLutmoo Jol �eBewep djJadnrd. Jai ,Aintui A4!pog. (s) asuajjo Ue 10 Inn, Bu!sue knfui BUISEPOApsa :o] Aldde pu saop aouainsui sjkL.j pue leuosjad,. of hldde lou saop g abe,JBAOO -3 :SU0jSnj3xa pue :uo!Ieziun5jo atyj pa"Cj Jt3 p$Jinboe W lewNlIppe 6uw,olloj eg1 of jaa(gns aJcijaq paJ3naao 1egj �a6ewep Apadold. in sa JopUBA BL41 papJope oomnsul eyl (1) knrut Al!pcq.. of Aidde jou saop y a8eJaAo0 'q ' j)Jem4 SualjeJadO pa ialawco-slonpoJd, 'JdJJea Sl JOAaLjaiyM 'popod eLP a(Mim PePnioUI .06(l Jep i(padoJd, Aoliod aqi jo pue aqj Jo uQjjuz!ue6jo agi Ja ./Gnful Aapoq,. Joj ebeaonoo sap!Acud uuoj jo aJlnboe ncd ialje Sep yjgpj, ayj !tjun ued 06RIOA00 sits ji Apo pue ssouisnq AjU0 papJo))e Sj UOISiAOJd sjgl fapun a6eisAoo -e s,JopuaA OL.p j0 esmoa juln6aJ aqj ul plos ;IBAeiY OH 'LJ041ez1ue6J0 ro pajnq!Asip eJe uoi4m sjOnpojd JnoA. jo jno le4l 01 algeLeAe aoueJnsljl !ellwis j9LI)o ou Buispe ,afwep AuadoJd, JQ .tin)ut d#ppoci. st alatal A paJnsul paweN a se Aplenb jpm'�oojs 01 IoadsaJ 't1!m dluo jnq '(JopuaA se molaq 66110A $4j )o %OS ueL11 OJOLU In Isaiajut le!oueug aj paJaa)eJ) (s)uotjez!ue6Jo Jo (s)uosJad AuV LriejjUit?Lu nod qoiLim JaAo pue /juL?dLUi h1iiigL31l SJ0Pu0A 'e pal!wil Ja aJnjuaA juio) 'digsJotgjt2d a uegj Ja4jo IJed 06eaan03 SFljj �LLUO; 10 031ntoe A[MaU n0A uoiiezlue6Jo AUV jo tied a apew pue sn Aq panssl juatuasJopua U01je7lueBJo paw-fo:1 to p lnboV AlmaN I us Aq painso.1 us se popnpL� sl u6llezlue6Jo 'G3ueJnsul;a sjitmj q 1l c Jo uosJad Lion jl U0$S1A0Jd s!tjj fapun poinsul ua{jsne4xe atjj 4 uo!jeujuu;Dj sji Jol jnq kAjod UO s1 uo!jez!ueBJo ao uosJad Lpns ou 'JeAamOH +tans fapun paJnsui powLau e aq pinoM Jot -powooke Jo loeJluoo eqj Aq pojlnboi hl!od laLlloulu Japun poinsui peweu a osle sl api jo po+Jod Islip Joj R!uo tiois)Aoid s!yi Japuni pamul yons goItjm of loodsaJ J411M a6eLuep Jo paJnsul leuoit!ppe us Si uclieziue6Jo Jo uosJed bn [q aj djdde jou saop p$Jnsui pawLeu a Se w0weaa5c Jo IaeJjuoa aLp jo uc 9maxe 1Jed abejeAoo slyl u! paweu jou d.ie!pisgns aqj cl juanbasgns smao eftwep Jo hin#u! AuP Joj uia.Jay papJo;je aauejnsul agl atji pep!Acud Idailod .rnoA uo painsul letioljippe `jJed a6eJaA0o aL110 ajEp us se pappe a,q uo!1ez!ue6Jo Jo umad Ltons jeyj 9Ajja8j;6 041 uo y3ojs 6u110A aqj jo %()q uetlj 'uo>isNpgns leoijllod jo ojels s Aq patissl 1CwJad a aJow to jsaJalui le!aueu!j a umo noA galtjM jo asneaaq JO juawaaJ6e U01piM 'jo>?Jjuaa ua=]!lnn jo AI!lue pajeaodaooui Allebal a si ya!ynn sJnoA e ui 'PQQJQe 2Aeq nod ua4m paunsui leuoil!ppe j0 'Joaj, L#j AJelp1sclns pue 'fue piscins duV us We (s)u0g0z!ue8J0 Ja (s)uosJad 60mcjlo) aql AJetpisgng paLueuun -a 14wied -lied o6sJaAoo s!yj fapun saijnp J0 luetuawfiv Uaj7IJAl� '13ajjuao u0140M pue s1g61JJ Jn0A lie gAeq jj!m 9AjjejuasaJdaJ Rg pannbaN uegM speansul leuoplppd 'S IaLU gons se sagnp of jaedsoi gjjm undertakes to make In the usual course of business, In connection with the distribution or sale of the products; (f) Demonstration, Installation, servicing or repair operations. except such operations performed at the vendor's premises In connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredlent of any other thing or substance by or for the vendor, or (h) 'Bodily Injury" or *property damage' arising out of the solo 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- (f) The exceptions contained in Sub- paragraphs (d) or (f); or (il) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sate of the products. (2) This Insurance dons not apply to any Insured person or organization, from whom you have acquired such products, W any ingredient, part or container, entering into. accompanying or containing such products. b. Lessors Of Eetuipment (1) Any persons) or organization(s) from whom you lease equipment; but only with respect to their liability for 'bodily injuray, 'property damage' or 'personal and advertising Injury' caused, In whole or in part, by your maintenance, operation or use of equipment teased to you by such person(s) or orga nization (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. a. Lessors Of land Or premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the rand or premises leased to you. With respect to the Insurance afforded these additional insureds the following additional exclusions apply: This Insurance does not apply to.- 1. Any "occurrence' which takes place after you cease to lease thet land; or 2. Structural alterations, now construction or demolition operations performed by or on behalf of such person or organization, d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor. but only with respect to liability for "bodily Injury", 'property damage' at 'personal and advertising injury caused, In whole or in part, by your acts or omissions cc the acts or omissions of those acting on your behalf: (1) In connection width your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional Insureds, the following additional exclusion applies: This insurance does not apply to "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 praparing, approving, or failing to prepare or approve, reaps, 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 injuryr, involved the rendering of or the failure to render any professional servicas 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 poiMcal subdivision has issued a permIL With respect to the insurance afforded these additional Insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertsing injury' arising out of operations performed for the state or municipality; or HG 00 01 0916 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 organizatlon who is not an additional insured under Paragraphs a. through fir. above, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you, or (3) in connection with "your work' and Included within the 'products -completed operations hazard", but only d (a) The written contract or agreement requires you to provide such coverage to such additional insured, and (b) This Coverage Part provides coverage for 'bodily injury" or 'property damage' Included within the "products- completead 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 insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional Insureds, this Insurance does not apply to; "Bodily injury', "property darnaga" or "personal and advertising Injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, Including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions. reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, Inspection, architectural or engineering activities; This exclusion applies even if the claims against any insured allege negligence or othe3r wrongdoing in the supervision, hiring, employment, training of monitanng 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 car 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 Otter Insurance Condition In Section IV -- Commercial General Llabifity Conditions. No person or organization is an Insured with reaspe rt to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Famed Insured in the Declarations. SECTION III - LIMITS OF INSI?I2ANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and he rules below fix the most we will pay regardie3ss of, the number of: a. Insureds; b. Claims made or "Suits" brought; or c. Persons at organizations making claims or bringing "suits' 2. General Aggregate Limit The General Aggregate Llniit is the most we will pay for the sum of. a, Medical expenses under Coverage C; Igo Damages under Coverage A, except damages because of "bodily injury" or .property damage" Included in the "products - completed operations hazard"; and c. Damages Bander Coverage B. 3, Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Llmil is the most we Wil pay under Coverage A for damages because of "bodily injury" and "properly damage' included in the "products - completed operations hazard 4.. Personal And Advertising Injury Limit Subject to 2. above?, the Personal and Advertising Injury Limit Is the most we will pay under Coverage B for the sum of all damages because of all "personal annd advertising injury" sustained by any one person or organization. S. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit Is the most we YAll pay for the sum of: a. Darn ages under Coverage A; and Pager 14 of 21 HO 00 01 0916 6 Z 10 S it abed ua-n!im a ui peeifae aAe4 na ye4i ivalxe a4l of lldde you soup uol.sihoid s141 'JanaMOH fquwapull pue osuelap Jol Jaunsui uaylo a4t of ,pns. Jo wiela 4ons iluugns lsnw painsui leu0illppe bans 'painsul leuomlpppe ue of 0iqafieAe sauainsul tstgo !q pajanoo eg 0sle hew ;a4l lied e6eJen0o si41 uopun ,1Ins„ jo wield a JGA00 OM 11 eoueJrvsul jegio speinsul leuoyjjppV 'e luesuoa Jno lno4lIM "pie lsig Jol ue41 Jaello °asuedxa Aue Jniuf jo 'uoilebilgo Aue awnsse 'luotuAed a a,lew FljJelunlon '1900 umo spiaJnsui ^1 le ldaaxe 'ipm peJnsur ON ;sod UM0 spoingul atil lV suoljg8llg0 `p ,Aldde osle Aew aouwsui sr4l 4:)!qm 0l e6ewep JQ Anfui 10 asneoaq parnsui a4l of aige!l aq Retu 4olLM uoilazlueWo Jo uosJod Aue lsulebe jgSp due to luawaoJalua aq; ui `isanbeJ Jno uodn sn 1"sV (e) pue'.1ins. ay1 lsuie6e esualap JCJ wiela atf1 l4 luawomes to uopla lsaAul a41 ul sn 4llm eleJacloo0 (£) °uckileuJJalui Jaglo pue spJooaJ ufelgo of sn azlJotllny (Z) :j1ns. jo w!efa e41 iq!m U0113DUUW uy panieaaJ wailed leBel uo sesuewwns 'seoiiou 'spuewep Aue to saidoo sn pues Alaleppa€swl (4 lsnw paJ.nsp paAI0Aul laglo Aue pue noA painsul e41 10 uage-iod000 pud eoueislssd o °algreoilaeJd se uoos se,lins JQ wie1p a41 to aagou U0141JM ahlOsaJ am lei 11 01aes lsnw painsul leuoipppe Aue xo nc3A 'al4a3lloeJd se ucos se en llal+t W PUB :paniaCW 01eP e111 PUB .1lns,10 wiela a41 to sogpads Gill pimai Ajeleipeusuil (4) :isnw paJnsui leuoilippe Rue J0 ncA 'peinsui Aue lsupebe 146noA si ,iins. to apew si wieio a 11 w1913 40 "ION `Q .esuaijo Jo „aauejlnmo, a4i jo lnp 6wspue a6ewep Jo Ainfui Aue l0 uogeool pue ainleu a41 (r) pue .sassaulpm, pue suosJad POMP! roue 10 seSseJppe pue saweu 04i (Z) ''eoeid aoal asuap0 uo �aouaiinonc. a41 aJegm pue uagm *DH (1) :8013ui pino4s 0311OU `elglssod luaixe aril of '4uielo a ui iinsaa Aew pqm as:uago ue Jo aouann000. ue 10 algeailoeid Se u00s se pap" sue am 1a41 li of aaslsnw peunsui leuoilippe Rue Jo rok 9 L 60 t 0 00 SH ifns jo wiclo `asueW 'eoua.unaoo 10 luanS a4JL ui saf;rta -Z 'Oed a51?Jah00 's141 uapun Su0ile6ilg0 Jno to sn anailaJ 1ou 111m rielse s,paJnsui a4l to .60 painsui gill la Aatuhlosui Jo Aoldnu�ueii Aa,dnj4ueS I. SN011JIGN03 AJJ,IHV11 1VH3N3S IVIOa3WIM03 — A) NOLL03S vouain sul 10 $11w1-1 a41 BujulLwEqap 10 sasodind Jol popad 6uipeaeud lsel e41 10 lied poweep aq pm polled leuogippe a41 'area IMP III 's41uouJ Z L uegi ssal 10 paiJad leuoglppe ue Jol aouenssi Jelle papuaixe sl popad Aallod OLD sselun •suaileaeloaa a41 ui umogs popad .kallod o41 to 6uluui6a4 a41 411m 6u1pels 's4luow ZL ue41 ssal 10 popad 6uluiuwsJ Aue of pue poped fenuue anilnoasuoo goea 01 Alalejedas llldde lied 88eJah43C) siyl 10 aaueJnsul 1'o spwi1 a41 'uoploaS si4l ui pegp3sap pue suogeJepalg 041 ui uMo49 aoueJnsul to s1!w l of uorlippe ul lou pue l0 ped a eq ilegs iunowe 4onS .suo!jejepQc) e4i ul umoo aoueJnsui to sl!wil aLl.L -q A 'lu®weaZE uel !JM )01oeJluOO ualilJnr, otil ui pegloeds aoueJnsui la sliuJll 041 `a :)O ssal aLn sl pearasug lauoliippe flans jo lle4e4 uo ,fled 111m, am lsaw a41 `kilod JnoA uo painsul leuogippe ue se pappe aq uojjiue6Jo is uosiad Je4loue le4i luawaaJ6e ualiiJA% J0 IMIUaa ueilPM a ui pe0J6e ahe4 noA 11 spainsul Ieu®11.1PRV of AIddV siiwll mOH .8 'udsiad aue Aue Aq psulelsns ,ISJn(ui 4j!poqw to asneoaq sasuadxa leolp to lie jol 0 Aaiahao Japun Aed ll�m am ;sous a41 sa Iiwil esuedx3 leop)VI e#1'aAoge .S 0l laargnS ljwn asuadx3 laalpelN 't °asai,4 la uogeuiqwcr Aue uo tJolsoldxe JO 15u1u14fii1 `eig woJl sllnsai edewep terns Ja4104M 'luena awes 041 Aq PasneO Alalewixoid s6ewep lie of sapdde liwi°l no k 0-1 PSIU9 { s6sluueud 01 e6eWeCl 841 'LIGIsaldxe Jo 6'upui46if 'aJq �q a6ewup to esea e4i ul °JauMv e41 to uolssiuued 411m noR hq peidn000 AlpeJoduwal Jo ncA 01 paluei eligm 'uoisoldxa Jo 6uiu146i1 `aig dq aftwep 1p aseo 94) ui Jo 'nog[ of powai ali4m 'sasiwa)d auo Aue of ,Oewep Apedoid„ to ssneaaq saBewep Jai ipi 815eJ0h03 JQpun Aed 111m am isow aq) si dull no),. of MuaH sasiweJd 01 815euusq nyl °snoge 'S of .qnS vwn noA of poivagl s®slut Jd al 415"We® -g ' aoueJJna3o„ suo Cue to inc bulsue „96ewep AlRdoid,, pue jnrui Aljpoq. Ile la esneaap asua,l}0 JQ aauaJJnaaQ l}i:} aaRoly `e 3 afieJerwZ> Japan sasuadxa leoipalN `q contract or written agreement that this insurance is IoHmary and nun -contributory With the additional insured's own insurance, If. 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. (I) 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 ufficee, or insurance manager, if you or the additional insured is a corporation: (5) Any trustee, I you of the additional insured is a trust< or (6) Any elected or appointed official, it 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 sue us on this Coverage Part unless all of Its terms have been fully complied with, A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured*, but we will not be liable for damages that are not payable under the terms of this Coverage Part Or that are in excess of the applicable limit of iinsorance. An agreed setflement means a settlement and release of liability signed by us, the insured and the claimant or the clairnant's legal representauve, 4. Other insurance If other valid and collectible insurance is availatMe to the Insured for a Ws we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows-, a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share Wilh all that other insurance by the method described In c. below, b. Excess Insurance This insurance is excess over any of the other insurance, whether p1mary, excess, contingent or on any other basis, (1) YourWork That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for 'your work"', (2) Premises Rented To You That I,; fire, lightning or explosion Insurance for premises rented to you or temporarily occupied by you with permission of the own or-, (3) Tenant Liability That Is insurance purchased by you to cover your liability as a tenant for property damage" to premises rented to you or temporarily occupied by you With perm issfon 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 Liabillly; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of 'property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion 1. of Section I - Coverage A - Bodily Injury And Property Damage Liability, (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional Insured by that Insurance: or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provislons apply to other Insurance available to any person or organization who is an additional insured under this coverage part, (a) Primary Insurance When Required By Contract This insurance is primary If you have agreed in a written contract or written agreement that this insurance be primary. If other Insurance is also Page 16 of 21 HG 00 0109 16 primary, we will share with all that other Insurance by the method descrIbed in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed In a written contract, written agreement. or permit that this insurance is primary and non- contributory with the additional Insured's own Insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional Insured has been added as an additional insured. When this insurance Is excess, we will have no duty under Coverages A or B to defend the insured against any 'suit" if any other insurer has a duty to defend the insured against that 'sulf. If no other insurer defends, we will undertake to duo 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 only our share of the amount of the lass, If any, that exceeds the sutra of: (1) The total amount that 0 such other insurance would pay for the loss in the absence of this Insurance, and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Um€bs or Insurance shown In the Declarations of this Coverago Part.. c, Methods Of Sharing If all of the other insurance permits contributon by equal shares, we will follow this mettiod also, Under this approach each insurer contributes equal amounts until It has paid its applicable limit of insurance or none of the loss remains, whichever carries first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits, under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers, 6. 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 preMlurn 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 duo date on the gill. If the sumo of the advance and audit premiums pad for the policy period is greater than the earned premium, we will return the excess to the first Named insured. c. The first Named 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 representations you made to us„ and (3) We have issued this policy in reliance upon your representations. b, Unintentional Fallure 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 decay 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 Part to the first Named Insured, this Insurance .applies: a. As If each tarred Insured were the only Named Insured: and b. Separately to each insured against whom claim is made or `suit" is brought. S. Transfer Of Rights Of Recovery Against Others To Us a, Transfer Of Rights Of Recovery It the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to Lis. The insured gust do nothing after loss to HG 00 01 0916 Page 17 of 21 impair €hem. At our request, the Insured will bring "suit" or transfer those rights to us and help us enforce them, b. Waiver Of Rights Of Recovery (Waiver of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such parson 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 net less than 30 days before the expiration date.. If notice Is malled, proof of mailing will be sufficient proof of notk e, SECTION V — DEFII"11'1"IQNS 1, "Advertisement" means the widespread ptiblic dtssernhation of information or images that has the purpose of Inducing the sale of goads, products or services through, a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine: (5) Newspaper„ or b. Any other publication that is given widespread public distribution. However. "advertisement" does not include: a. The design, printed material, irtformatron or imagges contained in, on or upon the packaging or labeling of any grads car products, or tat An interactive eonversai4on (ween cr among persons through a computer network: 2. "Advertising idea" means any Idea for an "advert isement". 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 sub that to a compulsory or financial responsibfI y law or other motor vehicle Insurance law where it Is licensed or prin6pally garaged. However, 'auto' does rrot include "mobile equipment". a. "Bodily injury" means physical a. injury; b, Sickness; or C. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time, 6. "Coverage territory. means; a. The United States of America ,'including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the lnJury or damage occurs in the course of travel or transportation between any places included in a. alcove; 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 acttvities 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 fake place through the Internet or similar electronic means of communication fxovided the Insured's responsibility to pay damages is determined in the United States of America (including !Ls territories and possessions), Puerto Rico of Canada, In a "suit" on the merits according to the substantive taw in such territory or in a settlement we agree to. 7. "Employee" includes a "leased worker. "Employee" does not include a "temporary worker", . "Employment-Retated Practices" means. a. Refusal to employ that person; b, Termination of that persons employment; or c. Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation. harassment, humiliation, discriminatiori 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, 10. "I3ostile fire" means one which becomes uncontrallable or breaks out from where it was intended to be, Page 118 of 21 HG 00 0109 16 11."Impaired property" means tangible property, other than "your product" or 'your work", that cannot be used or Is less useful because, a. It incorporates ' your product* or 'your work" that is known or thought to be defective, deficient, inadequate or dangerous: or b. You have failed to fulfil the terms of a contract or agreement-, if such property can be restored to use by the repair, replacement, adjustment or removal of .your product" or "your work", or your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or lemporanly occupied by you with permission of the owner is subject to the Marriage to Premises Rented To You Limit described in Section III — Limits of Insurance-, b, A sidetrack agreement: c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad, d. An obilgation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; 9. An elevator maintenance agreement, C That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a munitripality) -under which you assume the tort liability of another party to pay for "bodily injury" or 'property damage" to a third person or organization, provided the -bodily injury' or "property damage' Is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would ba imposed by law in the absence of any contract or agreement. Paragraph f. Includes that part of any contract or agreement fti IndamnMas a railroad for "bodily injury* or 'property damage arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any rafted bridge or trestle, tracks. road -beds, tunnel, underpass or crossing, However. Paragraph L does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for Injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or falling to give them, If that Is the primary cause of the Injury or damage; or (2) Under which the insured, K an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the Insured's rendering or failure, to render professional services, Including those listed In (1) above and supervisory, inspection, architectural or engineering activities, 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker does not include a 'temporary worker'. 14."Loading or unloading" means the handling of propally, After it is moved from the place where It is accepted for movement into or onto an aircraft, watercraft or "auto": b. While it Is In or on an aircraft, watercraft or M aulok, Or c. While it Is being moved from an aircraft, watercraft or 'auto* to the place where It is finally delivered; but 'loading of unloading' does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15."Mobile equipment" means any of the following types of land vehicles, Including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public Mads; b. Vehicles maintained for use solely on or next to promises you own or rent, c. Vehicles that travel on crawler treads, d. Vehicles, whether self-propelled or not, maintained primarily to provide mobiiity to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills: or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers: e. Vehicles not described In a., b., c. or d. above that are not. self-propelled and are maintained MG 00 010916 Page '190211 primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophys4cal exploration, lighting and well servicing equipment', or (2) Cherry pickers and similar devices used to raise or lower workers,, f. Vehicles not described in a., b�, c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, sell -propelled vehicles with the following types of 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 compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 117."Personat and advertising Injury" means injury, including consequential "bodily Injury", arising out of one or more of The following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution: c. The wrongful eviction from, wrongful entry into. or Invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of Its owner, landlord or lessor. d. Oral, written or elecironic, publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods. products of services; e. Oral, written or electronic publication, In any manner, of material that violates a person's 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". 1B."Follutants" 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 recycled, rawnditioned or reclaimed. 119."Products-completed operations hazard": Includes all *bodily Injury' and "property damage' occurring away from premises you own or rent and arising out of 'your product„ or "your work" except: (1) Products that are a -fill In your physical possess !on', or (2) Work that has not yet been completed or abandoned, However, 'your work" will be deemed completed at the earliest of the following limes: (a) WI-ven 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 more than one job site. (c) When that part cif 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, corroction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include 'bodily injury' or "property damage"adsjng 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, listed in the Declarations or In a policy Schedule, states that products - Page 20 of 21 HG 00 0109 46 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 truss 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 electronically stored data, programs or software are not tangible property. Electronic data means information, facts or programs. a. Stoned as or on, b. Created or used on: or c. Transmitted to or from, computer software, including systems and applications software, hard or floppy disks. CD- RQMS, tapes, drives, calls, data processing devices or any other media which are used witty electronically controlled equipment. 21."Suit' means a evil proceeding in which damages because of 'bodily injury'. "property darnagW 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 must submit or does submit with our consent: or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our conseriL 22."Ternporary worker" deans a person who is furnished to you to substitute for a permanent 'employee' on leave or to meet seasonal cw short-term workload ctanditions, 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 trod paid a fee, salary or other compensation by you or anyone else for their worts performed for you.. 24. "Your product`. a. Means- (1) Any goods or products. other than real property, manufactured; sold. handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired, and (2) Containers (other than vehicles), materials, parts or equipment furnished In connection with such ,goods or products. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability. performance or use of -your product"; and (2) Th+e providing of or failures to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold, 25. "Your work". a, Means; (1) Work or operations performed by you or can your behalf; and (2) MalerWs, parts or equipment furnished In connection vAth such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fRness, quality" durability, performance or use of .your work", and (2) The providing of or failure to provide warnings or instructions,. HG 00 01 0916 Rage 21 of 21 POLICY. 52UENOL5663 AI.P'NC,WOS COMMERCIAL AUTOMOBILE NA99 160312 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 Coverage Forms the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to Include: 11) 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 "inured" 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 "Inured" under any other policy, (c) That has exhausted Its Limit of Insurance under any other policy, or (d) 150 days or more attar its acquisifion or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "Bodily injuryA or "property dEimage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECT10N 11 - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don"t own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1 _ - WHO IS AN INSURED - of Section 11 - Liability Coverage Is amended to arid; e. The lessor of a covered "auto" while the .'auto" is leased to you under a written .agreement H: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "aides" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section 11 -- Liability Coverage Is amended to add: 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 "insuredm, but only to the extant such persons or organization is liable for "bodily Injury"' or "property damage" caused by the wriductt 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." 9) 2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc„ with itS permission.) Page 1 of 5 The Insurance afforded to any such E. Primary and Non -Contributory If additional insured applies only if the RequIred byContracf bodily injury" or "property damage" Only Wth respect to Insurance provided to occurs: an additional Insured in 1.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such fallowing provisions apply: written contract, and (3) Primacy 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 0 you have agreed to a written contract primary, we will share with all that other or written agreement that another Insurance by the method descrdbed in person or organization be added as an Other Insurance 5,d. additional Insured on your policy, the (4) Primary And Non -Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of; If you have agreed in a written contract (a) The limits of insurance specifier) in or written agreement that this Insurance the written contract or written is primary and non-contributory with the agreement; or additional Insureds own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not the Declarations seek contribution from that other -Insurance, Such amount shalt 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 ❑eclaratinns and described In this has been added as an additional insured. Section. (3) Additional Insureds Other Insurance When When this insurance is excess, we will have no to defend the insured against any suit" if If we cover a claim or "suit" under this any other Insurer has a duty to defend the Coverage fart that may also be covered insured against that suit'. It no other Insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or 'suit' those ether Insurers. to the other insurer for defense and indemnity. When this insurance is excess over other Insurance, we will pay only our share of the However, this provision does not apply amount of the loss, it any, that exceeds the sum to the extant that you have agreed in a ,of; written contract or written agreement (1) The total amount that all such other that this Insurance is primary and non- insurance would pay for the loss In the contributory with the addltionat Insured's absence of this insuran t e; and awn Insurance. ( #) Duties in Th© Event Of Accident, Claim, (2) The total of all deductible and sell -Insured Suitor Loss amounts under all that other insurance, If you have agreed In a written contract 'fie will share the remaining loss, it any, by the or written agreement that another method described in Other insurance 5.d. person or orgariLzatlon be edited as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional Insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition Is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the fallowing: OR LOSS - OF SECTION IV - BUSINESS AUTO CONDITIONS, in the same rnanner as the Named I nsured- 2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 2 of 5 It an "employee's" personal insurance also S. applies on an excess basis to a covered "auto" hired or rented by your "employeem on your behalf and at your direction, this insurance will be primary to the "employee'e 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 covering aft of your llemployeW. Coverage is excess over any other Collectible insurance, 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE It hired "autos' are oDvered "autos" for Liability Coverage and it Comprehensive, Specified Causes of Loss, or CoIllsion coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos"' you him or borrow, subject to the following limit. The most we will pay for "loss' to any hired .auto" is.: The actual cash value of the damaged or stolen property at the time of the "foss". or (3) The most of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible, The dad uctible will be equal to the largest deductible applicable to any -owned 'auto" for that coverage, No deductible applies to "loss" caused by tire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess pravisions, 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" it it results from an "accident". you are legally liable and the lessor incurs an actual Financial loss, subject to a maximum of SIDOO per accident". This extension of coverage does not apply to any "auto" you hire or boffow from any of your "employees", partners fit you are a partnership), members (it you are a limited ilabilRy company), or members of their households, PHYSICAL DAMAGE - ADDMONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph X4,a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of S50 per day and a maximum limit of $I ,000. 6. LOANILEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, In the event of a total %)ss!" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loarillease. "Outstanding balance" mans the amount you owe on the loanflease at the time of 'lose less any amounts representing taxes; overdue payments: penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charge$; lease termination fees; security deposits not returned by the lessor; costs for Wended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease, and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B, EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mectianloal breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EOUIPMENT - BROADENED COVERAGE a. The exceptions 10 Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 44 do not appty to equipment designed to be operated solely by use al the power from the "auto'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"; (31) 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 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for ft normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b-Section III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Goverage, Limft of Insurance, 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.- $1,500 is the most we wilt 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's, is: (1) Permanently installed In or upon the covered "autd' in a housing, opening or other location that Is not normally used by the "auto' manufacturer for the installation of such aquIpment" (2) Removable from a permanently installed housing unit as described in Paragraph 2.a, above or is an 1 nteg ral part of that oquipmen14 or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to e[Wronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen elactTonic equipment will be reduced by the applicable deductible shown in the Declarations. or S250whichever 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 "auW to you, 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTISLE - 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 Flowing Is added - It another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies, (1) If The deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, I will be waived; (2) It the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM. SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident' is known to, (I ) 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, It you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS It you unintentionally fail to disclose any hazards existing at the Inception data of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO -COVERAGE TERRITORY Paragraph e, of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired 'autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured'e responsibility to pay damages for "bodgy injury"or "property damago" is determined In a `suh," the "suit" Is brought in the United Slates of America, the territories and possessions of the United Slates of America. Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the fallowing: �0 2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties. Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have agalnst any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages Linder this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury' in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, slckness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deriver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC. OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto far which Comprehensive, Specified Causes of Loss. or Coll[slon coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: aA[ 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 must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless 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 $I OM. For the purposes of the coverage provision, a.A 'non -hybrid" auto is defined as an auto that uses only an internal combustion engine ne 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 combusoon engine and one or more electric motors; and that uses the Internal combustion engine and one or more electric motors tin movie the auto, or the internal combustion engine to charge one or more electric motors, which move the auto, 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto' for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under Ws Coverage Form. then such Physlcal Damage Coverages are amended to add the following,, In addition to the actual cash value of the 'auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on The covered "auto' at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehkle Wrap Coverage provision for any one nlose 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, V 2011, The Hartford JIncludes copyrighted material Form KA 99 16 0312 of ISO Properties, Inc,, with its permission) Page 5 of 5 WO& THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS' COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS Policy Nurnber. 52WEGL.6HOD Endorsement Number Effective Date: 000t2021 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 INA WRITTEN AGREEMENT OR CONTRACT. Secdon I of this endorsement expands coverage provided under WC 00 00 00. Section 11 of this endorsement provides additional coverage usuallyonly provided by endorsement, Section III of this endorsement is a Schedule of Covered States - You may use the index to locate these coverage features quickly-, jup-1 SUBJECT PAGE SUBJECT hAGE SECTION 1 2 13, fart One Does Not Apply 3 PARTS ONE and TWO 2 C. Application af Coverage 3 01 We Will Also Pay 2 D. Additional Exdusions 3 PART -THREE 2 E, West Virginia 3 02 How This Insurance Works 2 EXTENDED OPTIONS 4 PART - SIX 2 01 Employers' Liability Insurance 4 03 Transfer of Your Rights and Duties 2 02 Unintentional Failure to Disclose 4 04 Cancellation 2 Hazards 05 Liberalization 2 03 Waiver of Our Right to Recover fro m, 4 SECTION 11 2 Others VOLUNTARY COMPENSATION 2 D4 Foreign Voluntary Compensation 4 INSURANCE A, How This Reimbursement Applies 4 06 Voluntary Compensation Insurance 2 B, We W IIIII Reimburse 4 A. How This Insi) rance Applies 2 C. Exclusions 4 S. We W III Pay 3 D. Before We Pay 5 C. Exciusions 3 E. Recovery From Others 5 0, Before We Pay 3 F. Reimbursement For Actual Loss 5 Ea Recovery From Others 3 Sustained F. Employers' Liability Insurance 3 G. Repatriation 5 EMPLOYERS' LIABILITY STOP GAP 3 H. Endemic Disease 5 ENDORSEMENT 05 Longshore and Harbor Workers' 5 07 Employers'.LfabifitySlop Gap 3 Compensation Act Coverage Coverage Endorsement A, Stop Gap Coverage Limited to 3 SECTION 111 6 Montana, North Dakota. Ohio. 01 Schedule of Covered States 6 Washington, Wast Virginia and Wyoming Form WC 99 03 01 8 Printed in U.&A. {Ed. 8MO) Page 1 of 6 @ 2000. The Hartford SECTION I PARTS ONE and TWO 1. WE WILL ALSO PAY D. we Will Also Pay of Part One (WORKERS' COMPENSATION INSURANCE), and I", We will Also Pay of Pert 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, i . reasc nabl+e expenses incurred at our request. INCLUDING loss of earnings, 2, premiums for bonds to release attachments and for appeal bonds in band amounts up to the limit of our liability under this insurance, 3. litigation casts taxed against you; 4. interest on a judgment as required by law unfit we offer the amount due under this Isw, 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 worm on the effective mate 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 notlfied within sixty Clays. 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 duCes under this policy may not be transferrer without our written consent. If you the and we receive notice within sixty days after your death, we will cover your legal representative as Ensured. 4. Cancellation Paragraph 2. of D. Cancellation of Part 6 (Conditions) is replaced by the following; 2. We may cancet this policy. We mast mail or deliver to you not less than 15 days advance written notice stating when the cancellation is to take effect, Mailing that notice to you at your mailing address shown in Item 1 of the information Page will be sufficient to prove notice. 5. 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_ I, The bodily injury must be sustained by any officer or employee not subject to the workers' compensation law of any stale shown In Item 3.A. of the Information Page, If we adopt a change in this form that would broaden the coverage of this farm 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 works in a state shown in Item 3A, of the Information Page, 3. The bodily injury must occur in the United States of America, its territories or possesabns, or Canaria, 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 99 03 018 Printed in U.S.A. (Ed. f11100) Page 2 of 6 4, Bodily injury by accident must occur d uflng the policy period. 5. Bodily injury by disease must be caused or aggravated by the conditions of the officer's or employee's employment The officers or employee's last day of last exposure to the condillons causing or aggravating such bodily injury by disease must occur during the policy period. B. We Will Pay We will pay an amount equal to the benefits that would be required of you as if you and your employees were subject to the workers' compensation law of any state shown In Item 1A. of the Information Page. We will pay those amounts In the persons who would be entitled to them under the law. C. Exclusion This insurance does riot cover: 1. any obligation imposed by workers' compensation or occupallonal disease law or any similar law, 2. bodily injury intentionally caused or aggravated by you. 3. officers or employees who have elected not to be su4jact to the state workers' compensation law. 4. partners or sole proprietors not covered under the Standard Sole Proprietors, Partners, Officers and Others Coverage Endorsement. 0, Before We Pay Before we pay benefits to the persons entitled to them, they must., 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 ft injury or death. 3. Cooperate With us and do everything necessary to enable us to enforce the right to recover from others. 11 the persons entitled to the benefits of this insurance fail to do those things, our duty to pay ends at once. If they claim damages from you or from us for the injury or death, our duty to pay ends at once. E. Recovery From Others It we make a recovery from others, we Will keep an amount equal to our expenses of recovery and the benefits we paid. We will pay the balance to the persons entitled to it. It the persons entitled to [he benefits of this insurance mak a a recovery from others, they must reimburse us for the benefits we paid them; F. Employers' Liability Insurance Part. Two JEmployers' Liability Insurance) applies to bo-dity injury covered by this endorsement as though the State of Employment was shown in Item 3.A. of the Information Page. This provision 6. does not apply in, New Jersey or Wisconsin. EMPLOYERS' LIABILITY STOP GAP COVERAGE 7. Employers' UabI114 Stop Gap Coverage A. This coverage only applies in Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming, B. Part One (Workers' Compensation Insurance) does not apply to work in states shown In Paragraph A above. C. Part Two (Employers' Liability Insurance) applies in the states, shown In Paragraph A,. as though they were shown in Item 3.A. of the Information Page, D. Pal Two, Section C. Exclusions Is changed by adding these exclusions. This insurance does not cover-, 6- bodily Injury Intentionally caused or aggravated by you or in Ohio bodily injury resulting from an act which Is determined by an Ohio court of law to have been committed by you with the belief than an injury is substantially certain to occur. However, the cost of defending such claims or suits in Ohio is covered. 13- bodily injury sustained by any member of the flying crew of any aircraft, 14, any claim for bodily injury with respect to which you are deprived of any defense or defenses or are otherwise subject to penalty because of default In premium under the provWons of the workers' compensation law or laws of a state shown in Paragraph A. E. This insurance applies to damages for which you are liable under West Virginia Code Annot S 23-4-2. Form WC 99 03 018 Printed in U.S.A. (Ed. 8100) Page 3 of 6 EXTENDED OPTIONS 1. Employers' Liability Insurance Item 3.8. 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 Item 3.A. The Limits of Liability under Bari Two are the higher of Bodily injury by Accident $50,000 Each Accident Bodily Injury by Disease $500,000 Policy Limit Bodily Injury by Disease: $500,000 Each Empio ►wee OR 2. The amount shown in the Information Page. This provision 1 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 pollicy, we shall not deny coverage under this policy because of such failure. 3. Waiver of Our might To Recover From Others A, We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our 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 agreement. Ba This provision 3, does not apply In the states of Pennsylvania and Utah, 4. Foreign Voluntary Compensation and Employers' Liability Reimbursement X How Thls Relmbursoment Applies This reimbursement provision applies to bodily Injury by accident or bodily injury by disease. Bodily injury Includes resulting death, 1. The bodily injury roust 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.I. of this provision, 3. Bodily injury by accident must occur during the policy peri od. 4. Bodily injury by disease must be caused or aggravated by the conditions of your employment, The officer car employee's last exposure to those conditions of your employment dust occur during the policy period, S. V1ia Will Reimburse We will reimburse you for all amounts paid by you whether such amounts are: 1. voluntary payments for the benefits that would be required of you if you and your officers or empiIoyees were subject to any workers' compensation law of the state of hire of the individual empbyee. 2. sums to which fart Two (Employers' Liability Insurance) would apply if the Country of Employment were shown in Item 3A of the Information 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 obligatbri imposed by a workers' compensation or oc;cupational disease law, or similar law. 3. bodily injury intentionally caused or aggravated by you, Form WC 99 03 01 8 Printed in U.S.A. (Ed. 8100) Page 4 of 6 4. liability for any consequence, whether direct or Indirect, of war, invasion, act of Foreign enemy, hostilities (whether war be declared of not), civil war. rebellion, revolution, Insurrection of 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 m release you and us, In writing, of all responsl Wily 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 to 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 duly 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 Me 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 out consent for the payment of the loss or expense. G. Repatirlation Our reimbursement 'Includes the additional expenses of repablation to the United States of America necessarily incurred as a direct result of bodfly 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, of 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 3.8. 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. S. Longshore and Harbor Workers' Compensation Act Coverage General Section C. Workers' Compensation Law is replaced by the following: C. Workers" Compensation Low 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 noriocGupational disability benefits, Part Two (Employers' Liability Insurance), C- Exclusions, exclusion 8, 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 Art, or the Nonappropriated Fund Instrumentalities Act_ FarmWC 99 03 018 Printed in U.S.A. (Ed. &00) Page 5 of a SECTION III 1, SCHEDULE OF COVERED STATES A. This endorsement only applies In the states listed In this Schedule of Covered States, G. Schedule of Covered States: Coutatersigned by S, If a state, shown In Item 3,A, of the InformaUon Page. approves this endorsement after the effective date of this policy; this, endorsement mill apply to this policy. The coverage will apply In the new state on the effective data of the state approval. Authorized Representative Form WC 9903 016 Printed in U.S A, (Ed, 8100) Page 6 of POLICY NUMBER, 5211UNOL$662 THIS ENDORSEMENT CHANGES THE. POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED CERTIFICATE HOLDER SCHEDULE - Number of bays Notice; Name of Certificate Holder: Part A., 30 ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN AWRITTEH CONTRACT, Part 8; 10 flailing Address. $0 THE ADDRESS FOR THAT PERSON OR ORGANIZATION Part C' INCLUDED IN SUCH WRITTEN CONTRACT. This policy is subject to the following additional Conditions when a number of days are shown in the Schedule for any of the above Paris. A. If this policy is cancelled by the Company, rather 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 date, as shown In Part A. B. If this policy is cancelled by the, Company for nonpayment of premium, notice of such cancellation will �e provided to the certificate holder in the Schedule within the number of days notice of the cancellation effective date, as shown in Fart S. C. It 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 days notice of the cancellation effective date, as spawn in Part C. It notice is mailed„ proof of mailing notice to the certificate hoider's mailing address as shown in the Schedule will be sufficient proof of notice. If the number of hays notice in the schedule for any Pan 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 rarely 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 braider(s) wit] not amend or extend the date the cancellation becomes effective, near wiil it negate cancellation of the policy, Failure to send notice shall impose nc liability of any kind upon the Company or its agents or representatives. Form IH 03 15 06 11 Page 1 of 1 cal 2011, The Hartford POLICY NUMBER: 52UENOLS663 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED CERTIFICATE HOLDER SCHEDULE Number of [lays Notice, - Part A: 30 Part 13: 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. 1f Ibis 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 date. as shown In Part A. B. 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 withlrt the number of clays notice of the cancellation effective date. as shown in Part 8, C. i1 this policy is cancelled by the insured, notice of such cancellation will be provided to the certificate holder in the Schedule, wdhin the number of days notice of the cancellation effective date, as shown in Part C. Name of Certificate Holder: ANY PERSON OR ORGAF1IATION 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 marling notice to the Certificate holder's mailing address as shown in the Schedule +gill 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 is the Scheduled ce4lificate holder under that Part. Any notification rights provided by this endorsement apply only to active certificate holder(s) +,rho 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 mind upon the Company or its agents or representativas. Form Ili 03 15 06 11 page 1 of 1 (9) 2011, The Hartford THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ? IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number: 52WEOL6H80 Endorsement Number: - EHecth+e Date: 0613012021 Effective hour is the same as slated can the information Page of the policy, Named Insured and Address; ANY PERSON OR ORGANIZATION TO MGM YOU HAVE AGREED IN A WRITTEN AGREEMENTOR CONTRACT, This poky is subject to the following additional Conditions: 13 L'! It this policy is cancelled by the Company, outer than for non-payment of premium, notice of such canceilation will to provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with 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 certificate holder(B) with mailing addresses on file with the agent of record or the Company - Form WC 99 03 94 Printed in U.S.A. Proceas Date. OW3012021 0 notice is mailed, proof of mailing to the last known mailing address of the certificate holders) 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 tent. 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 Harttard Policy Expiration Date: 0613W2022 POLICYNUMBER. 52 UUN OL5662 A , .:, THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. PER LOCATION AND PER PROTECT - 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 S See Declarations Page Personal and Advertising Injury Limit See Declarations Page Damage to Premises Rented to You — Any One Premises See DWarations Page Medical Expense Limit - Any One Person $ See Declarations Page General Aggregate Limit $ Location General Aggregate Limit S Project General Aggregate Limit $ Maximum Annual Aggregate Urnit $ Producls-Completed Operations Aggregate Limit S See Declarabons 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 modified herein, we agree with you as follows: A. Time LIMITS OF INSURANCE (SECTION III) Is (1) Any one or more Locatiorm General deleted in its entirely and replaced with the Aggregate Umit(s); as described in following: paragraph 4. below; or 1. The Most We Will Pay (2) Any one or more Project General The Llmu s of Insurance Shown in the above Aggregate Limp(.), as described in Schedule and the rules below fix the most we paragraph S. below_ will pay regardless of ftroa number of; 3. General Aggregate Limit a. Insureds, Subject to 2. above, the General Aggregate b. Claims made or "suits" brought, or Limit is the most we will pay for the sum of: c. Persons or organizations making claims as Damages under Coverage B Personal or bringing "suits", and Advertising injury Llablitty; and 2. Maximum Annual Aggregate b. Damages under Coverage C Medical The Maximum Annual Aggregate Limit is the Payments, and Coverage A Bodily most we will pair for the sum oaf; Injury and Property Damage Liablilty, wittm the following exceptions: a. Damages under the General Aggregate Limit; and (1) "Bodily injury" or "property damage" b. included In time "products -completed Damages under: operations hazard"; Farm HS 25 42 06 08 Page i of 3 02008. 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 omit Subject 10 2, above; a. A separate Location General Aggregate Limit applies to each single 'location', in lieu of and not in addition to, die General Aggregate. Such Location 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) "Bodily injury" or "property damage" included in the "products -completed operations hazard4; or (2) "Property darne" Included in the Damage to Premises Rented to You Coverage', or (3) "Bodily injure, "property damage", or medical expenses under Coverage C, which cannot be attributed solely to the ongoing operations at a single "location". Such darnages will erode the General Aggregate Limit as provided in paragraph 3. above. b. The Location General Aggregate Umit: (1) Applies only to "occurrenoW attributed solely to ongoing operations at a single "location'; and (2) Does riot include damages for Coverage B Personal and Advertising Injury Liability, no matter where or in how many "locations" 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 4., for damages for "bodily injury", "property damage"', or medical expenses under Coverage C, mall 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 ratter location General Aggregate Limit. S. 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 "project`, 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 Usbility. or Coverage C Medical Payments, with the following exceptions: (1) "Bodily injury" or a'propwly damage" included In the 'products -completed operations hazard"; or (2) "Property damage" included In the Damage to Premises Rented to You € o ve rage, or (3) "Bodily injury . "property damage", or medical expenses under Coverage C, which cannot be attributed solely to the tangoing operations at a single 'project". Such damages will erode the General Aggregate Limit as provided in paragraph 3. above_ b. The Project General Aggregale Limit; (1) Applies only to 'occurrences" attributed solely to ongoing operations at a single "project": and (2) Does not include damages for Coverage 8 Personal and Advertising Injury Liability, no matter where or in homy marry '•projects" 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". Stich payments shall not redvoe the General Aggregate Limit or the Products -Completed Operations Aggregate Limit nor shall they reduce any rather Project General Aggregate Limit. Form HS 25 42 06 08 Page 2 of 3 S. Products -Completed Aggregate Limit Operations 11. How Limits Apply To Additional Insureds The Products -Completed Operations Aggregate Limit 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 8 Personal and Adverlising Injury Liability for the sum of ali damages because of all Wrsonal and advertising injury" sustained by any one person or organization. a. Occurrence Urnit Subject to 3,, 4., S, or 6. above, whichever applies, the Each Occurrence Limit Is the most we will pay for damages under "bodily injury" or "property damage" arising out of any one "oocurrenc&'. 9. Damages To Premises Rented To You Limit Subject to 8. above, the Damage to Promises Rented to You Limit is the most we will pay for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning of explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by (ire, 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 Limd or any Project General Aggregate Urnit, 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 per -son. Such Medical Payments Coverage is subject to either the Location General Aggregate Limit, Project General Aggregate Limit of the General Aggregate Limit as provided in paragraphs 3., 4., or 5. above. if you have agreed In a written contract or written agreement that another person or organization bB added as an additional onal 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 contract or 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 SWicn. 12. If More Than One Limit of Insurance Appfles It more Man one limit of Insurance under this Coverage Pail and any endorsements attached thereto applies to any claim or wsuit", the most we will pay Linder this Coverage Part and such endorsements Is the single highest limit of liability of all coverages applicable to such claim or "su V- However, this paragraph 12. does not apply to the Medical Expense Limit 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 Declarationsa unless the policy penod 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, & 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 connection is interrupted only by a street, roadway, waterway or right of way of a railroad. "Project' means a jobsfte 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, or it the authorized contracting parties deviate from plans, blueprints, designs. sipacificWions or timetables, the project will still be deemed as the same project. Form HS 25 42 06 08 Page 3 of 3 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: Chad Bieren, PE 220 Fourth Avenue South Kent, WA 98032 FF TERRA INSURANCE COMPANY CERTIFICATE OF INSURANCE This certifies that the "claims made" insurance policy (described below by policy number) written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only, and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The policy of insurance listed below has been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE POLICY NUMBER 221019 LIMITS OF LIABILITY PROJECT DESCRIPTION Professional Liability EFFECTIVE DATE 01/01/21 $3,000,000 EACH CLAIM $3,000,000 ANNUAL AGGREGATE EXPIRATION DATE 12/31/21 City of Kent, Design Review of Desimone Levee Repairs - GeoEngineers No. 0410-176-03 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