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HomeMy WebLinkAboutCAG2020-351 - Amendment - #1 - GeoEngineers, Inc. - McCoy Levee Repair Design Review Services - 12/17/2021Nancy Yoshitake for Steve Lincoln Public Works 12/20/2021 12/23/2021 N/A D20098 N/A GeoEngineers, Inc.Contract Amendment McCoy Levee Repairs Extend the time of completion to December 31, 2022. Other 12/31/2022 $0 CAG2020-351 12/20/2021 AMENDMENT - 1 OF 2 AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc. CONTRACT NAME & PROJECT NUMBER: McCoy Levee ORIGINAL AGREEMENT DATE: October 30, 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 is continuing to work on levee repairs into 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 - McCoy Levee Client#: 326119 GEOENINC2 ACORDT,, CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 6/23/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS '4TIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES SOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTNAME: Please See Below: USI Insurance Services NW CL 601 Union Street, Suite 1000 (Toy.. E)<I:206 441-6300 � ,� No; 610-362-8530 Seattle, WA 98101 'L D SS. Seattle.PLCertRequest@usi.com , INSURED GeoEngineers, Inc. 17425 NE Union Hill Road, Suite 250 Redmond, WA 98052 LMIUM;N(U) AFFORDING DOVERAQE I 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., INSURER E.- GIJVtHALitS CFRTIFI(.ATF NI INIRFR• orvrc,nr., r.n,Feocc. 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. TLTL IR TYPE OF INSURANCE ADDL NR. SUS wVD X POLICY NUMBER 52UUNOL5662 POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY)_ LIMITS A Xf COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I X1 OCCUR X 36/30/2021 06/30/2022 EACH OCCURRENCE $j 000000 PAEMAIGSETO Eaocccwfence $300,000 MED EXP (Any one person) $1 O 000 PERSONAL& ADV INJURY $1 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY FI JE o F-1 LOC GENERAL AGGREGATE s2,000,000 PRODUCTS - COMP/OP AGG $ 2,000 000 $ OTHER: 4UTOMOBILE LIABILITY X ANY AUTO X X 52UENOL5663 06/30/2021 06/30/202 Cb-M INED SINGL91 IMIT 1 000 000 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED ONLY X NON -OWNED AUTOS AUTOS ONLY BODILY INJURY (Per accident) $ ?ROPEfiI'YDAMAGE Per aocidenl $ B X UMBRELLA LIAR X OCCUR X X 52XHUOL5664 -36/30/2021 EACH OCCURRENCE $2,000,DOO �j EXCESS LIAR _ CLAIMS -MADE DED I X RETENTION810,000 (Follow Form) _ - 52WEOL6H8D Includes: StopGap/MEL/USL&H �'06130/2022 AGGREGATE _$2,000 U00 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEYIN OFFICE R/k1EAk'JER EXCLUDED? a fMandatoryInNH) If yes, describe under DESCRIPTION OF OPERATIONS below N / AES X 6/30/2021 06/30/202 X PER !!OTH- E.L. EACH ACCIDENT $1 OOOOOO E.LDISEASE - EA EMPLOYEE $1,000,000 EL. DISEASE -POLICY LIMIT $1 000 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) "Please Note: The limits shown above may not represent the full limits of coverage carried by the Named Insured, but are shown as evidence that coverage is carried with the limits at least as high as is required by contract." RE: GeoEngineers Project No: 0410-172-13, Project: McCoy Levee Repairs, Kent, Washington. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement (See Attached Descriptions) City of Kent c/o Alex Murillo 220 Fourth Avenue South Kent, WA 98032 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 2 #S32441336/M32439117 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MYPZP DESCRIPTIONS (Continued from Page 1) that provides Additional Insured status to the certificate holder, only when there is a written contract irequires such status, and only with regard to work performed on behalf of the named insured. The uaneral 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, 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. The General Liability policy includes General Aggregate Limit Per Project Endorsement, when required by written contract. The Umbrella Liability policy follows form of underlying liability. General Liability Includes WA Stop Gap. SAGITTA 25.3 (2016/03) 2 of 2 #S32441336/M32439117 POLICY NUMBER: 52 UUN OL5662 ODMMERCIAL GENERAL UABIUTY CO 20 1010 01 TF#IIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies InSufappe provided trnde t the IolipMiNg, COMMERCIAL (3FKERAL t,lAplt,ITY COVERAGE PART SCHEDULE fiance of Person or orgarrizatlon; As required by written contract (if no entry appears above, informatiort required to complete this. endorsement will be spawn In the Declarations as applicable tC [his andorse- mani. ) A- SeCilon it .- Who Is An Ineured it amended to include es an In9mrad the pai%on or ongaplratitap shown in Ihv SchvdWa. but wily with respect to fiatrtldy arising Poil of your or►going opera- tions perlormod for that Inswed, ®. With respect to tba Insurance afforded to, Inose nddljronal lnvurofts the following oxctusion 4r added: 2. Exclusions Thk6 Insurahm does not apply to 'bodily Injuty` or °plop, arty damaW occurring after; (1I All work, Indutilntg melorfAdS, partO or equipment Itimishad 0 corrneCtiran vnth such, work. on the pr®jact $ether rtlan 513MIM, mslnlftnan€O Or 0- parrs) to be performed by or on bahsll of the nd- cinional Irtsurod�s) at Vie Site of trio comed qa- otations has been camploled: or (2) Thal portion 0t "your wv0f a out of which the injury or damage anson has tween put to ns intended use ey any person or mg"rallon other than an. other c ontracmw or &600ntraefor en",d in per. lorn,ing operalkx% lot a principal As a part of ilia same pholod, CG 20 1010 01 Copyi0t Insurance SeyrvIonOHlca, Inc..2= Pape 1 of 1 POLICY: 52UUNOL5662 AI.PNC,WOS,SI,0ngOps.00 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions In this policy restrict coverage, (1) The "bodily Injury' or "property damage" Is Read the entire policy carefully to determine rights, caused by an *occurrence' That takes duties and what is and is not covered. place in the 'coverage territory"; Throughout this policy the words 'you' and 'your" (2) The Wily injury" or "property damage" refer to the Named Insured shown in the occurs during the policy period: and Declarations, and any other person or organization ()Prior to the polity period, no Insured listed qualifying as a Named insured under this policy_ The under Paragraph 1. of Section 11 - Who Is words "we', "us" and 'our' refer to the stock An Insured and no "employee' authorized Insurance company member of The Hartford by you to give or receive notice of an providing this insurance, mcurrence' or claim. knew that the The word "Insured" means any person or "bodily injury' or "property darnaga" had organization qualifying as such under Section 11 - occurred, In whole or in pan, if such a Who Is An Insured, listed Insured or authorized 'employee" Other words and phrases that appear in quotation know, prior to the policy period, that the marks have special meaning. Refer to Section V - "bodily Injury' or 'property damage" Definitions. occurred, then any oonfinuation, change SECTION I -COVERAGES or resumption of such 'bodily injury" or property damage" during or after the COVERAGE A BODILY INJURY AND PROPERTY policy period will be deemed to have been DAMAGE LIABILITY known prior to the policy period, 1. Insuring Agreement c, 1$odlly injury" or *property damage" will be a. We will pay those sums that the insured deemed to have been known to have becomes legally obligated to pay as damages occurred at the earliest time when any because of "bodily injury" or "property insured listed under Paragraph 1. of Section II damage" to which this Insurance applies, We - Who Is An Insured or any 'employee" will have the tight and duty to defend the authorized by you to give or receive notice of insured against any "sulf seeking those an 'occurrence' or rciaim: damages, However, we will have no duty to (1) Reports all, or any part, of the "bodily defend the insured against any "suit" seeking injury' or "property damage to us or any damages for 'bodily injury' or 'property other insurer, damage' to which this insurance does not (2) Receives a written or verbal demand or apply. We may, at our discretion, investigate "occurrence' claim for damages because of the "bodily any and settle any claim or 'suit' injury" or "property damage'; or that may result. But: (1) The amount we will pay for damages is (3) Becomes aware by any other means that 'bodily "property limited as described in Section IN - Limits injuryor damage" has Of Insurance; and occurred or has begun to occur - (2) Our right and duty to defend ends when d. Damages because of "bodily injury" include we have used up the applicable limit of damages claimed by any person or organization for care, loss of services or insurance In the payment of judgments or death resultin9 at any time from the 'bodily settlements under Coverages A or 8 or injury", medical expenses under Coverage C. No other obligation or liability to pay sums or e. Incidental Medical Malpractice And Good Samaritan Coverager perform acts or services is covered unless explicitly provided for under Supplementary "Bodily injury' arising out of the rendering of Payments - Coverages A and B. or failure to -render the following health care b. 'This insurance applies to 'bodily Injury" and "property services by any 'errip"a' or "volunteer worker' shall be deemed to be caused by an damage only [P. "occurrence" for; HG 00 01 0916 Page I of 21 Q 2016 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. withitspermission.) (1) Professional health care services such as. (a) Medical, surgical, dental. laboratory, x. ray or nursing services or treatment, advice car instrtiction, or the related furnishing of food or beverages; (b) Any health or therapeutic service, treatment, advice or instruction; or `Co) The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or (2) Firstaid senrlces, which include., (a) Cardiopulmonary resuscitation, whether performed manually or with a defibdllallor, or (la) Services performed as a Good Samaritan. For the purpose of determining the limits of insurance, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence", However, this incidental Medical Malpractice And Good Samaritan Coverage provision applies only if you are not engaged in the business or occupation of providing any of the services described in this provision, 2. Exclusions This insurance does not apply to - a. Expected Or Intended Injury "Bodily injury" or "property damage" expected of intended from the standpoint of the insured, This exclusion does not apply to "bodily injury" or "property damage' resulting from the use of reasonable force to protect persons or properly. b, Contractual Liability "Bodily injury' or "property darnage" for which the insured is obligated to pay damages by reason of the assumption of liability In a contract or agreement. This exclusion does not apply to liability for damages, (1) That the insured would have in the absence of the contract or agreement, or (2) Assumed in a contract or agreement that is an "insured contract% provided the "bodily Injury` or `properly damageo occurs subsequent to the execution of the contract or agreement, Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than are insured are deemed to be damages because of "bodily injury' or "properly darnage", provided - (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil at alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c, Liquor Liability "Bodily injury" or "property damage" for which any Insured may be hell liable by reason ofi (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic: beverages to a person under the legal drinking age or under the Influence of alcohol; or (3) Any statute. ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages: This exclusion applies even 0 the claims against any insured allege negligence or other wrongdoing in.- (a) The supervision, hiring, employment, training or monitoring of others by that Insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the Influence of alcohol; If the "currence" which caused the "bodily Injury" or "property damage', involved that which Is described in Paragraph (1), (2) or (3) above - However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to taring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing aeDholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to. (1) An 'employee` of the insured arising out of and in the course tat. Page 2 of 21 HG 00 0109 16 Ioz jo E &Bed 91, 60 1,0 00 OH Bupwom sjojMjuo:)qrs Jo =pellUca Aue jo poinsul Aue pit4m uo uoile-jol so; sia4lo jo painsu! 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(1) o jadeosojoasealou 1uqjej5jw :oj 4ldd-- jou seop LideAundqns st4i 'GOedaes 'Imadsip *o5je Lo 43stp Pauolosi 'JQ&GmOH 'xi3extuo0qns jo rojaerjuQa so paBalle 'jenjoe aqj jo In Dulspe painsul 4tns Aq suoiI aindo guns qpm ' eflewep kpadoid, io jUnfui 411poEL uoipeuuoc ul uogeacl jo aps 'saspaid u10911110d *1 aL,p ol jo uo 146nojq ere slueplod. --Jo"uoo eqi p !wcMiejado OulLwoped aja pe4eq painsu!. uu japun painsui e41 Aq pownsse spainsul due uo 4.1jowipul jo Alpoilp AIII!qell ca Alddia tau saop uo!snl:)xa sp4.1 6uppom sioloeiluoDqns jo siopm1wo Aug jo poinsul Aue qolqpA uo wleool =Ajrfui a4l jo asne3eq saftwep jo aps IsagiLuoid Aue wojl jo IV (p) ,fed isnw oW axle auoewos AetJoi jo 'alcIlstodsai qpm sa6ewep ajei4s of wqe(lqa due of (Z) AlIoNt aq Aetu noA woLim pue'Alpede-i ja4jo Aue ui jo WaIdwo jol uoilezueWo jo uosiad AuV (11) u,e 8e aIqEnj aq dew pa-unsul o4; ja4ja4M ( I,) 10 'Painsul A Liv (1) :saildde ucisnloxa sil4i :101 Jo eAoqe (t) qdSABJECI Aq o)sem se pass000id jo jo pasodsip jo eauanbasuoo e se .99Aoidwo. jeto jo 1pGjeO.q 1pOjojS 1pajpjjeq L potjodsuint joisip jo jet4ojq 'juaied 'ppLp 'asnods aLLL (Z) awil Aue le MOM JO We 4�14M (3) jo 'ssou!snq spoinsul aLg jo jonpuco 'alsom jo juawteau; ic Bu!ssaxud OLD 01 POISIOJ salInP bu'LwOJJad W '[13SOdS]p 'GBOJOJS IBUIIPLM14 OLP jo!painsui.st4AqjtjowAojdtu3 (e) directly or Indirectly on any insured's behalf are performing operations If the operations are to test for, monitor, clean up, remove, contain, treat. detoxify of neutralize, at in any way respond to, or assess the effects of, "pollutants", (2) Any loss, cost or expense arising out of any - (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain. treat, detoxify or neutralize, or In any way respond to. or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have In the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority, g. Aircraft, Auto Or Watercraft "Bodily injury" or 'property damage' arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "aufo* or watercraft owned or operated by or rented of loaned to any Insured. Use includes operation and "loading or unloading". This exclusion applies even If the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, If the *occurrence" which caused the "bodily injury* or 'property damage, involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that bs owned or operated by or rented or loaned to any insured. This exclusion does not apply to, (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and M Not being used to carry persons for a charge; (3) Parking an 'auto" on. or an the ways next to. premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured', (4) LialAity assumed under any 'Insured contract* for the ownership, maintenance or use of aircraft or watercraft; (S) 'Bodily injury" or "property damage:" arising out of, (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" If it were not subject to a compulsory or financial responsibility law or other motor vehlcle insurance law where it is licensed or principally garaged. or (b) The operation of any of the machinery or equipment listed In Paragraph f.(2) or E(3) of the definition of "mobile equipment",, or (6) An aircraft that is not owned by any instred and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other Insurance for such "bodily injury" or 'property damage', whether the other Insurance is primary, excess, contingent or on any other basis, h. Mobile Equipment "Bodily injury* or 'property damage" arising out of. (1) The transportation of *mobile equipment' by an *auto" owned or operated by or rented or loaned to any Insured: or (2) The use of "mobile equipment' in, or wh Ile in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity, 1. War "Bodily injury" or "property damage', however caused, arising, directly or indirectly, out of; (1) War, Including undeclared or civil war, (2) Warlike action by a military force, Including action in hindering or defending against an actual or exported attack, by any government, sovereign or other authority using military personnel or other agents-, or (3) Insurrection, rebellion, revolution, usurped power. or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property 'Property damage!" to, Rage 4 of 21 HG 00 01 0916 (1) Property you own, rent, or occupy. including any costs or expenses Incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage' arises out of any part of those premises (3) Property loaned to you; (4) Personal property in ft 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, if the "property damage" arises out of those operations-. or (6) That particular part of any property that must be restored, repaired or replaced because your work" was incorrectly performed an it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage* (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance, Paragraph (2) of this exclusion does not apply if the premises are 'your work" and were never occupied, rented or held for rental by YOUL Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement, Paragraphs (3) and (4) of this exclusion do not apply to -property damage' to borrowed equipment while not being used to perlorm, operations at the job site. Paragraph (6) of this exclusion does not apply to 'properly damage" Included in the "products -completed operations hazard". k. Damage To Your Product '"Property damage to "your product* arising out of it or any part of it, 1. Damage To Your Work "Property damage" 10 "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 an your behalf by a subcontractor, m. Damage To Impaired Property Or Property Not Physically Injured *Property damage to 'impaired property' or property that has not been physically Injured, arising out of. (1) A defect, deficiency, inadequacy or dangerous condition In 'your product" or Oyourworkol- or (2) A delay or failure by you or anyone acting on your behaff to perform a contract or agreement in accordance with its terrn8. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product' or "Your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, rwnoval or disposal OU (1) Your product-, (2) 'Your work'-, or (3) 'Impaired property"; H such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, o. Personal And Advertising Injury 'Bodily injury' arising out of "personal and advertising injury*. p. Access or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including palents, trade secrets, processing methods, customer lists, financial information, credit card Information, health information or any other type of n on pu blic Information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access. or Inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, HG 00 0109 16 Page 5 of 21 public relations expenses or any other loss, assess the effects of an *asbestos cost or expense incurred by you or others hazard', or arising out of that which is described in (c) Arise out of any claim or suit for Paragraph (1) or (2) above, damages because of testing for, However, unless Paragraph (1) above monitoring, cleaning up, removing, applies, this exclusion does not apply to encapsulating, cmiaining, treating, damages because of 'bodily injury". datoxifying 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 Infoffnation In Violation Of Law and applications software, hard of floppy "Bodily Injury" or 'property damage" arising disks, CD-ROMS, tapes, drives, cells, data directly or indlrocl:ly out of any action or processing devices or any other media which omission that violates or Is alleged to violate, - are used with electronically controlled equipment. (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or q. Employment -Related Practices addition to such law'. 'Bodily Injury" to: (2) The C-AN-SPAM Act of 2003, Including (1) A person arising out of any "employment- any amendment of or addition to such law, related practices": or (3) The FaIr Credit Reporting Act (FCRA), and (2) The spouse, child, parent, brother or sister any amendment of or addition to such law, of that person as a consequence of 'bodily Including the Fair and Accurate Credit Injury' to that person at whom any Transaction Act (FACTA ), or F.employm an [-related practices, are (4) Any federal, state or local statute, directed. ordinance or regulation, other than the This exclusion applies-. TCPA or CAN-SPAM Act of 2003 or FORA (1) Whether the injury -causing event and their amendments and additions, that described in the definition of 'employment- addresses, prohibits or limits the printing, related practices" occurs before dissemination, disposal, collecting, employment, during employment or after recording, sending, transmitting, employment of that person; communicating or distribution of material or information. (2) Whether the insured may be liable as an employer or in any other capacity, and Damage To Promises Rented To You - (3) To any otligation to share damages with Exception For Damage By Fire, Lightning Or Explosion or repay someone else who must pay 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 out of the 'asbestos hazarcl"� separate limit of Insurance applies to this (2) Any damages, judgments, settlements, coverage as described In Section III - Limits Of loss, costs or expenses that Insurance, (a) May be awarded or incurred by reason COVERAGE B PERSONAL AND ADVERTISING of any claim or suit alleging actual or INJURY LIABILITY threatened Injury or damage of any 1. insuring Agreement nature or kind to persons or property iL We will pay those sums that the insured which would not have occurred in becomes legally obligated to pay as damages whole or In part but for the "asbestos because of 'personal and advertising injury" hazard": to which this Insurance applies. We will have (b) Arise out of any request, demand, the right and duty to defend the insured order or statutory or regulatory against any "suit' seeking those damages, requirement that any insured or others However, we will have no duty to defend the test for, monitor, clean up, remove, Insured against any 'suit' seeking damages encapsulate, contain, treat, detoxify or for 'Personal and, advertising injury' to which neutralize or in any way respond to or this insurance does not apply. We may, at our Page 6 of 21 HG 00 01 0916 1=z jo L oBed vol"!,S quaillugg(] io4t japun funrut 5utsiljoApe pue jeamod. 10 tIORIU110P Pql 10 '* Pue 'q "Ie S4deJ5RJ"d 01 Aidde IOU SGOP U01snIOXG Siql '.fGAamoH 'JOp!AOJ(J "AJag JO lu9luO:) 'MOO? 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Employment -Related Practices "Personal and advertising Injury"to: (1) A person arising out of any *employment — related practices". or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury' to that person at whom any *employment-reialed practices" are directed. This exclusion applies: (1) Whether the injury -causing event described in the definition of "employment - related practices' occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity: and (3) To any obligation to share damages with or repay someone else who must pay damages bemuse of the injury. v. Asbestos (1) "Personal and advertising injury" arising out of the "asbestos, hazard", (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard",, (b) Arise Out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbeslos hazard"; or (c) Anse out of any cJalm or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an 'asbestos hazard, w. Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosum of any person's or organization's confidential or personal informabon, including patents, trade secrets, processing methods, customer lists, Financial informabon, credit card information, health information or any other type of nonpublic Information. This exclusion applies even if damages are claimed for notification costs. Credit monitoring expenses, forensic: expenses, public relations expenses or any other loss. cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a> We will pay medical expenses as described below for 'bodily injury' caused by an accident. (1) On premises you own or rent; (2) On ways next to promises you own or rent; or (3) Bemuse of your operations; provided that., (1) The accident takes place In the 'coverage territory" and during the policy perlodt- (2) The expenses are incurred and reported to as 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 tegardiess of favit. These payments will not exceed the applicable tJmi( of Insurance, We will pay reasonable expenses ror- (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental sery lees, 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'volunteerwoNerso. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c� Injury On Normally Occupied Premises To a person Injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of HGOD 010916 Page 9 of 21 any insured, if benefits for the "bodily lrqury`' are payable or must be provided under a workeW compensaWn or disability benefits law or a similar law, e, Athletics Activities To a person injured while practicing, insMcbng or participating In any physical exercises or games, sports, or athletic contests. L Products -Completed Operations Hazard Included within the "products -completed operations hazard'. g. Coverage A Exclusions Excluded under Coverage k SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we Investigate or settle, or any 'suir against an Insured we defend-, a. All expenses we incur, b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies, We do not have to furnish these bonds. c. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses Incurred by the insured at our request to assist us in the Investigation or defense of the claim or 'suit", including actual loss of earnings up to $500 a day because of time off from work. e, All court costs taxed against the insured In the "su'rr, 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 nor pay any prejudgment interest based on that period of time after the offer, g. All Interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a 'suit* and an indemnitee or the Insured is also narr*d as a party to the "suit'", we will defend that indemnitee it all offt following conditions are met., a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee In a contract or agreement that is an "insured oontract% b, This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same 'insured contract!, d. The allegations in the "suit' and the Information we know about the "occurrence" are such that no conflict appears to exist between the Interests of the insured and the interests of the [ndemnitee-, e. 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 I ndem.nitee', and f. The indemnitee: (1) Agrees in writing to, (a) Cooperate with us In the investigation, settlement or defense of the "suit"; (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 too coordinating other applicable insurance available to the indemnitee, and (2) Provides us with written authorization to; (a) Obtain records and other information related to the "suit",, and (b) Conduct and control the defense of the In dem nItee In such 'suit'. So long as the above conditions are met, attorneys' fees Incurred by us In the defense of that indemnitee, necessary litigation expenses incurred by us and necessary lifigabon expenses incurred by the indemnitee at our request will be paid as Supplementary Payments, NoWithstanding the provisions of Paragraph 2,b.(2) of Section I - Coverage A - Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for 'bodily Injury" and "property damage"and will not reduce the limits of insurance. Page 10 of 21 HG 00 0109 16 Our obligation to defend an insureds iridemnitee 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 fWh above, or the terms of the agreement described in Paragraph f. above, are no longer rnelt. SECTION 11 —WHO IS AN INSURED 16 if you are designated in the Declarations as: a. An individual, you and your spouse are Insureds, but only with respW to the conduct of a business of which you are the sole owner, b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to Hie conduct of your btjsiness. Your managers are insureds, but only with respect to their duties as your managers. & An orgarilzation other than a partnership, joint venture at limited liability company, you are an insured. Your "executive officers' and directors are insureds, but only With respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an Insured. Your trustees are also insureds, but only with respect to their duties as trustees, 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your 'volunteer workers" only while performing duties related to the conduct of your business, or your *employees", other than either your wexecutIve officers" of you are an organization other than a partnership, joint venture or limited liability company) or your managers (If you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or 'volunteer workers" are insureds for (1) "Bodily injury* or 'personaf 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-"arnployee" 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 duffles 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 (lHa) 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 falling to provide professional health care services, If you are not In the business of providing professional health care services: (a) Subparagraphs (1)(a), (1)(b) and (1)(c) above do not apply to any 'employee" or "volunteer worker' providing first aid services; and (b) Subparagraph (1)(d) above does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services, (2) 'Property damage" to property; (a) Owned, occupied or used by, (b) Rented to, in the care. custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees". 'volunteer workers', any partner or member (if you are a partners -hip or joint venture), or any member (it you are a limited liability company). b. Real Estate Manager Any person (other than your "employee' or .volunteer worker*), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only. (1) With respect to liability arising out of the maintenance or use of that property, and (2) Until your legal representative has been appointed. d. Legal Representative If You We Your legal representative if you die, but only HIS 00 0109 16 Page 1 I of 21 with respect to duties as such, That 5. Additional Insureds When Required By representative will have all your rights and Written Contract, Written Agreement Or duties under this Coverage Part. Permit e. Unnamed Subsidiary The following person(s) or organization(s) are an Any subsidiary. and subsidiary thereof, of additional insured when you have agreed, In a yours which Is a legally incorporated entity of written contract, written agreement or because of which you own a financial interest of more a permit issued by a state or political subdivision, than 50% of the voting stock on the effective that such person or organization be added as an date of the Coverage Part, additional insured on your policy, provided the The insurance afforded herein for any injury or damage occurs subsequent to the execution of the contract or agreement. subsidiary not named in this Coverage Part as a named insured does not apply to injury A person or organization is an additional insured or darr age with respect to which such insured under this provision only for that period of time is also a named insured under another policy required by the contract or agrerament, or would be a named insured under such However, no such person or organization is an policy but for its termination or the exhaustion Insured under this provision if such person or of its limits of insurance, organization is included as an imured by an 3. Newly Acquired Or Farmed Organization eMorsernent issued by us and made a part of this Coverages Part. Any organization you newly acquire or form,, other than a partnership, joint venture or limited a" Vendo m liability company, and over which yo maintain Any person(s) or organization(s) (referred to financial interest of more than 50% of the voting below as vendor), but only with respect to slack, Will qualify as a Named Insured if there is `bodily injury" or "property darnagd" arising no other similar Insurance available to tftat out of "your products" which are distributed or organization, However, sold In the regular course of the vendor's a.. Goverage under this provision Is afforded only business and Only if this Coverage Part unr l the 180th day after you acquire or farm provides coverage for 'bodily injury' or the organization or the end of the policy `property damage" Included vAttun the period; wNchever Is earlier, "products-Dompleted operations hazard". b. Coverage A does not apply to 'bodily injury" (1) The insurance afforded the vendor is or "property damage" that occurred before subject to the following additional you acquired or formed the organization; and exclusions: c. Coverage B does not apply to "personal and This Insurance does not apply to' advertising injury" arming out of an offense (a) "Bodily injury' or "property damage for committed before you acquired or formed the which the vendor is obligated to pay organization, damages by reason of the assumption 6. Nonowned Watercraft of liability in a contract or agreement. With respect to watercraft you do not own that is This exclusion does not apply to for damages that the vendor less than 51 feet long and is not being used toliability would have in that absence of the carry persons for a charge. any person is an contract or agreement; insured while operating such watercraft with your permission, Arty rather person or organization (bj Any express warranty unauthorized by responsible for the conduct of such person is you, also an Insured, but only with respect to liability (c) Any physical or chemical change In the arising out of the operation of the watercraft, and product made intentionally by the only if no other insurance of any hind is available vendor, to that person or orrganizatian for this liability. (d) Repackaging, except when unpacked However. no person or organization is an insured solely for the purpose of inspection, with respect to,, demonstration, testing, or the a. "Bodily injury" to a co -"employee" of the substitution of parts under instructions person operating the watercraft; or from the manufacturer, and then repackaged in the original container. "Property damage" to property awned by, rented to, in the charge of or occupied by you (a) Any failure to make such inspections, or the employer of any person who is an adjustments, tests or servicing as the insured under this provision. vendor has agreed to make or normafly Page 12 of 21 HG 00 0109 16 undertakes to make in it ae usual course of business. In connection with the distribution or stile of the products: (f) Demcnstratton, 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 of sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: The exceptions contained in Sub- paragraphs (d) or ft ar (a) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business, In connection with the distribution or sale of the products, (2) This insurance does not apply to any Insured person or organization, from whom you have acquired such products, or any ingredient, part or container. entering intn, accompanying or containing such products, b. Lessors Of Equipment (1) Any person(s) or organization(s) from whore you lease equipment: but only with respect to heir liabIlilly for "bodily injury', '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 organization (s). (2) 9f'v'ith respect to the insurance afforded to these additional Insureds this insurance does not apply to any `occurrence' which takes place after the equipment lease expires. c. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises. but only with respect. to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to 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 hakes place after you cease to lease that 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" or 'personal and advertising Injury" caused. in whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. Mth respect to the insurance afforded these additional Insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or 'personal and advertising Injury" arising out of the rendering of or the failure to render any professional services by or for you, Including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, Inspection, architectural or engineering alcbvities. This exclusion applies even if the claims against any Insured allege negligence: or other wrongdoing in the supervision, hiring, employment training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage', or the offense which caused the "personal and advertising Injury*, Involved the rendering of or the failure to render any professional services by or for you. e. Perrnits Issued By State or Ponticat Subdtvislons Any state orpolitical subdivision, butonly with respect to operation performed by you or on your behalf for which the state or political subdivision has issued a parmil. With respect to the insurance afforded these additional insureds, this insurance does not: apply to: (1) "Bodily injury", "property damage' or "Personal and advertising injury*" arising out of operations performed for the state or municipality: or HG 00 01 0916 rage 13 of 21 (2) "Bodily Injury' or "property damage" Included within the "products -completed operations hazard', f. Any Other Party Any other person or organization who is not an additional Inured under Paragraphs a. through e. above. but only with respect to liability for "bodily injury% "property darnage" or "personal and advertising injury' caused, in whole or In part, by your acts or omissions or the acts or orissions of those acting on your behalf, (1) In the performance of your ongoing operatives, (2) In connection with your premises owned by or rented to you; or (3) In connection with `your work' and Included within the "products-compieted operations hazard`, but only if (ta) The written contract or agreement requires you to provide such coverage to such additional Insured, and (b) This Coverage Past provides coverage for "bodily injury' or "property damage* Included within the 'products - completed operations hazard". However. (1) The insurance afforded to such additional Insured only applies to the extent permitted bylaw; Arid (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 then 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 tm "Bodily Injury', "property damage" or "personal and advertising Injury' arising out of the rendering of, or the failure to render, any professional architectural, engineonng or surveying services, including, (i) The preparing, approving. or failing to prepare or approve, maps, shop drawings. opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing In the supervision, hitin, employment, training or monitoring of others by that insured, if the "occurrence' which caused the "bodily injury" or "property damage", or the offense which caused the `personal and advertising Injury", Involved the rendering of or the failure to render any professional services by or for you. The limits of insurance that apply to additional Insureds is described In Section UI — Limits Of Insurance. How this insurance applies when other insurance is available to the addfGanal insured is described In the Other Insurance Condition In Section IV — Commercial General Liabi fity Conditions. No person or organization Is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that Is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of insurance shown in the Declarations and the rules below fix the most we will pay regardiess of the number of: a. Insureds; b. Claims made or "suits" brought, or c. Persons or organizations snaking claims or bringing 'suits". 2. General Aggregate Limit The Generat Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C; b, Damages under Coverage A" except damages because of "bodily injury" or 'property damage" included in the *products - completed operations hazard"; and c. Damages sunder Coverage B. 3. Products -Completed operations Aggregate Limit The Prod ur,%-Co rn pleted Operations Aggregate Limit is [tie most we will pay under Coverage A for damages because of "bodily injury" and "'property damage" included in the "products- c m pteted operations hazard". 4. Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertlsing Injury, Limit is the most we will pay udder Coverage B for the sure of all damages because of all "personal and advertising injury' sustaired 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 will pay for the sum cif- a. Damages under Coverage A; and Page 14 of 21 HO 00 0109 16 b. Medical expenses under Coverage C a. Notice Of Occurrence Or Offense because of all 'bodily injury* and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to S. above, the Damage To Promises Rented To You Limit- is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case. of damage by fire, lightning or explosion, while rented to you at temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion. the Damage to Promises 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 combina0cin of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of 'bodily injury' sustained by any one person. 8. How Limits Apply To Additional Insureds It you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured Is the lessef of; a, 'The limits of insurance specified in the written contract or written agreement, or b. The Limits of Insurance shown in the Declarations, Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section, The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period Is extended after Issuance for an additional period of less than 12 months. In that case, the additional period Wit be deemed part of the last preceding period for purposes of determining the Limits of Insurance, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insureds estate will not relieve us of our obligations under this Coverage Part. Z Duties In The Event Of Occurrence, Offense, C lalm Or Suit You or any additional insured must see to it that we are notified as soon as practicable of an 'occurrence' or an offense which may result in a claim. To the extent possible. notice should include, (1) How, when and where the "occurrence" or offense took place, (2) The narnes and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense, b, Notice Of Claim If a claim is made or "suit' is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or 'sue and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable, c. Assistance And Cooperation Of The Insured You and any other Involved insured must (1) Immediately send us copies of any demands, notices, summonses or legal papers received In connection with the claim or "sulll; (2) Authorize us to obtain records and other information; (3) Cooperate with us In the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request. in the enforcement of any right against any person or organizaOon which may be IWAe to the insured because of Injury or damage to which this insurance may also apply, d. Obligations At The Insureds Own Cost No insured will, except at that insureds own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent, e. Additional Insureds Other Insurance If we cover a claim or 'suit" under this Coverage Part that may also be covered by other Insurance available to an additional Insured, such additional insured must submit such claim or "suit' to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written HG 00 01 0916 Page 15 of 21 contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f- Knowledge Of An Occurrence, Offense, Claim Or Suk Paragraphs a, and b. apply to you or to any additional insured only when such "occurrence', offense, claim or "suit' is known to,. (1) You or any additional insured that Is an individual; (2) Any partner, if you or the additlona) insured is a partnership, (3) Any manager, if you or the additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or the additional insured is a corporation-, (5) Any trustee, if you or the additional insured is a trust,, or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured, 3. Legal Action Against Us No person ovT 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 insurance. An agreed settlement rreans a settlement and relaase of liability signed by us, the insured and the claimant or the claimant's legal representative, 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we 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 with all that other Insurance by the method described in c. below, b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis- (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for 'your work-, (2) Promises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner, (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner, (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, 'autos" or watercraft to the extent not subject to Exclusion g, of Section I — Coverage A — Bodily Injury And Property Damage Liability: (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of 'property damage" to borrowed equipment of the use of elevators to the extent not subject to Exclusion J. 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 beer) 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 provisions apply to other insurance available to any Person or organization who Is an additional insured under this coverage part. (a) Primary Insurance When Requilred By Contract This insurance is primary It you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also Page 1S of 21 HIS 00 01 0916 primary, time ~,rill share with all that other Insurance by the method described in c. below. (b) Primary And Rion -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 v►?ith the addiaional insured's own Insurance, this insurance Ja primary and we will not seep 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 "suit". If no other insurer defends, we will undertake to day so, but we will be entitled to the Insured's rights against all tf'aase other insurers. When this insurance Is excess over ether insurance, we will pay only our share of the amount of the toss. it any, that exceeds the sum of:. (1) The total amount that all such other insurance would pay for the lags in the absence of this insurance; and (2) The total of all deduetibIle and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the limits of Insurance shown In the Declarations of this Coverage Part. c, Method Of Sharing If .all of the other insurance permits contribution by equal shares, we will follow this method also. tinder this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever names 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 sham is based on the ratio of its applicable limit of Insurance to the total applicable limits of insurance of alt insurers. S. Premium Audit a, We vrili compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium si'town in this Coverage Part as advance premium is a deposit premium only. At the close or eacb audia period we. will compute the earned premium for that period and send notice to the first tamed Insured, The due date for audit and retrospective premiums is the date shown as the due dale on the till. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c� The first Named Insured roust 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 y arcgpting this policy, you agree, (1) The statements In the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us and (3) We have issued this policy in reliance upon your representations, b. unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception dale of this Coverage fart, we shall not decay coverage under this Coverage Fart because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties sped lly assigned in this Coverage Part to the first Named Insured. this Insurance applies: a.. As If each Darned Insured were the only {darned insured, and b. Separately to each insured against whom claim Is made or 'suit" is brought, 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery if the insured has rights to recover all or part of any p.yment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us, The insured must do nothing sg after loss to HG 00 01 09 16 Page 17 of 21 impair them. At our request, the Insured will bring "suit" or transfer those rights to us and help sus enforce there, 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 erf any payment, Including Supplementary Payments, we have made under this Coverage Part. we also waive that right, provided Me Insured waived their rights of recovery against such person or organization In a contract. agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part. we will mail or deliver to the first Named Insured shown in the Declarations written notes of the nonrenewal not less than 30 days before the expiration date. If notice is malted, proof of mailing will be sufficient proof o(notice, SECTION V — DEFINITIONS 1. "Advertisement" means the widespread public dissemination of Information or images that has the purpose of Inducing the sale of goods, products or services through: a. (1) Radio, (2) Television; (3) SillWard; (4) Magazine: (5) Newspaper; or b. Any other publication that is given widespread public distribution, However. "advertisement' does noll include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b, An interactive conversaWn between or among persons through a computer network, 2. "Advertising Idea" means any Idea for an "advertisement"- 3 "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mare 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 (fiat is sutaject to a compulsory or financial responsibility law or other motor vehicle Insurance law where It Is licensed or principally garaged. However, 'auto" does not include 'mobile equipment". S. "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 Biro and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world I the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described In a. above: (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising Injury" offenses that take place through the lntemet or similar electronic means of communication provided the insured"s responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit'" can the merits according to the sutastantive law In such territory or in a settlement we agree to. 7. "Employee" includes a 'leased worker". 'Employee" does not include a 'temporary worker", B. "Employment -Related Practices" means: a. Refusal to employ that person; b. Termination of that person"s employment; or c. Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person. 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any rather similar governing docu anent_ 1a."hiostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 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Jo plonpoid JnoA. )o IvAowaJ Jo luaualsnlpe 'luaweoeldaJ 'lpedaJ aql Aq asn of paxojsaJ aq uea Apadoid Bans Ip :Iuauuaa�l3e ro IaeJtuoa e lea SLwal 94t Ilginl 01 pai!EI aAe4 nod -q 10 :snaaBuep 1© alenbapeut 'luapatuap '"�Ioalap aq of I45no4o Jo umou�t sI Ie4l .)pom incA. Jo j3npoJd JnoA. sateJodiooui tl •e :asneosq Inlasn ssal sl �o pssn aq Inuuen Ie41 " a{ m 1notk Jo piVoid JnoA. ue4I Ja4jo ,Ajisdold Falgl6uel sueow „Aljbdcmd pailedwi,,q r primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo, However" CIF -propelled vehicles with the fallowing types of permanently attached equipment are not "mobile equipment" but will be consxtered "autos". (1) Equipment designed primarily for' (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Gherry pickers and similar device mounted an 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" noes not Include any land vehicle that is subject to a compulsory or financial responsibility law or ether motor vehicle insurance laws where it is licensed or principally garaged. Land vehicles subject to a compuiscary or financial responsibility law or other motor vehicle insurance law are considered "autos", 16."Or.currence" means an accident, including continuous or repeated exposure to substantially the saute general harmful conditions. 17."Personal and advertising injury" means injury, including consequential 'bodily injury", arising out of one or more of the following offenses; a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or Invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of Its owner, Ian dlord or lessor: d_ Oral, written or electronic publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic pubbcation. in any manner, of material that violates a person's right of privacy, L 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."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant. Including smoke. vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19."Products-completed operations hazard": a. Includes all 'bodily injury" and "property damage" occurring away from promises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work'° will be deemed completed at the earliest of the following times; (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job ;site has been completed if your contract calls for work at more than one job "a. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than anotber contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repalr or replacement, but wwhich is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that oondillon was created by the "loading or unloading* of that vehicle by any insured; (2) The existence of tools, r rninstalled 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 01 0916 completed operations are subject to the General Aggregate Limit, 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it, Of b� Loss of use of tangible property that Is not physically injured, Ail 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 stared data, programs or software are not tangible property. Electronic data means information, facts or Programs: a. Stored as or on, b. Created or used on: or c. Transmitted to orfrorn; computer software, including systems and applications software, hard Or floppy disks. CD- ROfutS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment, 21. "Suit" means a civil proceeding in which damages because of *bodily injury". "property damage" or "personal and advertising Injury" to which this insurance applies are alleged. "Suit" includes. a, An arbitration proceeding In which such damages are claimed and to which the insured must submit or does submit with our consent; or bx Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent, 22."Temporary worker" means a person who is furnished to you to sulastitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23."Volunteer worker" means a person who a. is net your "employee"; be Donates his or her worts; c, Acts at the direction of and wit"n the scope of duties determined by you; and d� Is not paid a fee, salary or other compensation by you or anyone else for their worm Performed for you. 24. "Your product". a. Means_ (1) Any goods or producu, other than real property, manufactured, wild, 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, parks or equipment furnished in connection with such goods or producls, b. Includes (1) Warranties or representations made at any ttme with respect to the fitness, quality, durability, performance or use of .your product"; and (2) The providing of or failure to provide warning or instructions. e. Does not include vending machines or ether property rented to or located for the use of others but not sold, 25, "Your work": a. Means: (1) Work or operations performed by your or on your behalf, and (2) Materials, parts or equipment furnished In connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of .your work", and (2) The providing of or failure to provide warnings or instructions. HQ 00 01 0916 Page 21 of 21 POLICY: 62UENOL5663 AI,PNC,WOS COMMERCIAL AUTOMOBILE HA 99 16 0312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following, 13USINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured`" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered '"auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C_ Lessors as Insureds (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective dale of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured' under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majc* ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That Is a partnership or joint venture, (b) That is an "Insured' under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 160 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage� that results from an "accident" that occurred before you formed or acquired the organization, B. Employees as Insureds PWagraph A.1. - WHO IS AN INSURED - of SECTION 11 - LIABILITY COVERAGE is amended to add,. Paragraph AA_ - WHO IS AN INSURED - of Section li - Liability Coverage is amended to add: e. The lessor of a covered "aulo" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased Without a driver. Such a leased "auto" will be considered a covered Tauto" you own and not a covered "auto" you hire. D. Additional Insured N Required by Contract (1) Paragraph AA - WHO IS AN INSURED - of Section 11 - Liability Coverage is amended toad d: I. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct 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,m & 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 it the Required by Contract "bodily injury" or "property damage" Only with respect 0 insurance provided to occurs: an additional insured in 1.c. - Additional (1) During the policy period. and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) prior to the expiration of the period Contract of time that the written contract This Insurance is primary if you have requires such insurance be provided agreed In a written contract or written to the additional insured, agreement that this Insurance be (2) How Limits Apply primary. If other insurance Is also If you have agreed in a written contract primary, we will share with all that other or written agreement that another Insurance by the method described in person or 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 spec&%d in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement, or additional Instsred's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not seek contribution from that other the Declarations- Insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not .apply to other In addition to Limits of Insurance shown insurance to which the additional insured the Declarations and described In this has been added as an additional insured. S ecti carp. (3) Additional Insuredsgth Insurance When this insurance is excess, we will have no duty 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 Part that may also be covered Insured against that 'suit',. If no other insurer by other Insurance available to an defends. we will undertake to do so, but we will additional insureds such additional be entitled to the insured's rights against all insured most submit such claim or "suit" those other 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 Ions. if any. that exceeds the sum to the extent that you have agreed in a of; written contract or written agreement 'insurance (1) The CofAt amount that all such dither` that this is prlrrrary and non- Insurance would pay far the bass in the contributory with the additional Insured's absence of this insurance* and own Insurance. (4) Duties in The Event Of Accident. Claim, (2) The total of all deductible and self -insured Suit or Loss amounts under all that father insurance, If you have agreed in a written contract We will share the remaining lass, if any, by the method described in Other Insurance 5.d. or written agreement that another or organization be added as an , 2i4UTC�S RENTED BY EMPLOYEES additional insured on your policy. the Any "auto" hired or ranted by your "employee" additional insured shall be required to can your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition Is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV BUSINESS AUTO CONDITIONS, in the same manner as the ruined insured. 0 2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc;, with its permission.) Page 2 of 5 if an "employeals' personal Insurance also 5. applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the llemplDyeele personal insurance, 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION 11 - LIABILITY COVERAGE does not apply it you have workers' compertsallon insurance in -force covering all of your "employees"_ Coverage is excess over any other 6ollectibIe, insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE It hired "autos" are covered "autos" for Llabillty Coverage and it Comprehensive, Specified Causes of Loss. or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos' you hire or borrow, subject to the following Ilmili. The most we will pay for 1oss' to any hired "auto" is: (1) $100,000., (2) The actual cash value of the damaged or stolen property at the time of the "k)ss"'. or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned ',auW' for that coverage, Pilo deductible applies to "Ions" caused by lire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance, Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it resu,"s from an "accident". you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (it you are a limited liability company), or members of their households. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $I ,000. 6. LOANfLEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total Noss" 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 `Ioss" and the "outstanding balance" of the loan/lease. 00utstanding balance" means the amount you owe an the leanAease at the time of miogs" less any amounts representing taxes; overdue payments; penalties, interest or charges resufting from overdue paymenw, addRional, mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health., accident or 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 fallowing is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag, 8. ELECTRONIC EOUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following* Exclusions 4.e. and 44 do not apply to equipment designed to be operated solely by use of the power from the "autos" electrical system that, at the time of 'loss', is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently Installed in or upon the covered "auto', (3) An integral part of the same unit housing any electronlc equipment described in Paragraphs (1) and (2) above, or C 2011. The Hartford (Includes copyrighted mate ria] Form HA 99 16 0312 of ISO Properties. Inc,, with its permission-) Page 3 of 5 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto'e' Operating System. b.Section III — Version CA aq 01 03 10 of the Business Auto Coverage Form. Physical Damage Coverage, Limit of Insurance, Paragraph C,2 and Version CA Q© 41 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following; 1,5110 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reprodus, receives or transmits audio, visual or data signals which, at the time of "loss", IS: (1) Parmanently installed in or upon the covered "auto!' In a housing, opening at other location that is not normally used by the "auto' manufacturer tar the Installation of such equipment" (2) Removable from a permanently installed housing unit as described in Paragraph 2.a., above or Is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto". should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown In the Declarations, or $250, whichever deductible is less, fit, EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A, - COVERAGE - of SECTION III r PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen oavered � aulo" to You, 10, GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph De , DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11, TWO OR MORE DEDUCTIBLES Under Paragraph 0, - DEDUCTIBLE - of SECTION III r PHYSICAL DAMAGE COVERAGE, the followiN Is added: If another Hartford Financial Services Group, Inc, company policy or coverage farm that is not an automobile policy or coverage form applies to the same "accident", the following applies- (1) If the deductible under this Business Auto Coverage Form is the smaller (or .smallest) deductible. it will be waived, (22) 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, SUITOR LOSS The requirement in LOS�Sy CONDITIONS 2.a. - DUTIES IN THE EVENT fir: F ACCI DENT,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: (1) You, If you are an individual; M A partner, if you are a partnership; (3) A member, If you are a limited liability company; or (4) An executive officer or Insurance manager, If you are a corporation. 13. UMNTENT10NAL FAILURE TO DISCLOSE HAZARDS It you unintentionally fall to disclose any hazards existing at the Inception date of your policy, we will not deny coverage under this Coverage Form because of such failure, 14. HIRED AUTO - COVERAGE TER RrfORY 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 4 the "insured'e responsibility to pay damages for "bod4y Injury" or "property damage" Is determined In a "suit," the 'suIt' is brought in the United States of America, the territories .and possessions of the United States of America. Puerto Rico or Canada or in a settlement we agree to, 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the thliowing: D 2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form, 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodilly injury* in SECTION V- DEFINITIONS is replaced by the following: "W4 injury" means bodily Injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17, EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDMONS - CANCELLATION - applies except as follows: it we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a 'non-hybridn auto for which Comprehensive, Specified Causes of Loss, or Col4sloil coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is rieplaced with a "hybrid' auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of V,W, 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, Ole most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "low Is $I D'Doo o For the purposes of the coverage provision, a.A "non -hybrid" auto Is defined as an auto that only uses ony an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas, b.A 'hybrid" auto Is defined as an auto with an Internal combvstion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the Internal combustion engine to charge one or more electric motors, w hich move file auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto' for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical 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 Vehicle Wrap Coverage provision for any one "loss" Is $5,00. For purposes of this coverage provision, sons or other graphics painted or magnetically affixed to The vehicle are not considered vehicle wraps, D 2011, The Hartford (includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc,, with its permission.) Page 5 of 5 tj THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS' COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS Policy Number 52WEGL6HOD Endorsement Number Effectiv$ pate: 0613012021 Effective hour is the same as stated on the information Page of the policy. Named Insured and Address: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN AWRrT7EN AGREEMENT OR CONTRACT, Section I of this endorsement expands coverage provided under WC 00 00 00. Section 11 of this endorsement provides additional coverage usuailyonly 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-, INDEX SUBJECT PAGE SUBJECT LAG E SECTION 1 2 S. Part, One Does Not Apply 3 PARTS ONE and TWO 2 C. Application of Coverage 3 01 WeWill AlsoPay 2 D. Additional Exclusions 3 PART - THREE 2 E. West Virginia 3 02 How This Insurance Works 2 EXTENDED OPTIONS 4 PART - SIX 2 01 Employers' Liabitity 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 from 4 SECTION 11 2 Others VOLUNTARY COMPENSATION 2 04 Foreign Voluntary Compensation 4 INSURANCE A. How This Reimbursement Applies 4 06 Voluntary Compensation Insurance 2 8, We Will Reimburse 4 A. How This Insurance Applies 2 C. Exclusions 4 S. We Will Pay 3 D. Before We Pay 5 C Exciusions 3 ERecovery From Others 5 0 Before We Pay 3 F. Reim bumment For Actual Loss 5 E, Recovery From Others 3 Sustained F. Employers'LlabIlity Insurance 3 G. Repatriation 5 EMPLOYERS' LIABILITY STOP GAP 3 K Endemic Oisease 5 ENDORSEMENT 05 Longshore and Harbor Workers' 5 07 Employers' Lfability Stop Gap 3 Compensation Act Coverage Coverage Endorsement A, Stop Gap Coverage Limited to 3 SECTION Ill 6 Montana, North Dakota, Ohio, 01 Schedule of Covered States 6 Washington, West Virginia and Wyoming Form WC 99 03 018 Printed in U.S.A. 1Ed. 8100) Page I of 6 9) 2000. The Hartford 0 10 Z &Bttd -Seraeld asoi4l wojl Aeme Alpejodwat pue epeveo jo SalajS pallurl w4 ui 'Woldwa AlIe6al pue 'juspIsaj le6al asmuaLpo jo 'uazwo uutpeueo jo sams Paliun e so a4aAcIdwe aqj p. cua*%esla jrwo !leas pue L.Puueo 10 iguc"Ssess6d J0 !iauov,,uei si! 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Bodily injury by accident must occur during 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 conditions causing or aggravating such bodily injury by clsease 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 3.A. of the Information Page. We will pay those amounts to the persons who would be entitled to them under the law, C. Exclusion This insurance does not cover: 1. any obligation imposed by workers' compensation or occupational 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 subject to the state workers' compensaCon law, 4. partners or sole proprietors not covered under the Standard Sole Proprietors, Partners, Officers and Others Coverage Endorsement. D. 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 the injury or death, 3. Cooperate with us and do everything necessary to enable us to enforce the right to recover from others. It the persons entitled (a the benefits of this insurance faH 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 rake 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. If the persons entitled to the benefits of this insurance make a recovery from others, they must reimburse us for the benefits we paid them, F. Employers' Liability Insurance Part Two (Employers' Liability Insurance) applies to bodily '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 STOPGAP COVERAGE 7. Employers' Liability 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. Part Two, Section C. Exclusions Is changed by adding tiriese exclusions. This insurance does not cover, 5. 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 or 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 penally because of default In premium under the provisions 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 An not S 23-4-2, Form WC 99 03 018 Printed in U.S.A. (Ed. 8/00) Page 3 of 6 EXTENDED OPTIONS 1. Employers' Liability Insurance Item 3.8. of the Information Page is replacad by the following, B. Employers' Liability insurance: 1. Part Two of the policy applies to work Its each state fisted in Item 3,A, The Limns of Liability under Part Two arc+ the higher of Bodily Injury by Accident $500,000 Each Accident Bodily Injury by Disease $500,000 Policy Ltm{ Bodily injury by Disease $500,000 Each Empl0 ee OR 2. The amount shown in the Informadon Page. This provision 1 of EXTENDED OPTIONS dues 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 axisting hazards at the Inception date of your policy, we shall not deny coverage under this policy because of such failure. 3. Waiver of Our Right To Recover From Others A, We have the right to recover our payments from any ono 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- I3, This provision 3, does not apply In the states of Pennsylvania and Utah, 4. Foreign Voluntary Compensation and Employers' Liability Reimbursement A. How This Reimbursement Applies This reimbursement provision applies to bodily Injury by accident or bodily injury by disease. Bodily Injury includes resulting death, 1. The bodily injury must be sustained by an officer or am ployee. 2. The bodily injury must occur in the course of employment necessary or incidental to work In a country not listed in Exclusion C.1. of this provision. 3. Bodily injury by accident must occur during the policy period, 4- Bodily injury by disease must be caused or aggravated by the conditions of your employment, The officer or employees last exposure to those conditions of your employment must occur during the policy period. 13. We Will Reimburse We will reimburse you for all amounts Raid by you whether such amounts are: 1. voluntary payments for the benefits that would be required of you If you and your officers or employees were subject to any workers` compensation law of the state of hire of the individual employee. 2. sums to which Part Two (Employers' Liability Insurance) would apply if the Country of Employment were shown in Item 3.A, 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 pollcy_ 2. any obilgation Imposed by a workers' compensation or o=upational disease law, or similar law. 3. bodlly injury intentionally caused or aggravated by you, Form WC 99 03 018 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 or not), civil war. rebellion, revolution, insurrection or military or usurped power, No endorsement now or subsequently attached to this policy shall be construed as overriding or waiving this limitation unless specific reference is made thereto. D. Before We Pay Before we reimburse you for the benefits to the persons entitled to them, you must have ftm: 1. release you and us, In writing, of all responsIbilily for the injury or death, 2. transfer to us their right to recover from others who may be responsible for their injury or death, 3. cooperate with us and do everything necessary to enable us to enforce the right to recovet from othe rs . If the persons entitled to the benerits paid fail to do these thingSr o4jr duty to reimburse ends at once. if they claim damages from us for the injury or death, our duty to reimburse ends at once- E. Recovery From Others If we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we reimbursed, We will pay the balance to the persons entitled to it. If persons entitled to the benefits make a recovery from others, they must repay us for the amounts that we have reimbursed you. F. Reimbursement for Actual Loss Sustained This endorsement provides only fix reimbursement for the loss you actually sustain. In order for you to recover loss or expenses under this reimbursement you must: 1. actually sustain and pay The loss or expense in money after trial, or 2. secure our consent for the payment of the loss or expense. G. Repatriation Our r6mbursernent includes the additional expenses of repatriation to the United States of America necessarily incurred as a direct result of bodily injury.. Our reimbursement shall be limited as follows: 1. to the amount by which such expenses exceed the normal cost of reluming the officer or employee If in good health, or 2. in the avant of death, to the amount by which such expanses exceed the normal cost of returning the officer or employee if alive and In good health. In no event shall our reimbursement exceed the bodily injury by accident limit shown in Item 3.13, of the information Page as respects any one such officer or employee whether dead or alive. 14. 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 Law Workers' Compensation Law means the workers or workers' compensation law and occupational disease law of each state or territory named In Item 3.A. of the Information Page and the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901-950), It Includes any amendments to those laws that are in effect during the policy period. It does not include any other federal workers or workers' compensation law, other federal occupational disease law or the provislons of any law that provide nonoccupational disability benefils. 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 Act, or the Nonappropriated Fund I nstru menta Ifties Act, FormWC 99 03 018 Printed in U.S.A. (Ed. 81D0) Page 5 of 6 SECTION III 1. SCHEDULE OF COVERED STATES A. This endorsement only applies in the states listed In MW Schedule of Covered States. C. Schedule of Covered States: Countersigned by S. ff a state, shown in llern 3A of the Informallon Page, approves this endorsement after the effecttvra date of this policy. this endorsement will apply to this policy. The coverage will apply In the new state an the effective data of the state approval. - _.authorized Representative Farm WC 99 03 0118 Printed in U.S.A. (Ed. 8100 ) Page 6 of 6 POLICY NUMBER: 52UUNOL5662 n--� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED CERTIFICATE HOLDER SCHEDULE Number of Days Notice: Pail A: 30 Part 13, sa Pail C., _-30 This policy Is subject to the following additional Conditions when a number of days are shown in the Schedule for any of the above Parts. A. It this policy is cancelled by the Company, other than for norpsyment of premium, notice of such cancellation will be provided to the certificate holder in Ihe 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 certif6cate holder In the Schedule within the number of days notice of the cancellation effective date, as shown in Part S. C. It this policy is cancelled by the Insured, notice of such h cancdialion will be provided to the certificate holder in the Schedule, within the number of days notice of the cancellation effective date. as shown in Part C. Name of Certificate Holder, ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT, Mailing Address: THE ADDRESS FOR THAT PERSON OR ORGAN17ATION INCLUDED IN SUCH WRITTEN CONTRACT. It notice is mailed, proof of mailing notice to the certificate holder's mailing address as shown in the Schedule will be sufficient proof of notice. 11 the number of days notice in the schedule for any Fart is fell blank or is shown as zero, no notice will be provided to the Scheduled certificate holder under that Parl . Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certAlcale, of Insurance applicable to thts 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 cannilation of the policy. Failure to send notice shall impose no liabifRy of any kind upon the Company or As agents or representatives. Form 1H D3 15 05 11 Page I of I (b 2011, The Hartford POLICY NUMBER: 52UENOL5663 nk THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED CERTIFICATE HOLDER SCHEDULE Number of Days Nollcee Name of Certificate Holder: Part A, ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT, Part B. 90 Mailing Address: THE ADDRESS FOR 'HAT PERSON OR ORGANIZATION Part C: 30 INCLUDED IN SUCH WRITTEN CONTRACT. This po4cy Is subject to the following additional Conditions when a number of days are shown in the Schedule for any of the above Parts. A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided to the certificate holder In the Schedule, at least the number of days in advance of the cancellation effective 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 vilthin the number of days notice of the cancellation effective date, as shown in Part B. C. It this policy is cancelled by the insured, notice of such cancellation W411 be provided to the certificate holder in the Schedule, within the number of days notice of the cancellation effective date, as shown in Part C. 0 notice is mailed, proof of mailing notice to the certificate holders mailing address as Shown in the Schedule will be sufficient proof of notice. if the number of days notice in the schedule for any Part is left blank ar is shown as zero, no notice will be provided to the Scheduled certificate holder under that Part. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate at Insurance applIcable in thla policy's term Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes elfective, nor will it negate cancellation of the policy, Failure to send notice shall impose no liabiliRy of any kind upon the Company or Its agents or representatives. Form IH 03 15 05 11 Page I of I b 2011. The Hartford THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number, 62WEf3L HOD Endorsement Number: - Effective Date: 06I3D1202t Effective hour is the same as slated on the Information Page of the policy. Named Insured and Address: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN AGREEMENT OR CONTRACT, This policy is subject to the fallowing additional Conditions. A. It this policy is cancelled by the Company, other than for non-payment of premium. notice of such camellation will be provided at least th* (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, B. 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 ten (10) days of the cancellation effWive dale to the certificate holders) with mailing addresses on file with the agent of record or the Company. Forma WC 99 03 94 Printed In 11.&A. Process Date: 01101112021 It nollce is mailed, proof of mailing to the mast known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any nokification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to Wis 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 me policy. Failure to send notice shatl impose no liability of any kind upon the Company or its agents or representatives, 02011, The Hartford Policy Expiration Date: 0613012022 POLICY NUMBER: THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. PER LOCATION AND PER PROJECT - AMENDMENT OF GENERAL AGGREGATE SUBJECT TO MAXIMUM ANNUAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Each Occurrence Limit Personal and Advertising Injury limit Damage tin Premises Rented to You Any One Premises Medical Expense Limit - Any One Person General Aggregate Limit Location General Aggregate Limit Project General Aggregate Limit Maximum Annual Aggregate Limit Products -Completed Operations Aggregate Limit ,See Declarations Page S See Declarations Page See Declarations Page See Declarations Page S S See Declarations Page In return for the payment of the premium when slue and subject to all the terms of the Cornmerciat General Liability Coverage Part not expressly modified herein, we agree with you as follows: A. The OMITS OF INSURANCE (SECTION Ill) is deleted in its entirety and replaced with the following: 1. The Most We Wlll Pay The Limits of Insurance shown in the above Schedule and the rules below fix the most we will pay regardless of the number cif, a. Insureds; b. Claims made of "suits" brought, or C. Persons or organizations making clairns or bringing "suits". 2. Maximum Annual Aggregate The Maximum Annual Aggregate Limit is the most we will pay for the sum of; a. Damages sender the General Aggregate Limit, and b. Damages under: Form HS 25 42 06 ©S (1) Any one or more Location General Aggregate Limil(s), as described in paragraph 4. below. or (2) Any one or more Project General Aggregate Lfmt(s), as described in paragraph S. below_ 3. General Aggregate Limit Subject to 2, above, the General Aggregate Limit is the most we YAII pay for the aura of: a. Damages under Coverage B Personal and Advertising Injury Liability; and b. Damages under Coverage C Medical Payments, and Coverage A Bodily Injury and Property Damage Lta.bility, with the following exceptions: (1) "Bodily injury" or "property damage" included In the "products -completed operations hazard"; 0 2008, The Hartford (includes copyrighted material of Insurance SerVires Office, Inc_ with U permission.) Page t of 3 (2) *'Bodily injury"` or "property damage" attributed solely to ongoing operations at a single "Iocatron"; or (3) "Bodily Injury' or "property damage" attributed solely to ongoing operations at a single "project". c. "property damage' included as carnage to Premises Rented to You, A. Location Aggregate Limit Subject to 2, above. a. A separate Location General Aggregate Limit applies to each single 'location", in lien of and not In addition to, the General Aggregate. Such Location general Aggregate Is the most we will pay for all damages under Coverage A Bodily Injury and Property Damage Liability, or Coverage C Medlcat Payments. with the following exceptions; (1) "Bodily injury" or "property damage" included in the "products -completed operations hazard'.* or (2) "Property damage" Included in the Damage to Premises Rented to You coverage; or (3) "Bodily injury", "property damage", or medical expenses under Coverage C, which cannot be attributed solely to the ongoing operations at a singly; "location". Such damages will erode the general Aggregate Limit as provided in paragraph 3. above. b. The Lwrati on General Aggregate Limit.- (1) Applies only to "occurrences" attributed sanely to ongoing operations at a single "bocation' ; and (2) Does not include damages for Coverage 8 Personal and Advertising Injury Liability, no matter where or in how many "localiorss" 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", wproperty damage", or medical expenses under Coverage C, shall reduce the Maximum Annual Aggregate Limit and the Location General Aggregate for that *'location". Such payments shall not reduce the General Aggregate Limit or the Products -Completed Operations Aggregate Limit nor shall they reduce any other Location General Aggregate Limit. 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 Liability, or Coverage C Medical Payments, with the following exceptions. (1) `'F3odily injury" or "property damage" included In the products -completed operations hazard"; or (2) "Property damage" included In the Damage to Promises Ranted to You coverage; or (3) "Bodily injury", "property damage", or medical expenses under Coverage C, which cannot be attritiuled solely to the ongoing operations at a single "project". Such damages will erode the General Aggregate Limit as provided in paragraph 3. above. b. The Project General Aggregate Limit; (1) Applies only to "Occurrences" attributed solely to ongoing operations at a single "project"; and (2) Does not include damages for Coverage S Personal and Advertising Injury Liability, no matter where or in hove many ".projects" the offense or oflanses 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 cruder Coverage C, shall reduce the Maximum Annual Aggregate Limit and the Project General Aggregate for that "project". Such payments shall not reduce the General Aggregate Limit or the Products -Completed Operations Aggregate Llrnit nor Shall they reduce any ether Project general Aggregate Limit. Form HS 25 42 06 08 Page 2 of 3 6. Products -Completed Aggregate Limit Operations 11. How Limits Apply To Additional Insureds The Products -Completed Operations Aggregate 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 B Personal and Advertising Injury Liability for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. a. Occurrence Limit Subject to 3., 4., 5., or 6. above, whichever applies. the Each Occurrence Limit Is the most we will pay for damages under "bodily injury" or "property damage"' arising out of any one "aocurrencd'. 9. Damages To Promises Rented To You Limit Subject to S. above, the Damage to Premises Rented to You Limit is the most we will pay for damages because of "property damage" in .any oria premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the rase of damage by fire. lightning or explosion, the Damage to Premises Rented to You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. The Damage to Premises Rented to You Coverage Is not subject to any Location General Aggregate Limit or any Project General Aggregate Limit, but will erode the General Aggregate Limit. 10, Medical Expense Limit Subject to 3, 4., or 5. aborve, 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 anyone person, Such Medical Payments Coverage is subject to either the Location General Aggregate Limit, Project General Aggregate Liff0l or the General Aggregate Limit as provided in paragraphs 3., 4., or 5. above, It you have agreed in a written contract or written agreement that another person or organization be added as an additional: insured on your policy, the most we 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 Section. 12. if More Than One Limit of Insurance Applies If more Than one limit of Insurance under Ws Coverage Part and any endorsements attached thereto applies to any claim or "suit", the most we will pay, under this Coverage Part and such endorsements rs the single highest limit of liability of all coverages applicable to such claim or OsuiV. However, this paragraph 12. does not apply to the Medical Expense Limit for Coverage C. The Limits of insurance of this Coverage Pad apply separately to each consecutive annual period and to any remaining period of legs than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. B. For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definitions, "Location" means premises involving the same or connecting Jots, or premises whose connection is interrupted P terru led only by a street, roadway, waterway or right of way of a railroad, "Project" means a Jobs,ae Including premises involving the same or connecting lots, or promises whose connection is Interrupted only by a street, roadway, waterway or right of way of a railroad. 11 a "project" has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables. the project will still be deemed as the same project. Form HS 25 42 06 08 Page 3 of 3 POLICY: 52XHUOL5664 I UMBRELLA LIABILITY POLICY PROVISIONS In this policy the words "you" and 'your' refer to the the 'bodily ln)ury" or "property damage" Named Insured first shown In the Declarations and occurred, than any continuation, change any other person or organization qualifying as a or resumption of such "bodily injury" or Named Insured under this policy- "We", "us` and "property damage" during or after the "our" refer to the stock insurance company member "poky period* will be deemed to have of The Hartford Financial Services Group Inc. shown been known prior to the 'policy period". in the Declarations, 3. "Bodily Injury' or 'property damage" will be Other words and phrases that appear in quotation deemed to have been Known to have marks also have special meaning, Refer to occurred at the earliest time when any DEFINITIONS (Section VII), insured listed under paragraph A. of Section IN RETURN FOR THE PAYMENT OF THE III — Who is An Insured or any 'employee" PREMIUM, in reliance upon the statements in the authorized by you to give of receive notice Declarations made a part hereof and subject to all of of an *occurrence' of claim; the terms of this policy, we agree with you as a. Reports all, or any part, of the "bodily Follows: Injury' or "property damage" to us or any SECTION I - COVERAGES other Insurer,, INSURING AGREEMENTS b. Receives a written or verbal demand or A. Umbrella Liability Insurance claim for damages because of the "bodily *property Injury" or damage'% or 1 We will pay those sums that the "insured' c. Becomes aware by any other means becomes legally obligated to pay as 'damages" that 'badly injury' or 'property damage" in excess of the "underlying has occurred or has begun to occur. insurance" or of the 'self -insured retention' "underlying S. Exclusions when no insurance* applies, because a( 'bodily injury", 'property This policy does not apply to: darnagel or "personal and advertising injury" 1. Pollution to which this Insura nos applies caused by an 'occurrence", But, the arnmrit we will pay Any obligatiow. as 'damages" is limited as described in a. To pay for the cost of in.vestigalmin, Section IV — LIMITS OF INSURANCE. defense of settlement of any claim or No other obligation or liability to pay sums or suit against any 'insured" alleging adu at perform acts or servlws is covered unless or threatened Injury or damag s of any explicitly provided for under Section 11 - nature or kind to persons or property INVESTIGATION, DEFENSE, which arises out of or would not have SETTLEMENT. occurred but for the pollution hazard; or 2. This insurance applies to 'bodily injury", b. To pay any 'damages', judgments, .property damage' or 'personal and settlements, loss, costs or expenses advertising injury' only if: that may be awarded or Incurred: a. The *bodily injury", "property damage" or 1. By reason of any such claim or suit 'personal and advertising injury' occurs or any such injury or damage; or during the 'policy period": and III. In complying with any action bA Prior to the "policy period', no insured authorized by law and relating to listed under Paragraph A. of Section III — such injury or damage, Who Is An Insured and no 'ernployee" As used in this exclusion, pollution authorized by you to give or receive notice hazard means an actual exposure or of an "occurrence" or claim, knew that the threat of exposure to the corrosive, toxic 'bodily Injury' or *property damage* had or other harmful properties of any solid, occurred, in whole or in part If such a liquid, gaseous or thermal: listed insured or authorized 'employee' a. Poffutants-, know, prior to the "policy period'. that b. Contaminants; Form XL 00 03 0916 Page 11 of 14 Q 2016, The Hartford c, Irritants,, or (b) Otherwise In the course of d. Toxic substances; transit by or on behalf of the Including, "insured": or Smoke; (c) Being stored, disposed of, treated or processed in or Vapors: upon any 'auto-. Soot; (2) Before the "pollutants" or any Fumes; property in which the Acids, "pollutants" are contained are moved from the place where Alkalis: they are accepted by the Chemicals, and 'insured" for movement into or Waste materials consisting of or onto any 'auto', or containing any of the foregoing, (3) After the 'pollutants" or any Waste includes materials to be property in which the recycled, reconditioned M Mpollutante are contained are reclaimed, moved from any 'auto' to the EXCEPTION place where they are finally delivered, disposed of or This exclusion does not apply: abandoned by the "insured". a. To "bodily injury' to any of your Paragraph (1) above does not apply 'employees' arising out of and in to fuels, lubricants, fluids, exhaust the course of their employment by gases or other similar "pollutant" you: or that are needed for or result from b. To injury or damage as to which the normal electrical, hydraulic or valid and collectible 'underlying mechanical functioning of an 'auto", insurance" with at least the covered by the 'underlying rniniirriurn limits shown in the Insurance" or its parts, If: Schedule of Underlying Insurance a. The "pollutants" escape, seep, Policies is in force and applicable to migrate, or are discharged or the 'occurrence'. In such event, released directly from an "auto" any coverage afforded by this policy part designed by Its far the "occurrence" will be subject manufacturer to hold, store, to the pollution exclusions of the receive or dispose of such "underlying Insurance" and to the *pollutanW', and conditions, limits and other bThe 'bodily injury,' property , provisions of this policy. In the event damage' or 'covered! pollution that "underlying "underlying insurance" Is not maintained with limits of liability a$ I cost or expense* does not arise set forth in the Schedule of out of the operation of any Underlying Insurance Policies, following equipment: coverage under any Of the 1. Air corn pressors, pumps and provisions of this exception does not generators. Including apply- spraying, welding, bullding Exception b. does not apply to: cleaning, geophysical exploration, lighting or well "Bodily injury�* or �property damagew servicing equipment and arising out of the actual, alleged of 11. Cherry pickers and similar threatened discharge, dispersal, devices mounted on seepage, migration, release or escape of 'pollutants": automoble or truck chassis and used to raise or lower (1) That are, or that are contained workers, in any property that is: Paragraphs (2) and (3) above do not (a) Being transported or towed apply to "accidents" that occur away by, handled, or handled for from promises owned by or rented movement into, onto or to an Insured" with respect to from, any "auto,` pollutants' not in or upon an "auto", Page 2 of 14 Porm XL 00 03 0916 covered by the underlying insurance" it a. The "pollutants" or any property In which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of the 'auto', and b. The discharge, dispersal, seepage, migration, release or escape of the *pollutants" Is caused directly by such upset, overturn or damage. 2. Workers Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any simptar law, 3. Contractual Liability Liability assumed by the 'insured' under any contract or agreement with respect to an "occurrence" taking place before the contract or agreement is executed. 4. Personal And Advertising Injury This policy does not apply to 'personal and advertising Injury,". EXCEPTION This exclusion does not apply to the extent that coverage for such "personal and advertising injury' is provided by "underlying insurance', but in no event shall any "personal and advertising injury" coverage provided under this policy apply to any cAaim or "suit' to which "underlying insurance' does not apply. Any coverage restored by this EXCEPTION applies only to the extent that such coverage provided by the *underlying insurance" is maintained having limits as set forth in the Schedule of Underlying Insurance Policies. 5. Underlying Insurance Any Injury or dzmaqe, a. Covered by *underlying lnsurancc' but for any defense which any underlying insurer may assert because of the "Insureds" failure to comply with any condition of its policy, or b. For which *damages' would have been payable by "underlying insurance" but for the actual or alleged Insolvency or financial impairment of an underlying insurer. 6. Aircraft "Bodily injury* or 'property damage" arising out of the ownership, operation, maintenance, use, entrustment to others, loading or unloading of any aircraft: a. Owned by any 'insured'; or b. Chartered or loaned to any insured". This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "occurrence' which caused the "bodily injury" or "property damage' involved the ownership, maintenance, use or entrustment to others of any aircraft that Is owned or operated by or rented or loaned to any insured, This exclusion does not apply to aircraft that is: a. Hired, chartered or loaned with a paid crew, but b. Not owned by any "Insured'. This exclusion does not apply to "bodily injury' to any of your 'employees' arising out of and In the course of their employment by you• 7. Watercraft "Bodily injury or 'property damage" arising out of the ownership, operation, maintenance, use, entrustment to others, loading or unloading of any watercraft. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an Insured, If the 'occurrence' which caused the "bodily injury* or "property damage" involved the ownership, maintenance, use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured, This exclusion does not apply to: a. Watercraft you do not own that is: (i) Less than 61 feet long, and (2) Not being used to carry persons or property for a charge, b. *Bodily injury' to any of your "employees" arising out of and in the course of their employment by you: or c. Any watercraft while ashore on premises owned by, rented to or controlled by you. 8. War Any injury or damage, however caused, arising, directly or Ind IrecIty, out of. a. War, including undeclared or civil war; or Fora XL DO 03 09 19 Page 3 of 14 b. Warlike action by a military force, including action in hindering or defending against are actual or expected attack, by any government, sovereign a other authority using military personnel or ether agents: or c, Insurrection, rebellion, revolution, usurped power, or action taken by governmental aulho rily in hindering or defending against any of [here. 9. Damage To Properly "Property damage" to property you own. 10. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it, 11. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and Included In the "faroducts-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, 12. Damage To Impaired Property Or Property Not Physically Injured "Properly damage" to "impaired property" or properly thal has not been physically injured, awing out of., a. A defect, deficiency, inadequacy or dangerous condition in "your product" or "Your work"; or b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to loss of use of other property arising out of sudden and accidental physical Injury to "your product" or "your work" after it has been put to Its intended usa, 13. Recall Of Products, Work Or Impaired Property Marriages" claimed for any loss, mast or expense incurred by you or others for the loss of use, withdrawal, recall. inspection. repair, replacement, adjustment, removal or disposal of: a., "Your product'; b. "Your work"; or c, "Impaired Property"; 0 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, defrclency, Inadequacy at dangerous condition in It. 14. EKpiected Or Intended "Bodily injury-" or "property damage," expected or intended from the standpoint of the ensured", This exclusion does not fly to bodily injury" or 'property damage" resulting from the use of reasonable force to garroted persons or properly, 15- Employer Ltability Coverage afforded any of your "employees4' for "bodly Injury(" or "personal and advertising injury'. a. To other "employees" arising out of and in the course of their employment; b. To the spouse, child, parent., brother or sister of that "employee" as a consequence of such "bodily injury" to that "employee". c. To you or, any of your partners- or members, (if you are a partnership, joint venture), or your members (it you are a limited liability company); or d. Arising out of the providing or fading to provide professional health care services - Subparagraphs a. and b, of this exclusion apply: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligtalion to share "damages„ with or repay someone else who must. pay "damages" because of the injury. EXCEPTION Subparagraphs a, and b. of this exclusion do not apply if "underlying insurance* is maintained providing coverage for such liability with minimum underlying limits, as describes[ in the Schedule of Underlying Insurance Policies, 16. Property Damage To Employee's Property Coverage afforded any of your "employees'! for "property damage" to property yawned or occupied by or rented or loaned tot a. That "employee"; b. Any of your other'"ernployeee,, c. Any of your partners or members li f you are a partnership or joint venture), or d. Any of your members (if you are a limited liability company), Page 4 of 14 Form XL 00 03 0916 17. Uninsured Or Undarinsured Motorists 20. Asbestos Any claim for Any injury, damages. loss, cost or expense,, a. Uninsured or Undarinsured Motorists including but not limited to "bodily injury', Coverage-, "property damage' ckr "personal and b. Personal Jinjury protection,, advertising injury' arising out of, or relating 'asbestos to, in whole or in part, the hazard" a. Property protection,, or that: d. Any similar' no-fault coverage by a. May be awarded or incurred by reason whatever name called: of any claim or suit alleging actual or Unless this policy is endorsed to provide threatened Injury or damage of any such coverage, nature of kind to persons or property 18. Employment Practices Liability which would not have occurred in whole or in part but for the 'asbestos hazard'; 0. Any Injury or damage to� or (i) A person arising out of any., b. Arise out of any request, demand, order, (a) refusal to employ that person,- or statutory or regulatory requirement (b) Termination of that person's that any insured or others lost for, employment, or monitor, clean up, remove, encapsulate, contain. treat, detoxify or neutralize or in (c) Employment -related practices, any way respond to at assess the policies. acts or omissions, such effects of any 'asbestos hazard"; or as but not limited to, coercion, demotion, evaluation, c. Arise out of any claim or suit for reassignment, discipline, damages because of testing for, defamation, harassment, monitoring, cleaning up, removing, humiliation, discrimination or encapsulating, containing, treating, makious prosecution directed detoxifying or neutralizing or in any way at that person; or responding to or assessing the effects of (2) The spouse, child, parent, brother or an 'asbestos hazard'. sister of that person, as a 21. Racing And Stunting Activities consequence of any injury or "Bodily injury" or 'property damage' arising damage to that person at whom any out of the ownership, operation, of the employment -related practices maintepanoe, use, entrustment to others. or described In paragraphs (a), (b), or loading or unloading of any "auto' or "mobile (c) above Is directed. equipment' while being used in any, This exclusion applies: a. Prearranged or organized racing, speed 1. Whether the injury -causing event or demolition contest; described In part (1) above occurs b. Stunting activity; or before employment, during c. Preparation for any such contest or employment or after employment of activity. that person-, 22. Access Or Disclosure Of Confidential Or ii. Whether the 'insured" may be liable Personal Information And Data -related as an employer or in any other Liability capacity, and Damages arising out of, Ill. To any obligation to share "damages" with or repay someone a. Any access to or disclosure of any el -se who must pay "damages" person's or organization's confidential or because of the Injury, personal information. Including cluding patents, trade secrets, processing methods, 119, Employee Retirement income Security customer lists. financial Information, Act credit card information, health Any liability arising out of Intentional or information or any other type of unintentional violation of any provision of the nonpublic information, cc Employee Retirement Income Security Act b. The loss of, loss of use of, damage to, of 1974, Public Law 93-406 (commonly corruption of, Inability to access, or referred to as the Revision Act of 1974), or inability to manipulate electronic data. any amendments to them. This exclusion applies even if damages are claimed for notification costs, credit Form XL 00 03 09 15 Page 5 of 14 monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above, However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury", As used In this exclusion, electronic data means Information, facts or programs stored as or on, created or used on. or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 23. Limited Underlying Coverage Any injury, damage, loss, cost or expense, including but not Ifmiled to'"bodily injury", "property damage' or 'personal and advertising injury' for which: a. an 'underlying Insurance' policy or policies specifically provides coverage; but bs because of a provision within the .underlying insurance' such coverage Is provided at a limit or limits of ins wance that are less than the limit(s) for the . underfying insurance' policy or policies shown on the Schedule of Underlying Insurance Policies, 24. Recording And Distribution Of Material Or Information In Violation Of Law Any injury, damage, loss. cost or expense, including but not limited to "bodily injury", "property damage", or "personal and advertising injury* arising directly or indlwtly out of any action or omission Ithat violates or is alleged to violate: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law, b. The CAN-SPAM Act of 2003, Including any amendment of or addition to such law,, c. The Fair Credit Reporting Act (FCRA), and any amendment of of addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or cl. Any federal, stale or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicaflng or distribution of material or 1 nform ation. SECTION 11 - INVESTIGATION, DEFENSE, SETTLEMENT A. With respect to "bodily injury", "properly damage or "personal and advertising Injury" to which this insurance applies (whether or not the "self -insured retention" applies) and 1. For which no coverage is provided under any "underlying Insurance"; or 2. For which the underlying limits of any "underlying insurance' policy have been exhausted solely by payments of "dam ages" because of "occurrences" during the "policy period', We., 1. Will have the right and the duty to defend any 'suit' against the 'Insured' seeking 'darnages' on account thereof, even if such "suit" is groundless, false or fraudulent; but our fight and duty to defend end when we have used tip the applicable limit of Insurance in the payment of judgments or settlements under Coverages afforded by this policy: 2. May make such Investigation and settlement of any claim or 'suiV as we deem expedient; 3. Will pay all expenses incurred by us, all court costs taxed against the "insured" in any 'suir defended by us and all interest on the entire amount of any judgment therein which accrues after the entry of the judgment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the applicable limit of insurance. 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, 4. Will pay all premiums on appeal bonds required In any such "suit', premiums an bonds to release attachments In any such .suit' for an amount not in excess of the applicable limit of insurance, and the cost of bail bonds required of the 'insured" because of an accident or traffic law violation arising out of the operation of any vehicle to which this policy applies, but we will have no obligation to apply for or furnish any such bonds; S. Will pay all -reasonable expenses incurred by the "insured' at our request in assisting us in the investigation or defense of any claim or "suit", including actual loss of earnings not to exceed S500 per day per 'Insurecr� and the amounts so incurred, except settlement of claims and *suits," are not subject to the 'self - Page 6 of 14 Form XL 00 03 0916 insured retention" and are payable In addition to organization other- than a pannershlp, joint any applicable limit of insurance_ venture or limited liability company) or your The "Insured' agrees to reimburse us promptly managers (it you are a limited liabiti(y for amounts paid in settlement of claims or company), but only for acts; "suits"' to the extent that such amounts are within a. Within the scope of their employment by the 'self -insured retention". you or while performing duties related to B. You anise to arrange (or the 'Investigation, the conduct of your business-, and defense or settlement of any claim or "suit" in h. Only K such "volunteer workers' or any country where we may be prevented by law 'employees" are insureds under from carrying out this agreement. We will pay .underlying insurance" with limits of defense expenses incurred with our written liability no less than stated in the consent in connection with any such claim or Schedule of Underlying Insurance '"suit" in addition to any applicable limit of Policies, subject to all the coverage, insurance. We MI also promptly reimburse you terms, conditions and limitations of such for our proper share, but subject to the "underlying Insurance', applicable limit of insurance, of any settlement "self 2. Any person or organization with whom you above the -insured retention" made with our agreed, because of a written contract, written consent. written agreement or because of a permit C. We will have the tight to associate at our issued by a state or political subdivision, to expense with the "Insured' or any underlying provide insurance such as is afforded under insurer in the investigation, defense or this policy, but only with respect to your settlement of any claim or `suit" which in out operations, "your work' or facilities owned or opinion may require payment hereunder. In no used by you, event, however, will we contribute to the cost This provision does not apply, and expenses Incurred by any, underlying insurer, a, Unless the written contract or written SECTION III -WHO IS AN INSLIRED agreement has been executed, or the permit has been issued prior to the A. If 'you are doing business as: 'bodily Injury," 'property damage,' or 1. An individual, you and your spouse are "personal and advertising injury", and 'insureds". but only with respect to the b. Unless limits of liability specified in such conduct of a business of which you are the written contract, written agreement or sole, owner- permit is greater than the limits shown 2, A partnership or joint venture, you are an for *underlying insurance', or "Insured", Your members, your partners, and c. Beyond the period of time required by their spouses are also "insureds", but only the written contract oc written with respect to the conduct of your business. agreement, 3* A limited liability company, you are an 3. Any person or organization having proper 'Insured', Your members are also temporary cAistody of your property it you "insureds". but only with respect to the die, but only: conduct of your business. Your managers "Insureds', a. With respect to liability arising out of the are but only with respect to their maintenance or use of that property; duties as your managers. and 4. An organization other than a partnership, b. Unfit your legal representative has been Joint venture or limited liability company, you appointed. are an "insured'. Your 'executive officers" and directors are *Insurreds'. but only with 4, Your legal representative if you die, but only respect to their duties as your officers or with respect to his or her duties as such - directors, Your stockholders are also That representative will have all your rights "insureds", but only with respect to their and duties under this policy, liability as stockholders. C. With respect to 'auto', any "insured" in the 5. A trust, you are an 'insured'. Your trustees . undertying insurance' is an *Insured' under this are also 'Insureds', but only with respect to insurance policy, subject to all the limitations of therdutes as trustees, such 'underlying insurance", B. Each of the f6lowing is atso an 'Insured"-, D. Any organization you newly acquire or form, 1. Your 'volunteer workers' only while other than a partnership, joint venture or limited liability company. and over which you maintain performing duties related to the conduct of financial interest of more than 50% of the voting your business, of your *employees,' other "executive stock, will qualify as an 'insured' if there is no than your officers' (11 you are an Form XL 00 03 69 16 Page 7 of 14 other similar insurance available to that organization. However 1. Coverage under this provision is afforded only until the 1$0th day after you acquire or form the organization or the end of the "policy period", whichever is earlier, 2. This insurance does not apply to "bodily injury" or "property damage that occurred before you acquired or formed the organization; and 3. This insurance does not apply to 'personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. E. Each person or organization. not Included as an 'insured* in Paragraphs X, 8-, C_ or D,, who is an "insured' in the "underlying insurance" is an "insured" under this insurance subject to all the terms, conditions and limitations of such 'underlying insurance'. No person or organization is an "insured* with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named insured In the Declarations. With respect to any person or organization who is not an Insured" under *underlying Insurance, coverage under this policy shall apply only to loss in excess of the amount of the "underlying insurance' or 'self -insured retention" applicable to you. However, coverage afforded by reason of the provisions set forth above applies only to the extent: (i) Of the scope of coverage provided by the "underlying Insurance* but in no event shall coverage be broader than the scope of coverage provided by this policy and any endorsements attached hereto-, and (it) That such coverage provided by the '"underlying insurance' is maintained having limits as sat forth in the Schedule of Underlying Insurance Policies, SECTION IV - LIMITS OF INSURANCE A. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: 1. 'Insvreds: 2. Claims made or "suits" brought, 3. Persons or organizations making claims or bringing "sufts`, or 4. Coverages under which damages are covered under this policy, B. The Limit of Insurance stated as the Generat Aggregate Limit is the most we will pay for the sum of *damages', other than 'damages".,. 1. Because of injury or damage included within the "products -completed operations hazard`; 2. Because of 'bodily injury" by disease to your qemployeee arising out of and in the course of their employment by you; and 3. Because of "bodily injury' and 'property damage" arising out of the ownership, operations, maintenance, use, entrustment to others, loading or unloading of any "auto". C. The Limit of Insurance stated as the Products Completed Operations Aggregate Limit is the most we will pay for 'clamagee because of injury or damage included within the "producis- completed operatlons hazard*. D. The Limit of Insurance stated as the Bodily Injury By Disease Aggregate Limit is the most we will pay for 'damages' because of 'bodily injury* by disease to your "employees' arising out of and in the course of their employment by you, E. Subject to B., C-, or D above, whichever applies. the Each Occurrence Limit is the most we will pay for 'damages" because of all "bodilylnjuryft, "property damage*, and 'personal and advertising injury" arising out or any one *occurrence*. F. Our obligations undar this insurance end when the applicable Limit of Insurance avaiWe is used up. if we pay any amounts for "damages* in excess of that Limit of Insurance, you agree to reimburse us for such amounts. G. The Limits of Insurance of this policy 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 ft Declarations. However, if the *policy period" is extended after issuance for an additional period of less than 12 months, the additional period will be deemed part of the last preceding period for the purpose of determining the Limits of Insurance. SECTION V - NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) A. The insurance does not apply: 1. To "bodily Injury" or 'property damage": a. With respect to which an "insured' under the policy is also an insured under a nuclear energy liability policy 'Issued by Nuclear Energy Liability insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for Its termination upon exhaustion of its limit of liability, or b. Resulting from the 'hazardous properties' of "nuclear material" and Page 8 of 14 Form XL 00 03 09 16 with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "insured" is. or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of Amedca, or any agency thereof, with any person w organlzafion. 2. To "bodily injury or "property damage" resulting from the "hazardous propertiesw of "nuclear material* If; a. The "nuclear malenal" (a) is at any `nuclear facility" owned by. or operated by or on behalf of, an 'insured' or (b) has been discharged or dispersed therefrom: b. The *nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an 'insuted% or c. The "bodily injury' or 'property damage" arises out of the furnishing by an *insured' of services, materials, parts or equiprinent in connection with the planning, oonstructon, maintenance, operation or use of any 'nuclear facitiV, but if such facility is located within the United States of America, Its territories or possessions or Canada, this exclusion c. applies only to "property damage" to such "nuclear facility* and any property thereat. B. As used in this exclusion-, "Hazardous properties" include radioactive, toxic or explosive properljes; "Nuclear material' means 'source material", 'special nuclear material' or 'by-product material", "Source material'. „'speCjaf nuclear material" and "by-product material" have the meanings given them in he Atomic, Energy Act of 1954 or in any law amendatory (hereof-, "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used Or exposed to radiation in a "nuclear reactor-, 'Waste' means any waste material (a) containing 'by-product material' other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material' content, and (b) resulting from the operation by any person or organization of any "nuclear facility' Included under the first two paragraphs of the definition of "nuclear facility'. 'Nuclear facIlAy' means- (1) Any 'nuclear reacitcir'-, (2) Any equipment or device designed or used for (a) separating the Isotopes of uranium or plutonium, (b) processing or utilizing Ospent fuel," or (c) handling, processing or packaging 'waste% (3) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time [tie total amount of such material in the custody of the 'insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (4) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste*; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations-, "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to oontaln a critical mass of fissionable material; "Property damage includes all forms of radioactive contamination of property, SECTION V1 - CONDITIONS A. Premium All premiums for this policy shall be computed In accordance with Item 5 of the Declarations- The premium stated as such In the Defdarations is a deposit premium only which shall be credited to the amount of any earned premium. At the close of each 'policy period', the earned premium shall be computed for such period, and upon notice thereof to the Named Insured first shown In the DeclaraVons shall become due and payable by such Named trisured. If the total earned premium for the "policy period" is less than the premium previously paid and more than the minimum premium, we shall return to such Named Insured the unearned portion paid by such Named Insured. The Named Insured first shown in the Declarations shall maintain records of such information as Is necessary for premium computation. and shall send copies of such records to us at the end of the 'policy period" and at such times during the 'policy period' as we may direct. B. Inspection And Audit We shall be permitted but not obligated to inspect your property and operations at any Form XL 00 03 0916 Page 9 of 14 time. Neither our right to make inspections, not the making thereof, nor any report thereon, shall constitute an undertaking on your behalf or for your benefit or that of others to determine or warrant that such property or operations are: 1. Safe; 2, Healthful: or 3. In compliance with any law, rule or regulation. We may examine and audit your books and records at any time during the "policy period" and extensions thereof and within three years after the final termination of this policy, insofar as they relate to the subject matter of this policy. C. Duties In The Event Of Occurrence, Claim Or Suit I. You must see to it that we are notified as soon as practicable of an *occurrence' which may result In a claim under this policy, This requirement applies only when such "occurrence" Is known to any of the following_ a, You or any additional insured that is an individual b. Any partner, if you or an additional insured are a partnership; c, Any manager, it you or an additional insured are a limited liability company, d. Any "exec uLlve officer" or insurance manager, if you or an additional insured are a corporation, a. Any trustee, 9 you or an additional insured Is a trust- or C Any elected or appointed official, if you or an additional insured is a political subdivision or public entity, This duty applies separately to you and any additional insured. To the extent possible. notice should include: a. How. when and where the "occurrence" took place,, b. The names and addresses of any injured persons and witnesses, and C. The nature and location of any injury or damage arising out of the 'occurrence" or "offense", 2. 11 a clalTn is made or "suV Is brought against any insured, you must, a. Immediately record the specifics of the claim or 'suit' and the date received; and b. Notify us in writing as soon as practicable it the claim is likely to exceed the amount of the "self -insured retention" or "underlying insurance". whichever applies. 3. You and any other involved insured must: a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim, or "suit" involving or likely to involve a sum in excess of any "self - insured retention" or "underlying insurance', whichever applies'; b. Authorize us to obtain records and other Information; c. Cooperate with us in the Investigation or settlement of the claim or defense against the 'suit'; and d, Assist us, upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this policy or any iundedying insurance" -el or 'self -insured retention" may apply. 4. No insured will, except at that insured's own cost, make or agree to any settlement for a sum in excess of": a, The total limits of 'underlying insurance'; or b The "self -insured retention' if no .underlying lnsurance" applies without our consent, 5. No Insureds will. except at that insuredrS own cost, make a payment, assume any obligation, or incur any expenses, other than first aid, without our consent. D. Assistance And Cooperation Of The Insured The 'insured' shall: 14 Cooperate with us and comply with all the terms and conditions of this policy; and 2. Cooperate with any of [he underlying insurers as required by the terms of the "underlying insurance" and comply with all the terms and conditions thereof. The "insured' shall enforce any right of conlribution of indemnity against any person or organization who may be liable to the Insured" because of "bodily Injury". Pproperty damage' or "personal and advertising injury" with respect to this policy or any 'underlying insurance". E. Legal Action Against Us No person or organization has a right under this policy., a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or Page 10 of 14 Form XL 00 03 09 16 b. To sue us on this policy unless all of its terms and those of the 'underlying insurance" have been fully corn plied Mth. A person or organtzation 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 policy or that are in excess of the limit of Iiabillty. An agreed settlement means a setilement and release of liability signed by us, the Insured and the cAsimant or the cla[manrs legal representative. F. Appeals In the event the "insured" or the 'Insured's" underlying Insurer elects not to appeal a judgment In excess of the "underlying insurance' or the "self -insured reteritlon,' we may elect to make such appeal, at our cost aFtd expense. If we so elect, we shall be liable in addition, to the applicable Limit of Insurance, for the: 1. Taxable costs; 2. Disbursements, and 3. Additional interest incidental to such appeal; But in no even( will we be liable for "damages' In excess of the applicable aggregate Limit of Insurance. If a judgment is rendered in excess of the limits of "underlying insurance' and we offer to pay our full share of such judgment, but you or your underlying insurers elect to appeal it, you, your underlying insurers or both will bear. a. The cost and duty of obtaining any appeal bond. b. The taxable costs, disbursements and additional Interest incidental to such appeal, and c, Any increase In damages over the amount the matter could have been settled for after the verdict was entered and before the appeal was filed, G, Other insurance This policy shall apply in excess of all 'underlying Insurance whether or not valid and collectible. It shall also apply in excess of other valid and collectible insurance (except other insurance purchased specifically to apply in excess of this insurance) which also applies to any loss for which insurance is provided by this policy. These excess provisions Apply, whether such other insurance Is stated to be, 1. Primary, 2. Contributing,, 3. Excess-, or 4. ContingenL H. Transfer Of Rights Of Recovery Against Others To Us 1. Transfer Of Rights Of Recovery It the insured has rights to recover all or a part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after a loss to impair them, At our request, the insured will bring'suit or transfer those rights to us and help us enforce them, a. Recoveries shall be applied to reimburse: (1) First, any Interest (including the Named Insured) that paid any amount in excess of our limit of liability-, (2) Second, us, along with. any other Insurers having a quota share interest at the same level; (3) Third, such interests (Including the Named Insured) of whom this Insurance is excess, However-, a different apportionment may be made to effect settlement of a claim by agreement signed by all interests. b. Reasonable expenses Incurred in the exercise of rights of recovery shall be apportioned among all interests in the ratio of their respective losses for which recovery is sought. 2. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the 'insured" has waived any rights of recovery against arils person or organization for all or part of any payment we have m ado under this policy, we also waive that right, provided the "insured" waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage, 1. Changes This policy contains all the agreements between you and us concerning the insurance afrorded. Notice to any agent, or knowledge possessed by any agent or any other person shall not effect a waiver or a change in any part of this poliry. or stop us from asserting any rights under the terms of this pal icy. The Named Insured first shown in the Declarations is authorized on behalf of all "Insureds" to agree with us on changes in the terms of this policy, If the terms are changed, the changes will be shown in an endorsement issued by us and made a part of this polJcy, Form XL 00 03 09 16 Page 11 of 14 J. Separation Of Insureds Except with respect to the Limits of Liability, and any rights or durfes specifically assigned in this policy to the Named Insured first shown in the dedarations, this insurance applies: a. As if each Named Insured were the only Named Insured: and b- Separately to each insured against whom claim is made or suir is brought. KMaintenance Of Underlying Insurance Policies affording in total the coverage and limits stated in the Schedule of Underlying Insurance Policies shall be maintained in full effect during the currency of this policy. Your failure to comply with the foregoing shall not invalidate this policy, but in the event of such failure, we shall be liable only to the extent that we would have been liable had you complied herewith. The Named Insured first shown in the Declarations shall give us written inotice as soon as practicable of any of the following'. 1, Any change In the coverage or in the limits of any "underlying Insurance*, including but not limited to a change from occurrence coverage to claims made coverage; 2. Termination of part or all of one or more of the policies of 'underlying Insurance": 3. Reduction or exhaustion of an aggregate limit of liability of any 'underlying Insurance". The 'self -insured retentiori" shall not apply should the 'underlying Insurance' be exhausted by the payment of claims or 'sub' which are also covered by this policy. L. Cancellation 1. Vie Named Insured first shown in the Declarations may cancel this policy by mailing or delivering to us or to any of our authorized agents advance written notice of cancellailon, 2. We may cancel this policy by mailing or delivering to the Named Insured first shown in the Declarations at the address shown in this policy, written notice of cancellation at least: a. 10 days before the effective date of cancellation If such Named Insured tails to pay the premium or any installment when due; or b. 30 days before the effective date of cancellation if we cancel for any other reason, 3. It notice is mailed, proof of mailing will be sufficient proof of notice, Notice Will stale the effective date of cancellation. The 'policy period will end on that date. Delivery of such notice by the Named Insured first shown in the Declarations or by us will be equivalent to mailing. 4. it tho Named Insured first shown in the Declarations cancels, the refund may be less than pro rats, but we will retain any minimum premium stated as such in the Declarations. If we cancel, the refund will be pro rata. The cancellation will be effective even of we have not made or offered a refund, M. Non -Renewal 1. it we decide not to renew, we w1if mail or deliver to the Named Insured first shown in the Declarations, at the address shown In this policy, written notice of non -renewal at least 30 days before the and of the "policy period". 2. If notice is mailed, proof of mailing will be sufficient proof of notice, 3. If we offer to renew but such Named Insured does not accept, this policy will not be renewed at the end of the current "policy period", N. Workers' Compensation Agreement With respect to 'bodily Injury" to any officer or other employee arising out of and in the course of employment by you, you represent and agree that you have not abrogated and will not abrogate your common-law defenses under any Workers' Compensation Law by rejection of such law or otherwise. If at any firm during the "policy period' you abrogate such defenses, the insurance for 'bWjly injury' to such officer or other employee automatically terminates at the same time, O. BanUruptey Or Insolvency In the event of the bankruptcy or insolvency of the "Insured" or any entity comprising the 'Insured', we chaff not be relieved of any of our obligafions under this policy, P. Representations By accepting this policy, you agree, a. The statements in the Declarations are accurate and cam plete, b. The statements in the Schedule Of Underlying Insurance Policies are accurate and complete-, c. The statements in a and bL are based upon representations You made to us: d. We have issued this policy In reliance upon your representations" and e. If unintentionally you should fail to disclose all hazards at the Inception of this policy, we shall not berry coverage under this policy bemuse of such failure. Page 12 of 14 Form XL 00 03 0916 SECTION Vill - DEFINITIONS Except as otherwise provided In this section or amended by endorsement, the words or phrases that appear In quotation marks within this policy shall follow the definitions of the applicable '.underlying Insurance' policy. "Accident" includes continuous or repeated exposure to the same conditions resulting in Obodily Injury" or "°property damage "Asbestos hazard" means, an exposure or threat of exposure to the actual or alleged properties of asbestos and Includes the more presence of asbestos in any form. "Auto" means: a. A land motor, vehicle, trailer or semitrailer designed for travel on public roads. including any attached machinery or equipment. or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, *auto` does nol. include "mobile equipment", "Covered pollution cost or expense" means any cost or expense arising out OF 1. Any request, demand, order or statutory or regulatory requirement. or 2. Any claim or 'suit" by or on behalf of a governmental authority demanding that the 'insured' or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess he effects of "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of 'pollutants': (1) That are, or that are contained in any property that is: a. Being transported or lowed by, handled, or handled for movement Into, onto or from, any "auto'; b. Otherwise in the course of transit by or on behalf of the "insured% or c. Being stored, disposed of, treated or processed in or upon any *auto". or (2) Before ft 'pollutants" or any property in which the "pollutants' are contained are moved from the place where they are, accepted by the "ensured' for movement into or onto any "auto'!,, or (3) After the "pollutants" or any property in whiO The 'poliulants' are contained are moved from any "auto" to the place where they are finally delivered, disposed of or abandoned by the "Insured',, Paragraph a. above does not apply to fuels. lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of an 'auto*. covered by the 'underlying insurance" or its parts, if: (1) The "pollutants' escape, gasp, migrate, or are discharged or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants'; and (2) The 'bodily injury.' "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in paragraphs Cb and S.c. of the definition of "mobile equipment". Paragraphs b. and c, above do not apply to 'accidents' that occur away from premises owned by or rented to an "Insured" with respect to 'pollutants" not in or upon an "auto' covered by the 'underlying insurance" if- (1) The "pollutants" or any prop" In which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of the 'auto'; and (2) The discharge, dispersal, seepage, migration, release or escape of the 'pollutants* is caused directly by such upset, overtures or damage, "Damages" include prejudgment interest awarded against the *Insured' on that part of the judgment we pa Y- 'Damages' do not include: 1. Fides'. 2. Penalties,, or 3. Damages for which insurance is prohibited by the law applicable to the construction of this policy, Subject to the foregoing, 'damages' include damages for any of the following which result at any time from "bodily injury" to which this policy applies: 1. Death-, 2. Mental anguish-, 3. Shock; 4. Disability-, or 5. Care and loss of se rvices or consortium. "Insured" means any person or organization qualifying as an insured in tha applicable WHO, IS AN INSURED provision of this policy. The insurance afforded applies separately to each "insured" against whom claim is made or *suit" is brought, except with respect to the limit of our liability under LIMITS OF INSURANCE (SECTION IV), "Occurrence" means 1. With respect to -Wdily injury' or *property damage"- an accident, Including continuous or Form XL 00 03 09 10 Page l3ref 14 repealed exposure to substantially the same general harmtul conditions, and 2. With respect to "personal and advertising injury": an offense described in one of the numbered subdivisions of than definition in the. "underlying insurance". "Poticy period" means the period begirinirg with the inception date stated as such in the Declarations and ending with the earlier of 1. The date of cancellation of this pollicy,, or 2. The expiration date stated as such in the Dec€arations, "Self -insured retention." means the amount stated as swh in lie {Declarations which is retained and payable by the 'insured' with respect to each "occurrence", "Underlying insurance" means the insurance policies listed in the Schedule of Underlying Insurance Policies, including any renewals or replacements thereof, which provide the underlying coverages and limits stated in the Schedule of Underlying insurance Policies, The limit of "underlying insurance' includes. 1. Any deductible amount; 2. Any participation of any "insured"; and 3. Any "self -insured retentiW above or beneath any such ,policy; Less the amount, I any, by which the aggregate limit of such insurance has been reduced by any payment relating to any act, error, ornission, injury, damage or offense for which insurance is provided by this policy,, including Medical Payments Coverage as described in the 'underlying insurance." The coverages and limits of such policies and any such deductible amount, participation or "self -Insured retention' shall be deemed to be applicable regardless of: 1. Any defense which any underlying insurer may assert because of the "insured's' failure to comply with any condition of its policy: or 2. The actual or alleged insolvency or financial impairment of any underlying insurer or any "insured', The risk of insolvency or financial impairment of any undedying insurer or any "insured" is borne by you and not by tis. Page 14 of 14 form XL 00 03 09 16 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 Fourt Avenue South Kent, WA 968032 "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 McCoy Levee Repair, City of Kent. GeoEngineers No. 0410-172-13 EXPIRATION DATE 12/31/21 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 fdr 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