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CAG2021-189 - Amendment - #2 - Custom Coating Consultants, LLC - West Hill Reservoir - 03/09/2023
FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form Dir Asst: • For Approvals,Signatures and Records Management Dir/Dep: KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASHINGTON Sheet forms. Originator: Department: Karin Bayes for Phil McConnell Public Works Date Sent: Date Required: c 03/10/2023 3/14/2023 CL Director or Designee to Sign. Date of Council Approval: CL Q Interlocal Agreement Uploaded to Website ❑✓ N/A Budget Account Number: Grant?[:]YesE]No W20005 Budget?R]Yes:No Type: N/A Vendor Name: Category: Custom Coating Consultants, LLC Contract Vendor Number: Sub-Category: = Amendment 0 Project Name: West Hill Reservoir E c Project Details:Vendor shall provide additional coatings related inspection and � p 9 p = testing services for the West Hill Reservoir Project. c a) 4) Agreement Amount: $9 000.00 Basis for Selection of Contractor: Direct Negotiation 47 `Memo to Mayor must be attached 3- Start Date: 3/9/2023 Termination Date: 6/30/2023 Im Q Local Business?F--]YesF--]No* If meets req uiremen ts per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace. Business License Verification:Yes:ln-Process:Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: FlYesF]No CAG2021-189 Comments: a1 G 3 4) H •� i N 3 f0 C V1 Date Routed to the City Clerk's Office: 3/10/23 ac«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 • KEN T 'X..S. t N AMENDMENT NO. 7 NAME OF CONSULTANT OR VENDOR: Custom Coating Conr2ylltantE, LLC CONTRACT NAME & PROJECT NUMBER: West Hill Reservoir ORIGINAL AGREEMENT DATE: April 13, 2021 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: The Vendor shall provide additional coatings related inspection and testing services for the West Hill Reservoir project. For a description, see the Vendor's Scope of Work, which is'attached as Exhibit A and incorporated by this reference. 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, $89,102.34 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $89,102.34 including all previous amendments Current Amendment Sum $9,000.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $98,102.34 AMENDMENT - I OF 2 Original Time for Completion 12/31/22 (insert date) Revised Time for Completion under 6/30/23 prior Amendments (insert date) Add'I Days Required (±) for this 0 Amendment Revised Time for Completion 6130/23 (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: Chad Bieren B C. Bleren 2023.03.09 y: . C�-- 4 By: 16:1 fi:12-08'00' (signa re) (signature) Print Name: W' `14' k- C. 1-% CcA Print Name: Chad Bieren Its 0c►A4?-r &!-W-W !-e-T Its Public Works Director true} (title) DATE: 47�a�3_� _ DATE: ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) ��F{L l Kent City Clerk Kent Law Department AMENDMENT - 2 OF 2 EXHIBIT A McConnell, Phil From: mark ficca caccifmarcus@hotmail.comn Sent: Friday, February 24, 2023 8:42 AM To: McConnell, Phil Subject: Custom Coatings West Hill Budget EXTERNAL EMAIL Hi Phil, For the overflow and Anchor Chairs, I would estimate an additional 40.0 hours of inspection time, billed at$99.75 per/hr, so I would add another$4,000 for that portion of work as an estimate. 12-1 ,..ems: �,�ti :'K -'tom-e-' Thanks Mark Get Outlook for iOS From: McConnell, Phil<PMcConnell@kentwa.gov> Sent: Friday, February 24, 2023 5.42,51 AM To: mark ficca<accifmarcus@hotmail.com> Subject: FW: Kent West Hill Budget Mark, I think we will want you back for the overflow and the anchor chair coating. Will you add that into your calculations. Phil McConnell, Capital Projects Manager Construction Management I Public Works Department 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-5542 1 Cell 253-261-5685 omcconnell@K_e tWA.aov CITY OF KENT, WASHINGTON KentWAxio-Y Facebook YouTub PLEASE CONSID Eli THE ENVIRONMENT BEFORE PRINTING THIS£-MAIL From: mark ficca<accifmarcus@hotmail.com7 Sent:Thursday, February 23, 2023 5:23 PM To: McConnell, Phil<PMcConnell@kentwa.gov> Subject: Re: Kent West Hill Budget EXTERNAL EMAIL Thank you and I won't invoice until I hear further. 1 Mark Ficca Get Outlook for iOS From: McConnell. Phil<PMcConnell@kentwa.goy> Sent:Thursday, February 23, 2023 4:59:38 PM To: mark ficca<accifmarcus@hotmail.com> Subject: RE: Kent West Hill Budget Mark, Thank you. Please do not invoice the City until I get an amendment to the original contract. I will start on it tomorrow. Phil McConnell, Capital Projects Manager Construction Management I Public Works❑epartment 220 'Fourth Avenue South, Kent, WA 98032 Phone 253-856-5542 1 Cell 253-261-5685 pmcconnell(d)KentW A.oov CITY OF KENT,WASHINGTON KentWA.gov Facebook YauTube From: mark ficca<accifmarcus@hotmail.com> Sent:Thursday, February 23, 2023 4:57 PM To: McConnell, Phil<PMcConnell@kentwa.gov_> Subject: Kent West Hill Budget EXTERNAL EMAIL Hi Phil: As of my Invoice 429996,there was$9,690.98 lift in the budget, with days billed on that Invoice thru 1/27/2023. Based on my calculations, It appears that as of today 2/23/2023, my hours since the last Invoice are totaled at 114.5 hours. Based on the hourly rate of$99.75, that would put me at a total thru 2/23/2023 at $11,421.37. Which exceeds the original amount so far at$1,730.39. Assuming that the contractor has three days left, 1 would estimate the total amount at (24.0 hrs- @ $99.75)- 2/24, 2/27 and 2/28/23- 3 days -$2,394.00. Thus, I believe the final amount would be $1,730.39 +$2,394.00 =$4,124.39 in additional contract amount to complete the interior, based on progress by the contractor. Exterior touchup and completion of miscellaneous-stairs, overflow piping and associated supports are also yet to be completed. Please contact me if needed. 2 Thanks, Mark C. Ficca -Owner/Member NACE Inspector w/ Bridge Endorsement- Level 3 Certified Cell - 253-222-9190 Custom Coating Consultants, LLC www.Gustomcoatin Consultants.com TIV.r e-mail it sew mkly jor Me i alendrd rr,rpir al{sf wills onfidenAzZ prifrPrged a id orprT&1ag iAfernvarion,ifyas'ir rrrrilyd fbt1 e-mail b r mistake and arc not I&spulfie rArpmot named,pkux immediate!#dekle 1•Gis ewmil and—y alla Amenlr in 11"r eetirro amd Ro0i the sm&rl anllwr im9rcdiplebr 3 McConnell, Phil From: Barry,Jason Sent: Friday, March 3, 2023 6.40 PM To: McConnell, Phil Cc: Connor, Eric Subject: Extension 2 Custom Coatings Barry approval Looks good to me Phil. Let's go ahead and process. Thanks, Jason Jason Barry, Capitat Projects supervisor Construction Management I Public works Department 220 Fourth Avenue South, Kent, WA 98032 40 Phone 253-856-5546 I Cell 253-797-8462 KENT ibarrv@KentWA.go� www.KentWA.gov PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E- MAIL From: McConnell, Phil<PMcConnell@kentwa.gov> Sent: Friday, February 24, 2023 10:57 AM To: Barry,Jason<JBarry@kentwa.gov> Cc: Connor, Eric<EConnor@kentwa.gov> Subject:WH Res-Custom Coatings contract amendment review Jason, I've attached a contract amendment request for Custom Coatings at the West Hill Reservoir. Please review and comment. I'll create a pdf once we approve and start routing it for signatures. The attached email from Mark Ficca thought $8100 would be sufficient, I rounded up to $9000. Phil McConnell, Capital Projects Manager Construction Management I Public Works Department 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-5542 1 Cell 253-261-5685 I]mcconnel[(cDKentWA.gQ.Y CITY OF KENT,WASHINGTON KentWA.ciov Facebook YouTube �LcASE iJN53C=i3 ri c i'I'_ko;J i . .. P.": 1ir TiiiS E-MAIL -4;.�u CERTIFICATE OF LIABILITY INSURANCE °AI '°°"�""' 04/18/2022 THIS CERTIFICATE IS ISSU90 AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES aELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pvlicy(ies) must be endorsed. If SUBROGATIONIS WAIVED. Subject to the terms end conditions of the poiticy,certain poiieles may require an endorsement.A statement on this certificate does not confer rights to tare certificate holder in Reu of such endorsoment(s). PRODUCER CORTACT ----- USI INSURANCE SERVICES LLCIPHS T--- A1715776 PHONE (877)532.3486 jFAx t888y443-6112 The Hartford Business Service Center tAX Ho,E+Irl' _ (AAX.Nop 3600 Wiseman Blvd E-MML San Antonio,Tx 78251 ADORCS5 iNSURERIst AFFQFUNNO COVERAGE NA W INSURED INSURER A: Hartford Casualty Insurance Company 29424 CUSTOM COATING CONSULTANTS INSURER 0 PO BOX 23789 INSURER C FEDERAL_WAY WA 98093.0709 INSURER D INSURER E INSURER F: , COVERAGES CERTIFICATE NUMBER: REVISION NUMBER, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTIMTHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS INe TYPE OF INSLRANGI! ADDL aU9R Hwy NUMBER POLICY EFF POLICY EMP I Ur1iTS COMMERCIAL GENF RAC 1,"ILnY EACII QCCvRMwX 32,000,000 CLAM%-MQEaOCCUR R TORENTED $300.000 i x General Liability MED EXP{Any ow persanl y1 o.coo A x 41 SSA ES5039 04/13/2022 04/130023 PERSONAL A ADV INJURY $2,000,000 atIL AGGREGATE LIMIT APPLIES PER GINCRtt AGGREGATE ��D�4 POLICY PRO- LOC PPODUCTS COMPIOP Ar,G $4.000.000 JE•.CT OT"VR AUTOMOBILE LIABILrrY COMINNED SINGLE LIMIT ANY AUTO BODILY INJURY(Per FarsonI ALL OWNED SCHEOUtED AUTOS AUTOS aDOiLY INJURY(Per aoc+7er1) HIRED NUR-O%%W.I) PROPERTY DAMACA AUTOS AUIL?5 (Per YCrldmu) UMBRELLA LIAR EACH OCCURRENCE EXCESS UA0 CLAWS MADE AGGREGATE D RETENTION YOURKER3 COMPENS A-T Oti PER p AND ErrIPLOYERS'UABIUTY ANY YIN EL EACHACCIDENT $1.000,000 A PROPRIETOWPARTNERJEXECUTIVE wA 41 SBAES5030 04M312022 04113120n 0FFICEWMEPASEA exCLUDED-) E t OPSEASE-12A EMPLOYEF. 81,DD0.o0D (Mammary In NH) If yes,004.0.11Wer C L DISEASE-POLICY L JAI I oo0,OD0 01 TION Of QPE A IEMPLOYMENT PRACTICES 41 SBA ES5039 04M312022 0411312023 Each Claim Limit S5,000 LIABILITY I I I I Aggregate Limit $500 DESCMP77014I OF OPERA 17098 rROCATFOAS I V&fWLES(ACORD 101.Aci ttenal Ramon a kh Wuh,Ivey he alhctled It Mon spw&Is rgquksW) Those usual to the inswed's Cipe+ations.Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy- C R F1 ATE H E CANCELLATIO City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 220 4TH AVE S BEFORE THE EXPIRATION DATE THEREOF.NOTICE WILL BE DELIVERED KENT WA 98032 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORLUD REyP''RESENTATIIV6 1938.2015 ACORD CORPORATION.All rlghts reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD E E A Ra® CERTIFICATE OF LIABILITY INSURANCE DA7a27120DnYYY' 127lzazz THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT ----.4 NAME:Progres5ive Commercial Lines Customer and AcIent Sgrrvicin _ USAA In5uranco Agency Inc- PHONE FAA 9800 FRORCKSBRG HSVCW,SAN ANTONIO.TX 78288 (AIC.No,Ext:1 - 44-4487 Ed11AIL ADDRESS;P ressivecomrnercia mail.pr ressiYe-Com INSURE RIB I AFFORDING COVERAGE NA1C S INSURER A.United Financial Caswity Company 11770 INSURED INSURER B CUSTOM COATINGCONSULTANTS LLC PO BOX 73760 INSURER C; PUYALLUP,WA 98373 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: t8B453862340805607D102722T141403 REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I IN B POLICY EFF LTR TYPE Of INSURANCE SD WVD POLICY NUMBER (lIFMI)DIYYYY) (MWDD E%P MMI❑D(Yl'YY) LIMBS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE❑OCCUR PREMISES Ea oSmrrer&9J MED E(P(Any one person) S PERSONAL 6 ADV INJURY k'TTHER: L AGGREGATE LIMIT APPLIES PER- GENERAL AGGREGATEPRO- PRO❑ TS-COMPIOP AGGOLICY JECT LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea a_cldenl S 2 Opp 000 ANY AUTO OWI� ❑ SCHEDULED BODILY INJURY Par on A AUTOONLY x AUTOS Y N 036954398 0/1912022 09/19/2023 BODILY INJURY Per accident HIR D NON OWNS❑ A x AU OS ONLY x AUTOS ONLY er accident) E UMBRELLA LEAS OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE 3 DED I I RETENTION S $ WORKERS COMPENSATION H- AND EMPLOYERS'LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTIVE ❑ NIA E-L.EACH ACCIDENT S OF FIC ERIME MBE REXCLUDE D7 (Mandatory In NH) E.L.DISEASE-EA EMPLOYE If yes,dogrelbe Vnder DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,AddibonaI Remarks Schedule,may bo attached if more space Is raquirsd) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF KENT ACCORDANCE WITH THE POLICY PROVISIONS. 220 4TH AVE 8 KENT,WA 98032 AUTHORIZED REPRESENTATIVE AGENCY CUSTOMER IQ: LOC#: _— ACCME)i ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEO INSURED USAA insurance Agency Inc. CUSTOM COATINGCONSULTANTS LLC POLICY NUMBER Po BOX 73760 PUYALLUP,WA 98373 D36954398 CARRIER NAIC CODE United Financial Casualty Company 11770 EFFECTIVE DATE:09119l2022 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Additional Coverages Insurance coverage(s) Limits .......................................................................... Undennsured Motorist Bodily Injury $2,000,000 Combined Single Limit .-.-erin-.-.-.-,Mot 'disc... ..... ................................................................. iJnderinsured Motorist Property Damage �$1,000.DDO w!$iQ0�ed�[�3QQ if Hit&Run) Description of LocationNehicles/Special Items Scheduled autos only ..................... .... ... .......................................................... ............................... 2017 Gm CANYtJN iGTP6DE1�Ff1235769 Comprehensive $500 Ded Collision $500 Ded Roadside Assistance Selected 20 SUSARU w CROSSTREK SF2GTHSC7FtFi224 88 Comprehensive $500 Ded Collision $500 Ded Llabibty coverage may not apply to all scheduled vehicles. Ar ORn irli i9nnRIr ii ra 2noR er.nRn r nRPr1RATIr1N All rinhfe racarvart NNNNN[=rofes7on:a1 Coverage Type Professional Liability Occurrence/Claims Made Claims Made Coverage Limit Deductible General Aggregate 1,000,000 ind defense expenses Each Claim 1,000,000 incf defense expenses 5,000 including defense expenses A "Claims Made"Policy-- "Claims Made"means coverage is afforded only for those losses, which are reported within the policy period. Wrongful Acts: Any actual or alleged breach of duty,error,misstatement, misleading statement or omission done or attempted by the Assureds while in the performance of the Professional Services of the Insured. Professional Services: Solely in the performance of providing Professional Services as Consulting Services, Independent testing and inspection for others for a fee LiabilityProfessional rHazards Lac 4 Classification Class Code Premium Basis Exposure 00001 Coating Adherence Testing, 24817 Gross Sales 210,000 estimated inspection, consulting for others for a fee 5 Policy Information Policy# Effective/Expiration line of Company Total Policy Business premium HPL1200189 05/13/2021 - Professional Certain $4,675 05/13/2022 Liability Underwriters at Lloyds Lloyds Taxes/Fee $ 98.18 Total $4,773.18 Warranties The Assureds shall obtain and maintain general liability coverage with limits equal to or greater than the limit of this policy from an "A" rated (vest's) insurer. Minimum Earned Premium-25% 'Ali quoted premiums are annual estimates and may charge Premium Payment Plan: Agency Bill, Financing is available. I Hentschell & Associates may also receive annual "contingent" and other compensation from one or more of the insurance companies we have used in this proposal. Be assured that the above has had no hearing whatsoever on our choice of companies to use for your account. This is standard with most companies and requires us to have a good overall loss ratio with the company and meet certain other criteria. 3 BUSINESS LIABILITY COVERAGE FORM Farm SS 00 08 04 01 0 2001,The Hartford QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORAM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 1 Professional Services Coverages 2 Incidental Malpractice Coverage 2 Coverage Extension -Supplementary Payments 3 B. EXCLUSIONS 4 C. WHO IS AN INSURED 9 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 12 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 13 1. Bankruptcy 13 2. Duties in The Event of Occurrence, Claim or Suit 13 3. Financial Responsibility Laws 14 4. Legal Action Against Us 14 5. Separation of Insureds 14 6. Unintentional Failure To Disclose Hazards 14 7. Other Insurance—Primary Additional Insured 14 F. OPTIONAL COVERAGES 15 Additional Insureds 15 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 17 Form SS 00 OB 04 01 J BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us"and"our" refer to the stock insurance company member of THE HARTFORD providing this insurance. The word"insured" means any person or organization qualifying as such under Section C. -Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. In consideration of the payment of the premium when due, and: a. In reliance upon the statements made in the Declarations; and b. Subject to the Limits Of Insurance, Exclusions, Definitions, Conditions and all other terms of this policy, including those modified, replaced by or added by endorsements we Issue forming a part of this policy, we agree with you as follows: A. COVERAGES No other obligation or liability to pay sums 1. BUSINESS LIABILITY COVERAGE (BODILY or perform acts or services is covered INJURY, PROPERTY DAMAGE, PERSONAL unless explicitly provided for under AND ADVERTISING INJURY) Coverage Extension - Supplementary Payments. Insuring Agreement b. This insurance applies to: a. We will pay on behalf of the insured those (1) "Bodily injury" and "property damage" sums that the insured becomes legally only if: obligated to pay as damages because of "bodily injury", "property damage" or {a] The "bodily injury" or "property .'personal and advertising injury" to which damage" is caused by a, this insurance applies. We will have the "occurrence" that takes place in right and duty to defend the insured the"coverage territory"; and against any"suit" seeking those damages. (b) The "bodily injury' or "property However, we will have no duty to defend damage" occurs during the policy the insured against any "suit" seeking period. damages for "bodily injury", "property (2) "Personal and advertising injury" damage" or "personal and advertising caused by an offense arising out of injury" to which this insurance does not your business, but only if the offense apply. is committed in the "coverage territory" We may, at our discretion, investigate any during the policy period. "occurrence" or offense and settle any c. Damages because of "bodily injury" claim or"suit"that may result. But: include damages claimed by any person or (1) The amount we will pay for damages organization for care, loss of services or is limited as described in Section D. - death resulting at any time from the "bodily Liability And Medical Expenses Limits injury Of Insurance; and 2. MEDICAL EXPENSES (2) Our right and duty to defend end when insuring Agreement we have used up the applicable limit of a. We will pay medical expenses as insurance in the payment of described below for "bodily injury" caused judgments, settlements or medical by an accident: expenses to which this insurance (1) On premises you own or rent; applies. (2) On ways next to premises you own or rent; or Form S5 00 08 04 01 Page 1 of 20 © 2001,The Hartford BUSINESS LIABILITY COVERAGE FORM (3) Because of your operations; provided (iii) Disposition; that: (iv)Cremation; (a) The accident takes place in the (v) Burial; "coverage territory" and during the policy period; (vi) Embalming;or (b) The expenses are incurred and (Vil) Disinterment, reported to us within three years of of any "deceased human the date of the accident; and body; (c) The injured person submits to (viii)Conduct of any memorial examination, at our expense, by service even though no physicians of our choice as often "deceased human body' as we reasonably require. actually be present;and b. We will make these payments regardless (ix) Injury to, destruction of or of fault. These payments will not exceed interference with the right of the applicable limit of insurance. We will burial of a "deceased human pay reasonable expenses for; body". (1) First aid administered at the time of an (b) Professional service by any accident; insured as a member of a: (2) Necessary medical, surgical,x-ray and (1) Formal accreditation board;or dental services, including prosthetic (ii) A similar professional board or devices; and committee. (3) Necessary ambulance, hospital, (2) This insurance also applies to professional nursing and funeral damages for "property damage" services. caused by an"occurrence"to: 3. PROFESSIONAL SERVICES COVERAGES (a) Urns; When your operations include: (b) Caskets, linings or fittings; a. Optical or hearing aid establishments, (c) Casket cases; Exclusion J. (7) in Section B. - EXCLUSIONS does not apply. (d) Crypts or mausoleums; or b. Retail druggist or drugstore, Exclusion j. (e) Other facilities belonging to others (10) in Section B. - EXCLUSIONS does that are in the care, custody or not apply. control of the insured and used for c. Funeral director or funeral parlors, the the purpose of burying or caring following professional services coverage is fora"deceased human body". added: (3) Only Exclusions d., e„ f. and k, in (1) The Business Liability Coverage Section B. - EXCLUSIONS apply to applies to damages arising out of this coverage. professional services by you or your (4) Additional Definition "employees" in the course of your "Deceased human body" includes any mortician or funeral parlor business. part of a human body severed Subject to the Limits of Insurance therefrom and ashes of a deceased stated in Section D. of this form, we human body after legal cremation, will pay on behalf of the insured those 4. INCIDENTAL MALPRACTICE COVERAGE sums that the insured becomes legally obligated to pay as damages for a. The definition of "bodily injury" in Section "bodily injury" including mental G. - LIABILITY AND MEDICAL. anguish, and "property damage" EXPENSES DEFINITIONS is amended to because of any: include injury arising out of the rendering (a) Professional malpractice, error or or failure to render medical or paramedical services to persons by any physician, omission in the dentist, nurse, emergency medical (1) Removal; technician or paramedic who is employed (ii) Handling; by you to provide such services. Page 2 of 20 Form SS 00 08 04 01 BUSINESS LIABILITY COVERAGE FORM b. Paragraph 2.a.(1)(d) in Section C. - WHO a. The "suit" against the indemnitee seeks IS AN INSURED does not apply to nurses, damages for which the insured ha emergency medical technicians or assumed the liability of the indemnitee in a paramedics referred to in a. above. contract or agreement that is an "insured c, Paragraph (1) of Exclusion e. in Section B. contract"; - EXCLUSIONS does not apply to injury to b. This insurance applies to such liability the emotions or reputation of a person assumed by the insured; arising out of such services. c. The obligation to defend, or the cost of the This incidental Malpractice Coverage does defense of, that indemnitee, has also been not apply if you are engaged in the assumed by the insured in the same business or occupation of providing any "insured contract"; services referred to in a. above. COVERAGE EXTENSION - SUPPLEMENTARY d. The allegations in the "suit" and the PAYMENTS information we know about the "occurrence" are such that no conflict 1. We will pay, with respect to any claim or "suit" appears to exist between the interests of we investigate or settle, or any "suit" against the insured and the interest of the an insured we defend: indemnitee; a. All expenses we incur. e. The indemnitee and the insured ask us to b. Up to $1,000 for the cost of bail bonds conduct and control the defense of that required because of accidents or traffic indemnitee against such "suit" and agree law violations arising out of the use of any that we can assign the same counsel to vehicle to which Business Liability defend the insured and the indemnitee; Coverage for "bodily injury" applies. We and do not have to furnish these bonds. c. The cost of bonds to release attachments, t. The indemnitee: but only for bond amounts within the (1) Agrees in writing to: applicable limit of insurance. We do not (a) Cooperate with us in the have to furnish these bonds. investigation, settlement a- d. All reasonable expenses incurred by the defense of the"suit"; insured at our request to assist us in the (b) Immediately send us copies of any investigation of the claim or defense of the demands, notices, summonses or "suit", including actual loss of earnings up to legal papers received in $540 a day because of time off from work, connection with the "suit"; e. All costs taxed against the insured in the (c) Notify any other insurer whose "suit". coverage is available to the f. Prejudgment interest awarded against the indemnitee; and insured on that part of the judgment we (d) Cooperate with us with respect to pay. If we make an offer to pay the coordinating other applicable applicable limit of insurance, we will not insurance available to the pay any prejudgment interest based on indemnitee; and that period of time after the offer. (2) Provides us with written authorization to: g. All interest on the full amount of any (a) Obtain records and other judgment that accrues after entry of the j information related to the "suit"; judgment and before we have paid, offered to pay, or deposited in court the and part of the judgment that is within the (b) Conduct and control the defense applicable limit of insurance. of the indemnitee in such"suit". Any amounts paid under a. through g. above S❑ long as the above conditions are met, will not reduce the Limits of Insurance. attorneys fees incurred by us in the 2. If we defend an insured against a "suit" and an defense of that indemnitee, necessary indemnitee of the insured is also named as a litigation expenses incurred by us and party to the "suit", we will defend that necessary litigation expenses incurred by indemnitee if all of the following conditions are the indemnitee at our request will be paid met: as Supplementary Payments. Form SS 00 08 04 01 Page 3 of 20 BUSINESS LIABILITY COVERAGE FORM Not withstanding the provisions of execution of the contract or paragraph 1.b.(b) of Section B. — agreement. Solely for the purpose EXCLUSIONS, such payments will not be of liability assumed in an "insured deemed to be damages for "bodily injury" contract", reasonable attorney and "property damage" and will not reduce fees and necessary litigation the Limits of Insurance. expenses incurred by or for an Our obligation to defend an insured's indemnitee are deemed to be indemnitee and to pay for attorneys fees and damages because of "bodily necessary litigation expenses as injury" or "property damage" Supplementary Payments ends when: provided: a, We have used up the applicable limit of (i) Liability to such indemnitee insurance in the payment of judgments or for, or for the cost of, that settlements;or indemnitee's defense has also been assumed in the same b. The conditions set forth above, or the "insured contract", and terms of the agreement described in paragraph f.above, are no longer met. (ii) Such attorney fees and litigation expenses are for B. EXCLUSIONS defense of that indemnitee 1. Applicable to Business Liability Coverage against a civil or alternative This insurance does not apply to: dispute resolution proceeding in which damages to which a. Expected or Intended Injury this insurance applies are (1) "Bodily injury" or "property damage" alleged. expected or intended from the c. Liquor Liability standpoint of the insured, This "Bodily injury' or "property damage" for exclusion does not apply to "bodily which any insured may be held liable by injury" or "property damage" resulting reason of: from the use of reasonable force to protect persons or property; or (1) Causing or contributing to the (2) "Personal and advertising injury' intoxication of any person; arising out of an offense committed (2) The furnishing of alcoholic beverages to by, at the direction of or with the a person under the legal drinking age or consent or acquiescence of the under the influence of alcohol;or insured with the expectation of (3) Any statute, ordinance or regulation inflicting "personal and advertising relating to the sale, gift, distribution or injury". use of alcoholic beverages. b. Contractual Liability This exclusion applies only if you are in the (1) "Bodily injury"or"property damage';or business of manufacturing, distributing, selling, serving or furnishing alcoholic (2) "Personal and advertising injury" beverages. for which the insured is obligated to pay d. Workers Compensation and Similar damages by reason of the assumption of Laws liability in a contract or agreement. Any obligation of the insured under a This exclusion does not apply to liability for workers' compensation, disability benefits damages because of: or unemployment compensation law or (a) "Bodily injury", "property damage" any similar law. or "personal and advertising e. Employer's Liability injury"that the insured would have "Bodily injury"to: in the absence of the contract or (1) An "employee" of the insured arising agreement;or out of and in the course of.- (b) "Bodily injury' or "property damage" (a) Employment by the insured; or assumed in a contract or agreement that is an "insured contract', (b) Performing duties related to the provided the "bodily injury' or conduct of the insured's business,or "property damage" occurs subsequent to the Page 4 of 20 Form SS 00 08 04 01 BUSINESS LIABILITY COVERAGE FORM (2) The spouse, child, parent, brother or (b) At or from any premises, site or sister of that "employee" as a location which is or was at am consequence of(1)above. time used by or for any insured yr This exclusion applies: others for the handling, storage, (1) Whether the insured may be liable as disposal, processing or treatment of waste; an employer or in any other capacity; and (c) Which are or were at any time (2) To any obligation to share damages transported, handled, stored, eated, disposed of, or processed with or repay someone else who must treated, waste by or for: pay damages because of the injury. as(I) Any insured;or This exclusion does not apply to liability assumed by the insured under an "insured (ii) Any person or organization for contract whom you may be legally f. Pollution responsible;or (1) "Bodily injury", "property damage" or (d) At or from any premises, site or location on which any insured or "personal and advertising injury" any contractors or subcontractors arising out of the actual, alleged or directly working dire or indirectly on threatened discharge, dispersal, any insured ctly behalf are seepage, migration, release or escape of"pollutants": performing operations if the a At or from an remises, site or the are Drought on or to [ ) Y p premises, site or location in location which is or was at any connection with such operations time owned or occupied by, or by such insured, contractor or rented or loaned to any insured. subcontractor. However, this However, this subparagraph does subparagraph does not apply to: not apply to: (1) "Bodily injury" or "property (1) "Bodily injury" if sustained damage" arising out of thr within a building and caused escape of fuels, lubricants e. by smoke, fumes, vapor or other operating fluids which soot from equipment used to are needed to perform the heat that building; normal electrical, hydraulic or (ii) "Bodily injury" or "property mechanical functions damage" for which you may necessary for the operation of be held liable, if you are a "mobile equipment" or its contractor and the owner or parts, if such fuels, lubricants lessee of such premises, site or other operating fluids or location has been added to escape from a vehicle part your policy as an additional designed to hold, store or insured with respect to your receive them. This exception ongoing operations performed does not apply if the "bodily for that additional insured at injury" or "property damage" that premises, site or location arises out of the intentional and such premises, site or discharge, dispersal or location is not and never was release of the fuels, lubricants owned or occupied by, or or other operating fluids, or if rented or loaned to, any such fuels, lubricants or other insured, other than that operating fluids are brought on additional insured;or or to the premises, site or location with the intent that (iii) "Bodily injury" or "property they be discharged, dispersed damage" arising out of heat, or released as part of the smoke or fumes from a operations being performed by "hostile fire"; such insured, contractor or subcontractor; Form SS 00 08 04 01 Page 5 of 20 BUSINESS LIABILITY COVERAGE FORM (1i) "Bodily injury' or "property rented or loaned to any insured. Use damage" sustained within a includes operation and "loading or building and caused by the unloading". release of gases, fumes or This exclusion applies even if the claims vapors from materials brought against any insured allege negligence or into that building in connection other wrongdoing in the supervision, with operations being performed hiring, employment, training or monitoring by you or on your behalf by a of others by that insured, if the contractor or subcontractor; or "occurrence" which caused the "bodily (iii) "Bodily injury" or "property injury" or "property damage" involved the damage" arising out of heat, ownership, maintenance, use or smoke or fumes from a entrustment to others of any aircraft, "hostile fire". "auto" or watercraft that is owned or (e) At or from any premises, site or operated by or rented or loaned to any location on which any insured or insured. any contractors or subcontractors This exclusion does not apply to: working directly or indirectly on (1) An aircraft that is: any insured's behalf are performing operations if the (a) Hired, chartered or loaned with a paid crew; but operations are to test for, monitor, clean up, remove, contain, treat, (b) Not owned by any insured; detoxify or neutralize, or in any (2) A watercraft while ashore on premises way respond to, or assess the you own or rent; or effects of, "pollutants". (3) A watercraft you do not own that is: (2) Any loss, cost or expense arising out (a) Less than 51 feet long; and of any: (a) Request, demand, order or (b) Not being used to carry persons statutory or regulatory requirement for a charge. that any insured or others test for, This provision (3) applies to any monitor, clean up, remove, person who, with your expressed or contain, treat, detoxify or implied consent either uses or is neutralize, or in any way respond responsible for use of a watercraft. to, or assess the effects of Provisions under paragraphs (1) and (3) of "pollutants"; or this Exclusion g. do not apply if the insured (b) Claim or suit by or on behalf of a has any other insurance for"bodily injury' or governmental authority for "property damage" liability that would also be damages because of testing for, covered under those provisions, whether the monitoring, cleaning up, removing, other insurance is primary, excess, containing, treating, detoxifying or contingent or on any other basis. In that neutralizing, or in any way case, provisions (1) and (3) above d❑ not responding to, or assessing the provide any insurance. effects of, "pollutants". (4) Parking an "auto" on, or on the ways However, this paragraph does not next to, premises you own or rent, apply to liability for damages because provided the "auto" is not owned by or of "property damage" that the insured rented or loaned to you or the insured; would have in the absence of such (S) Liability assumed under any "insured request, demand, order or statutory or contract" for the ownership, regulatory requirement, or such claim maintenance, or use of aircraft or or "suit" by or on behalf of a watercraft; or governmental authority. g. Aircraft, Auto or Watercraft (6) "Bodily injury" or "property damage" arising out of the operation of any of "Bodily injury' or "property damage" arising the equipment listed in Paragraphs out of the ownership, maintenance, use or f.(2) or f.(3) of the definition of"mobile entrustment to others of any aircraft, "auto" equipment". or watercraft owned or operated by or h. Mobile Equipment Page 6 of 20 Form SS 00 08 04 01 BUSINESS LIABILITY COVERAGE FORM "Bodily injury"or"property damage"arising Paragraphs (4)and(5)of this exclusion do out of: not apply to Incidental Malpractic (1) The transportation of "mobile coverage afforded under paragraph 4. it, equipment" by an "auto" owned or Section A.-COVERAGE. operated by or rented or loaned to any k. Damage to Property insured;or "Property damage"to: (2) The use of "mobile equipment" in, or (1) Property you own, rent or occupy, while in practice or preparation for, a including any costs or expenses prearranged racing, speed or incurred by you, or any other person, demolition contest or in any stunting organization or entity, for repair, activity. replacement, enhancement, I. War restoration or maintenance of such "Bodily injury"or"property damage" due to property for any reason, including war,whether or not declared, or any act or prevention of injury to a person or condition incidental to war. War includes damage to another's property; civil war, insurrection, rebellion or (2) Premises you sell, give away or revolution. abandon, if the "property damage" This exclusion applies only to liability arises out of any part of those assumed under a contract or agreement. premises; j. Professional Services (3) Property loaned to you; "Bodily injury", "property damage" or (4) Personal property in care, custody or "personal and advertising injury'due to the control of the insured; rendering of or failure to render any (5) That particular part of real property on professional service. This includes but is which you or any contractor or not limited to: subcontractor working directly or (1) Legal, accounting or advertising indirectly on your behalf is performing services; operations, if the "property damage" (2) Preparing, approving, or failing to arises out of those operations;or prepare or approve maps, shop (6) That particular part of any property drawings, opinions, reports, surveys, that must be restored, repaired or field orders, change orders, designs or replaced because "your work" was drawings and specifications; incorrectly performed on it. (3) Supervisory, inspection, architectural Paragraphs (1). (3) and (4) of this or engineering activities; exclusion d❑ not apply to "property (4) Medical, surgical, dental, x-ray or damage" (other than damage by fire) to nursing services or treatment; premises, including the contents of such premises, rented to you for a period of 7 or (5) Any health Service or treatment; fewer consecutive days. A separate Limit (6) Any cosmetic or tonsorial service or of Insurance applies to Damage To treatment; Premises Rented To You as described in (7) Optical or hearing aid services Section D.-LIMITS OF INSURANCE. including prescribing, preparation, Paragraph (2) of this exclusion does not fitting, demonstration, or distribution of apply if the premises are "your work" and ophthalmic products or hearing aid were never occupied, rented or held for devices; rental by you, (8) Optometric services including but not Paragraphs(3)and (4)of this exclusion do limited to examination of the eyes and not apply to the use of elevators. prescribing of ophthalmic lenses and Paragraphs (3), (4), (5) and (6) of this exercises; exclusion do not apply to liability assumed (9) Ear piercing services; under a sidetrack agreement. (10) Services in the practice of pharmacy. Paragraph (4) of this exclusion does not (11) Computer consulting, design or apply to "property damage" to borrowed programming services, including web equipment while not being used to perform site design. operations at a job site. Form SS 00 08 04 01 Page 7 of 20 BUSINESS LIABILITY COVERAGE FORM Paragraph (6) of this exclusion does not (2) Arising out of oral, written or electronic apply to"property damage" included in the publication of material whose first "products-completed operations hazard". publication took place before the I. Damage to Your Product beginning of the policy period; "Property damage" to "your product" (3) Arising out of a criminal act committed arising out of it or any part of it. by or at the direction of the insured; m. Damage to Your Work (4) Arising out of any breach of contract, "Property damage" except an implied contract to use to "your work" arising another's "advertising idea" in your out of it or any part of it and included in the "advertisement"; products-completed operations hazard". This exclusion does not apply if the (5) Arising out of the failure of goods, damaged work or the work out of which products or services to conform with the damage arises was performed on your any statement of quality or behalf by a subcontractor. performance made in your n. Damage to Impaired Property Or "advertisement"; Property Not Physically Injured (6) Arising out of the wrong description of „ the price of goods, products or Property damage to impaired property" services: or property that has not been physically injured, arising out of: (7) Arising out of any violation of any (1) A defect, deficiency, inadequacy or intellectual property rights, such as dangerous condition in "your product" patent, trademark, trade name, tradesecret, service mark or other or"your work";or designation of origin or authenticity. (2) A delay or failure by you or anyone However, this exclusion does not acting on your behalf to perform a contract or agreement in accordance apply to infringement, in your "advertisement",of with its terms. This exclusion does not apply to the loss (a) Copyright; of use of other property arising out of (b) Slogan, unless the slogan is also a sudden and accidental physical injury to trademark, trade name, service "your product" or "your work" after it has mark or other designation of origin been put to its intended use. or authenticity; or o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others;or (1) "Your product"; (c) An Internet search, access, (2) "Your work"; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, LIABILITY AND MEDICAL deficiency, inadequacy or dangerous EXPENSES DEFINITIONS. condition in it. For the purposes of this exclusion, p. "Personal and Advertising Injury": placing an "advertisement" for or (1) Arising out of oral, written or electronic linking to others on your web site, byitself, is not considered the business publication of material, if done by or at of advertising, broadcasting, the direction of the insured with knowledge of its falsity; publishing or telecasting; Page 8 of 20 Form SS 00 08 04 01 BUSINESS LIABILITY COVERAGE FORM (9) Arising out of an electronic chat room d. Workers Compensation And Similar or bulletin board you host, own, or Laws over which you exercise control; To a person,whether or not an "employee" (10) Arising out of the unauthorized use of of any insured, if benefits for the "bodily another's name or product in your e- injury" are payable or must be provided mall address, domain name or under a workers' compensation or metatag, or any other similar tactics to disability benefits law or a similar law. mislead another's potential customers; e. Athletics Activities (11) Arising out of the violation of a To a person injured while taking part in person's right of privacy created by athletics. any state or federal act, f_ Products-Completed Operations However, this exclusion does not Hazard apply to liability for damages that the insured would have in the absence of Included with the "products-completed such state or federal act; operations hazard". (12) Arising out of: g. Business Liability Exclusions (a) An "advertisement" for others on Excluded under Business Liability your web site; Coverage. (b) Placing a link to a web site of h. War others on your web site; or Due to war, whether or not declared, or (c) Content from a web site of others any act or condition incidental to war. War displayed within a frame or border includes civil war, insurrection, rebellion or on your web site. Content revolution. includes information, code, C. WHO IS AN INSURED sounds,text, graphics or images; 1. If you are designated in the Declarations as: (13) Arising out of a violation of any anti- a. An individual, you and your spouse are trust law; or insureds, but only with respect to the (14) Arising out of the fluctuation in price or conduct of a business of which you are the value of any stocks, bonds or other sole owner. securities. b. A partnership or joint venture, you are an Exclusions c. through i., k., i., m. and n. do insured. Your members, your partners not apply to damage by fire, lightning or and their spouses are also insureds, but explosion to premises rented to you. A only with respect to the conduct of your separate Limit of Insurance applies to this business. coverage as described in Section D. - c. A limited liability company, you are an LIABILITY AND MEDICAL EXPENSES insured. Your members are also insureds, LIMITS OF INSURANCE, but only with respect to the conduct of your 2. Applicable to Medical Expenses Coverage business. Your managers are insureds, We will not pay expenses for"bodily injury": but only with respect to their duties as your a. Any Insured manager. To any insured, except "volunteer d. An organization other than a partnership or workers". joint venture or limited liability company, you are an insured. Your "executive b. Hired Person officers" and directors are insureds, but To a person hired to do work for or on only with respect to their duties as your behalf of any insured or a tenant of any officers or directors. Your stockholders insured. are also insureds, but only with respect to c. Injury On Normally Occupied Premises their liability as stockholders. To a person injured on that part of e. A trust, you are an insured. Your trustees premises you own or rent that the person are also insureds, but only with respect to normally occupies. their duties as trustees. 2. Each of the following is also an insured: Form SS 00 08 04 01 Page 9 of 20 BUSINESS LIABILITY COVERAGE FORM a. Your "employees", other than either your (2) Until your legal representative has "executive officers" (if you are an been appointed. organization other than a partnership,joint d. Your legal representative if you die, but venture or limited liability company)or your only with respect to duties as such. That managers (if you are a limited liability representative will have all your rights and company), but only for acts within the duties under this insurance. scope of their employment by you or while performing duties related to the conduct of e. Any"employee"of the insured while acting your business. However, none of these in the scope of his/her duties as a retail "employees"is an insured for: pharmacist,or optician or optometrist. (1) "Bodily injury" or "personal and f. Additional Insureds by Contract, advertisinginjury": Agreement or Permit 1 Any person or organization with whom you m(a) you, to your partners or agreed, because of a written contract or members (if you are a partnership agreement or permit, to provide insurance or joint venture), to your members such as is afforded under this Business c you are a limited liability Liability Coverage Form, but only with company], ore a co-"employee"is either respect to your operations, "your work" or while that co-"employee" is either in the course of his or her facilities awned or used by you. employment or performing duties However, coverage under this provision related to the conduct of your does not apply: business; (1) Unless the written contract or (b) To the spouse, child, parent, agreement has been executed or a brother or sister of that co- permit has been issued prior to the "employee" as a consequence of "bodily injury", "property damage" or "personal and advertising injury", Paragraph (1)(a)above; (c) For which there is any obligation (Z) To any person or organization included as an insured under provision to share damages with or repay (Broad Form Vendors}. someone else who must pay g• damages because of the injury (3) To any other person or organization described in Paragraphs (1)(a) or shown in the Declarations as an (b)above; or Additional Insured. (d) Arising out of his or her providing Coverage under this provision includes or failing to provide professional the following: health care services. (1) When an engineer, architect or (2) "Property damage"to property: surveyor becomes an insured under provision 2J., the following additional (a) Owned,occupied or used by; or exclusion applies: (b) Rented to, in the care, custody or "Bodily injury", "property damage" or control of, or over which physical "personal and advertising injury' control is being exercised for any arising out of the rendering of or the purpose by you, any of your failure to render any professional "employees", any partner or services by or for you including: member (if you are a partnership (a) The preparing, approving, or or joint venture), or any member(if failure to you are a limited liability prepare or approve maps, shop drawings, opinions, company). reports, surveys, field orders, b. Any person (other than your "employee"), change orders, designs or or any organization while acting as your drawings and specifications; and real estate manager. (b) Supervisory, inspection, c. Any person or organization having proper architectural or engineering temporary custody of your property if you activities. die,but only: (2) When a lessor of leased equipment (1) With respect to liability arising out of becomes an insured under provision the maintenance or use of that 2.f., the following additional exclusions property; and apply: Page 10 of 20 Form SS 00 08 04 01 BUSINESS LIABILITY COVERAGE FORM (a) To any "occurrence" which takes (b) Any express warranty place after the equipment lease unauthorized by you; expires; or (c) Any physical or chemical change (b) To "bodily injury" or "property in product made intentionally by damage" arising out of the sole the vendor; negligence of the lessor. (d) Repackaging, unless unpacked (3) When owners or other interests solely for the purpose of from whom land has been leased inspection, demonstration, testing, become an insured under provision or substitution of parts under 2,f., the following additional exclusions instructions from the apply: manufacturer, and then (a) Any "occurrence" which takes repackaged in the original container; place after you cease to lease that land; or (e) Any failure to make such inspections, adjustments, tests or [b) Structural alterations, new construction or demolition servicing as the vendor has operations performed by or on agreed to make or normally behalf of the owners or other undertakes to make in the usual interests from whom land has been course of business, in connection with the distribution or sale of the leased. products; (4) When managers or lessors of (f) Demonstration,installation,servicing premises become an insured under or repair operations except such provision 2.f., the following exclusions operations performed at the apply: vendor's premises in connection (a) Any "occurrence" which takes with the sale of the product; place after you cease to be a (g) Products which, after distribution tenant in that premises: or or sale by you, have been labeled (b) Structural alterations, new or relabeled or used as construction or demolition container, part or ingredient of any operations performed by or on other thing or substance by or for behalf of the manager or lessors the vendor. of the premises. (2) This insurance does not apply to any g. Additional Insured - Broad Form insured person or organization, from Vendors whom you have acquired such Any person or organization with whom you products, or any ingredient, part orcontainer, entering into, accompanying agreed, because of a written contract or or containing such products. agreement to provide insurance, but only with respect to "bodily injury" or "property (3) This provision g. does not apply to any damage" arising out of "your products" vendor included as an insured by an which are distributed or sold in the regular endorsement issued by us and made course of the vendor's business, subject to a part of this Coverage Part. the following additional exclusions: (4) This provision g. does not apply if (1) The insurance afforded the vendor "bodily injury" or "property damage" does not apply to: included within the "products- completed operation hazard" is (a) "Bodily injury" or "property excluded either by the provisions of damage" far which the vendor is obligated to pay damages by the Coverage Part or by endorsement. reason of the assumption of h. Broad Form Named Insured liability in a contract or agreement. Any subsidiary and subsidiary thereof, of This exclusion does not apply to yours which is a legally incorporated entity liability for damages that the of which you own a financial interest of vendor would have in the absence more than 50% of the voting stock on the of the contract or agreement; effective date of this coverage form, Form SS 00 08 04 01 Page 11 of 20 BUSINESS LIABILITY COVERAGE FORM The insurance afforded herein for any (11) To the spouse, child, parent, subsidiary not shown in the Declarations brother or sister of your as a named insured does not apply to "volunteer workers" or your injury or damage with respect to which an "employees" as a insured under this insurance is also an consequence of paragraph (1) insured under another policy or would be (a) above;or an insured under such policy but for its (c) "Property damage"to property: termination or upon the exhaustion of its limits of insurance. (i) Owned, occupied or used by, 1. Newly Formed or Acquired (ii) Rented to, in the care, custody Organizations or control of, or over which Any organization you newly acquire or physical control is being form, other than a partnership or joint exercised for any purpose by venture, and over which you maintain you, any of your other "volunteer ownership or majority interest, will qualify workers", your "employees", any as a Named Insured if there is no other partner or member (if you are a similar insurance available to that partnership or joint venture) or any organization. However: member (if you are a limited (1) Coverage under this provision is liability company). afforded only until the 180th day after 3. Additional Insured -Mobile Equipment you acquire or form the organization or With respect to "mobile equipment" registered the end of the policy period, whichever in your name under any motor vehicle is earlier; and registration law, any person is an insured while (2) Coverage under this provision does driving such equipment along a public highway not apply to: with your permission. Any other person or (a) "Bodily injury" or "property organization responsible for the conduct of damage"that occurred; or such person is also an insured, but only with respect to liability arising out of the operation (b) "Personal and advertising injury" of the equipment, and only if no other arising out of an offense insurance of any kind is available to that committed before you acquired or person or organization for this liability. formed the organization. However, no person or organization is an j. Additional Insured—Volunteer Workers insured with respect to: Your "volunteer workers", but only while a. "Bodily injury" to a co-"employee" of the performing duties related to the conduct of person driving the equipment; or your business. b. "Property damage" to property owned by, rented to, in the charge of or occupied by (1) However, "volunteer workers" are you or the employer of any person who is insureds forr:: an insured under this provision. (a) "Bodily injury", "property damage" d advertising No Person or organization is an insured with or "personal an injury arising out rendering or respect to the conduct of any current or past the failure to render professional partnership, joint venture or limited liability company that is not shown as a Named Insured in services. the Declarations, (b) "Bodily injury" or "personal and D. LIABILITY AND MEDICAL EXPENSES advertising injury": LIMITS OF INSURANCE (1) To you, to your partners or members (if you are a 1. The Limits of Insurance shown in the partnership or joint venture), Declarations and the rules below fix the most to your members (if you are a we will pay regardless of the number of: limited liability company), your a. Insureds; other"volunteer workers" or to b. Claims made or"suits"brought; or your "employees" arising out of and in the course of their c. Persons or organizations malting claims or duties for you; bringing "suits". Page 12 of 20 Form SS 00 08 04 01 BUSINESS LIABILITY COVERAGE FORM 2. Aggregate Limits If more than one limit of insurance under this policy The most we will pay for: and any endorsements attached thereto applies to a. Injury or damages under the "products- any claim or "suit", the most we will pay under this completed operations hazard" arising from policy and the endorsements is the single highest limit of liability of all coverages applicable to such all "occurrences" during the policy period claim or "suit", However, this paragraph doss not is the Products-Completed operations apply to the Medical Expenses limit set forth in Aggregate Limit shown in the Declarations. paragraph 3.above. b. All other injury or damages, including The limits of this policy apply separately to each medical expenses, arising from all " consecutive annual period and to any remaining occurrences" during the policy period is period of less than 12 months, starting with the the General Aggregate Limit shown in the beginning of the policy period shown in the Declarations. Declarations, unless the policy period is extended This General Aggregate Limit applies after issuance for an additional period of less than separately to each of your "locations" 12 months. In that case, the additional period will owned by or rented to you. be deemed part of the last preceding period for "Location" means premises involving the purposes of determining the Limits of insurance. same or connecting lots, or premises E. LIABILITY AND MEDICAL EXPENSES whose connection is interrupted only by a GENERAL CONDITIONS street, roadway or right-of-way of a railroad. 1. Bankruptcy This aggregate limit does not apply to Bankruptcy or insolvency of the insured or of "property damage" to premises rented to the Insured's estate will not relieve us of our you arising out of fire, lightning or obligations under the policy, explosion. 2. Duties in The Event of Occurrence, 3. Subject to item 2. above, the most we will pay Offense, Claim or Suit for the sum of all damages because of all a. You must see to it that we are notified "bodily injury", "property damage" and medical promptly of an "occurrence" or an offense expenses arising out of any one "occurrence" which may result in a claim. To the extent is the Liability and Medical Expenses Limit possible, notice should include: shown in the Declarations. (1) How, when and where the "occurrence" The most we will pay for all medical expenses or offense took place; and because of"bodily injury" sustained by any one (2) The names and addresses of any person is the Medical Expenses Limit shown in injured persons and witnesses; and the Declarations. (3) The nature and location of any injury 4. Subject to item 2, above, the most we will pay or damage arising out of the for the sum of all damages because of all "occurrence"or offense. "personal and advertising injury" sustained by This condition applies only when the any one person or organization is the Personal "occurrence"or offense is known to: and Advertising Injury Limit shown in the Declarations. (1) You, if you are an individual; 5. The most we will pay under Business Liability (2) A partner, if you are a partnership; or Coverage for damages because of "property (3) A manager if you are a limited liability damage" to premises rented to you, or in the company; case of fire, while rented to you or temporarily (4) An "executive officer" or insurance occupied by you with permission of the owner, manager, if you are a corporation;or is the Damage To Premises Rented To You (5) Any elected or appointed official, if you Limit shown in the Declarations, are a political subdivision or public The Damage to Premises Rented To You Limit entity. applies to all damage proximately caused by b. If a claim is made or "suit" is brought the same event, whether such damage results against any insured, you must: from fire, lightning or explosion or any 1 Immediate) record the specifics of the combination of the three. { ) Y p claim or "suit" and the date received; and Form SS 00 08 04 01 Page 13 of 20 BUSINESS LIABILITY COVERAGE FORM (2) Notify us as soon as practicable. A person or organization may sue us to You must see to it that we receive a recover on an agreed settlement or on a final written notice of the claim or"suit" as soon judgment against an insured; but we will not be as practicable. liable for damages that are not payable under the terms of this insurance or that are in But this condition will not be considered excess of the applicable limit of insurance. An breached unless the breach occurs after agreed settlement means a settlement and such claim or "suit" is known to anyone release of liability signed by us, the insured listed in 2 .a. (1)through (5)above. and the claimant or the claimant's legal a You and any other involved insured must: representative. (1) Immediately send us copies of any 5. Separation of Insureds demands, notices, summonses or Except with respect to the Limits of Insurance, legal papers received in connection and any rights or duties specifically assigned in with the claim or"suit"; this policy to the first Named Insured, this (2) Authorize us to obtain records and insurance appiies: other information; a. As if each Named Insured were the only (3) Cooperate with us in the investigation, Named Insured; and settlement of the claim or defense b. Separately to each insured against whom against the "suit"; and a claim is made or"suit" is brought. (4) Assist us, upon our request, in the G. Unintentional Failure to Disclose Hazards enforcement of any right against any person or organization that may be It is agreed that based on our reliance on your liable to the insured because of injury representations as to existing hazards, if or damage to which this insurance unintentionally you should fail to disclose all may also apply. such hazards at the inception date of your d. No insureds will, except at their own cost, policy, we shall not deny any coverage under voluntarily make a payment, assume any this Coverage Form because of such failure. obligation, or incur any expense, other 7. Other Insurance - Primary Additional than for first aid, without our consent. Insured 3. Financial Responsibility Laws If the written contract or agreement or permit a. When this policy is certified as proof of requires this insurance to be primary for any financial responsibility for the future under person or organization with whom you agree to the provisions of any motor vehicle include in WHO IS AN INSURED, this Other financial responsibility law, the insurance Insurance Provision is applicable. provided by the policy for "bodily injury" If other valid and collectible insurance is liability and "property damage" liability will available for a loss we cover under this comply with the provisions of the law to the Business Liability Coverage Form, our extent of the coverage and limits of obligations are limited as follows: insurance required by that law. a. Primary Insurance b. With respect to "mobile equipment" to This insurance is primary. We will not which this insurance applies, we will seek contributions from other insurance provide any liability, uninsured motorists, available to the person or organization with underinsured motorists, no-fault or other whom you agree to include in WHO IS AN coverage required by any motor vehicle INSURED, except when b. applies. law. We will provide the required limits for those coverages, b. Excess insurance 4. Legal Action Against Us This insurance is excess over: No person or organization has a right under (1) Any other insurance, whether primary, this coverage form: excess, contingent or on any other a. To join us as a party or otherwise bring us basis: into a "suit" asking for damages from an (a) That is Fire, Extended Coverage, insured; or Builder's Risk, installation Risk or b. To sue us on this coverage form unless all similar coverage for"your work"; of its terms have been fully complied with. Page 14 of 20 Form SS 00 08 04 01 BUSINESS LIABILITY COVERAGE FORM (b) That is Fire insurance for F. OPTIONAL COVERAGES premises rented to you or temporarily occupied by you with If listed or shown as applicable in the Declarations, permission of the owner; one or more of the following Optional Coverages also apply. These coverages are subject to the (c) That is insurance purchased by terms and conditions applicable to Business you to cover your liability as a Liability Coverage in this policy, except as provided tenant for "property damage" to below: premises rented to you or 1, Additional Insured - Designated Person or temporarily occupied by you with Organization permission of the owner; or (d) If the loss arises out of the WHO IS AN INSURED under Section C. is maintenance or use of aircraft, amended to include as an insured the person "autos" or watercraft to the extent or organization shown in the Declarations, but not subject to Exclusion g, of only with respect to liability arising out of your Section A.—Coverages. operations or premises owned by or rented to you. (2) Any other primary insurance available to you covering liability for damages Additional Insured - Managers or Lessors arising out of the premises or of Premises operations for which you have been a. WHO IS AN INSURED under Section C. is added as an additional insured by amended to include as an insured the attachment of an endorsement. person(s) or organization(s) shown in the When this insurance is excess over other Declarations; but only with respect to insurance, we will pay only our share of liability arising out of the ownership, the amount of the loss, if any, that maintenance or use of that part of the exceeds the sum of: premises leased to you and shown in the Declarations and subject to the following (1) The total amount that all such other additional exclusions: insurance would pay for the loss in the b, Additional Exclusions absence of this insurance; and (2) The total of all deductible and self- This insurance does not apply to: insured amounts under all that other (1) Any "occurrence" which takes place insurance. after you cease to be a tenant in that We will share the remaining loss, if any, premises; or with any other insurance that is not (2) Structural alterations, new described in this excess of the Limits of construction or demolition operations Insurance shown in the Declarations of performed by or for that person or this Coverage Part. organization. c, Method of Sharing 3. Additional Insured -Grantor of Franchise If all the other insurance permits WHO IS AN INSURED under Section C. is contribution by equal shares, we will follow amended to include as an insured the this method also. Under this approach, persons) or organization(s) shown in the each insurer contributes equal amounts Declarations, but only with respect to their until it has paid its applicable limit of liability as grantor of franchise to you. insurance or none of the loss remains, 4. Additional insured - Lessor of Leased whichever comes first. Equipment If any of the other insurance does not a. WHO IS AN INSURED under Section C. is permit contribution by equal shares, we amended to include as an insured the will contribute by limits. Under this person(s) or organization(s) shown in the method, each insurer's share is based on Declarations, but only with respect to their the ratio of its applicable limit of insurance liability arising out of the maintenance, to the total applicable limits of insurance of operation or use by you of equipment all insurers, leased to you by such person(s) or This provision provides such insurance as organization(s). is afforded under this coverage form, but b. Additional Exclusions: only with respect to your operations, "your work" or facilities owned or used by you. This insurance does not apply: Form S5 00 08 04 01 Page 15 of 20 BUSINESS LIABILITY COVERAGE FORM (1) To any"occurrence"which takes place (a) "Bodily injury' or "property after the equipment lease expires;or damage" for which the vendor is (2) To"bodily injury" or"property damage" obligated to pay damages by arising out of the sole negligence of reason of the assumption of the lessor. liability in a contractor agreement. 5. Additional Insured - Owners or Other This exclusion does not apply to Interests From Whom Land Has Been liability for damages that the Leased vendor would have in the absence WHO 15 AN INSURED under Section C. is of the contract or agreement; amended to include as an insured the person (b) Any express warranty or organization shown in the Declarations, but unauthorized by you; only with respect to liability arising out of the (c) Any physical or chemical change ownership, maintenance or use of that part of in the product made intentionally the land leased to you and shown in the by the vendor; Declarations and subject to the following additional exclusion: (d) Repackaging, unless unpacked solely for the purpose of This insurance does not apply to: inspection, demonstration, testing, a. Any "occurrence" that takes place after or the substitution of parts under you cease to lease that land; or instructions from the b. Structural alterations, new construction or manufacturer, and then demolition operations performed by or for repackaged in the original the person or organization shown in the container; Declarations. (e) Any failure to make such 6. Additional Insured - State or Political inspections, adjustments, tests or Subdivision -Permits servicing as the vendor has a. WHO IS AN INSURED under Section C. is agreed to make or normally amended to include as an insured the undertakes to make in the usual course of business, in connection State or political subdivision shown in the with the distribution or sale of the Declarations, but only with respect to products; operations performed by you or on your behalf for which the state or political (f) Demonstration, installation, subdivision has issued a permit. servicing or repair operations, except such operations performed b. Additional Exclusions at the vendor's premises in This insurance does not apply to: connection with the sale of the (1) "Bodily injury", "property damage" or product; "personal and advertising injury" (g) Products which, after distribution arising out of operations performed for or sale by you, have been labeled the state or political subdivision;or or relabeled or used as a (2) "Bodily injury" or "property damage" container, part or ingredient of any included in the "product-completed other thing or substance by or for operations"hazard. the vendor. 7. Additional Insured-Vendors (2) This insurance does not apply to any a, WHO IS AN INSURED under Section C.is insured person or organization, from amended to include as an insured the whom you have acquired such persons) or organization(s) (referred to products, or any ingredient, part or below as vendor) shown in the container, entering into,accompanying Declarations, but only with respect to or containing such products. "bodily injury" or"property damage" arising (3) This Provision T.does not apply to any out of"your products"which are distributed vendor included as an insured by an or sold in the regular course of the endorsement issued by us and made vendor's business. a part of this Coverage Form, b. Additional Exclusions (1) The insurance afforded the vendor does not apply to: Page 16 of 20 Form SS 00 08 04 01 BUSINESS LIABILITY COVERAGE FORM (4) This Provision 7.does not apply if"bodily However, "advertisement" does not include: injury' or "property damage" included a. The design, printed material, informatior within the "products-completed or images contained in, on or upon the operations hazard" is excluded either by packaging or labeling of any goods or the provisions of this Coverage Form or products;or by endorsement. 8. Additional Insured—Con#rolling interest b. An interactive conversation between oramong persons through a computer WHO IS AN INSURED under Section C. is network. amended to include as an insured the 2. "Advertising idea" means any idea for an person(s) or organization(s) shown in the "advertisement". Declarations but only with respect to their liability arising out of: 3. "Auto" means a land motor vehicle, trailer or a. Their financial control of you; or semi-trailer designed for travel on public roads, including any attached machinery or b. Premises they own, maintain or control equipment. But "auto" does not include while you lease or occupy these premises. "mobile equipment". This insurance does not apply to structural 4. "Bodily injury" means bodily injury, sickness or alterations, new construction and demolition disease sustained by a person, including operations performed by or for that person or mental anguish or death resulting from any of organization. these at any time. 9. Additional Insured — Owners, Lessees or 5. "Coverage territory" means: Contractors — Scheduled Person or Organization. a. The United States of America (including its territories and possessions), Puerto Rico WHO IS AN INSURED under Section C. is and Canada; amended to include as insured the person or b. International waters or airspace, but only if organization shown in the Declarations, but the injury or damage occurs in the course only with respect to liability arising out of your of travel or transportation between any ongoing operations performed for that insured. places included in a, above; 10. Additional Insured — Co-Owner of Insured Premises c. All other parts of the world if the injury of damage arises out of: WHO IS AN INSURED under Section C. is (1) Goads or products made or sold byamended to include as an insured the persons) or Organization(s) shown in the you in the territory described in a. Declarations, but only with respect to their above; liability as co-owner of the premises shown in (2) The activities of a person whose home the Declarations. is in the territory described in a. above, G. LIABILITY AND MEDICAL EXPENSES but is away for a short time on your DEFINITIONS business; or (3) "Personal and advertising injury" 1. "Advertisement" means the widespread public offenses that take place through the dissemination of information or images that Internet or similar electronic means of has the purpose of inducing the sale of goods, communication products or services through: provided the insured's responsibility to pay a. (1) Radio; damages is determined in the United States of (2) Television; America (including its territories and (3) Billboard; possessions),Puerto Rico or Canada, in a suit an (4) Magazine; the merits according to the substantive law in such territory, or in a settlement we agree to. {5) Newspaper; 6. "Employee" includes a "leased worker". b. The Internet, but only that part of a web "Employee" does not include a "temporary site that is about goods, products or worker". services for the purposes of inducing the 7_ "Executive officer" means a person holding sale of goods, products or services; or any of the officer positions created by your c. Any other publication that is given charter, constitution, by-laws or any other widespread public distribution, similar governing document, Form SS 00 08 04 01 Page 17 of 20 BUSINESS LIABILITY COVERAGE FORM 8. "Hostile fire" means one which becomes un- (b) Giving directions or instructions, or controllable or breaks out from where it was failing to give them, if that is the intended to be. primary cause of the injury or 9. "Impaired property" means tangible property, damage; or other than "your product" or "your work", that (2) Under which the insured, if an cannot be used or is less useful because: architect, engineer or surveyor, a. It incorporates "your product" or "your assumes liability for an injury or work" that is known or thought to be damage arising out of the insured's defective, deficient, inadequate or rendering or failure to render dangerous; or professional services, including those b. You have failed to fulfill the terms of a listed in (1) above and supervisory, contract or agreement: inspection, architectural or engineering g activities. if such property can be restored to use by. 11. "Leased worker" means a person leased to a. The repair, replacement, adjustment or you by a labor leasing firm under an removal of "your product" or "your work`; agreement between you and the labor leasing or firm, to perform duties related to the conduct of b. Your fulfilling the terms of the contract or your business. "Leased worker" does not agreement. include a"temporary worker". 10. "Insured contract"means: 12. "Loading or unloading" means the handling of property: a. A contract for a lease of premises.However, that portion of the contract for a a. After it is moved from the place where it is lease of premises that indemnifies any accepted for movement into or onto an person or organization for damage by fire aircraft, watercraft or"auto"; to premises while rented to you or b. While it is in or on an aircraft, watercraft or temporarily occupied by you with "auto"; or permission of the owner is not an "insured c. While it is being moved from an aircraft, contract"; watercraft or"auto"to the place where it is b, A sidetrack agreement; finally delivered; c. Any easement or license agreement; but"loading or unloading"does not include the d. Any obligation, as required by ordinance, movement of property by means of a to indemnify a municipality, except in mechanical device, other than a hand truck, connection with work for a municipality; that is not attached to the aircraft, watercraft or "auto". e. An elevator maintenance agreement;or 13. "Mobile equipment"means any of the following f. That part of any other contract or types of land vehicles, including any attached agreement pertaining to your business machinery or equipment: (including an indemnification of a. Bulldozers, farm machinery, forklifts and municipality in connection with work performed for a municipality) under which other vehicles designed for use principally you assume the liability of another party to off public roads; pay for"bodily injury' or"property damage" b. Vehicles maintained for use solely on or to a third person or organization. next to premises you own or rent; Paragraph f. does not include that part of c. Vehicles that travel on crawler treads; any contract or agreement d. Vehicles, whether self-propelled or not, on (1) That indemnifies an architect, which are permanently mounted: engineer or surveyor for injury or (1) Power cranes, shovels, loaders, damage arising out of: diggers or drills; or (a) Preparing, approving or failing to (2) Road construction or resurfacing prepare or approve maps, shop equipment such as graders, scrapers drawings, opinions, reports, or rollers; surveys, field orders, change orders, designs or drawings and specifications; or Page 18 of 20 Form SS 00 08 04 01 BUSINESS LIABILITY COVERAGE FORM e. Vehicles not described in a., b., c., or d. d. Oral, written or electronic publication of above that are not self-propelled and are material that slanders or libels a person o- maintained primarily to provide mobility to organization or disparages a person's or permanently attached equipment of the organization's goods, products or services; following types: e. Oral, written or electronic publication of (1) Air compressors, pumps and material that violates a person's right of generators, including spraying, privacy; welding, building cleaning, geophysical f. Copying, in your "advertisement", a exploration, lighting and well servicing person's or organization's "advertising equipment;or idea"or style of"advertisement"; (2) Cherry pickers and similar devices g. Infringement of copyright, slogan, or title of used to raise or lower workers; any literary or artistic work, in your f. Vehicles not described in a., b., c., or d. "advertisement"; or above maintained primarily for purposes h. Discrimination or humiliation that results in other than the transportation of persons or injury to the feelings or reputation of a ca rgo. natural person, but only if such However, self-propelled vehicles with the discrimination or humiliation is: following types of permanently attached (1) Not done intentionally by or at the equipment are not "mobile equipment" but direction of: will be considered "autos": (a) The insured; or (1) Equipment designed primarily for: (b) Any executive officer, director, (a) Snow removal; stockholder, partner or member of (b) Road maintenance, but not the insured; and construction or resurfacing;or (2) Not directly or indirectly related to the (c) Street cleaning; employment, prospective employment Paragraphs(a), (b)and (c)above do not or termination of employment of any apply to self-propelled vehicles of less person or persons by any insured. than 1,000 pounds gross vehicle weight. This paragraph h. does not apply in th6 (2) Cherry pickers and similar devices States of Nebraska and Kansas. mounted on automobile or truck 16. "Pollutants" means any solid, liquid, gaseous chassis and used to raise or lower or thermal irritant or contaminant, including workers;and smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste, Waste includes (3) Air compressors, pumps and materials to be recycled, reconditioned or generators, including spraying, reclaimed. welding, building cleaning, geophysical 17. "products-completed operations hazard"; exploration, lighting and well servicing equipment. a. Includes all "bodily injury" and "property 14. "Occurrence" means an accident, including damage" arising out of "your product" or continuous or repeated exposure to "your work" except: substantially the same general harmful (1) Products that are still in your physical conditions. possession;or 15. "Personal and advertising Injury" means injury, (2) Work that has not yet been completed including consequential "bodily injury", arising or abandoned. out of one or more of the following offenses: The "bodily injury" or "property damage" a. False arrest, detention or imprisonment; must occur away from premises you own b. Malicious prosecution; or rent, unless your business includes the wrongful eviction from, wrongful entry selling, handling or distribution of "your c. The wron 9 9 ry product"for consumption on premises you into, or invasion of the right of private own or rent. occupancy of a room,dwelling or premises b. "Your work" will be deemed completed at that the person occupies, committed by or the earliest of the following times: on behalf of its owner, landlord or lessor; (1) When all of the work called for in your contract has been completed, Form SS 00 08 04 01 Page 19 of 20 BUSINESS LIABILITY COVERAGE FORM (2) When all of the work to be done at the 21. "Volunteer worker" means a person who is not site has been completed if your your "employee", and who donates his or her contract calls for work at more than work and acts at the direction of and within the one site. scope of duties determined by you, and is not (3) When that part of the work done at a paid a fee, salary or other compensation by job site has been put to its intended you or anyone else for their work performed for use by any person or organization you, other than another contractor or 22. "Your product": subcontractor working on the same a. Means: project. (1) Any goods or products, other than real Work that may need service, property, manufactured, sold, handled, maintenance, correction, repair or distributed or disposed of by: replacement, but which is otherwise complete,will be treated as completed. (a) You; c. Thls hazard does not include"bodily injury" (b) Others trading under your name; or"property damage"arising out of: or (1) The transportation of property, unless (c) A person or organization whose the injury or damage arises out of a business or assets you have condition in or on a vehicle created by acquired; and the"loading or unloading"of it; or (2) Containers (other than vehicles), (2) The existence of tools, uninstalled materials, parts or equipment equipment or abandoned or unused furnished in connection with such materials. goods or products. 18. "Property damage"means: b. Includes: a. Physical injury to tangible property, (1) Warranties or representations made at including all resulting loss of use of that any time with respect to the fitness, property. All such foss of use shall be quality, durability, performance or use deemed to occur at the time of the of"your product"; and physical injury that caused it; or (2) The providing of or failure to provide b. Loss of use of tangible property that is not warnings or instructions. physically injured. All such loss of use c. Does not include vending machines or shall be deemed to occur at the time of other property rented to or located for the "occurrence"that caused it. use of others but not sold. Computerized or electronically stored data, 23. "Your work": programs or software are not tangible property, a. Means: 18. "Suit" means a civil proceeding in which (1) Work or operations performed by you damages because of "bodily injury', "property or on your behalf;and damage"or"personal and advertising injury"to (2) Materials, parts or equipment which this insurance applies are alleged. furnished in connection with such work "Suit"includes: or operations. a. An arbitration proceeding in which such b. Includes: damages are claimed and to which you must submit or do submit with our (1) Warranties or representations made at consent; or any time with respect to the fitness, quality, durability, performance or use b. Any other alternative dispute resolution of"your work"; and proceeding in which such damages are claimed and to which you submit with our (2) The providing of or failure to provide consent. warnings or instructions. 20. "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. Page 20 of 20 Form SS 00 08 04 01