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HomeMy WebLinkAboutCAG2022-028 - Amendment - #1 - Seattle Junk King - On-Call Clean Up and Disposal - 09/20/2022ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingComments: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached AMENDMENT - 1 OF 2 AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Totem Logistics, Inc.(DBA Seattle Junk King) CONTRACT NAME & PROJECT NUMBER: On-Call Clean Up ORIGINAL AGREEMENT DATE: January 24, 2022 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 there are many sites left to clean. 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 $115,000 Net Change by Previous Amendments including applicable WSST $0 Current Contract Amount including all previous amendments $115,000 Current Amendment Sum $0 Applicable WSST Tax on this Amendment $0 Revised Contract Sum $115,000 Original Time for Completion 9/30/22 (insert date) Revised Time for Completion under N/A prior Amendments (insert date) Add] Days Required (f) for this 92 calendar days Amendment Revised Time for Completion 12/31/22 (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: CITY OF KENT: Digitally signed by Michael Mactutis Michael Mactutis DNcn=Michael Mactutis,o=Otyof Kent,ou=Public Works Department, email=mma<tutis@kentwa gov, By: _b By: Date: 2022,09,2011:0431-02'00' } (signature) (signature) Print Name: DAVID SCOTT PAGE Print Name: Michael Mactutis, P.E. Its PRESIDENT Its Environmental Engineering Manager (title) (title) DATE: 09-20-2022 DATE: 09/20/2022 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) L;L 4�04) Kent City Clerk Kent Law Department Totem Logistics - On -Call Clean Up Amd 1/Donati AMENDMENT - 2 OF 2 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(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 rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD TOTEM-2 OP ID: MC 06/20/2022 Megan Clegg Premier NW Insurance 421 High St #200 Oregon City, OR 97045 Craig Sopke 503-655-6344 503-655-2035 mclegg@premiernw.net Firemen's Ins of Washington DC Evanston Insurance Company Totem Logistics dba Seattle Junk King 308 Clay Street NW Auburn, WA 98001 A X 1,000,000 X X X CPA6051142 06/17/2022 06/17/2023 300,000 10,000 1,000,000 2,000,000 X 2,000,000 1,000,000A X X X CPA6051142 06/17/2022 06/17/2023 XX 2,000,000A CPA6051142 06/17/2022 06/17/2023 2,000,000 10,000X B CPLMOL111809 06/17/2022 06/17/2023 Per Occur 1,000,000 Aggregate 2,000,000 Certificate Holder is additional insured as respects their interest in the operations of the named insured on a primary & non-contributory basis, and a waiver of subrogation applies per forms CA 0149 0721, CL CG 0492 1018 & CG 0114 0916. All operations of the named insured subject to policy conditions, limitations & exclusions. CITYO60 City of Kent 220 Fourth Avenue South Kent, WA 98032 503-655-6344 21784 Cont Pollution SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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 rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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 rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) (Per accident) (Ea accident) $ $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER $EACH OCCURRENCE $AGGREGATE $ N / A AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE EXCESS LIAB UMBRELLA LIAB OCCUR CLAIMS-MADE DED RETENTION $ OTHER:$ SUBR WVD ADDL INSD 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence)ISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 98032 $1,000,000 ENV562008508-00 02/18/2022 CITY OF KENT $2,000,00002/18/2023 02/02/2022 Totem Logistics Inc 308 Clay St. NW WA Tukwila Bravo Insurance Company LLC 14167WAGuideOne National Insurance Company Auburn WA Kent 98001 CONTRACTORS POLLUTION LIABILITY EACH POLL CONDITION AGGREGATE Y Certificate Holder is named as an Additional Insured per form GO 2212 - 4YA 10 17. ***10 Day Notice for Non-Payment of Premium*** 220 FOURTH AVENUE SOUTH A 4220 S 164th St Suite #101 98188 COMMERCIAL AUTO CLCA01490721 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. A. NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following is added to Paragraph A.1. Who Is An Insured of Section II - Covered Autos Liability Coverage: Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company or any organization excluded either by this Coverage Part or by endorsement, and over which you maintain ownership or majority interest of more than 50 percent will qualify as a Named Insured. However: This insurance does not apply to any newly acquired or formed organization that is an "insured" under any other automobile policy or would be an "insured" under such policy but for its termination or the exhaustion of its Limit of Insurance. 2. Coverage does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 3. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT The following is added to Paragraph A.1., Who Is An Insured of Section II - Covered Autos Liability Coverage: Such person or organization is an additional "insured" only to the extent such person or organization is liable for "bodily injury" or "property damage": because of the conduct of an "insured" under Paragraphs a. or b. under Paragraph A.1. Who Is An Insured of Section II - Covered Autos Liability Coverage, caused by an "accident' and resulting from the ownership, maintenance or use of a covered "auto"; 2. The written contract or agreement described above must have been executed prior to the "accident" that caused the "bodily injury" or "property damage" and be in effect at the time of such "accident'; 3. The insurance afforded to any such additional "insured" does not apply to any "accident" beyond the period of time required by the written contract or agreement described above; 4. The most we will pay on behalf of such additional "insured(s)" is the lesser of: a. The Limits of Insurance specified in the written contract or agreement described above; or b. The Limits of Insurance shown in the Declarations. This provision shall not increase the Limit of Insurance shown in the Declarations in this policy or coverage part; and When you have agreed in a written contract or 5. The following changes are made to Paragraph agreement to include a person or organization as 5. Other Insurance of B. General Conditions an additional "insured", such person or under Section IV - Business Auto Conditions: organization is included as an "insured" subject to a. The following is added to Paragraph 5.a.: the following: If required by the written contract or agreement described above, the CL CA 0149 07 21 Includes copyrighted material of Insurance Services Page 1 of 5 Office, Inc., with its permission insurance afforded to the additional insured under this provision will be primary to, and will not seek contribution from, the additional insured's own insurance. b. Paragraph 5.c. is deleted in its entirety. 6. Paragraph A.1.c. under Section II - Covered Autos Liability Coverage is deleted in its entirety. 7. The definition of "insured contract" under Section V - Definitions is amended to add the following: An "insured contract" does not include that part of any contract or agreement: That pertains to the ownership, maintenance or use of an "auto" and which indemnifies a person or organization for other than the vicarious liability of such person or organization for "bodily injury" or "property damage" caused by your operation or use of a covered "auto". However, a person or organization is an additional "insured" under this provision only to the extent such person or organization is not named as an "insured" by separate endorsement to this policy. C. EMPLOYEES AS INSUREDS The following is added to Paragraph A.1. Who Is An Insured Section II - Covered Autos Liability Coverage: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. INCREASED COVERAGE- BAIL BONDS The Supplementary Payments Coverage Extension of Section II - Covered Autos Liability Coverage is amended as follows: The Limit of Insurance in paragraph A.2.a.(2) is increased to $5,000. E. INCREASED COVERAGE - LOSS OF EARNINGS The Supplementary Payments Coverage Extension of Section II - Covered Autos Liability Coverage is amended as follows: The Limit of Insurance in paragraph A.2.a.(4) is increased to $1,000. F. FELLOW EMPLOYEE COVERAGE The Fellow Employee Exclusion contained in Section II -Covered Autos Liability Coverage does not apply. This coverage is excess over any other collectable insurance. G. COVERAGE EXTENSION -TRANSPORTATION EXPENSES Paragraph AA.a. Transportation Expenses of Section III - Physical Damage Coverage is amended as follows: 1. The Limits of Insurance are increased to $75 per day to a maximum of $2,500. 2. We will also pay reasonable and necessary expenses to facilitate the return of the stolen "auto" to you. 3. It is agreed and understood and it is our stated intent that expenses incurred by you underthe Transportation Expenses Coverage Extension will not also be covered or paid under the Rental Reimbursement Coverage provided by this endorsement or any rental reimbursement coverage added by separate endorsement to this policy. H. EXTENDED COVERAGE -AIRBAGS The following is added to Exclusion B.3.a. of Section III - Physical Damage Coverage: However, this exclusion does not apply to the unintended discharge of an airbag. This coverage is excess over any other collectible insurance or warranty providing such airbag coverage. I. AUTO LOAN/LEASE GAP COVERAGE The following is added to Section III - Physical Damage Coverage, Paragraph C. Limits of Insurance. 4. In the event of a total "loss" to a covered "auto", we will pay the lesser of: a. Any unpaid amount due on the lease or loan for a covered "auto", less: (1) The amount under the Physical Damage Coverage section of the policy; and (2) Any: (a) Overdue lease/loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases; or b. $5, 000. Page 2 of 5 Includes copyrighted material of Insurance Services CL CA 0149 07 21 Office, Inc., with its permission However, this provision does not apply to the extent loan/lease gap coverage has been provided by separate endorsement to this policy. J. GLASS REPAIR - NO DEDUCTIBLE The following is added to Paragraph D. Deductible of Section I I I - Physical Damage Coverage: Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" to glass breakage when you elect to patch or repair rather than replace the glass. This provision does not apply to any covered "auto" provided Physical Damage Coverage under CA 04 21 - Full Safety Glass Coverage. K. INCREASED COVERAGE - ELECTRONIC EQUIPMENT The $1,000 limit indicated in Paragraph C.1.b. under Section III - Physical Damage Coverage is increased to $2,500. L. EXTENDED COVERAGE - PERSONAL PROPERTY The following is added to Paragraph AA Coverage Extensions of Section III - Physical Damage Coverage: Physical Damage Coverage on a covered "auto" may be extended to "loss" to your personal property or, if you are an individual, the personal property of a family member, that is in the covered "auto" at the time of "loss" and caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". The insurance provided by this coverage extension is excess over any other collectible insurance. The most we will pay for any one "loss" under this coverage extension is $500. However, our payment for "loss" to personal property will only be for the account of the owner of the property. Under this provision, personal property does not include and we will not pay for "loss" of currency, coins, securities or contraband. No deductible applies to this coverage extension. M. TOWING Paragraph A.2. Towing of Section III - Physical Damage Coverage, is replaced by the following: If a private passenger type "auto" or light truck "auto" (0-10,000 Lbs. GVW) is provided both Comprehensive and Collision Coverage, we will pay up to $150 for towing and labor costs incurred each time such "auto" is disabled. If a medium, heavy or extra -heavy truck or extra -heavy Truck - tractor "auto" (greater than 10,000 Lbs. GVW) is provided both Comprehensive and Collision Coverage, we will pay up to $250 for towing and labor costs incurred each time such "auto" is disabled. However, the labor must be performed at the place of disablement. N. FIRE EXTINGUISHER RECHARGE The following is added to Paragraph A.4, Coverage Extensions of Section IV - Physical Damage Coverage: When fire extinguishers are kept in your covered "auto" and any are discharged in an attempt to extinguish a fire, we will pay the lesser of the actual cost of recharging or replacing such fire extinguisher(s). No deductible applies to this coverage. O. HIRED AUTO PHYSICAL DAMAGE COVERAGE The following is added to Paragraph A.4. Coverage Extensions of Section III - Physical Damage Coverage: If hired "autos" are covered "autos" for Covered Autos Liability Coverage and if Physical Damage Coverage is provided for any "auto" you own, then the Physical Damage coverages provided are extended to "autos" you lease, rent, hire or borrow from someone other than your "employees", partners or members of their households subject to the following: 1. The most we will pay in any one "loss" is the lesser of: a. The actual cash value of the "auto"; b. The cost to repair or replace the "auto"; or C. $100, 000. 2. Paragraph 1. above is subject to a deductible. The deductible shall be equal to the amount of the highest deductible shown for any owned "auto" of the same classification for that coverage. In the event there is no owned "auto" of the same classification, the highest deductible for any owned "auto" will apply for that coverage. No deductible will apply to "loss" caused by fire or lightning. 3. Hired Auto Physical Damage Coverage is subject to the following: a. If symbol 8 is shown in the Covered Auto section ofthe Declarations pageforany of the Physical Damage coverages, then the Hired Auto Physical Damage coverage described in this endorsement does not apply- b. O her than indicated in Paragraphs a. directly above, coverage provided under this provision will be excess over any other collectible insurance or coverage. CL CA 0149 07 21 Includes copyrighted material of Insurance Services Page 3 of 5 Office, Inc., with its permission 4. In addition to the limit set forth in Paragraph 1. above we will pay up to $500 per day, to a maximum of $3,500 per "loss" for: a. Any costs or fees associated with the "loss" to a hired "auto"; and b. Loss of use of the hired "auto", provided it is the consequence of an "accident" for which you are legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. However, Paragraph AA.b. Loss of Use Expenses under Section III - Physical Damage Coverage of the Business Auto Coverage Form does not apply. P. RENTAL REIMBURSEMENT COVERAGE We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". 1. Payment applies in addition to the otherwise applicable amount of each coverage you have on the covered "auto". 2. No deductible applies to this coverage. 3. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the expiration date of the policy, with the lesser of the following number of days: a. The number of days when the covered "auto" has been repaired or replaced, or b. 45 days. 4. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred; or b. Not more than $75 for any one day; 5. We will pay up to an additional $300 for the reasonable and necessary expenses you incur to remove your materials and equipment from the covered "auto" and replace such materials and equipment on the rental "auto". 6. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 7. If "loss" resultsfrom the total theft of covered "auto" of the "private passenger type", we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension of the Business Auto Coverage Form or any endorsements thereto. However, this provision does not apply to the extent that rental reimbursement is provided by separate endorsement to this policy. Q. DRIVE OTHER CAR COVERAGE 1. The following is added to Section II - Covered Autos Liability Coverage: a. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by: (1) You, if you are designated in the Declarations as an individual; (2) Your partners or members, if you are designated in the Declarations as a partnership orjoint venture; (3) Your members or managers, if you are designated in the Declarations as a limited liability company; (4) Your executive officers if you are designated in the Declarations as an organization other than an individual, partnership, joint venture or limited liability company; and (5) The spouse of any person named in Paragraphs Q.1.a.(1). through Q.1.a.(4) while a resident of the same household; Except: (a) Any "auto" owned by that individual orby any memberof his or her household. (b) Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". 2. Changes In Auto Medical Payments And Uninsured And Underinsured Motorists Coverages The following is added to Who Is An Insured: Any individual named in 1.a above and his or her "family members" are "insured" while "occupying" or while a pedestrian when being struck by any "auto" you don't own except: Any "auto" owned by that individual or by any "family member". 3. Changes In Physical Damage Coverage Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in thecare, custody or control ofany individual named in Q.1.a. above or his or her spouse while a resident of the same house -hold except: a. Any "auto" owned by that individual or by any member of his or her household; or Page 4 of 5 Includes copyrighted material of Insurance Services CL CA 0149 07 21 Office, Inc., with its permission b. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". 4. The most we will pay for the total of all damages under Covered Autos Liability Uninsured Motorists Coverage and Underinsured Motorists Coverage is the Limit Of Insurance shown in the Declarations as applicable to owned "autos". 5. O r obligation to pay for, repair, return or replace damaged or stolen property under Physical Damage Coverage, will be reduced by a deductible equal to the amount of the highest deductible shown for any owned private passenger type "auto" applicable to that coverage. If there are no owned private passenger type "autos", the deductible shall be $250 for Comprehensive Coverage and $500 for Collision Coverage. No deductible will apply to "loss" caused by fire or lightning. 6. Additional Definition As used in this DRIVE OTHER CAR Provision: "Family member" means a person related to the individual named in 1.a. by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. R. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT OR LOSS The following is added to Paragraph A.2. of Section IV - Business Auto Conditions: Your obligation to provide prompt notice of an "accident", claim, "suit' or"loss" is satisfied if you or a person designated by you to be responsible for insurance matters is notified of, or in any manner made aware of an "accident", claim, "suit" or "loss" and provides us such notice as soon as practicable S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Paragraph A.5 of Section IV - Business Auto Conditions: We waive any right of recovery we may have against a person or organization because of payments we make for "bodily injury" or "property damage" when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: 1. Such written contractor agreement was: a. Made prior to the "accident" or "loss" resulting in the covered "bodily injury" or "property damage"; and b. Was in effect at the time of the covered "bodily injury" or "property damage". 2. The covered "bodily injury" or "property damage" must arise out of the operations specified in such written contract or agreement. 3. At our request you must provide us with a copy of the aforementioned written contract or agreement. T. UNINTENTIONAL OMISSIONS The following is added Paragraph B.2. of Section IV - Business Auto Conditions: If you fail to disclose any hazards existing at the inception date of this policy, such failure will not prejudice the coverage provided to you. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. U. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. CL CA 0149 07 21 Includes copyrighted material of Insurance Services Page 5 of 5 Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY CL CG 04 92 10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 8 GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Provision Name Of Coverage Extension Included or Limit of Insurance A.Miscellaneous Additional Insureds Included B.Expected Or Intended Injury Or Damage Included C.Knowledge Of Occurrence Included D.Legal Liability –Damage To Premises Rented To You (Fire, Lightning, Explosion, Smoke,Or Leakage From Automatic Fire Protective Systems) $300,000 E.Medical Payments See Declarations F.Mobile Equipment Redefined Included G.Newly Formed Or Acquired Organization,Partnership Or Limited Liability Company And Extended Period Of Coverage Included H.Who Is An Insured –Amendment Included I.Non-Owned Watercraft (Increased to maximum length of less than 51 feet) Included J.Supplementary Payments –Increased Limits 1.Bail Bonds $ 3,000 2.Loss Of Earnings $ 1,000 K.Unintentional Omission Or Unintentional Error In Disclosure Included L.Waiver Of Transfer Of Rights Of Recovery Against Others Included M.Liberalization Clause Included N.Incidental Medical Malpractice Included The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. The provisions of the Commercial General Liability Coverage Part apply except as otherwise provided in this endorsement.This endorsement applies only if such Coverage Part is included in this policy. A.MISCELLANEOUS ADDITIONAL INSUREDS 1.Section II –Who Is An Insured is amended to include as an insured any person or organization (referred to as an additional insured below) described in Paragraphs A.1.c.(1)through A.1.c.(9)below when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy, provided that: a.The written contract or written agreement is: (1)Currently in effect or becoming effective during the term of this policy; and (2)Fully executed by you and the additional insured prior to the "bodily CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 8 injury", "property damage" or "personal and advertising injury". b.The insurance afforded by this provision does not apply to any person or organization included as an additional insured by a separate endorsement issued by us and made a part of this policy or coverage part. c.Only the following persons or organizations are additional insureds under this provision, with coverage for such additional insureds limited as provided herein: (1)Persons or Organizations For Whom Operations Are Performed (a)Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured to your policy; and (b)Any other person or organization you are required to add as an additional insured under the contract or agreement described in paragraph (a)above. (c)Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: (i)Your acts or omissions; or (ii)The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. (d)With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to: (i)"Bodily injury","property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1.1)The preparing,approving, or failing to prepare or approve,maps, shop drawings, opinions,reports, surveys, field orders, change orders or drawings and specifications; or (1.2)Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. (ii)"Bodily injury" or "property damage" occurring after: (1.1)All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (1.2)That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. (2)Managers Or Lessors Of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 8 you and subject to the following additional exclusions: This insurance does not apply to: (a)Any "occurrence" which takes place after you cease to be a tenant in that premises. (b)Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. (3)Mortgagee, Assignee Or Receiver A mortgagee, assignee, or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a covered premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. (4)Owners Or Other Interests From Whom Land Has Been Leased An owner or other interest from whom land has been leased to you but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (a)Any "occurrence" which takes place after you cease to lease that land. (b)Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. (5)Lessor Of Leased Equipment Any person(s) or organization(s) from whom you lease equipment but only with respect to liability for "bodily injury","property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). A person’s or organization’s status as an additional insured under this endorsement ends when their written contract or written agreement with you for such leased equipment ends. This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (6)State, Municipality, Governmental Agency Or Subdivision Or Other Political Subdivision –Permits Or Authorizations Relating To Premises Any state, municipality, governmental agency or subdivision or other political subdivision subject to the following additional provisions: (a)This insurance applies only with respect to: (i)The following hazards for which the state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: (1.1)The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or (1.2)The construction, erection or removal of elevators; or (1.3)The ownership, maintenance or use of any elevators covered by this insurance. (ii)Operations performed by you or on your behalf for which the state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization. CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 4 of 8 (b)This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality, governmental agency or subdivision or other political subdivision. (7)Controlling Interest Any person(s) or organization(s) with a controlling interest in the Named Insured but only with respect to their liability arising out of: (a)Their financial control of you; or (b)Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such person(s) or organization(s). (8)Co-Owner Of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owner’s liability as co-owner of such premises. (9)Vendors (a)Any person(s) or organization(s) (referred to as vendor), but only with respect to "bodily injury"or "property damage"arising out of "your products"which are distributed or sold in the regular course of the vendor’s business. The insurance afforded the vendor does not apply to: (i)"Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a written contract or written agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the written contract or written agreement; (ii)Any express warranty unauthorized by you; (iii)Any physical or chemical change in the product made intentionally by the vendor; (iv)Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (v)Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (vi)Demonstration,installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (vii)Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (viii)"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: (1.1)The exceptions contained in Sub- paragraphs (iv)or (vi); or (1.2)Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 5 of 8 in the usual course of business, in connection with the distribution or sale of the products. (b)This insurance does not apply to any insured person or organization, from whom you have acquired products, or any ingredient, part or container,entering into, accompanying or containing such products. 2.With respect to coverage provided by this Provision A. Miscellaneous Additional Insureds, the following additional provisions apply: a.Any insurance provided to an additional insured designated under Paragraphs A.1.c.(1)through A.1.c.(8)above does not apply: (1)To "bodily injury"or "property damage"included within the "products-completed operations hazard"; or (2)To "bodily injury","property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. b.The insurance afforded to such additional insured only applies to the extent permitted by law. c.The insurance afforded to such additional insured will not be broader than that which you are required to provide by the written contract or written agreement. 3.With respect to the insurance afforded to the additional insureds within this Provision A. Miscellaneous Additional Insureds, the following is added to Section III –Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a.Required by the written contract or written agreement; or b.Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations. B.EXPECTED OR INTENDED INJURY OR DAMAGE Exclusion 2.a. Expected Or Intended Injury of Section I –Coverage A –Bodily Injury And Property Damage Liability is deleted and replaced by the following: a.Expected Or Intended Injury Or Damage "Bodily injury"or "property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage"resulting from the use of reasonable force to protect persons or property. C.KNOWLEDGE OF OCCURRENCE Paragraph 2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV –Commercial General Liability Conditions is deleted and replaced by the following: a.You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim only when the "occurrence"or offense is known to: (1)You, if you are an individual; (2)A partner, if you are a partnership; (3)A manager, if you are a limited liability company; or (4)An "executive officer"or the "employee" designated by you to give such notice, if you are an organization other than a partnership or a limited liability company. To the extent possible, notice should include: (i)How, when and where the "occurrence" or offense took place; (ii)The names and addresses of any injured persons and witnesses; and (iii)The nature and location of any injury or damage arising out of the "occurrence" or offense. D.LEGAL LIABILITY –DAMAGE TO PREMISES RENTED TO YOU (Fire, Lightning, Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) If damage to premises rented to you is not otherwise excluded from this policy or coverage part, then the following provisions apply: 1.Under Section I –Coverage A –Bodily Injury And Property Damage Liability, the last paragraph (after the exclusions) is deleted and replaced by the following: CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 6 of 8 Exclusions c.through n.do not apply to damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in Section III –Limits Of Insurance. 2.The paragraph immediately after Sub- paragraph j.(6)of Paragraph 2. Exclusions of Section I –Coverage A –Bodily Injury And Property Damage Liability is deleted and replaced by the following: Paragraphs (1),(3)and (4)of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems) 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. 3.Paragraph 6.of Section III –Limits Of Insurance is deleted and replaced by the following: 6.Subject to Paragraph 5.above, the greater of: a.$300,000; or b.The Damage To Premises Rented To You Limit shown in the Declarations, is the most we will pay under Coverage A for damages because of "property damage" to premises while rented to you, or in the case of damage by fire, lightning, explosion, "smoke",or leakage from automatic fire protective systems, while rented to you or temporarily occupied by you with permission of the owner. This limit will apply to all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, "smoke", leakage from automatic fire protective systems, or other covered causes of loss or any combination thereof. 4.Subparagraph b.(1)(a)(ii)of Paragraph 4. Other Insurance of Section IV – Commercial General Liability Conditions is deleted and replaced by the following: (ii)That is fire, lightning, explosion, "smoke" or leakage from automatic fire protective systems insurance for premises rented to you or temporarily occupied by you with permission of the owner; 5.Subparagraph a.of Definition 9."Insured contract" of Section V –Definitions is deleted and replaced by the following: a.A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, "smoke" or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". 6.As used in this Provision D. Legal Liability – Damage To Premises Rented To You: "Smoke" does not include smoke from agricultural smudging, industrial operations or "hostile fire". E.MEDICAL PAYMENTS The Medical Expense Limit is changed, subject to the terms of Section III –Limits Of Insurance, to the Medical Expense Limit shown in the Declarations. F.MOBILE EQUIPMENT REDEFINED Subparagraph f.(1)of Definition 12."Mobile equipment" of Section V –Definitions is deleted and replaced by the following: (1)Equipment with a gross vehicle weight of 1,000 pounds or more and designed primarily for: (a)Snow removal; (b)Road maintenance, but not construction or resurfacing; or (c)Street cleaning; G.NEWLY FORMED OR ACQUIRED ORGANIZATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY AND EXTENDED PERIOD OF COVERAGE Paragraph 3.of Section II –Who Is An Insured is deleted and replaced by the following: 3.Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or: a.Majority interest of more than 50% if you are a corporation; b.Majority interest of more than 50% as a general partner of a newly acquired or formed partnership; and/or CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 7 of 8 c.Majority interest of more than 50% as an owner of a newly acquired or formed limited liability company; will qualify as a Named Insured if there is no other similar insurance available to that organization. However, for these organizations: (i)Coverage under this provision is afforded only until the next anniversary date of this policy’s effective date after you acquire or form the organization, partnership or limited liability company, or the end of the policy period, whichever is earlier; (ii)Section I –Coverage A –Bodily Injury And Property Damage Liability does not apply to "bodily injury"or "property damage"that occurred before you acquired or formed the organization, partnership or limited liability company; (iii)Section I –Coverage B –Personal And Advertising Injury Liability does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization, partnership or limited liability company; (iv)Coverage applies only when operations of the newly acquired organization, partnership or limited liability company are the same or similar to the operations of insureds already covered under this insurance; (v)Coverage only applies for those limited liability companies who have established a date of formation as recorded within the filed state articles of organization, certificates of formation or certificates of organization; and (vi)Coverage only applies for those partnerships who have established a date of formation as recorded within a written partnership agreement or partnership certificate. H.WHO IS AN INSURED –AMENDMENT The last paragraph of Section II –Who Is An Insured is deleted and replaced by the following: No person or organization is an insured with respect to the conduct of any: a.Current partnership or limited liability company, unless otherwise provided for under Paragraph 3.of Section II –Who Is An Insured; b.Current joint venture; or c.Past partnership, joint venture or limited liability company; that is not shown as a Named Insured in the Declarations. I.NON-OWNED WATERCRAFT Subparagraph (2)of Exclusion 2.g. Aircraft, Auto Or Watercraft of Section I –Coverage A – Bodily Injury And Property Damage Liability is deleted and replaced by the following: (2)A watercraft you do not own that is: (a)Less than 51 feet long; and (b)Not being used to carry persons or property for a charge. J.SUPPLEMENTARY PAYMENTS –INCREASED LIMITS Section I –Supplementary Payments – Coverages A And B is changed as follows: 1.The limit shown in Paragraph 1.b.for the cost of bail bonds is changed from $250 to $3,000; and 2.The limit shown in Paragraph 1.d.for loss of earnings because of time off from work is changed from $250 a day to $1,000 a day. K.UNINTENTIONAL OMISSION OR UNINTENTIONAL ERROR IN DISCLOSURE The following provision is added to Paragraph 6. Representations of Section IV –Commercial General Liability Conditions: However, the unintentional omission of, or unintentional error in, any information given or provided by you shall not prejudice your rights under this insurance. This provision does not affect our right to collect additional premium or to exercise our right of cancellation or non-renewal. L.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV –Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" and included in the "products-completed operations hazard"when you have agreed in a written contract or written agreement that any right of recovery is waived for such person or organization. This waiver applies only to the CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 8 of 8 person(s) or organization(s) agreed to in the written contract or written agreement and is subject to those provisions. This waiver does not apply unless the written contract or written agreement has been executed prior to the "bodily injury" or "property damage". However, if any person or organization is separately scheduled on a separate waiver of transfer of rights of recovery which is attached to this policy, then this waiver does not apply. M.LIBERALIZATION CLAUSE The following is added to Section IV – Commercial General Liability Conditions: If we adopt a mandatory attachment form change which broadens coverage under this edition of the Commercial General Liability CG0001 for no additional charge, and those changes are intended to apply to all insureds under this edition of CG0001, that change will automatically apply to your insurance as of the date we implement the change in your state. This liberalization clause does not apply to changes implemented through introduction of a subsequent edition of the Commercial General Liability form CG0001. N.INCIDENTAL MEDICAL MALPRACTICE 1.Paragraph 2.a.(1)(d)of Section II –Who Is An Insured does not apply to a physician, nurse practitioner, physician assistant, nurse, emergency medical technician or paramedic employed by you if you are not in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 2.This provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow Paragraph 4.b.of Section IV – Commercial General Liability Conditions. COMMERCIAL GENERAL LIABILITY CL CG 01 14 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CL CG 01 14 09 16 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION (ADDITIONAL INSURED) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph (v) is added to Paragraph (1)(a) of Paragraph b. Excess Insurance under Paragraph 4. Other Insurance of Section IV – Commercial General Liability Conditions, as follows: (1)This insurance is excess over: (a)Any of the other insurance, whether primary, excess, contingent or on any other basis: (v)That is available to any person or organization who has been added as an additional insured to this policy by endorsement. However, with respect to an additional insured added by endorsement for liability caused, in whole or in part: 1.By your acts or omissions, or the acts or omissions of those acting on your behalf: (a)In the performance of your ongoing operations; or (b)In connection with your premises; 2.By your maintenance, operation or use of equipment leased to you by such person or organization; or 3.By “your work” performed for that additional insured and included in the “products-completed operations hazard”; this insurance shall be primary to and will not seek contribution from the additional insured’s own insurance if you and such additional insured have agreed prior to loss in a written contract or written agreement, in effect during this policy period, that this insurance be primary and noncontributory as respects liability described in Subparagraph (1)(a)(v)1., (1)(a)(v)2. or (1)(a)(v)3. above. However, this insurance, in all cases, is excess over any other liability insurance available to the additional insured to which such person or organization has been added as an additional insured. <!-Bookmark:PRIMARY AND NONCONTRIB - OTHER INS_CL CG 01 14_09/16:EndBoomark-!>