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Home My WebLink AboutCAG2024-183 - Change Order - #1-Cimco-GC Systems, LLC - 2024 Cla-Val Maintenance Rebuild - 7/3/24 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: Dani Hodgins for Dustin Phelan Public Works Date Sent: Date Required: 0 07/02/2024 7/8/2024 CL Director or Designee to Sign. Date of Council Approval: Q N/A Budget Account Number: Grant?[:]YesZNo 41005550.64110.7410 Budget?R]Yes:No Type: N/A Vendor Name: Category: Cimco-GC Systems, LLC Contract Vendor Number: Sub-Category: = Change Order 0 Project Name: 2024 Cla Val Maintenance Rebuild E `o Project°etails:Additional components are needed to complete the Cla-Val = Rebuild which has increased the cost. c 40 40 Agreement Amount: $2 217.22 Basis for Selection of Contractor: Bid 47 `Memo to Mayor must be attached 11- Start Date: 7/2/2024 Termination Date: 12/31/2024 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: F1Yes�✓ No CAG2024-183 Comments: a1 G 3 4) H •� i N 3 f0 C V1 Date Routed to the City Clerk's Office: Interlocal Agreement has been uploaded to website: adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 • KENT W A 5 H 1 N G T O N CHANGE ORDER NO. 1 NAME OF CONTRACTOR: Cimco-GC Systems, LLC ("Contractor") CONTRACT NAME & PROJECT NUMBER: 2024 Cla-Val Maintenance Rebuild ORIGINAL CONTRACT DATE: April 18, 2024 This Change Order amends the above-referenced contract; all other provisions of the contract that are not inconsistent with this Change Order shall remain in effect. For valuable consideration and by mutual consent of the parties, the project contract 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, Contractor shall provide all labor, materials, and equipment necessary to: Additional components are needed to complete the Cla-Valve Rebuild, which has increased the cost. These could only be identified as necessary at the time of inspection. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are hereby modified as follows: Original Contract Sum, $69,219.93 (including applicable alternates and WSST) Net Change by Previous Change Orders $0 (incl. applicable WSST) Current Contract Amount $69,219.93 (incl. Previous Change Orders) Current Change Order $2,217.22 Applicable WSST Tax on this Change $ Order Revised Contract Sum $71,437.15 CHANGE ORDER - 1 OF 3 Original Time For Completion 12/31/2024 (insert date) Revised Time for Completion under NIA prior Change Orders (insert date) Days Required (f) for this Change Order 0 calendar days l Revised Time for Completion 12/31/2024 (insert date) In accordance with Sections 1-04.4 and 1-04.5 of the Kent and WSDOT Standard Specifications, and Section VII of the Agreement, the Contractor accepts all requirements of this Change Order by signing below. Also, pursuant to the above-referenced contract, Contractor agrees to waive any protest it may have regarding this Change order and acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Change order, unless otherwise provided, does not relieve the Contractor from strict compliance with the guarantee and warranty provisions of the original contract, particularly those pertaining to substantial completion date. All acts consistent with the authority of the Agreement, previous Change orders (if any), and this Change order, prior to the effective date of this Change Order, are hereby ratified and affirmed, and the terms of the Agreement, previous Change Orders (if any), and this Change Order 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 contract modification, which is binding on the parties of this contract. 3. The Contractor will adjust the amount of its performance bond (if any) for this project to be consistent with the revised contract sum shown in section 2, above. IN WITNESS, the parties below have executed this Agreement, which will become effective on the last date written below. i CONTRACTOR: CITY OF KENT: Digitally signed by David A.Brock ON:cn=David A.Brock,o=City of Kent, David A. Brock ou=Public Works Operations, L email=dbrock@kentwa.gov,c=US By: y By: Date:2024.07.02 05:48:13-07'00' Print Name: 0�ec«.l Print Name: David A. Brock, P.E. Its ��=ti1C_ t`'1�n�t� r Its: Deputy Director Operations DATE:_ SL4 2 z .Z Ll DATE: CHANGE ORDER - 2 OF 3 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) ec,�, 9W6 Kent City Clerk Kent Law Department P:\Ad min\Contracts\Dani CHANGE ORDER - 3 OF 3 Client#: 73747 GCSYSTEM2 DATE(MM/DD/YYYY) ACORD.. CERTIFICATE OF LIABILITY INSURANCE 5/31/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Teressa Swiberg Propel Insurance PHONE g00 499-0933 FAX 866 577-1326 A/C,No,Ext: A/C,No 1201 Pacific Avenue; Suite 1000 E-MAIL ADDRESS: teressa.swiberg@propelinsurance.com p COM Middle Market INSURER(S)AFFORDING COVERAGE NAIC# Tacoma,WA 98402-4321 INSURER A:Cincinnati Insurance Company 10677 INSURED INSURER B: Cimco-GC Systems LLC INSURER C 2310 Inter Ave INSURER D: Puyallup,WA 98372-0150 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. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT R TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EPP0617445 6/01/2024 06/01/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE �X OCCUR PREMISES ERENTED .0 nce $500,000 X PD Ded:500 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENT AGGREGGATTELIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X1 JECOT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY EBA0617445 6/01/2024 06/01/202 CMINED Ea acciden SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR EPP0617445 6/01/2024 06/01/2025 EACH OCCURRENCE s2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s2,000,000 DED RETENTION$ $ WORKERS COMPENSATION EPP0617445 06/01/2024 06101/2025 PER OTH- AND EMPLOYERS'LIABILITY TAT TE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WA STOP GAP E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? � N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Kent and its officers, employees, and agents are is an Additional Insured when required by written contract or agreement per the attached form(s). Policies are modified by forms: GA 233 09 17, GA 472 09 18, GA 101 12 04,AA 288 01 16 CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 SO 4th Street ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S6677661/M6674309 NXJ00 This page has been left blank intentionally. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage.......................................................................................2 2. Unintentional Failure To Disclose Hazards.............................................................................8 3. Damage To Premises Rented To You......................................................................................8 4. Supplementary Payments...................................................................................................... 10 5. Medical Payments................................................................................................................... 10 6. 180 Day Coverage For Newly Formed Or Acquired Organizations ................................... 10 7. Waiver Of Subrogation........................................................................................................... 10 8. Automatic Additional Insured -Specified Relationships: .................................................. 10 (a) Managers Or Lessors Of Premises (b) Lessor Of Leased Equipment (c) Vendors (d) State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises (e) Mortgagee, Assignee Or Receiver 9. Property Damage To Borrowed Equipment......................................................................... 13 10. Employees As Insureds - Specified Health Care Services And Good Samaritan Services ................................................................................................................................... 14 11. Broadened Notice Of Occurrence......................................................................................... 14 12. Nonowned Aircraft.................................................................................................................. 14 13. Bodily Injury Redefined.......................................................................................................... 15 14. Expected Or Intended Injury Redefined ............................................................................... 15 15. Former Employees As Insureds............................................................................................ 15 16. Voluntary Property Damage Coverage and Care, Custody Or Control Liability Coverage.................................................................................................................................. 15 17. Broadened Contractual Liability-Work Within 50' Of Railroad Property......................... 17 18. Alienated Premises................................................................................................................. 17 B. Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage To Premises Rented To You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $2,500 b. Loss Of Earnings: $ 500 Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 1 of 17 5. Medical Payments Medical Expense Limit: $10,000 9. Property Damage To Borrowed Equipment Each Occurrence Limit: $10,000 Deductible Amount: $ 250 16. Voluntary Property Damage Coverage (Coverage D) and Care, Custody Or Control Liability Coverage Limits Of Insurance Voluntary Property Damage Coverage: $1,000 Each Occurrence $5,000 Aggregate Care, Custody Or Control Liability Coverage: $5,000 Each Occurrence unless otherwise stated $ Deductible Amount(Each Occurrence) Voluntary Property Damage Coverage: $250 Care, Custody Or Control Liability Coverage: $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units (e) Other Care, Custody Or Control $ Liability TOTAL ANNUAL PREMIUM $ C. Coverages 1) The amount we will pay for damages is limited 1. Employee Benefit Liability Coverage as described in C. Cov- a. The following is added to Section I - erages, 1. Employee Coverages: Benefit Liability Cover- age, c. Limits Of Insur- EMPLOYEE BENEFIT LIABILITY ance of this endorse- COVERAGE ment; and (1) Insuring Agreement 2) Our right and duty to (a) We will pay those sums that defend ends when we the insured becomes legally have used up the insuapplrance cable limit of insurance obligated to pay as damag- in the payment of judg- es caused by any act, error ments or settlements. or omission of the insured, or of any other person for No other obligation or liabil- whose acts the insured is ity to pay sums or perform legally liable, to which this acts or services is covered insurance applies. We will unless explicitly provided for have the right and duty to under Supplementary Pay- defend the insured against ments. any suit seeking those damages. However, we will (b) This insurance applies to have no duty to defend damages only if the act, er- against any "suit" seeking ror or omission is negligently damages to which this in- committed in the "admin- surance does not apply. We istration" of your "employee may, at our discretion, in- benefit program"; and vestigate any report of an 1) Occurs during the policy act, error or omission and period; or settle any claim or suit that may result. But: Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 2 of 17 2) Occurred prior to the fraudulent, criminal or mali- "first effective date" of cious act, error or omission, this endorsement pro- committed by any insured, vided: including the willful or reck- a) You did not have less violation of any statute. knowledge of a (c) Failure To Perform A Con- claim or"suit" on or tract before the "first ef- fective date" of this Damages arising out of fail- endorsement. ure of performance of con- tract by any insurer. You will be deemed to have (d) Insufficiency Of Funds knowledge of a Damages arising out of an claim or "suit" insufficiency of funds to when any insured meet any obligations under listed under C. any plan included in the Coverages, 1. "employee benefit program". Employee Benefit Liability Coverage, (e) Inadequacy Of Perfor- b. Who Is An In- mance Of Invest- sured, (1) of this ment/Advice Given With endorsement or Respect To Participation any "employee" authorized by you Any claim based upon: to give or receive 1) Failure of any invest- notice of a claim or ment to perform; "suit": i) Reports all, or 2) Errors in providing in- any part, of the formation on past per- formance of investment act, error or vehicles; or omission to us or any other 3) Advice given to any insurer; person with respect to ii Receives a that person's decision to participate or not to par- written or ver- ticipate in any plan in- bal demand or cluded in the "employee claim for dam- benefit program". ages because of the act, er- (f) Workers' Compensation ror or omis- And Similar Laws sion; and Any claim arising out of your b) There is no other failure to comply with the applicable insur- mandatory provisions of any ance. workers' compensation, un- employment compensation insurance, social security or This insurance does not apply to: disability benefits law or any similar law. (a) Bodily Injury, Property Damage Or Personal And (g) ERISA Advertising Injury Damages for which any in- "Bodily injury", "property sured is liable because of li- damage" or "personal and ability imposed on a fiduci- advertising injury". ary by the Employee Re- tirement Income Security (b) Dishonest, Fraudulent, Act of 1974, as now or Criminal Or Malicious Act hereafter amended, or by any similar federal, state or Damages arising out of any local laws. intentional, dishonest, Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 3 of 17 (h) Available Benefits (a) An individual, you and your Any claim for benefits to the spouse are insureds, but on- ly with respect to the con- extent that such benefits are duct of a business of which available, with reasonable you are the sole owner. effort and cooperation of the insured, from the applicable (b) A partnership or joint ven- funds accrued or other col- ture, you are an insured. lectible insurance. Your members, your part- ners, and their spouses are (i) Taxes, Fines Or Penalties also insureds but only with Taxes, fines or penalties, in- respect to the conduct of cluding those imposed un- your business. der the Internal Revenue (c) A limited liability company, Code or any similar state or you are an insured. Your local law. members are also insureds, (j) Employment-Related Prac- but only with respect to the tices conduct of your business. Your managers are in- Any liability arising out of sureds, but only with respect any: to their duties as your man- 1) Refusal to employ; agers. p 2) Termination of employ- (d) An organization other than a partnership, joint venture or ment; limited liability company, you 3) Coercion, demotion, are an insured. Your "execu- evaluation, reassign- tive officers" and directors ment, discipline, defa- are insureds, but only with mation, harassment, respect to their duties as humiliation, discrimina- your officers or directors. tion or other employ- Your stockholders are also ment-related practices, insureds, but only with re- acts or omissions; or spect to their liability as stockholders. 4) Consequential liability as a result of 1), 2) or 3) (e) A trust, you are an insured. above. Your trustees are also in- sureds, but only with respect This exclusion applies to their duties as trustees. whether the insured may be held liable as an employer (2) Each of the following is also an or in any other capacity and insured: to any obligation to share (a) Each of your "employees" damages with or repay who is or was authorized to someone else who must pay administer your "employee damages because of the in- benefit program"; jury. (3) Supplementary Payments (b) Any persons, organizations or "employees" having prop- Section I - Supplementary Pay- er temporary authorization ments - Coverages A and B also to administer your "employ- apply to this Coverage, however ee benefit program" if you 1.b. and 2. of the Supplementary die, but only until your legal Payments provision do not apply. representative is appointed; or b. Who Is An Insured (c) Your legal representative if As respects Employee Benefit Liabil- you die, but only with re- ity Coverage, Section II - Who Is An spect to duties as such. That Insured is replaced by the following: representative will have all (1) If you are designated in the Dec- your rights and duties under larations as: this Coverage Part. Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 4 of 17 (3) Any organization you newly ac- dorsement is the most we will quire or form, other than a part- pay for all damages sustained by nership, joint venture or limited any one "employee", including liability company, and over which damages sustained by such you maintain ownership or major- "employee's" dependents and ity interest, will qualify as a beneficiaries, as a result of: Named Insured if no other similar insurance applies to that organi- (a) An act, error or omission; or zation. However, coverage under (b) A series of related acts, er- this provision: rors or omissions, regard- (a) Is afforded only until the less of the amount of time 180th day after you acquire that lapses between such or form the organization or acts, errors or omissions; the end of the policy period, negligently committed in the whichever is earlier; and "administration" of your "employ- (b) Does not apply to any act, ee benefit program". error or omission that was However, the amount paid under committed before you ac- this endorsement shall not ex- quired or formed the organi- ceed, and will be subject to the zation. limits and restrictions that apply c. Limits Of Insurance to the payment of benefits in any plan included in the "employee As respects Employee Benefit Liabil- benefit program." ity Coverage, Section III - Limits Of Insurance is replaced by the follow- (4) Deductible Amount ing: (a) Our obligation to pay dam- (1) The Limits of Insurance shown in ages on behalf of the in- Section B. Limits Of Insurance, sured applies only to the 1. Employee Benefit Liability amount of damages in ex- Coverage of this endorsement cess of the Deductible and the rules below fix the most Amount shown in Section B. we will pay regardless of the Limits Of Insurance, 1. Em- number of: ployee Benefit Liability Cov- erage of this endorsement (a) Insureds; as applicable to Each Em- ployee. The limits of insur- ance shall not be reduced brought; by the amount of this de- (c) Persons or organizations ductible. making claims or bringing (b) The Deductible Amount "suits"; shown in Section B. Limits (d) Acts, errors or omissions; or Of Insurance, 1. Employee Benefit Liability Coverage of (e) Benefits included in your this endorsement applies to "employee benefit program". all damages sustained by (2) The Aggregate Limit shown in any one "employee", includ- ingSection B. Limits Of Insurance, such "employee's" de- l. Employee Benefit Liability pendents and beneficiaries, because of all acts, errors or Coverage of this endorsement is omissions to which this in- the most we will pay for all dam- ages because of acts, errors or surance applies. omissions negligently committed (c) The terms of this insurance, in the "administration" of your including those with respect "employee benefit program". to: (3) Subject to the limit described in 1) Our right and duty to (2) above, the Each Employee defend the insured Limit shown in Section B. Limits against any "suits" Of Insurance, 1. Employee Bene- seeking those damag- fit Liability Coverage of this en- es; and Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 5 of 17 2) Your duties, and the du- You must see to it that ties of any other in- we receive written no- volved insured, in the tice of the claim or"suit" event of an act, error or as soon as practicable. omission, or claim; c. You and any other in- apply irrespective of the ap- volved insured must: plication of the Deductible Amount. (1) Immediately send us copies of any (d) We may pay any part or all demands, notices, of the Deductible Amount to summonses or le- effect settlement of any gal papers re- claim or "suit" and, upon no- ceived in connec- tification of the action taken, tion with the claim you shall promptly reim- or "suit"; burse us for such part of the Deductible Amount as we (2) Authorize to have paid. tain records and other information; d. Additional Conditions (3) Cooperate with us As respects Employee Benefit Liabil- in the investigation ity Coverage, Section IV - Commer- or settlement of the cial General Liability Conditions is claim or defense amended as follows: against the "suit"; (1) Item 2. Duties In The Event Of and Occurrence, Offense, Claim Or (4) Assist us, upon our Suit is replaced by the following: request, in the en- 2. Duties In The Event Of An forcemeat of any right against any Act, Error, Omission, person or organi- Claim Or Suit zation which may a. You must see to it that be liable to the in- we are notified as soon sured because of as practicable of an act, an act, error or error or omission which omission to which may result in a claim. this insurance may To the extent possible, also apply. notice should include: d. No insured will, except (1) What the act, error at that insured's own or omission was cost, voluntarily make a and when it oc- payment, assume any curred; and obligation, or incur any expense without our (2) The names and consent. addresses of any- one who may suf- (2) Item 4. Other Insurance is re- fer damages as a placed by the following: result of the act, 4. Other Insurance error or omission. l If other valid and collectible b. If a claim is made or "suit" brought against insurance is available to the insured for a loss we cover any insured, you must: under this Employee Benefit (1) Immediately record Liability Coverage, our obli- the specifics of the gations are limited as fol- claim or "suit" and lows: the date received; a. Primary Insurance and (2) Notify us as soon This insurance is prima- ry except when c. below as practicable. applies. If this insurance Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 6 of 17 is primary, our obliga- scope of "employee tions are not affected benefit programs"; unless any of the other insurance is also prima- b. Interpreting the "em- ry. Then, we will share ployee benefit pro- with all that other insur- grams"; ance by the method de- c. Handling records in scribed in Paragraph b. connection with the below. "employee benefit pro- b. Method Of Sharing grams"; or If all of the other insur- d. Effecting, continuing or ance permits contribu- terminating any "em- tion by equal shares, ployee's" participation in we will follow this meth- any benefit included in od also. Under this ap- the "employee benefit proach each insurer program". contributes equal However, "administration" amounts until it has does not include: paid its applicable limit of insurance or none of a. Handling payroll deduc- the loss remains, tions; or whichever comes first. b. The failure to effect or If any of the other in- maintain any insurance surance does not permit or adequate limits of contribution by equal coverage of insurance, shares, we will contrib- including but not limited ute by limits. Under this to unemployment insur- method, each insurer's ance, social security share is based on the benefits, workers' com- ratio of its applicable pensation and disability limit of insurance to the benefits. total applicable limits of insurance of all insur- 2. "Cafeteria plans" means ers. plans authorized by applica- ble law to allow "employees" c. No Coverage to elect to pay for certain This insurance shall not benefits with pre-tax dollars. cover any loss for which 3. "Employee benefit pro- the insured is entitled to grams" means a program recovery under any providing some or all of the other insurance in force following benefits to "em- previous to the effective ployees", whether provided date of this Employee through a "cafeteria plan" or Benefit Liability Cover- otherwise: age. a. Group life insurance; e. Additional Definitions group accident or health As respects Employee Benefit Liabil- insurance; dental, vision and hearing plans; and ity Coverage, Section V- Definitions flexible spending ac- is amended as follows: counts; provided that no (1) The following definitions are one other than an "em- added: ployee" may subscribe to such benefits and 1. "Administration" means: such benefits are made a. Providing information to generally available to those "employees" who "employees", including satisfy the plan's eligibil- their dependents and ity requirements; beneficiaries, with re- spect to eligibility for or Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 7 of 17 b. Profit sharing plans, b. Any other alternative employee savings dispute resolution pro- plans, employee stock ceeding in which such ownership plans, pen- damages are claimed sion plans and stock and to which the in- subscription plans, pro- sured submits with our vided that no one other consent; or than an "employee" may subscribe to such c. An appeal of a civil pro- benefits and such bene- ceeding. fits are made generally 2. Unintentional Failure To Disclose Haz- available to all "employ- ards ees" who are eligible under the plan for such Section IV- Commercial General Liabil- benefits; ity Conditions, 6. Representations is c. Unemployment insur- amended by the addition of the following: ance, social security Based on our dependence upon your rep- benefits, workers' com- resentations as to existing hazards, if un- pensation and disability intentionally you should fail to disclose all benefits; and such hazards at the inception date of your d. Vacation plans, includ- policy, we will not reject coverage under this Coverage Part based solely on such ing buy and sell pro- failure. grams; leave of ab- sence programs, includ- 3. Damage To Premises Rented To You ing military, maternity, family, and civil leave; a. The last paragraph of 2. Exclusions tuition assistance plans; under Section I - Coverage A- Bod- transportation and ily Injury And Property Damage Li- health club subsidies. ability is replaced by the following: 4. "First effective date" means Exclusions c. through n. do not apply the date upon which cover- to damage by fire, explosion, light- age was first effected in a ning, smoke or soot to premises while series of uninterrupted re- rented to you or temporarily occupied newals of insurance cover- by you with permission of the owner, age. for which the amount we will pay is limited to the Damage To Premises (2) The following definitions are de- Rented To You Limit as described in leted in their entirety and re- Section III - Limits Of Insurance. placed by the following: b. The insurance provided under Sec- 5. "Employee" means a person tion I - Coverage A- Bodily Injury And actively employed, formerly Property Damage Liability applies to employed, on leave of ab- "property damage" arising out of wa- sence or disabled, or retired. ter damage to premises that are both "Employee" includes a rented to and occupied by you. "leased worker". "Employee" does not include a "tempo- As respects Water Damage Legal Li- rary worker". ability, as provided in Paragraph 3.b. above: 18. "Suit" means a civil proceed- ing in which money damag- The exclusions under Section I - es because of an act, error Coverage A - Bodily Injury And Prop- or omission to which this in- erty Damage Liability, 2. Exclusions, surance applies are alleged. other than i. War and the Nuclear "Suit" includes: Energy Liability Exclusion (Broad Form), are deleted and the following a. An arbitration proceed- are added: ing in which such dam- ages are claimed and to This insurance does not apply to: which the insured must (a) "Property damage": submit or does submit with our consent; Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 8 of 17 (i) Assumed in any contract or conditioning, fire protection sys- agreement; or tems, or other equipment, (i i) Caused by or resulting from any caused by or resulting from o freezing, unless: f the following: best to 1) Wear and tear; (i) t in heatYu did nu the building for 2) Rust or other corrosion, de- structure; or cay, deterioration, hidden or (i i) You drained the equipment latent defect or any quality in and shut off the water supply property that causes it to if the heat was not main- damage or destroy itself; tained. 3) Smog; (d) "Property damage" to: 4) Mechanical breakdown, in- (i) Plumbing, heating, air condi- cluding rupture or bursting tioning, fire protection sys- caused by centrifugal force; tems, or other equipment or 5) Settling, cracking, shrinking appliances; or or expansion; (i i) The interior of any building 6) Nesting or infestation, or or structure, or to personal discharge or release of property in the building or waste products or secre- structure, caused by or re- tions, by insects, birds, ro- sulting from rain, snow, sleet dents or other animals; or or ice, whether driven by wind or not. 7) Presence, growth, prolifera- tion, spread or any activity of c. Limit Of Insurance fungus, including mold or With respect to the insurance afford- mildew, and any mycotoxins, ed in Paragraphs 3.a. and 3.b. above, spores, scents or byproducts the Damage To Premises Rented To produced or released by You Limit as shown in the Declara- fungi. tions is amended as follows: (b) "Property damage" caused di- (1) Paragraph 6. of Section III - Lim- rectly or indirectly by any of the its Of Insurance is replaced by following: the following: (i) Earthquake, volcanic erup- 6. Subject to Paragraph 5. tion, landslide or any other above, the Damage To earth movement; Premises Rented To You (i i) Water that backs up or over- Limit is the most we will pay flows or is otherwise dis- under Coverage A - Bodily charged from a sewer, drain, Injury And Property Damage sump, sump pump or related Liability for damages be- equipment; cause of "property damage" to any one premises: (iii) Water under the ground sur- face pressing on, or flowing a. While rented to you, or or seeping through: temporarily occupied by you with permission of 1) Foundations, walls, the owner; floors or paved surfac- es; b. In the case of damage by fire, explosion, light- 2) Basements, whether ning, smoke or soot, paved or not; or while rented to you; or 3) Doors, windows or other c. In the case of damage openings. by water, while rented (c) "Property damage" caused by or to and occupied by you. resulting from water that leaks or (2) The most we will pay is limited as flows from plumbing, heating, air described in Section B. Limits Of Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 9 of 17 Insurance, 3. Damage To Prem- the insured has waived its right of recov- ises Rented To You of this en- ery in a written contract, written agree- dorsement. ment, written permit or written authoriza- tion. Such waiver by us applies only to 4. Supplementary Payments the extent that the insured has waived its Under Section I - Supplementary Pay- right of recovery against such additional ments - Coverages A and B: insured prior to loss. a. Paragraph 1.b. is replaced by the fol- 8. Automatic Additional Insured - Speci- lowing: fied Relationships Up to the limit shown in Section B. a. The following is added to Section II - Limits Of Insurance, 4.a. Bail Bonds Who Is An Insured: of this endorsement for cost of bail (1) Any person(s) or organization(s) bonds required because of accidents described in Paragraph 8.a.(2) of or traffic law violations arising out of this endorsement (hereinafter re- the use of any vehicle to which the ferred to as additional insured) Bodily Injury Liability Coverage ap- whom you are required to add as plies. We do not have to furnish these an additional insured under this bonds. Coverage Part by reason of a b. Paragraph 1.d. is replaced by the fol- written contract, written agree- lowing: ment, written permit or written authorization. All reasonable expenses incurred by the insured at our request to assist us (2) Only the following persons or Or- in the investigation or defense of the ganizations are additional in- claim or "suit", including actual loss of sureds under this endorsement, earnings up to the limit shown in Sec- and insurance coverage provided tion B. Limits Of Insurance, 4.b. Loss to such additional insureds is lim- Of Earnings of this endorsement per ited as provided herein: day because of time off from work. (a) Managers Or Lessors Of 5. Medical Payments Premises The Medical Expense Limit of Any One The manager or lessor of a Person as shown in the Declarations is premises leased to you you amended to the limit shown in Section B. are required per Paragraph Limits Of Insurance, S. Medical Payments 8.a.(1) of this endorsement of this endorsement. to provide insurance, but on- ly with respect to liability for 6. 180 Day Coverage For Newly Formed "bodily injury", "property Or Acquired Organizations damage" or "personal and Section II - Who Is An Insured is advertising injury" caused, in amended as follows: whole or in part, by you or those acting on your behalf Subparagraph a. of Paragraph 3. is re- in connection with the own- placed by the following: ership, maintenance or use of that part of the premises a. Coverage under this provision is af- leased to you, subject to the forded only until the 180th day after following additional exclu- you acquire or form the organization sions: or the end of the policy period, whichever is earlier; This insurance does not ap- ply to: 7. Waiver Of Subrogation (i) Any "occurrence" which Section IV- Commercial General Liabil- takes place after you ity Conditions, 8. Transfer Of Rights Of cease to be a tenant in Recovery Against Others To Us is that premises; amended by the addition of the following: (ii) Structural alterations, We waive any right of recovery against new construction or any additional insured under this en- demolition operations dorsement, because of any payment we performed by or on be- make under this endorsement, to whom Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 10 of 17 half of such additional damages that the insured. vendor would have in the absence of (b) Lessor Of Leased Equip- the contract or ment agreement; Any person(s) or organiza- 2) Any express war- tion(s) from whom you lease ranty unauthorized equipment you are required by you; per Paragraph 8.a.(1) of this endorsement to provide in- 3) Any physical or surance. Such person(s) or chemical change in organization(s) are insureds the product made only with respect to liability intentionally by the for "bodily injury", "property vendor; damage" or "personal and advertising injury" caused, in 4) Repackaging, ex- whole or in part, by your cept when un- maintenance, operation or packed solely for use of equipment leased to the purpose of in- you by such person(s) or or- spection, demon- ganization(s). A person's or stration, testing, or organization's status as an the substitution of additional insured under this parts under in- endorsement ends when structions from the their contract or agreement manufacturer, and with you for such leased then repackaged in equipment ends. However, the original con- this insurance does not ap- tainer; ply to any "occurrence" 5) Any failure to make which takes place after the such inspections, equipment lease expires. adjustments, tests (c) Vendors or servicing as the vendor has agreed Any person or organization to make or normal- (referred to below as ven- ly undertakes to dor) you are required per make in the usual Paragraph 8.a.(1) of this en- course of busi- dorsement to provide insur- ness, in connection ance, but only with respect with the distribution to liability for "bodily injury" or sale of the or "property damage" arising products; out of "your products" which are distributed or sold in the 6) stallation, servicing Demonstration, in- are regular course of the ven- dor's business, subject to or repair opera- the following additional ex- tions, except such clusions: operations per- formed at the ven- (i) The insurance afforded dor's premises in the vendor does not connection with the apply to: sale of the product; 1) "Bodily injury" or 7) Products which, af- "property damage" ter distribution or for which the ven- sale by you, have dor is obligated to been labeled or re- pay damages by labeled or used as reason of the as- a container, part or sumption of liability ingredient of any in a contract or other thing or sub- agreement. This stance by or for the exclusion does not vendor; or apply to liability for Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 11 of 17 8) "Bodily injury" or Permits Or Authorizations "property damage" Relating To Premises arising out of the sole negligence of Any state or governmental the vendor for its agency or subdivision or po- own acts or omis- litical subdivision you are sions or those of required per Paragraph its employees or 8.a.(1) of this endorsement anyone else acting to provide insurance, subject on its behalf. How- to the following additional ever, this exclusion provision: does not apply to: This insurance applies only a) The excep- with respect to the following tions contained hazards for which the state in Paragraphs or governmental agency or (c)(i)4) or 6) of subdivision or political sub- this endorse- division has issued a permit ment; or or authorization in connec- tion with premises you own, b) Such inspec- rent or control and to which tions, adjust- this insurance applies: ments, tests or servicing as (i) The existence, mainte- the vendor has nance, repair, construc- agreed to tion, erection or removal make or nor- of advertising signs, mally under- awnings, canopies, cel- takes to make lar entrances, coal in the usual holes, driveways, man- course of holes, marquees, hoist business, in away openings, side- connection walk vaults, street ban- with the distri- ners or decorations and bution or sale similar exposures; of the prod- (ii) The construction, erec- ucts. tion or removal of eleva- (ii) This insurance does not tors; or apply to any insured (iii) The ownership, mainte- person or organization: nance or use of any el- l) From whom you evators covered by this have acquired insurance. such products, or (e) Mortgagee, Assignee Or any ingredient, part Receiver or container, enter- ing into, accompa- Any person or organization nying or containing you are required per Para- such products; or graph 8.a.(1) of this en- s) When liability in- dorsement to provide insur- cluded within the ance, but only with respect "products- to their liability as mortga- completed opera- gee, assignee or receiver tions hazard" has and arising out of the own- been excluded un- ership, maintenance or use der this Coverage of the premises by you. Part with respect to However, this insurance does not apply to structural such products. alterations, new construction (d) State Or Governmental and demolition operations Agency Or Subdivision Or performed by or for that per- Political Subdivision - son or organization. Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 12 of 17 (3) The insurance afforded to addi- Automatic Additional Insured Pro- tional insureds described in Par- vision agraph 8.a.(1) of this endorse- ment: This insurance applies only if the "bodily injury" or "property damage" (a) Only applies to the extent occurs, or the "personal and advertis- permitted by law; ing injury" offense is committed: (b) Will not be broader than that (1) During the policy period; and which you are required by the written contract, written (2) Subsequent to your execution of agreement, written permit or the written contract or written written authorization to pro- agreement, or the issuance of a vide for such additional in- written permit or written authori- sured; and zation, described in Paragraph 8.a.(1). (c) Does not apply to any per- son, organization, vendor, d. Section IV - Commercial General state, governmental agency Liability Conditions is amended as or subdivision or political follows: subdivision, specifically Condition 4. Other Insurance is named as an additional in- amended to include: sured under any other provi- sion of, or endorsement Primary And Noncontributory In- added to, this Coverage surance Part, provided such other provision or endorsement This insurance is primary to and will covers the injury or damage not seek contribution from any other for which this insurance ap- insurance available to an additional plies. insured per Paragraph 8.a.(1) of this endorsement provided that: b. With respect to the insurance afford- ed to the additional insureds de- (1) The additional insured is a scribed in Paragraph 8.a.(1) of this Named Insured under such other endorsement, the following is added insurance; and to Section III- Limits Of Insurance: (2) You have agreed in writing in a The most we will pay on behalf of the contract, agreement, permit or additional insured is the amount of in- authorization described in 8.a.(2) surance: of this endorsement that this in- surance would be primary and (1) Required by the written contract, would not seek contribution from written agreement, written permit any other insurance available to or written authorization described the additional insured. in Paragraph 8.a.(1) of this en- dorsement. For the purpose of 9• Property Damage To Borrowed Equip- determining the required amount ment of insurance only, we will include a. The following is added to Exclusion the minimum amount of any Um- 2J. Damage To Property under Sec- brella liability or Excess Liability tion I - Coverage A- Bodily Injury And coverage required for that addi- Property Damage Liability: tional insured in that written con- tract, written agreement, written Paragraphs (3) and (4) of this exclu- permit or written authorization; or sion do not apply to tools or equip- (2) Available under the applicable ment loaned to you, provided they are limits of insurance; not being used to perform operations at the time of loss. whichever is less. b. With respect to the insurance provid- This endorsement shall not increase ed by this section of the endorse- the applicable limits of insurance. ment, the following additional provi- sions apply: c. Section IV - Commercial General Liability Conditions is amended to (1) The Limits of Insurance shown in include the following: the Declarations are replaced by the limits shown in Section B. Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 13 of 17 Limits Of Insurance, 9. Property 1) Your "employees" who provide pro- Damage To Borrowed Equip- fessional health care services on your ment of this endorsement with behalf as a duly licensed nurse, respect to coverage provided by emergency medical technician or this endorsement. These limits paramedic in the jurisdiction where an are inclusive of and not in addi- 'occurrence" or offense to which this tion to the limits being replaced. insurance applies takes place; or The Limits of Insurance shown in Section B. Limits Of Insurance, 2) Your "employees" or "volunteer work- 9. Property Damage To Bor- ers", other than an employed or vol- rowed Equipment of this en- unteer doctor, providing first aid or dorsement fix the most we will good samaritan services during their pay in any one 'occurrence" re- work hours for you will be deemed to gardless of the number of: be acting within the scope of their employment by you or performing du- (a) Insureds; ties related to the conduct of your (b) Claims made or "suits" business. brought; or 11. Broadened Notice Of Occurrence (c) Persons or organizations Paragraph a. of Condition 2. Duties In making claims or bringing The Event Of Occurrence, Offense, "suits". Claim Or Suit under Section IV - Com- mercial General Liability Conditions is replaced by the following: (a) Our obligation to pay dam- a. You must see to it that we are notified ages on your behalf applies as soon as practicable of an "occur- only to the amount of dam- rence" or an offense which may result ages for each 'occurrence" in a claim. To the extent possible, no- which are in excess of the tice should include: Deductible Amount shown in Section B. Limits Of Insur- (1) How, when and where the "oc- ance, 9. Property Damage currence" or offense took place; To Borrowed Equipment of this endorsement. The limits (2) The names and addresses of of insurance will not be re- any injured persons and wit- duced by the application of nesses; and such deductible amount. (3) The nature and location of any (b) Section IV - Commercial injury or damage arising out of General Liability Conditions, the 'occurrence" or offense. 2. Duties In The Event Of This requirement applies only when Occurrence, Offense, Claim the 'occurrence" or offense is known Or Suit, applies to each to any insured listed under Paragraph claim or "suit" irrespective of 1. of Section II - Who Is An Insured or the amount. any "employee" authorized by you to (c) We may pay any part or all give or receive notice of an "occur- of the deductible amount to rence" or offense. effect settlement of any 12. Nonowned Aircraft claim or "suit" and, upon no- tification of the action taken, The following is added to Exclusion 2.g. you shall promptly reim- Aircraft, Auto Or Watercraft under Sec- burse us for such part of the tion I - Coverage A - Bodily Injury And deductible amount as has Property Damage Liability: been paid by us. This exclusion does not apply to an air- 10. Employees As Insureds - Specified craft you do not own, provided that: Health Care Services And Good Samar- itan Services a. The pilot in command holds a current effective certificate, issued by a duly Paragraph 2.a.(1)(d) under Section II - constituted authority of the United Who Is An Insured does not apply to: States of America or Canada, desig- nating that person as a commercial or airline transport pilot; Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 14 of 17 b. The aircraft is rented with a trained, 2) Damage occurs while in paid crew; and your possession. c. The aircraft does not transport per- At your written request, we sons or cargo for a charge. will make this payment re- gardless13. BodilyInjury Redefined of whether you are J rY at fault for the "property Section V - Definitions, 3. "Bodily injury" damage". is replaced by the following: If you, at our request, re- 3. "Bodily injury" means bodily harm or place, or make any repairs injury, sickness, disease, disability, to, damaged property of humiliation, shock, fright, mental an- others, the amount we will guish or mental injury, including care, pay under Voluntary Proper- loss of services or death resulting ty Damage Coverage will be from any of these at any time. determined by your actual cost to replace or repair the 14. Expected Or Intended Injury Redefined damaged property, exclud- The last sentence of Exclusion 2.a. Ex- ing any profit or overhead. pected Or Intended Injury under Sec- Any payment we make un- tion I - Coverage A - Bodily Injury And der Voluntary Property Property Damage Liability is replaced by Damage Coverage shall not the following: be interpreted as an admis- This exclusion does not apply to "bodily Sion of liability by you or by us. injury" or"property damage" resulting from the use of reasonable force to protect per- It shall be your duty, not our sons or property. duty, to defend any claim or "suit" to which this insurance 15. Former Employees As Insureds applies. The following is added to Paragraph 2. No other obligation or liabil- under Section II -Who Is An Insured: ity to pay sums or perform 2. Each of the following is also an in- acts or services is covered. sured: (b) This insurance applies to Any of your former "employees", di- "property damage" only if: rectors, managers, members, part- 1) The "property damage" ners or "executive officers", including takes place in the "cov- but not limited to retired, disabled or erage territory"; and those on leave of absence, but only for acts within the scope of their em- 2) The "property damage" ployment by you or for duties related occurs during the policy to the conduct of your business. period. 16. Voluntary Property Damage Coverage (2) Exclusions a. Section I - Coverages is amended to This insurance does not apply to include the following: "property damage" that would be COVERAGE D - VOLUNTARY excluded by Coverage A- Bodily PROPERTY DAMAGE COVERAGE Injury And Property Damage Lia bility, 2. Exclusions, except for j. (1) Insuring Agreement Damage To Property, Para- graphs (3), (4), (5) and (6), k. (a) We will pay the cost to re- Damage To Your Product, and I. pair or replace "property Damage To Your Work. damage" to property of oth- ers arising out of operations (3) Definitions incidental to your business For purposes of Voluntary Prop- when: erty Damage Coverage only, the 1) Damage is caused by following definitions under Sec- you; or tion V - Definitions are replaced by the following: Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 15 of 17 13. "Occurrence" means an in- "property damage" under this cident, including continuous Coverage Part. or repeated exposure to substantially the same gen- c. Limits Of Insurance And Deducti- eral harmful conditions that bles result in "property damage". For purposes of the coverage provid- 17. "Property damage" means ed by Voluntary Property Damage physical injury to tangible Coverage and Care, Custody Or Con- property. Electronic data is trol Liability Coverage, Section III - not tangible property, and Limits Of Insurance is amended to "property damage" does not include the following: include disappearance, ab- (1) The Limits of Insurance shown in straction or theft. the Declarations are replaced by As used in this definition, the limits shown in Section B. electronic data means in- Limits Of Insurance, 16. Volun- formation, facts or pro- tary Property Damage Coverage grams, stored as or on, cre- and Care, Custody Or Control ated or used on, transmitted Liability Coverage in this en- to or from computer soft- dorsement. These limits are in- ware, including systems and clusive of, and not in addition to, applications software, hard the limits being replaced. The or floppy disks, CD-ROMs, Limits of Insurance shown in the tapes, drives, cells, data Schedule fix the most we will pay processing devices or any regardless of the number of: other media which are used (a) Insureds; with electronically controlled equipment. (b) Claims made or "suits" b. Care, Custody Or Control Liability brought; or Coverage (c) Persons or organizations For purposes of the coverage provid- making claims or bringing "suits". ed by Care, Custody Or Control Lia- bility Coverage in this endorsement (2) (a) Subject to (3) below, the only: Voluntary Property Damage (1) Section I - Coverage A - Bodily Coverage Each Occurrence Injury And Property Damage Lia- Limit Of Insurance is the most we will pay for the sum bility, 2. Exclusions, j. Damage of damages under Voluntary To Property, Paragraphs (3), (4) Property Damage Coverage; and (5) do not apply to "property damage" to the property of oth- (b) The Care, Custody Or Lon- ers described therein. trol Liability Coverage Each (2) It shall be your duty, not our duty, Occurrence Limit Of Insur- ance is the most we will pay to defend any claim or "suit" to for the sum of damages un- which this insurance applies. der Care, Custody Or Con- No other obligation or liability to trol Liability Coverage; pay sums or perform acts or ser- because of all "property damage" vices is covered. arising out of any one "occur- This Paragraph (2) supersedes rence". any provision in the Coverage (3) The Voluntary Property Damage Part to the contrary. Coverage, Aggregate Limit Of (3) "Property damage" for which Insurance is the most we will pay Care, Custody Or Control Liabil- for the sum of all damages under ity Coverage provides coverage Voluntary Property Damage shall be deemed to be caused by Coverage. This limit applies sep- an "occurrence" but shall not arately to each "coverage term". serve to limit or restrict the ap- (4) Deductible Clause plicability of any exclusion for Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 16 of 17 (a) Our obligation to pay dam- you shall promptly reim- ages on your behalf applies burse us for such part of the only to the amount of dam- Deductible Amount as has ages for each "occurrence" been paid by us. which are in excess of the Deductible Amount shown in 17. Broadened Contractual Liability - Work Section B. Limits Of Insur- Within 50' Of Railroad Property ance, 16. Voluntary Property Section V - Definitions, 9. "Insured con- Damage Coverage and tract" is amended as follows: Care, Custody Or Control Liability Coverage. The lim- a. Paragraph c. is replaced by the fol- its of insurance will not be lowing: reduced by the application of such Deductible Amount. c. Any easement or license agree- ment; (b) Section IV - Commercial General Liability Conditions, b. Paragraph f.(1) is deleted in its entire- 2. Duties In The Event Of ty• Occurrence, Offense, Claim 18. Alienated Premises Or Suit, applies to each claim or "suit" irrespective of Exclusion 2 j. Damage To Property, Para- the amount. graph (2) under Section I - Coverage A - (c) We may pay any part or all Bodily Injury And Property Damage Liabil- ity does not apply if the premises are of the Deductible Amount to "your work". effect settlement of any claim or "suit" and, upon no- tification of the action taken, Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 17 of 17 This page has been left blank intentionally. COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): As Required by written Contract:. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes le- shown in the Declarations nor shall they gally obligated to pay as damages caused by reduce any other Designated Construc- "occurrences" under Section I - Coverage A, tion Project General Aggregate Limit for and for all medical expenses caused by acci- any other designated construction project dents under Section I - Coverage C, which shown in the Schedule above. can be attributed only to ongoing operations at a single designated construction project 4. The limits shown in the Declarations for shown in the Schedule above: Each Occurrence, Damage To Premises Rented To You and Medical Expense 1. A separate Designated Construction continue to apply. However, instead of Project General Aggregate Limit applies being subject to the General Aggregate to each designated construction project„ Limit shown in the Declarations, such lim- and that limit is equal to the amount of the its will be subject to the applicable Desig- General Aggregate Limit shown in the nated Construction Project General Ag- Declarations. gregate Limit. 2. The Designated Construction Project B. For all sums which the insured becomes le- General Aggregate Limit is the most we gally obligated to pay as damages caused by will pay for the sum of all damages under "occurrences" under Section I - Coverage A, Coverage A,except damages because of and for all medical expenses caused by acci- "bodily injury" or "property damage" in- dents under Section I - Coverage C, which cluded in the "products-completed opera- cannot be attributed only to ongoing opera- tions hazard", and for medical expenses tions at a single designated construction proj- under Coverage C regardless of the ect shown in the Schedule above: number of: 1. Any payments made under Coverage A a. Insureds; for damages or under Coverage C for b. Claims made or"suits" brought;or medical expenses shall reduce theamount available under the General Ag- c. Persons or organizations making gregate Limit or the Products-completed claims or bringing "suits". Operations Aggregate Limit, whichever is applicable; and 3. Any payments made under Coverage A for damages or under Coverage C for �• such payments shall not reduce any medical expenses shall reduce the Des- Designated Construction Project General ignated Construction Project General Ag- gregate Limit for that designated con- C. When coverage for liability arising out of the struction project. Such payments shall not "products-completed operations hazard" is reduce the General Aggregate Limit provided, any payments for damages be- CG 25 03 05 09 @) Insurance Services Office, Inc., 2008 Page 1 of 2 ❑ cause of "bodily injury" or "property damage" doned and then restarted, or if the authorized included in the "products-completed opera- contracting parties deviate from plans, blue- tions hazard" will reduce the Products- prints, designs, specifications or timetables, completed Operations Aggregate Limit, and the project will still be deemed to be the same not reduce the General Aggregate Limit nor construction project. the Designated Construction Project General E. The provisions of Section III - Limits Of Insur- Aggregate Limit. ance not otherwise modified by this endorse- D. if the applicable designated construction proj- ment shall continue to apply as stipulated. ect has been abandoned, delayed, or aban- CG 25 03 05 09 0) Insurance Services Office, Inc., 2008 Page 2 of 2 ❑ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or cluded in the "products-completed Contractors - Automatic Status For Other operations hazard", but only if: Parties When Required In Written Contract Or Agreement With You (1) The Coverage Part to which this endorsement is attached pro- f. Section II - Who Is An Insured is vides coverage for "bodily injury" amended to include as an additional in- or "property damage" included sured any person or organization you within the "products-completed have agreed in writing in a contract or operations hazard"; and agreement to add as an additional in- sured on this Coverage Part. Such per- (2) The written contract or written son(s) or organization(s) is an additional agreement requires you to pro- insured only with respect to liability for: vide additional insured coverage included within the "products- a. "Bodily injury", "property damage" or completed operations hazard" "personal and advertising injury" for that person or organization. caused, in whole or in part, by the performance of your ongoing opera- If the written contract or written tions by you or on your behalf, under agreement requires you to provide that written contract or written additional insured coverage included agreement. Ongoing operations does within the "products-completed oper- not apply to "bodily injury" or "proper- ations hazard" for a specified length ty damage" occurring after: of time for that person or organiza- tion, the "bodily injury" or "property (1) All work, including materials, damage" must occur prior to the ex- parts or equipment furnished in piration of that period of time in order connection with such work, on for this insurance to apply. the project (other than service, maintenance or repairs) to be If the written contract or written performed by or on behalf of the agreement requires you to provide additional insured(s) at the loca- additional insured coverage for a tion of the covered operations person or organization per only ISO has been completed; or additional insured endorsement form number CG 20 10, without specifying (2) That portion of"your work" out of an edition date, and without specifi- which the injury or damage aris- cally requiring additional insured es has been put to its intended coverage included within the "prod- use by any person or organiza- ucts-completed operations hazard", tion other than another contrac- this Paragraph b. does not apply to for or subcontractor engaged in that person or organization. performing operations for a prin- cipal as a part of the same pro- 2. If the written contract or written agree- ject; and ment described in Paragraph 1. above specifically requires you to provide addi- b. "Bodily injury" or "property damage" tional insured coverage to that person or caused, in whole or in part, by "your organization: work" performed under that written contract or written agreement and in- a. Arising out of your ongoing opera- tions or arising out of"your work"; or Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 1 of 3 b. By way of an edition of an ISO addi- 2. With respect to the insurance afforded to tional insured endorsement that in- the additional insureds described in Para- cludes arising out of your ongoing graph B.1., the following additional exclu- operations or arising out of "your sions apply: work"; This insurance does not apply to: then the phrase caused, in whole or in part, by in Paragraph A.1.a. and/or Para- a. "Bodily injury", "property damage" or graph A.1.b. above, whichever applies, is "personal and advertising injury" aris- replaced by the phrase arising out of ing out of operations performed for the federal government, state or mu- 3. With respect to the insurance afforded to nicipality; or the additional insureds described in Para- graph A.1., the following additional exclu- b. "Bodily injury" or "property damage" sion applies: included within the "products- completed operations hazard." This insurance does not apply to "bodily injury", "property damage" or "personal C. The insurance afforded to additional insureds and advertising injury" arising out of the described in Paragraphs A. and B.: rendering of, or the failure to render, any 1. Only applies to the extent permitted by professional architectural, engineering or law; and surveying services, including: a. The preparing, approving or failing to 2. Will not be broader than that which you are required by the written contract, writ- prepare or approve, maps, shop ten agreement, written permit or written drawings, opinions, reports, surveys, authorization to provide for such addition- field orders, change orders or draw- al insured; and ings and specifications; or b 3• Does not apply to any person, organiza- . Supervisory, inspection, architectural tion, state, governmental agency or sub- or engineering activities. division or political subdivision specifically This exclusion applies even if the claims named as an additional insured for the against any insured allege negligence or same project in the schedule of an en- other wrongdoing in the supervision, hir- dorsement added to this Coverage Part. ing, employment, training or monitoring of D. With respect to the insurance afforded to the others by that insured, if the "occurrence" additional insureds described in Paragraphs which caused the "bodily injury" or "prop- A. and B., the following is added to Section III erty damage", or the offense which - Limits Of Insurance: caused the "personal and advertising inju- ry", involved the rendering of, or the fail- The most we will pay on behalf of the addi- ure to render, any professional architec- tional insured is the amount of insurance: tural, engineering or surveying services. 1. Required by the written contract, written 4. This Paragraph A. does not apply to addi- agreement, written permit or written au- tional insureds described in Paragraph B. thorization described in Paragraphs A. and B. For the purpose of determining the B. Additional Insured -State Or Governmental required amount of insurance only, we will Agency Or Subdivision Or Political Subdi- include the minimum amount of any Um- vision - Automatic Status When Required brella Liability or Excess Liability cover- In Written Permits Or Authorizations age required for that additional insured in 1. Section II - Who Is An Insured is that written contract, written agreement, amended to include as an additional in- written permit or written authorization; or sured any state or governmental agency 2. Available under the applicable limits of in- or subdivision or political subdivision you surance; have agreed in writing in a permit or au- thorization to add as an additional insured whichever is less. on this Coverage Part. Such state or gov- ernmental agency or subdivision or politi- This endorsement shall not increase the appli- cal subdivision is an additional insured cable limits of insurance. only with respect to operations performed E. Section IV - Commercial General Liability by you or on your behalf for which the Conditions is amended to add the following: state or governmental agency or subdivi- sion or political subdivision has issued, in Automatic Additional Insured Provision writing, a permit or authorization. Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 2 of 3 This insurance applies only if the "bodily inju- scribed in Paragraph A. or B. that this in- ry" or "property damage" occurs, or the "per- surance would be primary to any other in- sonal and advertising injury" offense is com- surance available to the additional in- mitted: sured. 1. During the policy period; and As used in this endorsement, wrap-up insur- ance means a centralized insurance program 2. Subsequent to your execution of the writ- under which one party has secured either in- ten contract or written agreement, or the surance or self-insurance covering some or all issuance of a written permit or written au- of the contractors or subcontractors perform- thorization, described in Paragraphs A. ing work on one or more specific project(s). and B. F. Except when G. below applies, the following is Primary And Noncontributory Insurance When Required By Written Contract, added to Section IV - Commercial General Agreement, Permit Or Authorization Liability Conditions, Other Insurance, and supersedes any provision to the contrary: Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- When Other Additional Insured Coverage sured, this insurance is primary to and will not Applies On An Excess Basis seek contribution from any other insurance This insurance is primary to other insurance available to the additional insured described in available to the additional insured described in Paragraphs A. and B. provided that: Paragraphs A. and B. except: 1. The additional insured is a Named In- 1. As otherwise provided in Section IV - sured under such other insurance; and Commercial General Liability Condi- 2. You have agreed in writing in a contract, tions, Other Insurance, b. Excess In- agreement, permit or authorization de- surance; or scribed in Paragraph A. or B. that this in- s. For any other valid and collectible insur- surance would be primary and would not ance available to the additional insured as seek contribution from any other insur- an additional insured on another insur- ance available to the additional insured. ance policy that is written on an excess As used in this endorsement, wrap-up insur- basis. In such case, this insurance is also ance means a centralized insurance program excess. under which one party has secured either in- G. The following is added to Section IV - Com- surance or self-insurance covering some or all mercial General Liability Conditions, Other of the contractors or subcontractors perform- Insurance, and supersedes any provision to ing work on one or more specific project(s). the contrary: H. Section IV - Commercial General Liability Primary Insurance When Required By Writ- Conditions, Transfer Of Rights Of Recov- ten Contract, Agreement, Permit Or Au- ery Against Others To Us is amended by the thorization addition of the following: Except when wrap-up insurance applies to the Waiver of Subrogation claim or "suit" on behalf of the additional in- We waive any right of recovery against any sured, this insurance is primary to any other additional insured under this endorsement, insurance available to the additional insured because of any payment we make under this described in Paragraphs A. and B. provided endorsement, to whom the insured has that: waived its right of recovery in a written con- 1. The additional insured is a Named In- tract, written agreement, written permit or writ- sured under such other insurance; and ten authorization. Such waiver by us applies only to the extent that the insured has waived 2. You have agreed in writing in a contract, its right of recovery against such additional in- agreement, permit or authorization de- sured prior to loss. Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 3 of 3 This page has been left blank intentionally. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlusO BUSINESS AUTO XC+O (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation This provision does not apply unless the valid SECTION IV - BUSINESS AUTO CONDI- written contract has been: TIONS, A. Loss Conditions, 5. Transfer of 1. Executed prior to the accident causing Rights of Recovery Against Others to Us is "bodily injury'or"property damage'; and amended by the addition of the following: 2. Is still in force at the time of the "accident" We waive any right of recovery we may have causing "bodily injury" or "property dam- against any person or organization because of age". payments we make for "bodily injury" or "property damage" arising out of the operation D. Employee Hired Auto of a covered "auto" when you have assumed 1. Changes in Liability Coverage liability for such "bodily injury" or "property damage" under an "insured contract", provid- The following is added to the SECTION II ed the "bodily injury" or"property damage"oc- - LIABILITY COVERAGE, A. Coverage, curs subsequent to the execution or the "in- 1.Who is an Insured: sured contract". An "employee" of yours is an "insured" B. Noncontributory Insurance while operating an "auto" hired or rented SECTION IV - BUSINESS AUTO CONDI- under a contract or agreement in that TIONS, B. General Conditions, 5. Other In- "employee's" name, with your permission, while performing duties related to the surance c. is deleted in its entirety and re- placed by the following: conduct of your business. 2. Changes in General Conditions C. Regardless of the provisions of Par- agraph a. above, this Coverage SECTION IV - BUSINESS AUTO CON- Form's Liability Coverage is primary DITIONS, B. General Conditions, 5. and we will not seek contribution Other Insurance is deleted in its entirety from any other insurance for any lia- and replaced by the following: bility assumed under an "insured contract" that requires liability to be b. For Hired Auto Physical Damage assumed on a primary noncontributo- Coverage the following are deemed ry basis. to be covered "autos"you own: C. Additional Insured by Contract (1) Any covered "auto" you lease, hire, rent or borrow; and SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended (2) Any covered "auto" hired or to include as an insured any person or organi- rented by your "employee" under zation for whom you have agreed in a valid a contract in that individual "em- written contract to provide insurance as af- ployee's" name, with your per- forded by this policy. mission, while performing duties related to the conduct of your This provision is limited to the scope of the business. valid written contract. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 1 of 4 However, any "auto" that is leased, a. Is effective on the date of acquisition hired, rented or borrowed with a driver or formation, and is afforded for 180 is not a covered "auto". days after such date; E. Audio, Visual and Data Electronic Equip- b. Does not apply to "bodily injury' or ment "property damage" resulting from an SECTION III - PHYSICAL DAMAGE COV- "accident" that occurred before you ERAGE, C. Limit of Insurance is amended acquired or formed the organization; by adding the following: c. Does not apply to any newly acquired 4. The most we will pay for all "loss" to au- or formed organization that is a joint venture or partnership; and dio, visual or data electronic equipment and any accessories used with this d. Does not apply to an insured under equipment as a result of any one "acci- any other automobile liability policy or dent"is the lesser of would be an insured under such a policy but for the termination of such a. The actual cash value of the dam- policy or the exhaustion of such poli- aged or stolen property as of the time cys limits of insurance. of the"accident'; 3. Any of your "employees" while using a b. The cost of repairing or replacing the covered "auto" in your business or your damaged or stolen property with oth- personal affairs, provided you do not own, er property of like kind and quality; or hire or borrow that"auto". c. $2,500. G. Liability Coverage Extensions - Supple- Provided the equipment, at the time of the mentary Payments-Higher Limits "loss" is: SECTION II - LIABILITY COVERAGE, A. a. Permanently installed in or upon the Coverage, 2. Coverage Extensions, a. Sup- covered "auto" in a housing, opening plementary Payments is amended by: or other location that is not normally 1. Replacing the $2,000 Limit of Insurance used by the "auto" manufacturer for for bail bonds with $4,000 in (2); and the installation of such equipment; 2. Replacing the $250 Limit of Insurance for b. Removable from a permanently in- reasonable expenses with $500 in (4). stalled housing unit as described in Paragraph 2.a.above; or H. Amended Fellow Employee Exclusion c. An integral part of such equipment. SECTION II - LIABILITY COVERAGE, B. Ex- clusions, 5. Fellow Employee is modified as F. Who is an Insured -Amended follows: SECTION II - LIABILITY COVERAGE, A. Exclusion 5. Fellow Employee is deleted. Coverage, 1. Who is an Insured is amended by adding the following: I. Hired Auto -Physical Damage The following are"insureds": If hired "autos" are covered "autos"for Liability Coverage, then Comprehensive and Collision 1. Any subsidiary which is a legally incorpo- Physical Damage Coverages as provided un- rated entity of which you own a financial der SECTION III - PHYSICAL DAMAGE interest of more than 50% of the voting COVERAGE of this Coverage Part are ex- stock on the effective date of this cover- tended to "autos" you hire, subject to the fol- age form. lowing: However, the insurance afforded by this 1. The most we will pay for "loss" to any provision does not apply to any subsidiary hired "auto" is $50,000 or the actual cash that is an "insured" under any other au- value or cost to repair or replace, which- tomobile liability policy or would be an "in- ever is the least, minus a deductible. sured" under such policy but for termina- tion of such policy or the exhaustion of 2. The deductible will be equal to the largest such policy's limits of insurance. deductible applicable to any owned "auto" for that coverage, or$1,000, whichever is 2. Any organization that is newly acquired or less. formed by you and over which you main- tain majority ownership. The insurance 3. Hired Auto - Physical Damage coverage provided by this provision: is excess over any other collectible insur- ance. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 2 of 4 4. Subject to the above limit, deductible, and K. Transportation Expense- Higher Limits excess provisions we will provide cover- age equal to the broadest coverage appli- SECTION III - PHYSICAL DAMAGE COV- cable to any covered "auto" you own in- ERAGE, A. Coverage, 4. Coverage Exten- sured under this policy. sions is amended by replacing $20 per day with $50 per day, and $600 maximum with Coverage includes loss of use of that hired au- $1,500 maximum in Extension a. Transpor- to, provided it results from an "accident" for tation Expenses. which you are legally liable and as a result of which a monetary loss is sustained by the L. Airbag Coverage leasing or rental concern. The most we will SECTION III - PHYSICAL DAMAGE COV- pay for any one "accident"is$3,000. ERAGE, B. Exclusions, 3.a. is amended by If a limit for Hired Auto - Physical Damage is adding the following: shown in the Schedule, then that limit replac- However, the mechanical and electrical es, and is not added to, the $50,000 limit indi- breakdown portion of this exclusion does not cated above and the deductibles shown in the apply to the accidental discharge of an airbag. Schedule are applicable. This coverage for airbags is excess over any J. Rental Reimbursement other collectible insurance or warranty. SECTION III - PHYSICAL DAMAGE COV- M. Loan or Lease Gap Coverage ERAGE is amended by adding the following: 1. SECTION III - PHYSICAL DAMAGE 1. We will pay for rental reimbursement ex- COVERAGE, C. Limit of Insurance is penses incurred by you for the rental of deleted in its entirety and replaced by the an "auto" because of a "loss"to a covered following, but only for private passenger "auto". Payment applies in addition to the type "autos"with an original loan or lease, otherwise applicable amount of each cov- and only in the event of a "total loss" to erage you have on a covered "auto". No such a private passenger type "auto": deductible applies to this coverage. a. The most we will pay for"loss" in any 2. We will pay only for those expenses in- one"accident"is the greater of: curred during the policy period beginning (1) The amount due under the terms 24 hours after the "loss" and ending, re- of the lease or loan to which gardless of the policy's expiration, with your covered private passenger the lesser of the following number of type "auto"is subject, but will not days: include: a. The number of days reasonably re- (a) Overdue lease or loan pay- quired to repair the covered "auto". If ments; "loss" is caused by theft, this number of days is added to the number of (b) Financial penalties imposed days it takes to locate the covered under the lease due to high "auto"and return it to you; or mileage, excessive use or b. 30 days. abnormal wear and tear; 3. Our payment is limited to the lesser of the (c) Security deposits not re- following amounts: funded by the lessor; (d) Costs for extended warran- a. Necessary and actual expenses in- ties, Credit Life Insurance, curred; or Health, Accident or Disabil- b. $50 per day. ity Insurance purchased with the loan or lease; and 4. This coverage does not apply while there are spare or reserve "autos" available to (e) Carryover balances from you for your operations. previous loans or leases, or 5. We will pay under this coverage only that (2) Actual cash value of the stolen amount of your rental reimbursement ex- or damaged property. penses which is not already provided for b. An adjustment for depreciation and under SECTION III - PHYSICAL DAM- physical condition will be made in de- AGE COVERAGE, A. Coverage, 4. termining actual cash value at the Coverage Extensions. time of"loss". Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 3 of 4 2. SECTION V - DEFINITIONS is amended P. Unintentional Failure to Disclose Hazards by adding the following, but only for the purposes of this Loan or Lease Gap SECTION IV - BUSINESS AUTO CONDI- Coverage: TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is "Total loss" means a "loss" in which the amended by adding the following: cost of repairs plus the salvage value ex- ceeds the actual cash value. However, if you unintentionally fail to disclose any hazards existing on the effective date of N. Glass Repair-Waiver of Deductible this Coverage Form, we will not deny cover- SECTION III - PHYSICAL DAMAGE COV- age under this Coverage Form because of such failure. ERAGE, D. Deductible is amended by adding the following: Q. Mental Anguish Resulting from Bodily Inju- No deductible applies to glass damage if the ry glass is repaired in a manner acceptable to us SECTION V - DEFINITIONS, C. "Bodily inju- rather than replaced. ry" is deleted in its entirety and replaced by O. Duties in the Event of an Accident, Claim, the following: Suit or Loss-Amended "Bodily injury" means bodily injury,sickness or SECTION IV - BUSINESS AUTO CONDI- disease sustained by a person, including men- tal anguish and death sustained by the same TIONS, A. Loss Conditions, 2. Duties in the person that results from such bodily injury, Event of Accident, Claim, Suit or Loss, a. is sickness or disease. "Bodily injury' does not amended by adding the following: include mental anguish or death that does not This condition applies only when the "acci- result from bodily injury, sickness or disease. dent"or"loss"is known to: R. Coverage for Certain Operations in Con- t. You, if you are an individual; nection with Railroads 2. A partner, if you are a partnership; With respect to the use of a covered "auto" in operations for or affecting a railroad: 3. An executive officer or insurance manag- er, if you are a corporation; or 1. SECTION V - DEFINITIONS, H. "Insured contract", 1.c. is deleted in its entirety and 4. A member or manager, if you are a lim- replaced by the following: ited liability company. c. An easement or license agreement; 2. SECTION V - DEFINITIONS, H. "Insured contract", 2.a. is deleted. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 4 of 4