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ARCHITECTS AND i_ .GINEERS PROGRAM ENDOR~.._.MENT <br />THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. <br /> <br />INSURED: Johnson-Frank & Associates, Inc. American Manufacturers <br />POLICY NUMBER: 7RE65938503 Mutual Insurance Co. <br />POLICY PERIOD: 12/01/02 to 12/01/03 <br /> <br />ADDITIONAL INSURED: City of Santa Aha, its officers, employees, agents and <br />representatives <br /> <br />This endorsement modifies insurance provided under the following: <br /> <br />BUSINESSOWNERS POLICY <br /> <br />A. Additional Insured: <br /> <br />The following is added to the Businessowners <br />Liability Coverage Form, BP 71 08; <br /> <br />Item 5. Of Section C. - WHO IS AN INSURED, <br />is deleted and replaced by the following: <br /> <br />5. Additional Insureds- By Contract, <br /> Agreement Or Permit <br /> <br />Any person or organization to whom or to <br />which you are obligated by virture ora written <br />contract, agreement or permit to provide such <br />insurance as affored by this policy is an <br />insured, but only with respect to liability <br />arising out of: <br /> <br />a. "Your work" for that insured by you; <br /> <br />b. Permits issued by state or political <br /> subdivisions for operations performed by <br /> you; or <br /> <br /> c. Premises you own, rent, occupy or use. <br /> <br /> This provision does not apply unless the <br /> written contract or agreement has been <br /> executed, or the permit has been issued, prior <br /> to the "bodily injury,' "property damage," <br /> "personal injury" or "advertising injury." <br /> <br />B. Primary Coverage: <br /> <br /> With respect to claims arising out of the <br /> operations of the Named Insured, such insurance <br /> as afforded by this policy is primary and is not <br /> additional to or contributing with any other <br /> insurance carried by or for the benefit of the <br /> above Additional lnsureds. <br /> <br />C. Waiver of Subrogation: <br /> <br /> Paragraph 2., of the TRANSFER OF RIGHTS <br /> OF RECOVERY AGAINST OTHERS TO US <br /> condition, of the Businessowners Common Policy <br /> Conditions, BP 7l 10, is deleted and replaced by <br /> the following: <br /> <br /> 2. Applicable to Businessowners Liability <br /> Coverage: <br /> <br /> a. If the insured has rights to recover all or <br /> part of any payment we have made under <br /> this policy, those rights are transferred to <br /> us. This insurance shall not be <br /> invalidated should the Named Insured <br /> waive in writing, prior to a loss, any or <br /> all rights of recovery against any party <br /> for a loss occurring. However, the <br /> insured must do nothing after a loss to <br /> impair these rights. At our request, the <br /> insured will bring "suit" or transfer those <br /> rights to us and help us enforce them. <br /> This condition does not apply to Medical <br /> Expenses Coverage. <br /> <br />After a loss you may waive your rights <br />against another party in writing, only if, <br />at the time of the loss, that party is one <br />of the following: <br /> <br />A business firm: <br /> <br />1) Owned or controlled by you; or <br /> <br />2) That owns or controls you. <br /> <br />Countersigned by Authorized Representative <br /> <br />BP 7434 (Ed. 07 99) Abbreviated <br /> <br />APPROVED AS TO FORM <br /> <br />'~a u ]/2 Sl~ccdy <br />Deputy City Attorney <br /> <br />Printed in U.S.A. <br /> <br /> <br />