HomeMy WebLinkAboutCAG2020-377 - Amendment - #2 - GeoEngineers, Inc. - Desimone Levee Repair Design Review - 12/12/2022Ap
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Originator:Department:
Date Sent:Date Required:
Director or Designee to Sign.
Interlocal Agreement Uploaded to Website
Date of Council Approval:
Grant? Yes No
Type:
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Date Routed to the City Clerk’s Office:
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Vendor 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
CAG2020-377
2
AMENDMENT - 1 OF 2
AMENDMENT NO. 2
NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc.
CONTRACT NAME & PROJECT NUMBER: Desimone Levee Repair
ORIGINAL AGREEMENT DATE: November 23, 2020
This Amendment is made between the City and the above-referenced Consultant or
Vendor and amends the original Agreement and all prior Amendments. All other provisions of
the original Agreement or prior Amendments not inconsistent with this Amendment shall remain
in full force and effect. For valuable consideration and by mutual consent of the parties,
Consultant or Vendor’s work is modified as follows:
1. Section I of the Agreement, entitled “Description of Work,” is hereby modified to
add additional work or revise existing work as follows:
In addition to work required under the original Agreement and any
prior Amendments, the Consultant or Vendor shall:
No change to the scope of work, however an amendment is
needed to extend the time of completion to December 31, 2024
due to the US Army Corps of Engineers design is not ready for
the Consultant to review and provide comments.
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
$19,391
Net Change by Previous Amendments
including applicable WSST
$0
Current Contract Amount
including all previous amendments
$19,391
Current Amendment Sum $0
Applicable WSST Tax on this
Amendment
$0
Revised Contract Sum $19,391
Original Time for Completion
12/31/21
(insert date)
Revised Time for Completion under
12/31/22
prior Amendments
(insert date)
Add] Days Required (f) for this
730 calendar days
Amendment
Revised Time for Completion
12/31/24
(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:
By:
By: mo�r
(signature)
(signature)
Print Name: Lyle 1. Stone, PE
Print Name: Carla Maloney, P.E.
Its Associate
Its Design Engineering Manager
(title)
(title)
DATE: December 12, 2022
DATE: A [A
ATTEST:
APPROVED AS TO FORM:
(applicable if Mayor's signature required)
k&4
Kent City Clerk
Kent Law Department
GeoEngineers - Desimone Levee Amd 2/Hallock
AMENDMENT - 2 OF 2
Client#: 326119 GEOENINC2ACORD. CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
JRTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
;LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE ISSUtNG TNSURER(S), AUTHORTZED
REPHESENTATIVE OR PFODUCER, AND THE CERTIFICATE HOLDER.
COVERAGES CERTIFICATE NUMBER:REVISION NUMBEB:
DATE (MM/DD/YYYY)
6t23t2022
IMPORTANT: ll the certilicate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL
lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certilicate does not confer any rights to the certilicate holder in lieu ol such endorsement(s).
INSURED provisions or be endorsed.
Please See Below
l'fiEnno. e,o, 206 441-6300 610-362-8530
Seattle.P
INSUREB(S) AFFORDING COVERAGE NAIC #
PRODUCER
USI lnsurance Services NW CL
601 Union Street, Suite 1000
Seattle, WA 98101
1NSURER A. Harttord Fire lnsurance Company 19682
1N5URER B, Hartford Casualty lnsurance Company 29424
tNsuFER c. Hartford - WC Multiple lssuing Cos 0091 4
INSURER D
INSURER E :
GeoEngineers, lnc.
17425 NE Union Hill Road, Suite 250
Redmond, WA 98052
INSURED
INSURER F:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEENISSUED TOTHE INSURED NAMEDABOVE FORTHE POLICYPERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREN{ENT, TERM OR CONDITIONOF 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 TEBMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIN4ITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSUFANCE INSR POLICY NUMBER
POLICY EFFlMM/DD/YYVYI POLICY bXP(MM/DDiYYYY)LIMITS
A COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGBEGATE LIMIT APPLIFS PER:
POLICY
OTHER:
PRO.JEcr | | roc
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
X x
AUTOS
NON-OWNED
AUTOS ONLY
X
x
X X 52UUNOLs662 )6t30t2022 06t30t2023 EACH OCCURRENCE $1.000.000
$300.000
MED EXP (Anv one oerson)s 1 0.000
PERSONAL & ADV INJUNY s1,000,000
GENERAL AGGREGATE $2,000,000
PRODUCTS - COMP/OP AGG s2,000,000
$
X X s2uENOL5663 )6t30t2022 06t30t2023 s1,000.000
BODILY INJURY (Per person)$
BODILY INJURY (Per accident)$
$
$
B X UMBBELLA LIAB
EXCESS LIAB
x OCCUR
CLAIMS,MADE
X X 52XHUOL5664
(Follow Form)
)6t30t2022 06130t2023 EACH OCCURRENCE 000
AGGREGATE 000
DFI')x nereNrroru s1 0000 $
c WOFKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/NANY
(Mandalory in NH)
lf yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
x 52WEOL6H8D
lncludes:
StopGap/MEL/USL&H
)6t30t2022 06t30t2023 X PERQadtt tTtr ) IH.
R
E.L. EACH ACCIDENT s1.000.000
E,L, DISFASE. EA EMPLOYEE s1.000.000
E.L. DISEASE - POLICY LIMIT s1.000.000
**prease Nore: rhe ri'"dT#l,';H5iT;lrT#';lii,l#,iiTfii!",",fi"filii;iiTtT;:T:?[T;:"ff:iff iiiS Named
Insured, bul are shown as evidence that coverage is carried with the limits at least as high as is required
by contract.**
RE: GeoEngineers Proiect #0410-176-03, Design Review of DeSimone Levee Repairs, Kent, Washington. The
General Liability and Automobile Liability policies include an automatic Additional lnsured endorsement that
(See Attached Descriptions)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVEREO IN
ACCORDANCE WITH THE POLICY PROVISIONS,
City ol Kent
220 Fourth Avenue South
Kent, WA 98032-0000
*"*a &^_
AUTHOFIZED BEPRESENTATIVE
ACORD 25 (2016/03) 1
#s36389381i M363501
ol 2
29
O 1988-2015 ACORD CORPORATION. All righls reserved
The ACORD name and logo are registered marks ol ACORD
DYGZP
DESCRIPTIONS (Gontinued from Page 1)
provides Additional lnsured status to City ol Kent, only when there is a written contract that requires such
status, and only with regard to work perlormed on behalf of the named insured. The General Liability and
Automobile Liability policies contain a special endorsement with Primary and Noncontributory wording, when
required by written contract. The General Llability, Automobile Liability and Workers Compensation poticles
provide a Waiver ol Subrogation when required by written contract. The General Liability policy includes a
Separation ol lnsured Provision, when required by written contract. The General Liability policy includes
General Aggregale Limit - Per Project Endorsement, when required by written contract. The General Liability,
Automoblle Liability and Workers Compensation policies include an endorsement providing that 30 days notlce
ol cancellation will be glven to the certificate Holder by the Insurance carrier.
I
)
SAGITTA 25.3 (2016/03) 2 ol2
#s36389381 /M363s01 29
POLICYNUMBER: 52 UUN OL566?COMMERCIAL GENERAL LIABILITY
cG 20 10 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED _ OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insuranee provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
AS REQUIRED BY WR]TTBN CONTRACT
{lf no entry appear$ above, informatlon required to complete this endorsement will be shown in the Deolarations
as applicable to this endorsement.)
A. Section ll - Who ls An lnsured is amended to
include as an insured the person or organieation
shown in the Schedule, but only with respect to
liability arising out of your ongoing operations
performed for that insured.
B. With respect to the insurance afforded lo these
additiona{ insureds, the following exclusion is
added:
2. Exclusions
This insurance does not apBly to "bodily in-
jury" or "property damage" occurring after:
{1} All work, including materials, parts or
equipment furnished in conneclion with
such work, on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the addi-
tional insured(s) at the site of the cov-
ered operations has been completed;
or
(2) That portion of "your work" oul of
which the injury or damage arises has
been put to its intended use by any
person or organization other than an-
other contractor or subcontractor en*
gaged in performing operations for a
principal as a part of the same project.
cG 20 10 10 01 Copyright, lnsurance Services Office, lnc., 2000 Page 1 of f
POLICY: 52UUN015662
AI.PNC.WOS.$l.OngOps.CO
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your"
refer to the Named lnsured shown in the
Declarations, and any other person or organization
qualifying as a Named lnsured under this policy. The
words "we", "us" and "our" refer to the siock
insurance company member of The Hart{ord
praviding this insurance"
The word "insured" means any person or
organization qualifying as such under Section ll *
Who ls An lnsured.
Other vrords and phrases that appear in quotation
marks lrave special nreaning. Refer to Section V *
Definilions.
$ECTION I- COVERAGES
COVERAGE A BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. lnsuring Agreement
a. We will pay tho$e sums that the insured
becomes legally obligated to pay as damages
because of '-bodily injury" or "property
damage" to which this insurance applies. We
will have the right and duty to defend the
insured againsl any "suit" seeking those
danrages. However, we will have no duty to
defend the insured against any "suit" seeking
damages for "bodily injury" or "property
damage" to which this insurance does not
apply. We may, at our discretion, investigate
any "occurrence" and settle any claim or "suit"
that may result. Butl
(1) The amount we will pay for damages is
limited as described in Section lll * Limits
Of lnsurance; and
(2) Our right and duty to defend ends when
we have used up the applicable linrit of
insurance in the payment of judgments or
setllements under Coverages A ar B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unle$s
explicitly provided for under Supplementary
Payments - Coverages A and B.
b. This insurance applies to "bodily injury" and
"praperty damage" only if:
{1} The "bodily injury" or "property damage" is
caused by an "occurrence" that takes
place in the "coverage territory";
{2} The "bodily injury" or "property damage"
occurs during the policy period; and
{3} Prior to the policy period, no insured listed
under Paragraph 1. of Section ll- Who ls
An lnsured and no "employee" authorized
by you to give or receive notice of an
"occurrence" or claim, knew that the
"bodily injury" or "property damage" had
occurred, in whole or in part. lf such a
listed insured or authorized "employee"
knew, prior to the policy period, that the
"bodily injury" or "property damage"
occurred, then any continuation, change
or resumption of such "bodily injury" or
"property damaqe" during or after the
policy period will be deemed to have b'een
known prior to the policy period.
c. "Bodily injury" or "properly damage" will be
deemed to have been knawn to have
occurred at the earliest time when any
insured listed under Paragraph'1. of $ection ll* Who ls An lnsured or any "employee"
authorized by you to give or receive notice of
an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily
injury" or "property damage" to us or any
other insurer:
{2} Receives a writt€n or verbal demand or
claim for damages because of the "bodily
injury" or "property damage": or
{3) Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to oecur.
d. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the "bodily
injury".
e. lncidental Medical Malpractice And Good
Samaritan Coverage
"Bodily injury" arising out of the rendering of
or failure to render the following health care
services by any "ernployee" or "volunteet
worker'shall be deemed to be caused by an
"occurrence" fclr:
HG 00 01 09 16 Page 1 of 2'l
@ 2016 The Hartford
(lncludes copyrighted material of lnsurance Services Office, lnc. with its permission.)
(1) Professional health care services such as:
(a) Medical, surgical, dental, laboratory, x-
ray or nursing services or treatnenl,
advice or instruction, or the related
furnishing of food or beverage$;
{b} Any health or therapeutic service,
treatment, advice or instruetion: or
{c) The furnishing or dispensing of drugs
or medical, dental, or surgical supplies
or appliances; or
(2) First aid services, which include:
{a} Cardiopulnronary resuscitation,
whether performed manually or with a
defibrillator; or
(b) Services performed as a Good
Sanraritan.
For the purpose of detennining 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 lncidental Medical Malpractice
And Good Samaritan Coverage provision
applies only if you are not engaged in the
business or occupation of providing any o{ the
services described in ihis provision.
2" Exclusions
This insurance does not apply io:
a. Expected Or lntended lnjury
"Bcdily injury" or "property damage" expectedor intended lrom lhe standpoint of the
insured. This exclusion does not apply to
"bodily injury" or 'property damage" resulting
fronr the use of reasonable force to protect
persons or property,
b. Contractual Liability
"Badily injury" or "property damage" for which
the insured is obligated to pay damages by
reason of the assumption of liability in a
contract or agreement. This exclusion does
not apply to liability for damages:
{1} That the insured would have in the
absence of the contract or agreementi or
(2) Assumed in a contract or agreement that
is an "insured conttact", provided the
"bodily injury" or "property damage"
occurs subsequent to the execution of the
contract or agreement. Solely for the
purposes of liability a$sumed in an
"insured contract", reasonable attorney
fees and necessary litigation expenses
incurred by or for a party other than an
insured are deemed t0 be damages
because of "bodily injury" or "property
danrage", provicled:
{a) Liability to such party for, or for the
cost of, that psrty'c defense has also
been assumed in the same "insured
contract"; and
(b) Such attorney fees and litigation
expense$ are for defense of that party
against a civil or alternative dispute
resolution proceeding in which
damages to which this insurance
applies are alleged.
c. Liquor Liability
"Bodily inlury" or "property damage" for which
any insured may be held liable by reason of;
(1) Causing or contributing to the intoxication
of any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohol; or
{3} Any statute, ordinance or regulation
relating to the sale, gift, distribution or use
of alcoholic beverages.
This exclusion applies even if the elaims
against any insured aliege negligence or
other wrongdoing in:
{a} The supervision, hiring, employment,
training or manitoring of others by that
insured; or
{b} Providing or failing to provide
transportation with respect to any
pqr$on that may be under the influence
of alcohol;
if the "occurrence" which caused the "bodily
injury" or "property damage", involved that
which is described in Paragraph {1}, {2} or (3)
absve.
However, this exclusion applies only if you
are in the business of manufacturing,
distributing, selling, serving or furnishing
alcoholic beverages. For the purposes of this
exclusion, permitting a person to bring
alcoholic beverages on your premises, for
consumption on your premises, whether or
not a fee is charged or a license is required
for sueh activity, is not by itself considered the
business of selling, serving or furnishing
alcoholic beverages.
d. Workers'Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any
similar law.
e. Employer's Liability
'Bodily injury" to:
t1) An "employee" of the insured arising out of
and in the course of:
Page 2 ot 21 HG 00 01 09 16
{a} Employment by the insured; or
(b) Performing duties retated to the
conduct of the insured's business; or
(2) The spouse, chitd, parent, brother or sister
of that "employee" as a consequence of
Paragraph {1) above.
This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with
or repay someone else who must pay
damage$ because of the injury.
This exclusion does nol apply to liability
assumed by the insured uncler an "insured
c0nlract".
f. Pollution
(1) "Bodify injury" or "property damage"
arising out of the actual, alleged or
threatened discharge, dispersal, seepage,
migration, release or escape of
"pollutants":
{a} At or from any premises, site 0r
location which is or vvas at any time
owned or occupied by, or rented or
toaned to, any insured. However, this
subparagraph does not apply to:
(i) "Bodily injury" if sustained within a
building and caused by smoke,
fumes, vapor 0r soot produced by
or originating from equipment that
is used to heat, cool or dehumidify
the building, or equipment that is
u*ed to h6at water fnr personal
use, by the building's occupants or
their guests;
(ii) "Bodily injury" or "property damage"
for which you may be held liable, if
you are a contractor and the owner
or lessee of such premises, site or
location has been added to your
policy as an additional insured with
respect to your ongoing operations
performed for that additional
insured ai that premises, site or
location and such premises, site or
location is not and never wa$
owned or occupied by, or rented or
loaned to, any insured, other than
that additional insured; or
(lii) "Bodily injury" or "property darnage"
arising out of heat, smoke or fumes
from a "hestile fire";
(b) At or from any premises, site 0r
Iocation which is or was at any time
used by or for any insured or others for
the handling, storage, disposal,
processing or treatment of wastei
{c) Which are or were at any time
transported, handled, stored, treated,
disposed of, or processed as waste by
or for:
(i) Any insured; or
{il} Any per$on or organization for
whom you may be legally
rcsponsible;
{d) At or from any premises, site 0r
location on which any insured or any
contractors or subcontractors working
directly or indirectly on any insured's
behalf are performing operations if the
"pollutants" are brought an or to the
prenrises, *ite or location in connection
with such operations by such insured,
contractor or subcontractor. However,
this subparagraph does not apply to:
(i) "Bodily injury" or "property damage"
arising sut of the escape of fuels,
lubricants or other operating fluids
which are needed to perform the
nornral electrical, hydraulic or
mechanical functions necessary for
the operation of "mobile equipment"
or its parts, if such fuels, lubricants
or other operating fluids escape
from a vehicle part designed to
hold, store or receive them. This
exception does not apply if the
"bodily injury" or "property damage"
arises out of the intentional
discharge, dispersal or release ofthe fuel*, lubricants 0r other
operating fluids, or if such fuels,
lubricants or other operating fluids
are brought on or t0 the premises,
$ite or locstion with the intent that
they be discharged, dispersed or
released as part of the operations
being performed by such insured,
contractor or subcontractor;
{ii} "Eodily injury" or "property damage"
sustained within a building and
caused by the release of gases,
furnes or vapors from materials
brought into that building in
connection with operations being
performed by you or on your behalf
by a contractor sr subcontractor; or
(iii) "Bodily injury" or "property damage"
ar ising oui of heai, smoke oi' fume s
from a "hostile fire"; or
(e) At or from any premises, site or
locatir:n on which any insured or any
conlractors or subcontractors working
HG 00 01 09't6 Page 3 of 21
directly or indirectly on any insured's
behalf are performing operations if the
operations are to test for, monitor,
clean up, rernove, contairr, treat,
detoxify or neutraliee, or in any way
respond i0, 0r assess the eflects of,
"pollutants".
(2) Any loss. cost ot expen$e arising out of
any:
(a) Request, demand, order or statutory or
regulatory requirernerrt that any
insured or other* test for, rnonitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants"; or
(b) Claim or sui{ 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 eflects 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 cla.im or "suit" by or
on behalf of a governmental authorjty-
g. Alrcraft, Auto Or Watercraft
"Bodily irrjury" or "property danrage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or
watercraft owned or operated by or rented or
loaned to any insured. Use includes operation
and "loading or unloading".
This exclusion applles even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, traininq or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft, "auto" or watercraft that Is cwned
or operated by or rentetJ 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 awn that is:
(a) Less than 51 feet long; and
(b) Not being used to cany persons for a
charge;
(3) Parking an "auto" on, or on the way$ next
to, premises you own or rent. provided the
"auto" is nol owned by or rented or loaned
to you or the insured:
(4) Liability assumed under any "insured
contracl" for the ownership, maintenanee
or use of aircraft or watercraft;
{5} "Bodily injury" or "property damage"
arising out of:
{a} The operation of machinery 0r
equipment that is attached to, or part
of, a land vehicle that would qualify
under the definition of "mobile
equipmeni" if it were not subject to a
compulsory or financial responsibility
law or other motor vehicle insurance
law where it is licensed or principaily
garaged; or
(b) The operation of any of the machinery
or equipment listed in Paragraph f.(2)
or f.(3) of the definiiion of "mobile
equipment"; or
(6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this exception
does not apply if the insured has any other
insurance far 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 while
in practice for, or while being prepared for,any prearranged racing, speed,
demolition, or stunting activity.
i. War
"Bodily injury" or "property damage", however
caused, arising, directly or indirectly, out of:
{1} War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expecled attack, by any
government, sovereign or other authority
using military personnel or other agents;
or
{3} lnsurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
j. Damage To Property
"Property damage" to:
Page 4 of 21 HG 00 01 09 16
(1) Property you own, ren!, or occupy,
including any co$ts or expenses incurred
by you, or any other person, organizationor entity, for repair, replacemont,
enhancement, restoration or maintenance
of such property for any rea$on, including
prevention of injury to a person or damage
to another's property;
(2) Premises you sell, give away or abandon,
if the "property danrage" arises oul of any
part of those premises;
(3) Property loaned to you;
(4) Fersonal property in the care, custody or
control of the insr:red;
(5) That particular parl of real property on
which you or any contraclors or
subcontractors
working clirectly or indirectly on your behalf
are performing operations, if the "property
damage^ arises out of those operations; or
(6) That particular pafl of any property that
must be restored, repaired or replaced
because "your work" was incorrectly
performed on it,
Paragraphs (1), {3} and {4} of this exclusion
do not apply to "property damage" (other than
damage by fire) to premises, including the
contents of such premises, rented to you for a
period ol seven or fewer consecutive days^ A
separate limit of insurance applies to Damage
To Premises Rented To You as described in
$ection lll- Limits Of lnsurance,
Paragraph (2) of this exclusion does not apply
if the premises are "your work" and were
never occupied, rented or held for rental by
y0u.
Paragraphs {3) and (4) of this exclusion do
not apply to "properly damage" arising from
the use of elevators.
Paragraphs (3), (4), (5) and {6} of this
exclusion do not apply to liability assuned
under a sidetrack agreement.
Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" to borrowed
equipment while not being used to perform
operations at the job site.
Paragraph (6) of this exclusion does not applyto "property damage" included in the
"products-completed operations haeard".
k. Damage To Your Product
"Property damage" to "your product" arising
4..L ^a iL -- -*.. *--a ^t ;tuul. ul lr ur dr ly pcil {. ur ia,
l. Damage To Your Work
"Property damage" to "your work" arising oul
of it or any part of it and included in the
"products-completed operations hazard".
This exclusion does not appty if the damaged
work or the work out of which the damage
arises was performed on your behalf by a
subcontractor.
m. Oamage To lmpaired Property Or Property
Not Physically lnjured
"Property damage" to "impaired property" or
property that has not been physicatly inlured.
arising out of:
(11 A defect, deficiency, inadequacy or
dangerous condition in "your product" or
"your work"; or
(2) A delay or failure by you or anyone acting
on your behalf to perform a contract or
agreement in accordance with its terms.
This exclusion does not apply to the loss of
use of other property arising out of sudden
and accidental physical injury to "your
product" or "your work" after it has been put
to its intended use.
n. Recall Of Products, Work Or lmpalred
Property
Damages claimed for any lo$s, co$t or
expense incurred by you or others for the loss
of use, withdrawal, recall, inspection, repair,
replacement, adjustment, removal or disposal
o{:
(1) "Your product":
{2) "Your work"; or
{3} "lmpaired property";
if such product, work, or property is withdrawn
or recalled from the market or from use by
any per$on or organization because of a
known or suspected defect, deficiency,
inadequacy or dangerous condition in it.
o. Personal ,And Advertising lnjury
"Bodily injury" arising out of "Ber$onal and
adveriising injury".
p. Access or Disclosure Of Confidential Or
Personal lnformation And Data.related
Liability
Damages arising out of:
(1) Any access to or disclosure of any
person's or organization's eonfidenlial or
personal information, including patents,
trade secrets, processing methods,
customer lists, financial information, credit
card informalion, heatth informatian or any
other type of nonpublic information; or
(2) The loss of, loss of u$e of, damage to,
corrupiion of, inabiiiiy io access, or
inability to manipulate electronic data.
This exclusion applies even if damages are
claimed for nolification costs, credit
monitoring expenses, forensic expenses,
HG 00 01 09 16 Page 5 of 21
public relations expenses or any other loss,
cost or expense incurred by you or olhers
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 ihis 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-ROM$, tapes, drives, cell$, data
processing devices or any other media whichare used with electronically controlled
equipment.
q. Employment-Related Practices
"Bodily 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 consaquence of "bodily
injury" to that Berson at whom any
"employment-related practices" &re
directed.
This exclusion applies:
(1) Wheiher the injury-causing event
described in the definition of "employment-related practices" occurs before
employment, during employrnent or after
employment of that person;
(2) Whether the insured nray be liable as an
employor or in any other capacity; and
(3) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
r. Asbestos
{1) "Bodily injury" or "property damage"
arising out of the "asbestos hazard".
(2) Any damages, judgment$, settlements,
loss, cosls or expenses that:
(a) May be awarded or incurred by reason
of any claim or suil alleging actual or
threatened injury or damage of any
nature or kind to persons or property
which would not have occurred in
whole or in parl but for the "asbestos
hazard";
(b) Arise out of any reque$t, demand,
order or statutory or regulatory
requirement that any insured or others
test for, monitor, clean up, remove,
encapsulale, contain, treat, detoxify or
neutralize or in any way respond to or
assess the effects of an "asbestos
hazard"i or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulalirrg, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
s. Recording And Distribution Of Material Or
lnformation ln Violatlon 0f Law
"Bodily injury" or "properiy dafiage" arising
directty or indireetly out of any action or
omission that violates or is alleged to violate:
{1} The Telephone Consumer Protection Act
(TCPA), including any amendment of ar
addition to such law;
{2} The CAN-SPAM Act of 2003, including
any amendment of or addition to such [aw;
{3} The Fair Credit Reporting Act (FCRA}, and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transaction Act {FACTA); or
(a) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA or CAN-SPAM Act of 2003 or FCRA
and their amendmenls and additions, that
addresses, prohibits or limits the printing,
dissemination, disposal, collecting,
recording, sending, tran$fiitting,
communicating or distribution of material
or information.
Damage To Premises Rented To You
Exception For Damage By Fire, Lightning Or
Explosion
Exclusions c. through h. and j. through n. do not
apply to damage by fire, lightning or explosion to
premises while rented to you or temporarily
occupied by you with permission of the owner. A
separate limit of insurance applies to this
coverage as describreeJ In Seetion lll * Limits Of
lnsurance.
COVERAGE B PERSONAL AND ADVERTISING
INJURY LIABILITY
1. lnsuring Agreement
a. We will pay those sunrs that the insured
becomes legally obligated to pay as damages
because of "personal and advertising injury"
to which this insurance applies. We will have
the right and duty to defend the insured
againsl any "suii" seeking those damages.
However, we will have no duty to defend the
insured against any "suit" $eeking damages
for "personal and advertising injurl' to which
this insurance does not apply. We may, at our
Page 6 of 21 HG 00 01 09 16
discretion, investigate any offense and setile
any claim or "suit" that may result. But:
(1) The amounl we will pay for damages is
limited as described in Section lll - Limits
Of lnsurance; and
(2) Our right and duty to defend end when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverage$ A or B or
medical expens€s under Coverage C,
No other obligation or liability to pay sums or
perform acts or services is covered unless
explieitly provided for under Supplementary
Payments - Coverages A and B,
b. This insurance applies to "personal and
advertising injury" caused by an offense
arising out of your Lrusiness but only if the
offense was committed in the "coverag*
territory" during the policy period.
2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rlghts Of Another
"Personal and advertising injury" arising out of
an offense committed by, at the direction or
with the consent or acquiescence of the
insured with the expectation of inflicting
"personal and advertising iniury".
b. Materlal Published With Knowledge Of
Falsity
"Personal and advertising injury" arising out of
oral, written or electronic publication, in any
manner, of nraterial, if done by or at the
direction of tlre insured with knowledge nf its
falsity.
c. Material Published Prior To Policy Period
"Personal and advertising injury" arising out of
oral, written or electronic publieation, in any
manner, of material whose first publication
took place before the beginning of the policy
period.
d. CriminalActs
"Personal and advertising injury" arising out of
a criminal act committed by or at the direction
of the insured.
e. Contractual Liability
"Personal and advertising injury" for which the
insured has assumed liability in a contract or
agreement. This exclusion does not apply to
liability for damages thal the insured would
have in the absence of the contract or
a^r^ ^fr AA+aui Gsr I rsr [,
f. Breach Of Contract
"Personal and advertising injury'' arising out of a
breach of conlract, except an imptied contracl to
use another's "advertising idea" in your
"advertisement",
g. Quality Or Performance Of Goods
Failure To Conform To Staternents
"Personal and advertising injury" arising out of
the failure of goods, products or services to
confonn with any statement of quality or
performance made in your "advertisement".
h. Wrong Description Of Prices
"Personal and advertising injury" arising out of
the wrong description of the price of goods,
prodLrcts or services.
i. lnfringement Of lntellectual Froperty
Rights
{1) "Personal and advertising injury" arising
out of any actual or alleged infringement
or violation of any intellectual property
rights such a$ copyright, patenl,
trademark, trade name, trade secret, trade
dress, service mark or other designation
of origin or authenticity; or
(2) Any injury or damage alleged in any clam
or "suit" that also alleges an infringement
or violation of any intellectual property
right, whether such atlegation of
infringement or violation is made by you or
by any other party involved in the claim or
"suit", regardless of whether this
insurance would otherwise apply.
However, this exclusion does not apply if the
only allegation in tho claim or "suit" involving
any intellectual property right is limited to:
(1 ) lnfringement, in your "advertisement", of:
(a) Copyright;
{b} Slogan;or
{c} Title of any literary or artistic work; or
{2} Copying, in your "advertisement", a
person's or crganization's "advertising
idea" or style of "advertisement".
j. lnsureds ln Media And lntemet Type
Businesses
"Personal and advertising injury" cornmitted
by an insured whose business is:
(1) Advertising, broadcasting, publishing or
telecasting;
{2} Designing or determining content of web
sites for others, or
(3) An lnternet search, access, contenl or
service provider,
!{qrwsvgr, this exclusion does not aoply to
Paragraphs a., b. and c. of the definition of
"personal and advertising injury" under the
Definitions Section.
HG 00 01 09 16 Page 7 of 21
For the purpo$es of this exclusion, the placing
of frarnes, borders or links, or advertising, for
you or others any,,rhere on the lnternet, is notby itself, considered the business of
advertising, broadcasting, publishing or
teleca*ting,
k. Electronic Chatrcoms Or Bullstin Boards
"Personal and advertising injury" arising out of
an electronic chatroom or bulletin boarci the
insured hosts, owns, or over which the
insured exercises control.
l. Unauthorized lJse Of Another's Name Or
Product
"Personal and advertising injury" arising out of
the unauthorized use of another's name or
product in your e-mail address, domain name
or metatags, or any other similar tactics to
mislead another's poiential customers.
m. Pollution
"Personal and advertising injury" arislng out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants" at any time.
n. Pollution-Related
Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or asses$ the effects
of, "pollutants"; or
(?) Claim or suit by or on behatf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating. detoxifying or neutralizing, or tn
any way responding to, or assessing the
effects of , "pollutants".
o. War
"Personal and advertising injury'', however
caused, arising, directly or indirectly, out of:
{1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military per$onnel or other agentsi
or
{3} lnsunection, rebellion, revolulion, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
p, lnternet Advertisements And Content Of
Others
"Personal and advertising injury" arising out
sf:
{1) An "adverlisement" for others on your web
site;
{2} Placing a link to a web site of others on
your web sile;
{3} Content, including information, sounds,
text, graphics. or irnages from a web site
of others displayed wilhin a frame or
border 0n your web site; or
(4) Computer code, saftware or programming
used to enable:
{a) Your web site; or
{b) The presentation or functionality of an
"advertisement" or other conlent oR
your web site.
q. Right Of Privacy Created By Statute
"Personal and advertising injury" arising out of
the violation of a person's right of privacy
created by any state or federal act.
However, this exclusian does not apply to
liability for damages that the insured would
have in the abaence of such state or federal
act.
r. Violation Of Anti-Trust law
"Personal and advertising injury" arising out of
a violation of any anti-trust law.
s. Securities
"Personal and advertising injury" arising out o{
the fluctuation in price or value of any stocks,
bonds or other securities,
t. Recording And Distribution Of Material Or
lnformation ln Violation Of Law
"Per$onal and adverlising injury" arising
directly or indirectly out of any action cr
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
{TCPA), including any amendment of or
addition to such law:
(2) The CAN-SPAM Acr of 2003, inctuding
any amendment of or addition to such law;
{3} The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transaction Act (FACTA); or
{4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA or CAN-SPAM Act of 2003 or FCRA
and their arnendments and additions, that
addresses, prohibits or limits the printing,
dissemination, disposal, collecling,recording. sending, transmitting,
communicating or distribution of material
or information.
Page 8 of 21 HG 00 01 09 16
u. Emptoyment-Related Practicee
"Personal and advertising injury" to;
{1} A person arising out of any "employmenl-
related practices"; or
(2) The spouse, chitd, parent, brother or sister
of that person a$ a consequence of
"personal and advertising injury" to that
person at whom any "employment-related
practices" are directed.
This exclusion appli6s;
(1) Whether the injury-causing event
described in the definition of "ernployrnent-
related practices" occurs before
employment, during employment or after
employment of that personi
(2) Whether the insured may be liable as an
employer or in any other capacity; and
(3) To any obligation to slrare damages wittr
0r repay someone else who mu$t pay
damages because of the injury.
v" Asbestos
{1) "Personal and advertising injury" arising
out of the "asbestos hazard".
(2) Any damages, judgments, setllements,
loss, costs or expenses that:
(a) May be awarded or incurred by reason
of any claim or suit alleging actual sr
threatened injury or damage of any
nalure or kind to persons or property
which would not have occurred in
whole or in parl but for the "asbestos
haeard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or others
test for, rnonitor, clean up, remove,
encapsulate, contain" treat, detoxify or
neutralize or in any way respond to or
assass the effects of an "asbestos
hazard": or
(c) Arise out of any claim or suit for
damages because of te$ting for,
monitoring, eleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding t0 or assessing the
effects of an "asbestos hazard".
w. Access Or Disclosure Of Confidential Or
Personal lnformation
"Personal and advertising injury" arising out of
any access to or disclosure of any person's cr
organiaation's confidential or personal
information, including patent$, trade secrets,
processing methods, customer lists, financial
information, credit card inforrnaticn, lrealih
information or any other type of nonpublic
information.
This exclusion applies even if damages are
claimed for notification costs, credit
monitoring expenses, forensic expen$es,
public relation$ 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 MEOICAL PAYMENTS
1, lnsuring Agreement
a. We will pay medical expenses as deseribed
below for "bodily injury" caused by an
accident:
{1} On premises ycu own or rent;
{2} On ways next to premises you own of
renti or
(3) Because of your operations;
provided that:
(1) The accident takes place in the "coverage
territory" and during the policy period;
(2) The expenses are incurred and reported
to us within three years of the date of the
accident; and
{3) The injured person submits t0
examinalion, at our expen$e, by
physicians of our choiee as often as wa
reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses fcr:
(1) First aid administered al the time of an
accident:
(2) Necessary medical, surgical, X-ray and
dental services, including prosthetic
devices; and
(3) Necessary anrbulance, hospital,
professional nursing and funeral services.
2. Exclusions
We will not pay expenses for "bodily injury":
a. Any lneured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. lnjury On Normally Occupied Premises
To a oerson iniured on that part of premises
you own or renl lhat the per$on normally
occupies"
d. Workers Compensation And Similar Laws
To a person, whether or not an "employee" cf
HG 00 01 09 16 Page 9 of 21
any insured, if benefits for the "bodily injury" are
payable or must be provided under a workers'
compensation or disability benefits law or a
similar law.
e. Athletics Activities
To a person injured while practicing,
instrueting or participating in any physical
exercises or games, sparts, or athletic
contests.
f. Products-Completed Operations Hazard
lncluded within the "products-completed
operations hazard".
g. Coverage A Exclusions
Excluded under Coverage A.
SUPPLEMENTARY PAYMENTS - COVERAGES
AANDB
1. We will pay, with respect to any clainr we
investigate or settle, or any "suit" against an
insured we def€nd:
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 lnjury 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 applicabte limit of insurance. We do
not have to furnish these bonds.
d. All reasonable expenses incurred by the
insured at our request to assisl us in the
investigation or defense of the claim or "suit",
including actual loss of earnings up to $500 a
day because of time off fronr work.
e. All court costs taxed against the insured in
the "suit". However, such costs do not
include attorneys' fees, attorneys' expenses,
wittress or expert fees, or any other expense$
of a party taxed to the insured,
f. Prejudgment interest awarded against the
insured on that part of the judgment we pay. lf
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.
g. All interest ofl the full amount of any judgnrent
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. lf we defend an insured against a "suit" and an
indemnitee sf the insured is also named as a
party to the "suit", we will defend that indemnitee
if all of the following conditions are met;
a. The "suit" against the indemnitee seeks
damages for whiclr the insured has assumed
the liability sf the indemnitee in a contraot or
agreement that is an "insured contract";
b. This insurance applies to such liability
assumed by the insured;
c. The obligation to defend, or the csst of the
defense of, lhat indemnitse, has also been
assurned by the insured in the same "insured
contract";
d. The allegations in the "sllit" and the
information we know about the "occurrence"
are such that no conflict appears to exist
between the interests of the insured and the
interests of the indemnitee;
e. The indemnilee and the insured ask us to
conduct and control the defenee of that
indemnitee against such "suit" and agree that
we can assign the same counsel to defend
the insured and the indemnitee; and
f. The indemnitee:
(1! Agrees in writing to:
(a) Ccoperate with us in the investigation,
settlement or defense of the "suit";
{b} lmmediately send us copies of any
demands, notices, summonses cr legal
papers received in connection with the
"suit";
{c} Notify any other insurer whose
coverage is available to the
indemnitee; end
{d} Cooperate with us with respect to
coordinating other applicable
insurarrce available to Lhe indemnitee;
and
{2} Provides us with written authorization to:
{a) Obtain records and other information
related to the "suit"; and
(b) Conduct and conlrol the defense of the
indemnilee in such "suit",
So long as the above conditions are n'ret,
attorneys' fees ineurred by us in the defense ofthat indemnitee,
necessary litigation expenses incurred by us and
necessary litigation expenses incurred by the
indemnitee at our request will be paid as
Supplementary Payments. Notwithstanding the
provisions of Paragraph 2.b.(2) of Section I *
Coverage A - Bodily lryury And Property
Damage Liability, such payments will not be
deemed to be damages for "bodily injury" and
"property damage" and will nol reduce lhe limits
of insurance,
Page 10 of 21 HG 00 01 09 16
Our obligation to defend an insured's indemnltee
and to pay for attorneys' fees and neces$ary
litigation expens€s as Supplementary Payments
ends when:
a. We have used up the applicable limit of
insurance in the payment of judgments or
settlement$; or
b. The conditi*ns $et forth above, or the terms of
the agreernent described in Paragraph f.
above, are n0 longer met.
SECTION II- WHO IS AN INSURED
1. lf you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the conduct
of a business of which you are the sole
owner.
b. A parlnership or joint venture, you are an
insured. Ygur members, your parlners, and
their $pouse$ are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you arc an
insured. Your members are also insureds, but
only with respect to ihe conduct of your
business. Your manager$ are insureds, but
only with respect to their duties as your
managers,
d, An organization other than a partnership, joint
venture or lirnited liability company, you are
an insured. Your "executive officers" and
directors are insureds, but only with respect to
their dutie$ a$ 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. Ycur 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 busine$s, or your "employees", other
than either your "executive officers" {if you are
an organization other than a partnership, joint
venture cr limited liabilily companyi or your
managers (if you are a limiled liability
company), but only for acts within the scopeof their employment by you or while
perforning duties related to the csnduct of
your business.
However, none of these "employees" or
"volunteer workers" are insureds for:
(1) "Eodily injury" or "personal and advertrsing
injury":
(a| To you, to your partners or members (if
you are a partnership or joint venture),
to your menrbers (if you are a limited
liability cornpany), to a co-"employee"
while in the course of his or her
employment or performing duties
related to the conduci of your
business, or to your other "volunteer
workers" while performing duties
related to the conduct of your
business;
(b) To the spcuse, child, parent, brother cr
sister of that co-"employee" or that
"volunteer worker" as a consequence
of Paragraph (1)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because
of the injury described in Paragraphs
{1}(a) or {1}{b} above; or
(d) Arising out of his or her providing or
failing to provide professional health
care services.
lf you are not in the business of providing
professional health care services;
{a) Subparagraphs (1)(a), {1)(b} and {l}{c}
above do not apply to any "employee"
or "volunteer worker' providing first aid
services: and
{b) $ubparagraph (1Xd} above does not
apply to any nurse, emergency medical
technician or paramedic employed by
you to prcvide such services"
(2) "Property damage" to property:
(a) Owned, oecupied or u$ed by,
(b) Rented lo, in the care, custody or
control of, or over which physical
eontrol is being exercised for any
purpose by
you, any of your "employees", 'lvolunteer
workers", any partner or member (if you
are a partnership or joint venture). or any
member (if you are a limited liability
company).
b. Real Eetate Manager
Any person {other than your "employee" or
"vslunteer worker"), or any organization while
acting as your real astate manager.
c. Temporary Custodians Of Your Property
Any person or organization having proper
temporary custody of your property if you die,
but only;
t1) With respsct to liability arising out of the
maintenance or u$e of that property; and
(2) Until your legal representative has been
appointed.
d. Legal Representative lf You Die
Your legal representative if you die, but only
HG 00 01 09 16 Page 11 of 21
with respect to duties as such. That
representative will have all your rights and
duties under this Coverage Farl.
e. Unnamed Subsidiary
Any subsidiary, and subsidiary thereof, of
yours which is a legally incorporated entity of
which you own a financial interest of more
than 50% of the voting stock on the effective
date of the Coverage Part.
The insurance afforded herein for any
subsidiary not named in this Coverage Part
as a named insured does not apply to injury
or damage with respect to which such insured
is also a named insured under another policy
or would be a named insured under such
policy but for its terrnination or the exhaustion
of its limits of insurance.
3, Newly Acquired Or Formed Organization
Any organization you newly acquire eir form,
other than a partnership, joint venture or limited
liability company, and over wlrich you maintain
financial interest of more than 50% of the voting
$tock, will qualify as a Named lnsured if there is
no other similar insurance available to that
organizalion. However:
a. Coverage under this provision is afforded only
until the 180th day afier you acquire or form
the organization or the end of the policy
period, whichever is earlier;
b. Coverage A does not apply to "bodily injury"
or "propefty damage" that occurred before
you acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury'' arising out of an offense
committed before you acquired or formed the
organization.
4. Nonowned Watercraft
With respect to watercraft you do not own that is
less than 51 feet long and is not being usecl to
carry persons for a charge, any person is an
insured while operating such watercrafl with your
pernrission. Any other person or organization
responsible for the conduct of such persorr is
also an insured, but only with respect to liability
arising out of the operation of the watercraft, and
only if no other insurance of any kind is available
to that Berson or organization for this liability.
However, no person or organization is an insure<J
with respect to:
a. "Bodily injury" to a co-"enrployee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by you
or the employer of any person who is an
insured under this provisiorr.
5. Additional lnsureds When Required By
Writtan Contract, Written Agreement Or
Permit
The following person(s) or organization(s) are an
additional insured when you have agreed, in a
written contract, written agreement or because of
a permit issued by a state or political subdivision,
that such person or organizalion be added as an
additional insured on your policy, provided the
injury or damage occurs subsequent to the
execulion of the csntract or agrsement.
A person or organization is an additional insured
under this provision only for that period of time
required by the contract or agreement.
However, no such person or organization is an
insured under this provision if such person or
organization is included as an insured by an
endorsement issued by us and made a part of
this Coverage Part.
a. Vendors
Any person(s) or organization{s) (referred to
below 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
buginess and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operalians hazard".
(f) The insurance afforded the vendor is
subject to the following additional
exclusions:
This insurance does not apply to:
(a) "Bodily injury' or "propsrty damage" for
which the vendor is obligated to pay
damages by reason of the assumpiion
of liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the vendor
would have in the absence of the
contract or agreement:
(b) Any express warranty unauthorized by
you;
(c) Any physical or chemical change in the
product made intentionally by the
vendor;
(d) Repackaging, except when unpacked
solely for tlre purpose of inspection,
demonslration, testing, or the
substitution of parts under instructions
from the manufacturer, and then
repackaged in the original container;
(e) Any failure to make such inspections,
adju$tnrents, tesls or servicing as the
vendor has agreed to make or normally
Page 12 of 21 HG 00 01 09 16
undsrtakes to make in the usual
course of business, in connection with
the distribution or sale of the products;
(0 Demonstration. installation, servicingor repair operations, except such
operalions perfonned at the vendor's
premises in connection with the sale of
the product;
(g) Products which, after dlstribution ar
sale by you, have beon 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 neEfigence of the
vendor for its own acts or omissions or
those of its employees or anyone else
acting cn its behalf. However, this
exclusion does not apply to:
{i) The exceptions contained in Sub-
paragraphs {d} or (f}; or
(il) Such inspections, adjustments,
te$tr$ or servicing as the vendor has
agreed to make or nornrally
undertakes to make in the usual
course of businoss, in connection
with the distribution or sals of the
products.
{2) This ingurance does not apply to any
insured person or organization, from
whorn you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or containing
such products.
b. Lessors Of Equipment
(1) Any person(s) or organization(s) from
whcm you lease equipment: but only with
respect to their liability for "bodily injury",
"property damage" or "personal and
advertising injury' caused, in whole or in
part, by your maintenance, operation or
use of equipment leased to you by such
porson(s) or organizetion{s).
(2) With respect to the insurance afforded to
these additional insureds this insurance
does not apply to any "occurrence" which
takes place after the equipment lease
expires.
c. Legsorg Of Land Or Premlses
Any person or organization from whonr 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 "occunence* which takes place after
you cease to lease lhat land; or
2. Structural alterations, new construction or
demolition operations performed by or on
behalf of such person or organization.
d. Architects, Engineers Or Surveyors
Any architect, engineer, or survsyor, but only
with respect to liability for "bodily injury",
"property damage' or "personal and
advertising injurf caused, in whote or in part,
by your acts or omissions or the acts or
omissions of those acting on your behalf :
(1) ln connection with your premisea; or
(2) ln the performance of your ongoing
operations performed by you or on your
behalf.
Wilh respect to the insurance afforded these
additional insureds, the following additional
exclusion applies:
This insuranoo does not apply to "bodily
injury", "property damagen 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
preparo 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 negtigonce or
other wrongdoing in the supervision, hiring,
employment, training or monltoring of others
by that insured, if the "occurrenoe" which
caused the "bodily injury" or 'property
damage', or the offense which caused the
'personal and advertising injur/, involved the
rendering of or the failure to render any
professional services by or for you.
e. Permits lssued By $tate Or Political
$ubdivisions
Any state or political subdivision, but only with
respect to operations performed by you or on
your behalf for which the stat€ or political
suMivision has issued a permit.
With respect to the insurance afforded these
additional insureds, this insurance does not
apply to:
(1) "Bodily injury", "property damage" or
"Bersonal and advertising injury' arising
out of operations performed fsr the state
or municipality;or
HG 00 01 09 16 Page 't 3 of 21
(2) "Bodily injury' or "property damage"
included within the "products-completed
operations hazard".
f. Any Other Party
Any other person or organitation who is not
an additional insured under Paragraphs a.
through e. above, but only with respact to
liability for "bodily injury", 'property damage'
or "personal and advertising injury" caused, in
wholo or in part, by your acts or omisgicns or
the acts or omissions of those acting on your
behalf:
(1) ln the performance of your ongoing
operations;
(2) ln connection with your premises owned
by or rented to you; or
(3) ln connection with "your work" and
inctuded within the "products-completed
operatians hazard", but cnly if
(a) The written contrast or agreement
requires you to provide such coverage
to such additional insured; and
(b) This Coverage Part provides coverage
for "bodily injury' or'property damage"
included within the 'products-
completed operations hazard".
However:
(l) The insurance afforded to such additional
insured only applies to the extent
permitted by law;and
(2) lf coverage provided to the additionat
insured is required by a contract or
agreement, the insurance afforded to such
,additional insured will not be broader than
that which you are required by the contractor agreement to provide far such
additional insured.
With respect to the insurance afforded to
these additional insureds, this insurance does
not apply to:
"Bodily injuqf , "property damage" or
'personal and advertising injury' arising out of
the rendering of, or the tailurs to rander, any
profossional architectural, engineering or
surveying services, including:
(1) The preparing, approving, or faiting to
preparo or approve, maps, shop drawings,
opinions, reports, surveys, lisld orders,
change orders or drawings and
specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
agsinst any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or manitoring 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 injurf', involved the
rendering of or the failure to render any
professionsl services by or for you.
The limits of insurance that apply to additional
insureds is described in Ssclion lll - Limits Of
lnsurance.
How this insurance applies when other insurance
is available to the additional insured is described
in the Other lnsurance Condition in Section lV -
Commercial General Liability Conditions.
No person or organization is an insured with respect
to the conduct of any cilrrent or past partnership,
joint venture or limited liability company that is not
shown as a Named lnsured in the Declaraticns.
$ECTION III* LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of lnsurance shown in tl-re
Declarations and the rules below fix the most we
will pay regardless of the number of;
a. lnsureds;
b. Clairns made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. General Aggregate Limit
The General Aggregate Limit is the most we will
pay for lhe sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except
damages because of "bodily injury" or
"property damage" included in the "products-
completed operaiions hazard"; and
c. Damages under Coverage B.
3. Products-Completed Operations Aggregate
Limit
The Froducts-Completed Operations Aggregate
Limit is the most we will pay under Coverage A
for dan:ages because of "bodily injury" and
"property damage" included in the "products-
completed operations hazard".
4. PersonalAnd Advertising lnjury Limit
Subject to 2, above, the Personal and
Advertising lnjury Limit is the most we will pay
under Coverage B for the sum of all damages
because of all "personal and advertising injury"
sustained by any ons person or organization.
5. Each Occurrence Limit
Sutrject to 2. or 3. above, wlrichever applies, the
Each Occurrence Lin"rit is the most we will pay for
the sum of:
a. Damages under Coverage A; and
Page 14 of 21 HG 00 01 09 16
b" Medical exBen$e$ under Coverage C
because of all "bodily injury'' and "property
damage" arising out of any one "occurrence".
6. Damage To Premises Rented To You Limit
$ubject to 5. above, the Damage To Premises
Rented To You Limit is the most we wilt pay
under Coverage A for darnages because of
"property damage" to any one prernises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
ln the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proxirnately
caused by the same event, whether such
damage re$ult$ from fire, lightning or explosion
or any combination sf lhese.
7. Medical Expense Limit
Subject to 5. above, the Medical Expense Limit is
the mosi we will pay under Coverage C for all
medicat expen$es because of 'bodily injury"
sustained by any one per$on-
8. How Limits Apply To Additional lnsureds
lf 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:
a. The limits sf insurance specified in the written
contract or written agreement; or
b. The Limits of lnsurance $hown in the
Declarations.
Such amaunt shall be a pari of and not in
addition to Limits of lnsurcnce shown in the
Declarations and described in this Section,
The Limits of lnsurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months,
starting with the beginning of the policy period
shown in the Declaration$, unless the policy period
is extended after issuance for an additisnal period of
less than 12 months. ln that case, the additional
period will be deemed part of the last preceding
period for purposes of determining the Limits of
lngurance"
SECTION IV COMMERCIAL GENERAL
LIABILITY CONDITIONS
1. Bankruptcy
Bankruptcy or insolvencv of the insured or of the
insured's estate will not relieve us of our
obligations under this Coverage Part.
2. Duties ln The Event Of Occurrence, Offense,
Claim Or Suit
a. Notice 0f Occurrence Or Offense
You or any additional insured must see to it
tlrat we are notified as soon as practicable of
an "occurrence" or an offense which may
result in a claim. To the extent po$sible,
notice should include:
(1 ) How, when and where the "occurrence" or
offense took place,
{2) The name$ 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 Glaim
lf a claim is made or "suit" is brought against
any insured, you or any additional insured
must:
{1) lmmediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as soon as praclicable.
You or any additional insured must see to it
that we receive written notice of the clairn or
"suit" as soon as practicabte.
c. Assistance And Gooperation Of The
lnsured
You and any other involved insured must:
(1) lmmediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit";
{2} Authorize us to oblain records and other
information;
{3} Cooperate with us in the investigation or
settlernent of the claim or defense against
the "suit": and
{4) Assist us, upon our requesl, in the
enforcement of any right against any per$on
or organieation which may be liable to the
insured because of injury or damage to
which this insurance may also apply.
d. Obligations At The lnsureds Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additlonal lnsureds Other lnsurance
lf we cover a claim or "suit" under this
Coverage Part that may also be covered by
other insurance available to an additional
insr.rred, sr.rch adclitional insureel must subrnit
such claim or "suit" to the other insurer for
defense and indemnity.
However, this provision does not apply lo the
extent that you have agreed in a written
HG 00 01 09 16 Page 15 of 21
contraet or written agreement that this
insurance is primary and non-contributory
with the additional insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to any
additional insured only when such
"occurrence", offense, claim or "suit" is known
to:
(1) You or any additional insured that is an
individual;
(2) Any partner, if you or the additional
insured is a partnership;
(3) Any manager, if you or the additional
insured is a limited liability companyi
(a) Any "execr"rtive officer" or insurance
manager, if you or the additional insured is
a corporation;
(5) Any tru$tee, if you or the additional
insured is a trust; or
(6) Any elected or appointed of{icial, if yau orthe additional insured is a political
subdivision or public entity.
This duty applies separately to you and any
additional insured.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured, or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.
A person or organizallon may $ue us to fecover
on an agreed setllement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms offhis Coverage Part 0r
ihat are in excess of the applicable limit of
insurance. An agreed settlement means a
settlement and release of liability signed by us,
the insured and the claimant or the claimant's
legal representative.
4. Other lnsurance
lf other valid and collectible insurance is
available to the insured for a loss we cover undsr
Coverages A or B of this Coverage Part, our
obligations are limited as follows:
a. Prirnary lnsurance
This insurance is primary except when b.
below applies. lf other insurance is also
primary, we will share with afi that other
insurance by the method described in c.
below.
b. Excess lnsurance
This insurance is excess over any of the other
insurance, whether prinrary, excess,
contingent 0r on any other basis:
(1) Your Work
That is Fire, Extended Coverage, Builder's
Risk, lnstallation Risk or similar coverage
for "your work";
{2} Premises Rented To You
That is fire, lightning or explosion
insurance for premises renled to you or
temporarily occupied by you with
permission of lhe 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 iemporarily occupied by you with
permission of the owner;
(4) Aircraft, Auto Or Watercraft
lf the loss arises out of the maintenance or
use of aircrafl, "autos" or watercraft to the
extent not sublect to Exclusion g. of
Section I * Coverage A * Bodily lnjury
And Property Damage Liability;
(5) Property Damage To Borrowed
Equipment Or Use Of Elevalors
lf the loss arises out of "prcperly damage"
to borrowed equipment or the use of
elevators to the extent not subject to
Exclusion j. of Section I - Coverage A -
Bodily lnjury And Property Damage
Liability;
(6) When You Are Added As An Additional
lnsured To Other lnsurance
Any other insurance available to you
covering liability for darnages arising out
of the premises or operations, or products
and conrpleted operations, for which you
have been added as an additional insr:red
by that insurance; or
(7) When You Add Others As An
Additional lnsured To This lnsurance
Any other insurance availabls to an
additional insured.
However, the fallowlng provisions apply to
other insurance available to any person or
organization who is an additional insured
under this coverage part.
(a) Primary lnsurance When Required
By Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
prinrary, lf other insurance is also
Page 16 of 21 HG 00 01 09 16
primary, we will share with all that
other insurance by the method
described in c. below.
{b) Primary And Non-Contributory To
Other lnsurance When Required By
Contract
lf you have agreed in a written
contract, written agreement, or permit
that this insurance is primary and non-
contributory with the additional
insured's own insurance, this insuranceis primary and we wlll not seek
contributisn from that olher insurance.
Paragraphs (a) and (b) do not apply to
olher insurance to which the additional
insured has been added as an additional
insured.
When this insuranse 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". lf no other insurer defends,
we will undertake to do so, but we will be
entitled to the insured's rights against all
those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total arnount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-insured
amounts under all that other insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess lnsurance provision and was not
bought specificatly to apply in excess of the
Limits of lnsurance shown in the Declarations
of this Coverage Part.
c. Method Of Sharing
lf all of the other insurance pernrits
contribution by equal sharss. we will fallow
this method also. Under this approach each
insurer contributes equai amounts until it has
paid its applicable limit of insurance or none
of the loss remains, whichever comes first.
lf any o{ the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance ol all insurers.
5. Premium Audit
a. We wilt compute all premiunrs for this
Coverage Part in accordance with our rules
and rates-
b. Premium showrr in this Coverage Part as
advance premium is a deposit premium only.
At the close of each audit period we will
compule the earned premium for that period
and send notice to the first Named lnsured.
The due date for audit and retrospective
prerniums is the date shown as the due date
on lhe bill. lf the sunr of the advance and
audit premiuns paid for the policy period is
greater tlran ihe earned premium, we will
return the excess to the first Named lnsured.
c. The first Named lnsured must keep records of
the information ws need for premium
computation, and send us copies at suclr
times as we may request.
6. Representations
a. Whe n You A,ccept This Policy
By accepting this policy, you agree;
(1) The statements in the Declarations are
accurate ancl complete;
(2) Those statements are based upon
representations you made to us; and
{3} We have issued tlris policy in reliance
upcn your representalions.
b, Unintentional Failure To Disclose Hazards
lf unintentionally you should fail to disclose all
hazards relating to the conduct of your
business that exist at the inception date of
thi$ Coverage Part, we shall not deny
coverage under this Coverage Part because
of such failure.
7. Separation Of lnsureds
Except with respect to the Limits of lnsurance,
and any rights or duties specifically assigned in
this Coverage Part to the first Named insured,
lhis insurance applies:
a. As if each Named lnsured were the only
Named lnsured; and
b. Separately to each insured against whom
claim is nrade or "suit" is brought.
8. Transfer Of Rights Of Recovery Against
Othere To Us
a, Transfer Of Rights Of Recovery
lf the insured has rights to recover all or part
of any payment, including Supplementary
Payments, we have made under this
Coverage Part, those rights are translerred to
us. The insured must do nothing after loss to
HG 00 01 09 16 Page 17 of 21
impair them. At our reqllest, the insurecl will
bring "suit" or transfer lhose rights to us and
help us enforce thenr.
b. Walver Of Rights Of Recovery (Waiver Of
Subrogation)
lf the insured has waived any rights of
recovery again$t any person or organization
for all or part of any payment, including
Supplementary Payments, we have made
under this Coverage Parl, we also waive that
right, provided the insured waived thoir rights
of recovery against such person or
organization in a contract, agreement or
permit that was executed prior to the injury or
damage.
9. When We Do Not Renew
lf we decide not to renew tlris Coverage Parl, we
will mail or deliver to the first Named lnsured
shown in the Declaralion$ written notice of the
nonrenewal not less than 30 days before tlre
expiration date.
lf notice is mailed, proof cf nailirrg will be
sufficient proof of notice.
SECTION V * DEFINITIONS
1. "Advertisement" means the widespread public
dissemination o{ information or images that has
the purpose of inducing the sale of goods,
products or services through:
a. (1) Radio;
(2) Television;
{3) Billboard:
(4) Magazine;
(5) Newspaper; or
b. Any other publication that is given widespread
public distribution.
However, "advertisement" does rrot include:
a. The design, printed material, information or
images contained in, on 0r upon the
packaging or labeling of any goods or
products; or
b. An interactive conversatiorr between or
among persons through a computer network.
2. "Advertising idea" nreans any idea for an
"advertis€ment",
3, "Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes ilre mere
presence of asbestos in any form.
4. "Auto" means:
a. A land motor vehicle, lrailer or semitrailer
designed for travel on public roads, including
any attached machinery or equipnrent; or
b. Any other land velricle tlrat is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it is
licensed or principally garaged.
However, "auto" does not include "mobile
eqLripment".
5. "Bodily injury" means physical:
a. lnjury;
b. Sickness; or
c. Disease
suslained by a person and, if arising out of ths
above, mental anguish or death at any time.
6" "Coverage territory" means:
a, The United States of America iincluding its
territories and possessions), Puerto Rico and
Canada;
b. lnternational waters or airspace" but only if
the injury or damage occurs in the course of
travel or transportation between any places
included in a. above; or
c. All other parts of the world if lhe injury or
damage arises out of:
(1) Goods or products made or soicl by you in
the territory described in a. above;
(2) The aciivities 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 lnternet or
similar electronic means of communication
provided the insured's responsibility to pay
damages is determined in the United $tates of
America (including its territories and possessions),
Puerto Rico or Canada, in a "suit" on the merits
according to the substantive law in such lerritory or
in a settlemeni we agree to.
7. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".
S. "Employment-Related Practices" neans:
a. Refusal to enrploy that person,
b. Termination of that person's employmenl; or
c. Employment-related practices, policies, acts
or omissions, suclr as coercion, demotion,evaluation, reassignmenl, discipline,
defamation, harassmenl, humiliation,
discrimination or malicious prosecution
directed at that person.
9. "Executive officer" mean$ a person holding any
of the officer positions created by your charter,
constitution, by-laws or any other sinrilar
governing document.
10."Hostile fire" ntearrs one which becomes
uncontrollable clr breaks out fronr where it was
intended to be.
Page 18 of 21 HG 00 01 09 16
11,"lmpaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a. lt incorporates "your product" or "your work"
that is known or thought to be defective,
cleficient. inadequate or dangerous; or
b. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by lhe
repair, replacement, aeljustment or renroval of
"your product" or "your work", or your fulfiiling the
ternrs of the contract or agreemont.
1 2. "lnsured contract" means:
a. A contract for a lease of premises. However,
that porticn of the contract for a lease of
premises that indemnifies any person or
organization for damage by fire, lighining or
explosion to premises wlrile rented to you or
ternporarily occupied by you with permissian
of lhe owner is subject to the Damage to
Premises Rented To You Limit described in
Seetion lll * Limits of lnsurance;
b, A sidetrack agreement;
c. Any easement or license agreemenl,
including an easement or licerrse agreenrent
in connection with construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to
indemnify a municipality, excepi in connection
with work for a municipality;
e. An elevator maintenance agreernent;
f. That parl of any other conlract or agreement
pertaining to your business (including arr
indemnification of a municipality in connectiorl
with work performed for a rnunicipality) under
which you assume the tort liability of another
parly to pay for "bodily injury" or "property
damage" to a third person or organization,
provided the "bodily injury" or "property
damage" is caused, in whole or in par1, by
you or by those acting on your behalf. Tort
liability mear'ls a liability that would be
imposed by law in the absence of any
c0ntract or agreement.
Paragraph f. includes that part of any contract
or agreament that indenrnifies a railroad for
"bodily in.jurl' or 'property damage' arising
out of construction or demolition operations,
within 50 feet of any railroad property and
affecting any railroad bridge or trestle, tracks,
road-beds, tunnel, underpass or crossing-
However. Paragraph f. does not include that
part o{ any contract or agreement:
(1) That indemnifies an architect, engineer or
surveyor for injury or damage arising out
of:
(a) Preparing, approving, or failing to
prepare 0r appr0v6, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and speci{ications; or
{b} Giving directions or instructions, or
failing to give them, if that is the
primary cause of the injury or damage;
or
(2) Under which the insured, if an architect,
engineer or surveyor, assurnes liability for
an injury or damage arising out of the
insured's rendering or failure to render
professional services. including those listecl
in (1) above and supervisory, inspection,
architectural or engineering activities.
13."Leased worker" means a person leased to you
by a labor leasing firrn under an agreement
between you and the labor leasing firm, io
perform duties related to the conducl of your
business. "Leased worker" does not include a
"temporary worker".
14."Loading or unloading" nreans the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or "auto"i
b. While it is in or on an aircraft, watercraft or
"auto"i or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
moven'lent of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto".
15."Mobile equipmerrt" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles etesigned for use principally off public
roads;
b. Vehicles maintained for use sr:lely on or next
to premises you own cr rent;
c. Vehicles that travel on crawler treads:
d. Vehicles, whether seltpropelled or nst,
maintained primarily to provide mobility to
pernranently mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
{2} Road constructicrn or resurfacing
equipment such as graders, scrapers or
rollers;
e. Vehicles no1 described in a,, b., c. or d. abcve
that are not self-propelled and are maintained
HG 00 01 09 16 Page 19 of 21
primarily to provide mobility to permanently
attached equipment of the fotlowing lypes:
(1) Air compressor$, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in a., b., c. or d. above
maintained primarily for purposes other than
the transportation of persons or cargo.
However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but will
be considered "autos":
(l) Equipment designed primarily for;
(a) Snow removal;
(b) Road maintenance, but not
construction or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and sinrilar devices
mounted on automobile or lruck chassis
and used lo raise or lower workers: and
(3) Air compressors, pumps and generators,
including spraying. welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment.
However, "mobile equipment" does not include
any land vehicle that is subject to a compulsory
or financial re$ponsibility law or other motor
vehicle insurance law where it is licensed or
principally garaged. Land vehicles subject to a
conrpulsory or financial responsibility law or other
motor vehicle insurance law are considered
"autos".
l6."Occurrence" means an accident, including
continuous or repeated exposure to substantially
lhe same general harmful conditions.
17."Personal and advertising injury" means
injury, including consequential "bodily injury",
arising out of one or more of the following
offenses;
a. False arrest, detention or imprisonrnent;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or premises
that a person or organization occupies,
committed by or on behalf of its owner,
landlord or lessor,
d. Oral, written or electronic publication. in any
manner, of material that slanders or libels a
person or organization or disparages a
person's or organization's goods, products or
services;
e. Oral, written or electronic publication, in any
manner, of material that violates a person's
right ol privacy,
f. Copying, in your "advertisement", a person's
or organization's "advertising idea" or style of
"advertisemenl"; or
g. lnfringement of copyright, slogan, or title of
any literary or artistic work, in your
"advertisement""
18."Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, firmes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
19. "Products-cornpleted operations hazard":
a. lncludes all "bodily injury" and "property
damage" oecurring away from prernises you
own or rent and arising out of "your produci"
or "your work" except;
(1) Products that are still in your physical
possession; or
{2) Work that has not yet been eompletecl or
abandoned. However, "your wcrk" will be
deemed completed al the earliest of the
following time*;
(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 site.
{c} When that part of the work done at a
job site has been put to it$ intended
use by any person or organization
cther than another eonlractor or
subcontractor working on the $ame
Project.
Work that may need service,
maintenance, correction, repair or
replacement, but which is olherwise
complete, will be lreated as completed.
b. Does nol include "bodily injurf' or "property
damage" arising out of:
(1) The transportation of property, unless the
injury or damage arises out of a condition
in or on a vehicle not owned or operated
by you, and that condition was created by
the "loading or unloading" of that vehicle
by any insured;
{2) The existence of tools, unlnstalled
equipment 0r abandoned or unused
materials; or
{3) Products or operalions for which the
classification, listed in the Declarations or
in a policy Schedule, states that products-
Page 20 of 21 HG 00 01 09 16
completed operations ere subject to the
General Aggregate Limit.
20. "Property damage" means:
a. Physical injury to tangible property, including
all resulting loss of use of that property. All
such loss of rrse shall be deemed lo occur at
the time of the physical injury that caused it;
or
b. Loss of use of tangibie property that is not
physically injured. All such loss of use shall
be deemed to occur al the time of the
"occurr€nce" that caused it.
As used in this definition, computerized or
electronically stored data, program$ or software
are not tangible property, Electronic data means
informatiorr, facts or progratns;
a. Stored as or on:
b. Created or used on; or
c" Transmitted to or fram;
computer software, including systems and
applications software, hard or floppy disks, CD-
ROMt, lapes. drives, cells, data processing
devices or any other media which are used with
electronica lly controlled equipment.
21. "$uit" means a civil proceeding in which
damages because of "bodily injury", "property
damage" or "personal and advertising injury" tr:
which tliis insurance applies are alleged. "Suit"
lnclirdes:
a. An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does subnrit with our
consent: or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits with
our consent.
?2."Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.
23. "Volunteer worker" means a person who
a. ls not your "employee";
b. Donates his or her work,
c. Acts al the direction af and within the scope
of duties determined by you; and
d. ls not paict a fee, salary or other
compensation by you or anyone else for their
work per{ormed for you.
24. "Your product"t
a. Means:
{1} Any goods or products, other Lhan real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your namq; or
(c) A per$on or organization whose
business or assels you have acquired;
and
(2) Containers (other than vehicles),
materials, parts or equiprnent furnished in
connection with such goods or products.
b. lncludes
{1} Warranties or repre$entations made at
any time with respect to the fitness,
quality, duratrility, performance or use of
"your product"; and
{2} The providing of or failure to provide
warnings or instructions"
c. Does not include vending machines or other
property rented to or located for the use of
others blrt not sold.
25. "Your work":
a. Means:
{1) Work or operations performed by you or
on your behalf; and
{2i Materials, part$ or equipment furnished in
connection with such work or operations.
b. lncludes
(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.
HG 00 01 09 16 Page 21 of 21
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMEHCIAL AUTOMOBILE BHOAD FOHM
ENDORSEMENT
This endorsement modities insurance provided under the following
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader bencfits to lhe "insured" than other
provisions of the Coverage Form, the provisions of this endorsement apply,
POLICY: 52UENOL5663
AI.PNC.WOS
1. BROAD FORM INSUFED
A. Subsidiaries and Newly Acquired or
Formed Organizatlons
The Named lnsured shown in the
Declarations is amended to include:
{1) Any legal business entity other than a
partnership or joint venture, lormed as a
subsidiary in which you have an
ownership inlerest ol more than 50% on
the effective date ollhe Coverage Form.
However, the Named lnsured does not
include any subsidiary that is an
"insured" under any other automobife
policy or would be an "insured" under
such a policy but for its termination or
the exhauslion ol it$ Lirnit of lnsurance.
(2) Any organization that i$ acquired or
formed by you and over which you
maintain majority ownership. However,
the Named lnsured does not include any
newly formed or acquired organization:
(a) That is a partnership 0r joint
venture,
(b) That i$ an "in$ured" under any other
policy,
{c) That has exhausted its Limit of
lnsurance under any other policy, or
{d) 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisition or formation.
Coverage does not apply to "bodily
injury" or "property damage" that results
from an "accident" that occurred before
you formed or acquired the organization,
B. Employees as lnsureds
Paragraph A.1, - WHO tS AN TNSURED - of
SECTION ll - LtABtLtTy COVERAGE is
amended to add:
COMMEFCIAL AUTOMOBILE
HA 99 16 03 12
d. Any "employee" of yours while using a
covered "auto" yoLl don't own, hire or
borrow in your business or your
personal affairs.
C, Lessors as lnsureds
Paragraph 4"1. - V'/HO lS AN INSURED ^ of
Section ll - Liability Coverage is amended to
add:
e. The lessor of a covered "auto" whil6 lhg
"auto" is leased to you under a written
agreement if:
(1) The agreement requires you to
provide direct primary insuranee for
the lessor and
{2) The "auto" is leased without a driver.
Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.
D. Additional lnsured il Hequired by Contract
(1) Paragraph A,1. - WHO lS AN INSURED- of Section ll - Liability Coverage is
amended to add:
f. When you have agreed, in a written
contract or written agteemenl, that a
person or organization be added asfln additional insured on your
business auto policy, such person or
organizalion is an "insured", but onlyto the exlent such person ot
organization is liable tor "bodily
injury" or "property damage" caused
by the conduct of an "in$ured" under
paragraphs a. or b^ of Who ls An
lnsured with regard t0 the
ownership, maintenance or use of a
covered "aLlto."
G} 2011, The Hartford (lncludes copyrighted rnaterial
of ISO Properties, lnc., with its permission.iForm HA 99 16 03 12 Page 1 of 5
The insurance afforded to any sLrch
additional insured applies only if the
"bodily injury" or "property damage"
occilrs:
{1} During the policy period, and
(2) Subsequent lo the execution ol such
written contract, and
{3) Prior lo the expiration of th€ period
s{ time that the written conlract
requires such insurance be provided
to the addilional insured.
{2) How Limits Apply
lf you have agreed in a written contractor written agreement thal another
person or organization be added as an
addilional insured on your policy, the
mo$t we will pay on behalf of such
additional insured is the lesser of:
{a) The limits of insurance specilied in
the written contract or written
agrsement; or
{b) The Limits of lnsurance shown in
the Declarations.
Such amount shall be a part ol and not
in addition to Lirnits of lnsurance shown
in the Declarations and described in this
$ection.
(3) Additional lnsureds Other lnsurance
tf we cover a claim or "suit" under this
Ooverage Part that may also be covered
by other insurance available to an
additional insured, such additional
insured must submit suoh elaim or "suit"
to the other insurer tor defense and
indemnity.
However, this provision does not apply
to the extent that you have agreed in a
written contract or written agreemenl
that this insurance is prirnary and non-
contributory with the additional insured's
own insurance,
{4} Duties in The Event Of Accident, Claim,
Suit or Loss
lf you have agreed in a written contract
or written agreemenl that another
person or organization be added as an
additional insured on your policy, the
additional insured shall be required to
comply with the provisions in LOSS
CONDITIONS 2. . DUTIES IN THE
EVEi\iT OF ACCiDEi\iT, CLAiivi , SUiT
OH LOSS _ OF SECTION IV
BUSINESS AUTO CONDITION$, in the
same manner as the Named lnsured.
E. Primary and Non-Conlributory il
Hequired by ConFact
Only with respect to insurance provided to
an additional insured in 1.D. - Additional
lnsured ll Fequired by Contract, the
following provisions apply:
{3) Primary lnsurance When Required By
Contract
This insurance is primary it you have
agreed in a written contract or written
agreemenl thal this insurance be
primary. lf other insurance is also
primary, we will share witlr alt thal other
insurance by the method described in
Other lnsurance 5.d.
(4) Primary And Non-Contributory To Other
lnsurance When Required By Contract
lf you have agreed in a writien contract
or wrilten agreement that this insurance
is primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not
seek contribution from that olher
insurance.
Paragraphs (3) and (4) do not apply to other
in$urance to which the additional insured
has been added as an additiCInal insured.
When this insurance is exceos, we will have no
duty to defend the insured against any "suil" if
any other insurcr has a dury to defend the
insured against lhat "suit". lf no other insurer
defends, we will undertake to do so, bui we will
be entilled to the insured's rights against all
those olher insurers.
When this insurance is excess over other
insurance, we will pay only our share of lhe
amount af the loss, if any, that exceeds the sum
of:
(1) The total amouni that all such other
insurance would pay fc,r the loss in the
absence o{ this insurance; and
(2) The total of all deductible and self-insured
amounts under all lhat other insuranco.
We will share the remaining loss, it any, by the
method described in Other lnsurance 5.d.
2. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee"
on your behatf and at your direction will be
considered an "auto" you hire.
The OTHER INSUFIANCE Condition is amended
by adding the following:
O 201'1, The Hartford (lncludes copyrighted material
of ISO Properties, lnc., with its permission.)Form HA 99 16 03 12 Page 2 ol 5
ll an "employee's" personal insurance also
applies on an excess basis to a covered "auto"
hired or rented by your "employee" on your
behalf and al your direction, lhis insurance will
be primary to the "employee's" personal
insurance.
3. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. . FELLOW EMPLOYEE - ol
SECTION ll - LIABILITY COVERAGE does not
apply if you have workers' cornpensation
insurance in-force covering alt of your
"employee$",
Coverage is excess over any other collectible
insurance.
4. HIRED AUTO PHYSICAL DAMAGE COVERAGE
lf hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Speci{ied
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 limit.
The most we will pay {or "loss" to any hired
"auto" is:
(1 ) $100,000;
(2) The aclual cash value ot the damaged or
stolen property at the time of th6 "loss"; or
(3) The cost of repairing or replacing the
damaged 0r $tolen property,
whichever is smallest, rninus a deductible. The
deductible will be equal lo lhe largest deductibte
applicable to any owned "auto" for that
coverage. No deductible applies to "loss" caused
by fire or lightning. Hired Auto Physicat Damage
coverage is excess over any other collectible
insurance. Subject to tho 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 o{ use of the hired "auto"
if it results from an "accident", you are legally
liable and the lessor incurs an actual financial
loss, subject to a maximum of $1000 per
"accident"-
This extension of coverage doos not apply to
any "auto" you hire or borrow from any of your
"omployee$", partners (if you are a parlnership),
members (if you are a limited liability company),
or members of their households.
5. PHYSICAL DAMAGE - ADDITIONAL
TEMPORARY TRANSFORTATION EXPENSE
COVEHAGE
Paragraph A.4.a. of $ECTION lll - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of S50 per day and a maximum limit of
sl,000.
6. LOANILEASE GAP COVHRAGE
Under SECTION lll - PHYSICAL DAMAGE
COVERAGE, in the event of a total "los$" to a
covered "auto", we will pay your addilional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/leas€.
"Outstanding balance" means the amount you
owe on lhe loanllease at the lime of "lo$s" less
any amouni$ representing taxes; overdue
payment$; penalties, interest or charges
resulting from overdue payment$; additional
mileage charges; excess wear and tear charges;
lease termination feee; security deposits not
returned by the lessor; costs lor extended
warranties, credil life lnsurance, health, accident
or disability insurance purchased with lhe loan or
lease; and carry-over balances from previous
loans or leases.
7. AIRSAG COVERAGE
Under Paragraph B. EXCLUSIONS of
SECTION III - PHYSICAL DAMAGE
COVERAGE, the following is added:
The exclusion relating to mechanical breakdown
does not apply to the accidenlal discharge of an
airbag,
8. ELECTHONIC EQUTPMENT . BROAOENED
COVERAGE
a, The exceptions t0 Paragraphs 8.4
EXCLUSIONS - of SECTTON tll - PHYSTCAL
DAMAGE COVERAGE are reptaced by the
following:
Exclusions 4.c. and 4.d. do nol apply to
equipment designed to be operated solely
by use of the power lrom the "auto's"
electrical system that, at the time of "loss",
is:
(1) Permanently installed in or upon
the covered "auto";
(2) Removable from a housing unit
which is permanenily installed in
0r upon the covered "auto',,
t3) An integral part ol the same unithousing any eleclronic
equipment described in
Paragraphs {1 ) and i2) above; or
O 2011, The Hartford (lncludes copyrighted material
of ISO Properties, lnc., with its perrnission.)Form HA 99 16 03 12 Page 3 o{ 5
i4) Neeessary for the normal
operation of the covered "auto" or
the monitoring of the covered
"aulo's" operating sy$tem,
b,Section lll - Version CA 00 01 03 10 of the
Business Auto Coverage Form, Physical
Damage Coverage, Limit sl lnsurance,
Paragraph C.2 and Version CA 00 01 10 01 ot
the Susiness Auto Coverage Form, Physical
Damage Coverage, Limil of lnsurance,
Paragraph C are each amended lo add the
following:
$1,500 is the most we will pay for "lo$s" in
any one "accidenl" lo all electronic
equipment {other than equipment designed
solely tor the reproduction of sound, and
accessories used with such equipment)
that reproduees, receives or lransmits
audio, visual or data signals which, at the
lime oi "loss", is:
(1) Permanently installed in or upon
the covered "auto" in a housing,
opening or sther location that is not
normally used by the "auto"
manu{acturer for the in$tallation of
such equipment:
(2) Remavable 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
1o eloctronic equipment only, our obligation to
pay for, repair, return or replace damaged or
stolen electronic equipment will be reduced by
the applicable deductible shown in the
Declarations, or $250, whichever deductible is
less.
9. EXTRA EXPENSE . BROADENED
COVERAGE
Under Paragraph A. - COVERAGE - ol SECTION
lll - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.
10. GLASS REPAIR. WAIVER OF DEDUCTIBLE
Under Paragraph D, - DEDUCTIBLE - ol SECTIONlll - PHYSICAL DAMAGE COVEFTAGE, the
lollowing is added:
No deductible applies to glass damage if the
glass is repaired rather lhan replaced.
11. TWo c'R MOnE nHnUCTtAt,FS
Under Paragraph D. - DEDUCTIBLE - ol SECTIONIII PHYSICAL DAMAGE COVEFIAGE, thE
following is added:
ff another Hartfsrd Financial Services Group,
Inc. company policy or coverage form lhat is not
an aulomobife policy or coverags form applies to
the same "accident", the following applies:
{1) lf the deductible under this Business Auto
Coverage Form is the smalfer {or smaltest}
deductible, it will be waived;
{2} lf the deductibla under this Eusiness Auto
Coverage Form is not the smaller {or
smallest) deductible, it will be reduced by
lhe amount ol lhe smatler (or smallest)
deductible.
12. AMENCIED DUTIE$ IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS
The requirernent in LOSS CONDITIONS 2.a. -
DUTIES IN THE EVENIT OF ACCIDENT,CLAIM,
SUIT OR LOSS - of $ECTION lV - BUSINESS
AUTO CONDITIONS that you must notify us of
an "accidenl" applies onty when lhe "accident" is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
{4) An executive officer or insurance manager, il
you are a ccrporation.
13. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
lf you unintenlionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Fsrm because ol such failurre.
14, HIRED AUTO - COVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIONS 7. -
POLIOY PERIOD, COVEBAGE TERRITORY -
of SECTION lV BUSINESS AUTO
CONDITION$ is replaced by the following:
e. For short-term hirod "aulos", the coverage
territory with respect to Liability Coverage is
anywhere in lhe world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "prop€rty damage" is
determined in a "suit," the "suit" is brought in
the United $tates of America, the territories
and possessions of the United State$ of
America, Puerlo Flico or Canada or in a
settlemenl we agree to.
15. WAIVER OF SUBROGATION
TRANSFER OF RIGHTS OF RECOVENY
AGAINST OTHERS TO US - of SECTION lV -
BUSINESS AUTO CONDITIONS is amended by
adding the following:
O 2011, The Haruord (lnctudes copyrighted material
of ISO Properties, lnc., with its permission,)Form HA Sg 16 03 12 Page 4 ol 5
We waive any right of recovery we may have
against any person or organization with whom
you have a written contracl that requires such
waivsr because of payments we make for
damage$ under this Coverage Form.
16. RESULTANT MENTAL ANGUISH COVEBAGE
The definition of "bodily injury" in SECTION V-
DEFINITIONS is replaced by the following:
"Bodily injury" means bodily injr:ry, sickness or
clisease sustained by any person, including
mental anguish or dealh resulting from any of
ihese.
17. EXTENDED CANCELLATION CONDITION
Paragraph 2. ol the COMMON POLTCY
CONDTTIONS - CANCELLATION - applies
except as follows:
lf we cancel lor any rea$on other than
nonpaymeill of premium, we will mail or deliver
to the lirst Named Insured written notice o{
cancellation al least S0 days belore the eflective
date of cancellation.
18. HYBRID, ELECTRIC, OR NATURAL GAS
VEHICLE PAYMENT COVEFAGE
ln the event of a total loss to a "non-hybrid" auto
for which Comprehensive, $pecified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical
Damage Coverages are amended as follows:
a.lJ the auto is replaced with a "hybrid" auto or
an aulo powered solely by electricity or naiural
gas, we will pay an additional 10%, to a
maximum of $2,500, of the "non-hybrid" auto's
actual cash value or replacement eost,
whichever is less,
b.The aulo must be replaced and a copy ol a bill
of sale or new lease agreement received by us
within 60 calendar days of the dale ol "loss,"
e. Regardless of lhe number of autos deemed a
total lo$s, lhe most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision lor any one
"loss" is $10,000,
For the purposes of the covorage provision,
a.A "non-hybrid" auto ts delined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
h,A "hybrid" auto i$ defined as an auto with an
internal combu$tion engine and one or more
electric motors; and that uses the internal
combustion angine and one ot mote olectdc
motors to move the auto, or the inlernal
combustion engine to charge one or more
eleotric motors, which move the auto.
19. VEHICLE WRAP COVERAGE
ln the event oJ a tolal loss to an "auto" lor which
Comprehensive, Specified Causes ol Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:
ln addition to the actual cash value o{ the "auto",
we will pay up lo $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" al the
time of tolal loss, Regardless of the number of
autos deemed a total loss, the mosl we will pay
under this Vehicle Wrap Coverage provision fcr
any one "los$" is $5,000, For purposes of this
coverage provision, signs or other graphics
painted or magnetically aflixed to the vehicle are
not considered vehicle wraps.
Gl2011, The Hartford (lncludes copyrighted material
of ISO Properties, lnc., with its permission.iForm HA 99 16 03 12 Page 5 of 5
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE HEAD IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER
FROM OTHERS ENDORSEMENT
Policy Number: 52 WE OL6H8D Endorsement Number:
Effective Date: a6n0ft022 Effective hour is the sam€ as stated on lhe lnformation Page of the policy
Named lnsured and Addrees: GEOENGINEERS INC
B41O 154TH AVE NE
REDMOND WA 98052
We have the right to recover our payments from anyane liable for an injury covered by this poticy, We will not entorce our
right against the person or organizaiion narned in the Schedule.
This agreement $hall not operate diroctly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
Any person or organization for whom you are required by contracl or agreement to obtain lhis waiver from us.
Endorsemenl is not applicable in KY, NH, NJ or for any MO construction risk
Authorized Representative
Form WC 00 0313 Printed in U.S,A.
Process Date: a6nane22
Countersigned by
Policy Expiralion Date: 06/3012023
POLICY NUMBER: Se UUN 0r,S66?
Each Occurrence Limit
Personal and Advertising lnjury Limit
Damage io Premises Flented to You - Any One Premises
Medical Expense Limit - Any One Person
General Aggregate Limit
Location Generaf Aggregale Limit
Projeci General A0gregate Limit
Maximum Annual Aggregate Limit
Products-Completed Operations Aggregate Limit
ln relurn lor the payment of the premiu
Coverage Part not expressly modilied
$ee Declarations Page
@
@@
See Declarations Page
tr
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PER LOCATION AND PER PROJECT - AMENDMENT OF
GENERAL AGGREGATE SUBJECT TO MAXIMUM ANNUAL
AGGHEGATE LIMIT
This endorsemenl modilies insurance provided under the folfowing
COMMERCIAL GENEFIAL LIABILITY COVERAGE PART
SCHEDULE
$
$
$
$
$
$
$
$
$
m when due and subject to allthe terms of the Commercial General Liability
herein, we agree with you as follows:
A. The LIMITS OF INSUFANCE (SECT|ON tll) is
deleted in its entirety and replaced with the
following;
'1. The Most we wllt Pay
The Limils o{ lnsurance shown in the above
Schedule and the rules below fix lhe most we
will pay rogardless of the number of :
a. Insureds;
b. Ctaims made or "suits" brought; or
c. Persons or organizations rnaking claims
or bringing "suits".
2. MaximumAnnual Aggregate
The Maximum Annual Aggregate Limit is the
most we will pay for the sum of :
a. Damages under the General Aqgregate
Limit;and
b, Damages under:
(1) Any one or more Location General
Aggregate Limit{s), as described in
paragraph 4. below; or
(2) Any one or more Project General
Aggregal€ Limit(s), as described in
paragraph 5. below.
3. GeneralAggregateLimit
Subject to 2. above, the General Aggregate
Limit is the mo*t we will pay for the sum of:
a. Damages under Coverage B Personal
and Advertising lnJury Liability; and
b. Damages under Coverage C Medical
Payments, and Coverage A Bodily
lnjury and Property Damage Liabllity,
with the following exceptions:
(1) "Bodily injury" or "property damage,'
included in the "producls-completed
operations hazard";
Form HS 25 42 06 08
@ 2008, The Hartlord
(lncludes copyrighted material ol lnsurance Services Office, lnc, with its permission.)
Page 1 ol 3
(2) "Bodily injury" or "property damage"
attributed solely to ongoing operations
at a single "location";or
{3) "Bodily injury" or "property damage"
altributed solely to ongoing operations
at a single "project".
c. "Properly damage" included as Damage
to Premises Rented to You.
4. Location Aggregate Limit
Subject to 2. above:
a. A separate Location General Aggregate
Limit applies to each single "location", in
lieu of and not in addition to, the General
Aggregate. Such Location General
Aggregate is the mosl we will pay for all
damages under Coverage A Bodily
lnjury and Property Damage Liability,
or Coverage C Medical Payments, wilh
the f0llowing exceptions:
(1) "Bodily injury" or "prcperty damage"
included in the "products-completed
operations hazard"; or
(2) "Froperty 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 operalions at a single
"localion". Such damages will erode
lhe General Aggregate Limit as
provided in paragraph 3. above.
b. The Location GeneralAggregate Limit:
{1) Applies only to "occurrencos"
attributed solely to ongoing operations
a1 a single "location"; and
(2) Does not include damages for
Coverage B Personal and
Advertising lniury Liability, no
matter where or in how many
"locations" the olfense or olfenses
may be comrnitted. $uch damages
will erode the General Aggregate
Limit as provided in paragraph 3.
above.
c. Any payments made under this paragraph
4., for damages {or "bodily injury",
"property damage", or medieal expenses
under Coverage C, shall reduce the
Maximum AnnualAgcregate Limit and the
Location General Aggregate for that
"location". Such payments shall not
reduce the General Aggregate Limit or the
Products-Completed operations
Aggregate Limit nor shallthey reduce any
other Localion General Aggregate Limit,
5. Project Aggregate Lirnit
Subject to 2. above:
lf a written contracl or written agreemenl or
permit requires a separate "project" general
aggregate limil, the following willapply:
a. A separate Project General Aggregate
Limit applies to each single "project", in
lieu of and not in addition to, the General
Aggregate. Such Project General
Aggregate is the most we will pay for all
damages under Coverage A Bodily
lnlury and property Damage Llabllity,
or Coverage O Medical Payments, with
the following exceptions:
(1) "Bodily injury" or "property damage"
included in the "products-completed
operations hazard"; or
(2) "Property damage" included in the
Damage to Premises Rented t0 You
coverage; or
{3) "Bodily injury", "property damage", or
medical expenses under Coverage C,
which cannot be attributed solely to
the ongoing operations at a single
"project". Such damages will erode
the General Aggragate Limit as
provided in paragraph 3. above.
b. The Project GeneralAggregate Limit:
{1) Applies only to "occurrences"
attributed solely to ongoing operations
at a single "project"; and
(2) Does not include damages for
Coverage B Personal and
Advertlsing lniury Liabillty, no
matter where or in how many
"project$" the offense or olfenses may
be commitled. Such darnages will
erode the General Aggregate Limit as
provided in paragraph 3, above.
c. Any payments made under lhis paragraph
5., for damages for "bodily injury",
"property damage", or medical expenses
under Coverage C, shall reduce the
Maximum ,Annual Aggregate Limit and the
Project General Aggrsgate for that
"project". Such payments thall not
reduce the General Aggregate Limit or the
Products-Cofipleted Opsrations
Aggregate Limit nor shall they reduce any
other Project General Aggregate Limii.
Form HS 25 42 06 0B Page 2 ol 3
6. Products-Completed Operatlons
Aggregate Limit
The Products-Completed Operations
Aggregate Limit is the most we will pay for
damages because of "bodily injury" anc|
"property damage" included in the "products-
completed operations hazard".
7. PersonalAnd Advertlsing lnjury Llmlt
Subject to 3. above, the Personal and
Advertising lnjury Limit is the most we will pay
under Coverage B Personal and
Advertising lnJury Liability for the sum ot atl
damages because of all "personal and
advertising injury" sustained by any one
person or organization.
8. Occurrence Limit
Subject to 3., 4., 5., or 6. above, whichever
applies, the Each Occurrence Limit is the
mosl we will pay for damages under "bodily
injury" or "properg damage" arising out of any
one "occurrence".
9. Damages To Premises Rented To You
Limit
Subject to 8. above, the Damage to Premises
Rented to You Limit is the most we will pay lor
damages because of "propefi damage" to
any one premises, while renled to you, or in
the case of damage by fire, lightning or
explosion, while rented lo you or t€mporarily
occupied by you with permission ol the owner.
ln the case of damage by fire, lightning or
explosion, the Damage to Premises Rented to
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or
explosion or any combination o{ these.
The Damage to Prsmises Rented to you
Coverage is not subject 10 any Location
General Aggregate Limit or any project
General Aggregate Limit, but will erode the
General Aggregate Limit.
10. Medical Expense Limit
$ubject to 3,, 4., or 5, above, whichever
applies, the Medicat Expense Any One
Person Limit is the most we will pay under
Coverage C Medical Payments lor all
medical expenses because of "bodily injury,,
sustained by any one person.
$uch Medical Payments Coverage is subjectto either the Location General Aggregate
Limit, Project General Aggregate Limit or the
General Aggregate Limit as provided in
paragraphs 3., 4., or 5. above.
11. How Llmits Apply To Additional lnsureds
lf you have agreed in a written contract or
written agreement that anolher person or
organization be added as an additional
insured on your poliey, the most we will pay
on behall o{ such additional insured is the
lesser ot:
(1) The limits of insurance specilied in the
written contract or wrilten agreemenl; or
{2) The Limits ol lnsurance shown in ths
Declarations.
Such amount shall be a part o{ and not in
addition to Limits ol lnsurance shown in the
Declarations and described in this Section.
12.11 More Than One Limit ol lnsurance
Applies
lf more than one limit of insurance under this
Coverage Part and any endorsements
attached thereto applies to any claim or "$uit",
the most we will pay under this Coverage Parl
and such endorsements is the single highest
limil al liability of all coverages appticable to
such claim 0r "suit".
However, this paragraph 12. does not apply to
ths Medical Expense Limit for Coverage C.
The Limits of lnsurance o{ this Coverage Part apply
separately to each conseculive annual period and to
any remaining period ol less than '12 months, starting
with the beginning ol the policy period shown in the
Declarations. unless lhe policy period is extended
after is$uance for an additional period of less lhan 12
months. ln that case, lhe additional period will be
deemed part of the last preceding period for purposes
of determining tho Limits ol lnsurance.
B" For the purposes ol this endorsement, the
Delinitions Section is amended by the addition of
the following de{initions:
"Location" means premises involving the same or
connecting lots, or prernises whose connection is
interrupted only by a street, roadway, waterway or
righl of way of a railroad.
"Projecl" means a jobsite including premises
involving the same or connecting lots, or premises
whose connection is interrupled only by a street,
roadway, wateruay or righl of way of a railroad. lfa "project" has been abandoned and then
restarted, or if the authorized contracting parties
deviate from plans, blueprints, designs,
specifications or tirnetables, the prolect will slill be
deemed as the same project.
Form HS 25 42 06 08 Page 3 ol 3
POLICY NUMBER: 52UUNOLSS62
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION
TO DESIGNATED CERTIFICATE HOLDER
SCHEDULE
Number of Days Notice:
Part A: - 9-0----
Name of Gertilicate Holder:
ANY PERSON OR ORGANIZATION TO WHOM
YOU HAVE AGREED IN A WRITTEN CONTRACT.
Mailing Address:
THE ADDRESS FOR THAT PERSON OR ORGANIZATION
INCLUDE} IN SUCH WRITTEN CONTRACT.
Part B:10
Part C; 30
This policy is subject to the following additional
Conditions when a number of days are shown in the
Schedule for any of the above Part$.
A. lf this policy is cancelled by the Company, other
than fot nonpayment of premium, notice of such
cancellation will be provided to the certificate
holder in lhe Schedule, at least the number ot
days in advance o{ the cancellation effective date,
as shown in Part A.
B, lf this policy is cancelled by lhe Company for
nonpayment of premium, notice of such
cancellation will be provided to the cerlificate
holder in the Schedule within the number of days
notice of the cancellation effective date, as shown
in Part B.
C. lf this pollcy is cancelled by the insured, notice of
such cancellation will be provided to the certificate
holder in the Schedule, within the number of days
notice of the cancellation elfective date. as shown
in Part C.
lf notice is mailed, proof ol mailing notice to the
certificate holder's rnailing address as shown in
the Schedule will be su{licient proof ol notice. lf
the number of days notice in the schedule for any
Part is teft blank or is shown as zero, no notice will
be provided to the Scheduled certificate hslder
under that Part.
Any notification rights provided by this
endorsernent apply only to active cerlificate
holder{s} who were issued a certificate of
insurance applicable to this policy's term
Failure to provide such notice to the certificate
holder(s) will not amend or extend the date the
cancellation becomes effective, nor will it negate
cancellation of the policy, Failure to send notice
shall impose no liability of any kind upon the
Company or its agents or representatives.
Form lH 0315 0611
O 2011, The Harlford
Fage 1 ol 1
POLICY NUMBEH: 52UENOL5663
THIS ENDOHSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION
TO DESIGNATED CERTIFICATE HOLDER
SCHEDULE
Number of Days Notice:
Part A: -l-9- -
Part B; - 10
Part C: 30
Name of Certilicate Holder:
ANY PERSON OR ORGANIZATION TO WHOM
YOU HAVE AGREED IN A WRIfiEN CONTRACT.
Mailing Address:
THE AI}DRESS FOR THAT PERSON OR ORGANIZATION
II.ICLUDED IN SUCH WRITTEN CONTRACT.
This policy is subject to the following additional
Conditions when a number of days are shown in the
Schedule for any of the above Part$.
A. lf this policy is cancelled by the Compsny, other
than for nonpayment of premium, notice of such
eancellation will be provided to the certificate
holder in the Schedule, at least the number of
days in advance of the cancellation ef{ective dale,
as shown in Part A,
B. lf this policy is eancelled by the Company for
nonpayment of prenrium. notice ol such
cancellalion will be provided to the certificate
holder in the Schedule within the number of days
notice of the cancellation effective date, as shown
in Part B.
C. lf this policy is cancelled by the in$ured, notice ot
such cancellation will be provided to the certificate
holder in the Schedule. within the number of days
notice of the cancellation eflective date, as shown
in Part C.
It notice is mailed, proo{ o{ mailing notice to the
ceriificate holder's mailing address as shown in
the Schedule will be sufficieni proof ol noiice. lf
the number of days notice in the schedule for any
Part is teft blank or is shown a$ zero, no nctice will
be provided to the Seheduled certificate hotder
under that Part.
Any notification rights provided by thi$
endorsement apply only to active certificate
holder{s) who were issued a certificate of
insurance applicable to this policy's term
Failure to provide such notice to the certilicate
holder{s) will not amend or extend the date the
cancellation becomes ef{ective. nor will it negate
cancetlation ol the policy. Failure to send notice
shall impose no liability of any kind upon the
Company or it$ asents or representatives.
Form lH 03 15 06'11
O 2011, Tlra Harlford
Page 1 ol 1
THIS ENDOHSEMENT CHANGES THE FOIICY, PLEASE HEAD IT CAREFULLY.
NOTTCE OF CANCELLATTON TO CERTTFTCATE HOLDER(S)
Policy Number: 52WEOL6H80 Endorsement Numbor: "
Eflective Date: 06/3012022 Effective hour is lhe same as staled on the !nformation Page of the policy
Named lnsured and Address:
ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTSN AGREEMENT OR CONTRACT.
This policy is subject to the lollowing additional
Conditions:
A. lf this policy is cancelled by the Company, other
than for non-payment of premium, notice of such
cancellation will be provided at least thirty (30)
days in advance of the canceltation effective
date to the certificate holder(s) with mailing
addresses on file with tho agent of record or the
Company.
B. lf this policy is cancelled by the Company for
non-payment of prernium, or by the insured,
notice of such cancellation will be provided
within ten {10) days of the cancellation eflectivo
dale to the certificate holderts) wilh mailing
addresses on lile with the agent of record or the
Company.
Form WC 99 03 94 Printed in U.S,A
Process Date: 0613012022
lf notice is mailed, prcof of mailing to the last known
mailing address ol the certificate holder(s) on file
with the agent of record or the Company will be
sufficient proof of notice.
Any notification rights provided by this endorsement
apply only lo active certificale holde(s) who were
issued a certificate ol insurance applicable to this
policy's term.
Failure to provide such notice to the certificale
holderis) wilf not amend or extend the date the
caficellation becomes effective, nor will it negale
cancollation oJ the policy. Failure to send notica
shall impose no liabilily of any kind upon the
Company or ils agents or representatives.
@2811, The Hartford
Policy Expiration Date: 06/30/2023
TERRA
Terra Insurance Company
(A Risk Retention Group)
Two Fifer Avenue, Suite I OO
Corte Madera, CA 94925
DATE
01t0y2z CERTIFICATE OF INSURANCE
INSURANCE COMPANY
CERTIFICATE HOLDER
City of Kent
Attn: Chad Bieren, PE
220 Fourth Avenue South
Kent, WA 98032
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 Professional Liability
POLICY NUMBER
222019
EFFECTIVE DATE
0110U22
EXPIRATION DATE
t2l3U22
LIMITS OF LIABILITY $3,000,000
$3,000,000
EACH CLAIM
ANNUAL AGGREGATE
PROJECT DESCRIPTION
City of Kent, Design Review of Desimone Levee Repairs - GeoEngineers No. 0410-176-03
CANCELLATION: lf 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
(lO) days in advance for non-payment of premium. lf 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 ISSUING COMPANY:
TERRA INSURANCE COMPANY
GeoEngineers, Inc.
1101 S. Fawcett Avenue, Suite 200
Tacoma, WA 98402
(A Risk Retention Group)
fu;MK
President