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ARCHITECTS AND ENGINEERS PROGRAM SUMMARY ENDORSEMENT <br />THIS SUMMARY ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. <br />INSURED: Johnson-Frank &' Associates, lnc Ridellty & Guaranty Ins. Under. <br />POLICY NUMMER. BX01957972 <br />LICY PERIOD: 12(01!05 to 12101106 <br />DITIONAL INSURED: City of Santa Ana, its officers, employees, agents and representatives <br />This summary endorsement modifies insurance provided under the following: <br />Additional Insured: The following is added to Section II. <br />WHO IS AN INSURED: <br />Any person or organization that you agree to add as an insured <br />under this Liability Coverage. Part in a written contract or <br />agreement that is made before, and in effect when, the "bodily <br />injury" or "property damage" occurs or the offense that causes <br />the "personal injury" or "advertising injury" is first committed, <br />but only with respect to that person's or organ'ization's liability <br />arising out of "your wosle' for that person or organization.: <br />However, such person or organization is not an insured with <br />respect to any <br />(1) 'Bodily injury", "property damage", <br />"advertising injury" that does not arise <br />negligence; or. (b) The negligence of <br />organization for whom you are liable; <br />"personal injury:' or <br />Other Insurance: The following replaces SECTION <br />W.Conditions, 5. "Other Insurance", a.. Primary Insurance, (2): <br />(2) However, this insurance will be considered primary to, and <br />non-contributory with, "other insurance' issued directly to a <br />person or organization added as an additional insured under <br />Section 11. WHO IS AN. INSURED 2.; if you specifically agree, <br />in that written contract or agreement. that this insurance must be <br />primary to,. and non-contributory with, such "other insurance". <br />This insurance will their be applied as primary insurance for <br />damages. for "bodily injury". "property damage", "personal <br />input'" or "adverdsing injury" to which this insurance applies and <br />that are incurred by such person or organization, and we will not <br />share those damages with such "other insurance". <br />out of. (a) Your <br />another petscm at Separation of Insureds: <br />(2) "Bodily injury", "property damage", ..personal. injury" or <br />"advertising injury" fox which such person or organization has <br />assumed liability in a'contract or agreement, except for liability <br />for damages that such person or organization would have in the <br />absence of the contractor agreement; <br />6"Property damage" to: (a) Property owned, used or occupied <br />by,. or lamed or rented to such. person or organization; (b) <br />Property over which an& person or organization is for any <br />purpose exercising physical control; or (c) 'Your wort' <br />performed for the insured; or <br />Except with respect to the Limits of Liability, and. any. rights or <br />duties.specifically assigned in this Coverage Part to the First <br />Named Insured, this insurance applies: <br />a As if each Named Insured were the only Named Insured; and <br />b. Separately to each insured against whom claim is made or <br />"suit" is brought. <br />Transfer of Rights of Recovery and Proceeds <br />Against Others to Us (Waiver of Subtogation): <br />The following is added to Section IV. Conditions, S.: <br />However, we waive any right of recovery and proceeds we. may <br />have against any person or organization that is added as an <br />Additional Insured under WHO IS AN INSURED, 2:: <br />a. Because of payments we make for "bodily injury", "property <br />damage", "personal injury" of "advertising iuW'firixing out Of <br />`your wort' in ongoing operations or included in the "products- <br />completed operations hazard''; and <br />b. Performed under a written contract or agreement that is made <br />before, and in effect when, the 'bodily injury' or "property <br />damage" occurs or the offense that causes the "personal injury' <br />or "advertising injury' is committed; and <br />(4) 'Bodily mjurf', "property damage", "personal injury" or <br />..advertising ntjusy" arising out of any architeces, engineer's or <br />surreyoes tendering of, or failure to render, airy "professional <br />service", when such person or organization is an architect, <br />engines or surveyor. <br />Aggregate Limit of Insurance (Per Project): <br />The General Aggregate Limit applies separately to each of your <br />projects away from pmeises owned by or anted to you. <br />Notice of Cancellation: <br />We may cancel this policy by mailing (first class mail only) or <br />delivering written notice of cancellation at least: <br />a. 10 days before the effective date of cancellation if we cancel <br />for non-payment of premium; or <br />b. 30 days before the effective date of cancellation if we canal <br />for any other reason. - <br />• <br />C. You specifically agree in such written contract or agreement to <br />waive those rights of recovery and proceeds for such petson or <br />organization. <br />Countersigned by Authorized Representative <br />CL/BP 26 09 09 03 Includes copyrighted mata;sl of Insurance Services Office with its Printed in U.&A. <br />Abbreviated Permission. Copyright, Insurance Services Office, inc. 2001