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HomeMy WebLinkAboutCITYGATE ASSOCIATES, LLC.A-2016-241-01 NSURANCE ON FILE MAYOR WORK MAY PROCEED Miguel A. Pulido UNTIL INSURANCE EXPIRES MAYOR PRO TEM 1 O, `\ Juan Villages 1 COUNCILMEMBERECLERK OF COUNCIL Cecilia Iglesias DATESFP '� Q z��g David Penaloza Vicente SamientKn Jose Solorio CITY OF SANTA ANA SANTA ANA POLICE DEPARTMENT 60 Civic Center Plaza Santa Ana, California 92701 Www.santa-ana.ora May 13, 2019 Citygate Associates, LLC Attn: David C. DeRoos, President 600 Coolidge Dr., Ste. 150 Folsom, CA 95630 Re: Extension of Agreement #A-2016-241 to provide training course and exercises Dear Mr. DeRoos, CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho ACTING CLERK OF THE COUNCIL Norma Mitre Pursuant to Section 4 ("Term") of Agreement No. A-2016-241 ("Agreement") entered into by Citygate Associates, LLC and the City of Santa Ana, dated August 16, 2016, the time period of said Agreement is hereby extended for an additional one (1) year period, from August 16, 2019 to August 15, 2020. The insurance certificates are required to be extended and/or renewed to cover this extension. All other terms and conditions of said Agreement remain unchanged and in full force and effect. S' 11(��? a entin Chief of Police CITY OF SANTA ANA: �9 Kristine Ridge City Manager APPROVED AS TO FORM: VS to R. Carvalho it Attorney A Tamara Bogosian - Assistant City Attorney CONTRA TOR David . DeRoos, MPA, CMC President ATTEST: -/Norma Mitre r - Acting Clerk of the Council SANTA ANA CITY COUNCIL Miguel A. P kdo Juan Vitlegas Vicente Sanniente David Penaloza Jose Solono Vacant Cecilia Iglesias Mayor Mayor Pro Tern, Ward 5 Ward Wartl2 Wad Ward4 Wadi moulldo8senta-ana Ayaermlenteissanla-ana.oro goenalozagDsantaana wa ISnlario0santa-ana.oro ciolesestes2nta- enaAra CITYG-1 OP ID. C ' CERTIFICATE OF LIABILITY INSURANCE oA'I 1 lmmrorvvyrYl _ _ 0S2912019 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 pnllcy(ies) must bo endorsed. if SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, Certain policies may require an endorsement. A statement on this certificate do" not confor rights to tite a Insurance Agency, Inc. -�yg (pq� #OC42488 y Ip9169615000 W_ttA+9'Nh4.91t zol Avenue, Suite 110 !o� fj4l]b!oD Dg^ifnI istnanra tCa com a, CA 95628 ,._ .,,.v. S Insurance Agency, Inc INS DING COVERAGE INSURER A: Samna[ Inopr mce Company Ltd 600 Coolidge Drive, Suite 160 Folsom, CA 96030 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALI. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CLAMS -MADE 0X1 OCCUR ' X I X 157SSAAZ1255 1071161201910711612020 L AGGREGATE LIMIT APPLIES PER: POLICY N X O CJ LOG AUTOMOBILE LIABIUW vMrHr v;r'.w.c ww $ A ANYAUIO X 57SBAAZ1255 0711512019 0711612020 E00ILV INJURY (Par pnrapn)'$ . ALLOWNED "6CHEDULEO AUTOS AUTOS """ a04NLY INJURY(Per'"11:t) $ I X-. AUTOS ED T+p iY $ MRF.DAAJrOS ...,.., _._ .L4aRt ....... .....: ._ X'. UmBRELtA UAB X OCCUR EAGHOCCURRENCC 5 A excess UAac IMaMAD 575SAAZ1255 4711512019 47M512020 ,AGGREGA E $ AND EMPLOYERS LIABILRY YIN ;. IANY PnwnRiver olTrPARrnERrrlxE,r;urme X 57WECEU6620 10101/2018 10f0112019 EI LAL.HnwIakNT s okrle ErzrMEMUER rxcl.urxenY {NIA' A Eimandamry In NNi I � ��� EL CI9EABE EA EMPLOYE $ omtaxions OP OPERATIONS! LOCATIONSI VEHICLES CACeRO TUT, Atltlitionai Ramarka 9chaduN,may bo attached {t mom apace it regain al Insured: The City of Santa Ana, its officers, agents, and a in regards to the General Liability as per the attached. Primary atributory per attached Form SS 00 08 04 05. (30) Days Notice of Lion as per attached Form SS 12 23 06 11, City of Santa Ana Risk Management Div 20 Civic Center Plaza, Santa Ana, CA 92702 Occur 032019 ULD ANY OF THE ABOVE EXPIRAnON DESCRIBED POLICIES DATE THEREOF, NOTICEWILL BE ELLED BEFORE THEDELIVERED IN ACCORDANCE MTN THE POLICY PROVISIONS. MLAMHER'AUTHORDED REPRESENTATRIE ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014101) The ACORD name and Toga are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. Policy Number: 57 WEC EU6620 Endorsement Number: Effective Date: Effective hour is the some as stated on the Information Page of the policy, Named Insured and Address: CITYGATS ASSOCIATES,, LLC 600 COOLIDGH' DR 9TR 150 F03'som ('A We have the right to recover our payments from anyone Ilable for an Injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule, (This agreement applies only to the extent that you perform work under a wrloon contract that requires you to obtain [hie, agreement from us,) You must maintain payroll records accurately segregating the remuneration of your employees while engaged In the work described In the Schedule: The additional prornlurn for this endorsement suall be 2 otherwise duo on such ramonoratlon , Person or Organization Form WC 04 03 Process Date: 0 6 / 2 8 / 15) % of the California workers' compensation premium Job Vasorliatlon Countersigned by 6& ;, Authodzed -Representative USA Policy Expiration Data: io/oVig Foliqy Number; 57SEMAM259 lnoured.t Oityqate As000latps, LL�� Effective Date$: 07/15/2620 Form $$ 00 08 04 a jqt 4, 0 2006, The Hertford QUICK REFERENCE 11 1 :1 I I ;a I — I M11-1 BUSINESS LIABILITY COVERAGE FORM Beginning on Page & COVERAGE$ I Business Liability 1 Medical Expenses 2 Coverage Extension - Supplementary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 0. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 114 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 t Bankruptcy 16 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 3. Finanolal Responsibility Laws 16 4. Legal Action Against Us 16 & Separation Of Insureds 16 6. Representations 10 7, Other Insurance 10 8. -Transfer Of F41ghts Of Recovery Against Others To Us 17 F, OPTIONAL ADDITIONAL INSURED COVERAGE$ 10 Addiflonol Insureds I$ G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 F1 MM All 11111r 0 Various provisions in this policy restrict coverage, Read the entire policy carefully to determine rights, clutles and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Narned Insured shown in the Declarations. The words "we", "us' and "oar" refer to the stock Insurance company member of The Hartford providing this Insurance, The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured. Other words And phrases that appear In quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions, 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising Injury" to which this insurance applies. We will have the right and duty to defend the Insured against any "suit" aeaking those damages, However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any .occurrence" or offense and settle any claim or "suit" that may result, But! (1) The amount we will pay for damages is limited as described in Section D. - Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to datend ends when we have used Lip the applicable limit of Insurance in the payment of judgments, settlements or medical expenses to which this insurance applies, No other obligation or liability to pay sums or perform arts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments, In. This insurance applies; (1) To "bodily Injury" and "property damage" only If: Form SS 00 03 04 05 CD 2005,'rhe Hartford (a) The "bodily Injury" or "property damage" is caused by an .'occurrence" that takes place in the "coverage tpirraory"; (b) The "bodily injury' or "property detnago!' occurs during the policy period; And (c) Prior to the policy pericid, no insured listed under Paragraph 1. of Section C. — Who 16 An Insured and no "employea" authorized by Yowto give or receive notice of an "occurrence" or Malm, knew that the "bodily, injury" or "property damage" had occurred, In whole or in part. If such a listed insured at authorizeol "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily Injury" or "properly damage" during or after the policy period will be deeniod to have been known prior to the policy period. (2) To "personal and advertising Injury" caused by an offense Arising out of your business, but only If the offense ores committed in the "coverage territory" during the policy period. 0, "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earlost time when any insured listed under Paragraph 1. of Section C. — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports All, or any part, of the "bodily injury" or "property domage' to us or any other insurer; Page I of 24 BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or claim for damages bccauso of tho "bodily Injury' or "property damage"; or (3) Becomes aware by any other means that "hodly Injury" or "property damage" his occurred or has begun to occur, of. Damages because at "bodily Injury" Include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily Injury". a. Incidental Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to Tender professional health care services as a physician, dentist, norso, emergency medical technician or paramedic shelf be deemed to be caused by an occurrence", but only it, (a) The physician, dentist, ourso, emergency medical Technician or paramedic is employed by you to provide such services; and (b) You are not engaged In The business or occupation of providing such service,,,,, (2) For the purpose of determining file linfilts at Insurance Tor Incidental medical malpractice, any act or omission together with all related acts or omissions In the furnishing of these services to any one person will be considered one "occurrence", 2. MEDICAL EXPENSES Insuring Agreement a. We will pay medical expenses as desoribed below for "bodily Injiay" caused by an accident: (1) On premises you own or rent; (2) On ways next to prernmes you own or rent; or (3) because of your operations; provided that: (1) The accident takes place in the "rovoraqo territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person SLIbAITS to examination, at our expense, by physicians of our choice as often is we Page 2 of 24 All, b, We will makq these payments regardless of fault. These payments will not exceed the applicable limit of Insurance. We will pay reasonable expenses for: (1) First aid Administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices: and (3j Necessary ambulance, hospital, professional nursing and funeral services. 3. COVERAGE EXTENSION - SUPPLEMENTARY PAYMENTS a. We will PAY, with respect to any claim or "suit"' we Investigate or settle, or any "suit„ Against an Insured we defend! (1) All expenses we incur, (2) Up to $1,000 for the cost of ball boos required because of arcidents or traffic law violations arising out of die use of any vehicle to which Business Liability Coverage for"bodily injury" applies, We do not have to furdsh these bonds, (3) The cost of appeal bonds or bonds to release attachments, but only tar hand announim within the npplicablo limit of Insurance, We do not have to furnish these bonds, (4) All reasonable expenses Incurred by the insured at our focloost to assist Lis in the Investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of flore off from work. (5) All costs farad against the insured in the "cult". (6) Prejudgment Interest awarded offatiot the insured on that part of the Judgment we pay. If we make An offer to pay the applicable limit of insurance, we will not pay any prejudgment Interest baser) on that period of tit -no after the offer. (7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in Court the part of the judgment that is within the applicable limit of insurance, Any amounts paid under (1) through (7) aboVe will not reduce the limits of insurance. Form $8 00 08 04 05 b. If we defend an Insured against a "suit" and an inclamnitee, at the Insured is also named as a party to the "Suit", We Will defend that inceinnitee If all of the following conditions are met; (1) The "suit" against the indernriftee seeks damages for which the Insured has 838LIMOCI the liability of the Inderinnitae, In a contract or agreement that Is an "insured contract"; (2) This insurance applies to such liability assumed by tho insuead; (3) The obligation to defend, or the cost of the defense of, the( indarrinitoe, has also been assumed by the Insured in the same "insured contract*; (4) The allegations In the "suit" and the Information we know, about the "occurrence" are such that no conflict appears to exist between the interests of the Insured and the interest of the indemnitea; (5) The Indeninitee and the Insured ask us to conduct and control the defense of that indemniteo against such "suit" and agree that we can assign the same counsel to defend the Insured and the indemniteo; and (6) The indemnifee: (a) Agrees in writing to (1) Cooperate with us in the Investigation, settlement or defense of the "suit"; (!I) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "sult"; (ill) Notify any other Insurot whose coverage Is available to the indoninitee; and (iv) Cooperate with us with respect to coordinating other applicable Insurance available to the Indemnitee; and (b) Provides us with written authorization to: (1) Obtain records and other information related to the "suit"; and (it) Conduct and dohc se of the A sub 'silt", Form SS 00 08 04 05 control the indemnitee in BUSINESS LIABILITY COVERAGE FORM So long as the above conditions are met, attorneys' fees incurred by us in the defense of that Indomriftea, necessary litigation expenses Incurred by us and necessary litigation expenses Incurred by the Indomrillee at out request will be paid as Supplementary Payments, Notwithstanding the provisions of Paragraph l.b.(b) of Section B. — Exclusions, such payments will not be deemed to be damages for"bodily injury" and "properly damage" and will not reduce the Limits of Insurance. Our obligation to defend an In$1Jrecf5 Inclemnitee and to Pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used up the app licable limit of lirsurtince In the payment of Judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met, Applicable To Business Liability Coverage This Insurance does hot apply to; a, Expootod Or Intondod Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the Insured, This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or properly; or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of Inflicting "personal and advertising injury". b. Contractual Liability (1) "Bodily Injury" or "property damage"; or (2) 'Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement, This exclusion does not apply to liability for damages because of; (a) "Bodily injury", "Property damage" or "personal and advertising injury" that the insured would have in Ilia absence of the contract or agreement; or Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (h) "Bodily Injury" Or 'property damage" (b) performing duties related to the assumed in a cortract or agroorriont conduct of the insured's business, or that is an "Insured contract', (2) The spouse, child, parent, brother or provided the "oodily injury" or sister of that "employee" as a ,property damage" Occurs consequence of (1) above. subsequent to the, execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in (1) Whether the insured may be liable as an "Insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses Incurred by or for (2) To any obligation to share damages a party other than an Insured are with or repay someone else who must doomed to be darnages because of pay clannagoo because of the injury. "bodily Injury" or "property damage' This exclusion (loss not apply to liability provided: ossurned by the Insured under in "Insured (I) Liability to such party for, or for Conti -act". the cost of, that patty's defense f, Pollution has also been assumed in the Sarre "Insured contract", and (1) "Bodily Injury", "property daritage" or "personal and advertising injury" (11) Such attorray%' foes and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense, of that party against a seepage, migration, release or escape civil or alternative dispute of "pollutants": resolution proceeding in Which damages to which this (a) At or from any promises, site or insurance applies are alleged. location which Is or was at any time owned or Occupied by, or a. LiquorLiabilityranted or loaned to any insured, "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held 11,91ble by not apply to: reason of: (1) "Bodily Injury' If sustained within (1) Causing or contributing to the a building and caused by Intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating train a person under the legal drinking age or equipment that Is used to hoot, under the influence of alcohol; or Coal or dehumidify the building„ (3) Any statute, ordinance or regulation I or equipment that s used tohoot water for personal use, by relating to the sale, gift, distribution or the building's occupants or their use of alcoholic beverages, guests; This exclusion applies ony if you are in the (if) "Bodily Injury, or "property business of manufacturing, distributing, damage" for which you may be selling, serving or furnishing alcoholic field liable, if you are a beverages, contractor and the owner or d. Workers' Compensation And Similar lessee of such promises, site or Laws location has been added to your Any obligation of the Insured under a policy as an additional Insured workers' compensation, disability benefits with respect to your ongoing Or UneroPlOYMOut compensation law or operations performed for that any similar law. additional Insured at that a. Employer's Liability premises, site or location and "Bodily injury' to, such promises, site or location (1) An "employee" of the insured arising Is not and never was owned or out of and in the course of., occupied by, or rented or loaned to, any insured, other (a) Employ, )ont by, tho finsurot or than that additional Insured; or Page 4 of 24 1'[�, I M Form SS 00 00 04 05 BUSINESS LIABILITY COVERAGE FORM (111) "Bodily injury" or "property released as part of the damage" arising out of heal, operations being performed smoke or fumes from a by such Insured, contractor or "hostile fire"; subcontractor; (b) At or from any premises, site or (11) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, furnes or disposal, processing or treatment vapors from materials brought of waste; into that building In connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor; or as waste by or fc r: (111) "Bodily Injury" or "property (I) Any insured; or damage" arising out of beat, smoke or fumes Prom a (11) Any person or organization for "hostile fire"; or whom you may be legally responsible; (a) At or from any premises, site or location an which any insured or any (d) At or from any promises, site or contractors or subcontractors location on which any Insured or working directly or Indirectly on any any contractors or subcontractors insureds behalf are perlbri-nifig working directly or indirectly an operations if the operations are to any Insured's behalf are test for, monitor, clean up, remove,, performing operations if the contain, treat, detoxify or neutralize, "pollutants" are brought on or to or In any way respond to, or assess the premises, Bite or location in the effects of, "pollutants". connection with such operations by such Insured, contractor or (2l Any loss, cost or expense arising out subcontractor, However, this of any: subparagraph does not apply to: (a) Request, demand, order or statutory (I) "Bodily hiju,y" or "property or regulatory requirement that any damage" arsing out of the Insured or others test for, monitor, escape of fuels, lubricants, or clean up, remove, contain, teat, other operating fluids which are detoxify or neutralize, or In any way needed, to perform the normal respond to, of assess the effects of, electrical, hydraulic or "pollutants"; or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its ports, damages because of lesurg for, If such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or In any way stare or receive them- This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" the( the insured or release of the fuels, would have In the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if Such fuels, regulatory requirement, or such claim lubricants or other operating or "SUIC by or on behalf of a fluids are brought on or to [tie governmental authority. premises, site or location with the intent that they be q; d/, dispersed at, Form SS 00 08 04 05 g11 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM U. Aircraft, Auto Or Watercraft (2) The use of "mobile equipment" In, or "Bodily Injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged piping, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use Includes 1. War operation and 'loading or unloading". "Bodily Injury", "property damage" or This exclusion applies even if the claims "personal and advertising Injury", however against any Insured allege negligence or caused, arising, directly or indirectly, out of: other wrongdoing in the supervision, hiring, (1) War, Including undeclared or civil war; employment, training or moriltorng of others by that insured, if the ""occurrence" which (2) Warlike action by a military force, caused the "bodily Injury" or "property Including action In hindering or damage" involved the ownership, defending against an actual or maintenance, use or (intrUSInnent to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any insured. (3) insurrection, rebellion, revolution, This exclusion does not apply to; usurped power, or action taken by governmental authority In hindering or (1) A watercraft while ashore on premises defending against any, of those, you own or rent; j. Professional Services 1 (2) A watercraft you do not own that is: "Bodily Injury", "property damage" or (a) Less than 51 feet long; and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure torondor for a charge; any profeaslonal service. This includes (3) Parking an "auto" at), or on the ways but Is not limited to: next to, promises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you at the Insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "Insured prepare or approve maps, snap contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily Injury" or "property damage" (3) Supervisory, Inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed In Paragraph Il (4) Medical, surgical, dental, x.ray or or f,(3) of the definition of "mobile nursing services treatment, advice or equipment!; or Instruction; (6) An aircraft that Is not owned by any (5) Any health or therapeutic service insured Find is hired, chartered or loaned treatment, advice or instruction; with a paid crew. However, this exception does riot apply If the Insured (61 Any service, treatment, advice or has any other Insurance for such "bodily instruction for the purpose of Injury" or "property darnago", whether appearance or skin enhancement, hair the other insurance h primary, excess, removal or replacement or personal contingent or on any Oiler basis. grooming K Mobile Equipment (7) Optical or hearing aid services Including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of "mobile eqUlPMer1V products or hearing aid devices; by an "auto" owned or operated by or rented or, loaned to arty"insured; or Page 6 of 24 0 �11 Farm SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (8) Optometry at opUrnetrir services Paragraphs (1), (3) and (4) of this Including but not limited to examination exclusion (to not apply to "property of Ore eyes and the prescrIbing, damage" (other then damage by fire.) to preparation, flitting,demonstration or Premises, Including the contents of such distribution of ophthalmic lenses and promises, rented to you for a period of 7 or similar products; fewer consecutive days, A separate Limit (9) Any: of Insurance applies to Damage To Promises Rented TO You as described In (R) Body piercing (not Including our Section D. - Limits Of Insurance, piercing); Paragraph (2) of this exclusion does not (b) Tattooing, Including but not limited apply If the promises are "your work" end to the insertion of pigments into or were never occupied, rented or held for under the Win; and rental by you, (u) Similar services; Paragraphs (3) and (4) of this exclusion do (10) Services In the practice of pharmacy; not apply to the use of elevartom. and Paragraphs (3), (4), (5) and (6) of Oils If 1) Computer consulting, design or exclusion do not apply to liability assumed programming services, Including web under a sidetrack agreement, site design, Paragraphs (3) and (4) of this exclusion do Paragraphs (4) and (5) of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations ate job site, Paragraph'i.e. In Section A. - Coverage,,;, Paragraph (6) of this exclusion does not k. Damage To Property apply to "property damage" Included In the "Property darnage" to: "products -completed operations hazard". (1) Property You own, rent or occupy, L Drainage To Your Product Including any costs or expenses "Property damage" to "your product" incurred by you, or any other person, arising out of It or any part of It. organization or entity, for repair, m. Damage To Your Work roplaoroment, enhancement, restoration or mainionance of such "Property damage" to "your work" arising property for any reason, inducing out of it or any part of It and Included in the prevention of injury to a person or "products -completed operations hazard". damage to another's property; This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out at which abandon, If the "property darrrage''arisas the damage arisen was perforryied on your out of any part of those Premises; botialf by a subcontractor, (3) Property loaned to you; n. Damage To Impaired Property Or (4) Personal property In the care, custody Property Not Physically Injured or control of the insured: "Property damage" to "Impaired property" or prop" that has not been physically (5) That particular pail of real property on injured, arising out of: which you or any contractors or .subcontractors working directly or (1) A defect, deficiency, inadequacy or Indirectly on your behalf are performing dangerous condition in "your product' operations, if the "property damage" or "your wont'"; or areas out of those oporations; or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because 'your work" was with its terms. incorrectly performed on It, This exclusion does not apply to the loss of use of other prop" arising out of sudden and accidental physical Injury to ,.your product" or "your work" after it has been put to its Intended use. Form 88 00 08 04 65 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or all insured whose business is: expense incurred by you or others for the (6) Advertising, broadcasting, lose Df use, withdrawal, recall, Inspection, publishing orielecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others: or (1) "Your product,": (c) An Internet search, access, (2) "Your work"; or content or service provider, (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn of recalled from the market or under the definition of "personal and from use by any il or organization advertising injury" In Section 0. — because of a known or suspected defect, Liability And Medical 5xponsas deficiency, Inadequacy or dangerous Definitions. condition In It. ror the purposes of this exclusion, is, Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising Injury": linking to others on your web site, by (1) Arising out of oral, written or electronic itself, is not considered the business publication of material, If done of advertising, broadcasting, by or at publishing or telecasting; the diroction of the insured with knowledge of its falsity; (9) Arising out of an electronic chat room (2) Arising out of oral, written or electronic or bulletin board the insured hosts,owns, or over which the insured publication of material whose first exercises control; publication took place before the beginning of the policy period; (10) Arising out of the unauthorized use of (3) Arising out of o orim1hol not committed Anothers name or product In your e-mail address, domain name or rnototags, or by or at the direction of the insured; any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use (11) Arising out of the violation of' a ,another's "advertising Idea" In your person's right of privacy created by "advertisornont"; any state or federal act, (6) Arising out of the failure of goods, Howovor, this exclusion dacha not products or services to conform with apply to liability for damages that the any statement of quality or Insured would have in the absence of performance made In your "advertisorl such state or federal act; (6) Arising out of the wrong description of (12) Arising out of: the price of goods, products orservices; (a) An "advertisement" for others an (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site, Content includes However, this exclusion does not information, code, sounds, text, apply to Infringement, in your graphics or Images: or "advertisement", of (d) Computer code, software or (a) Copyright, programming used to enable: (1b) Slogan, unless the slogan Is also (1) Your wobsite; or a trademark, trade name, service (11) The presentation or functionality mark, other designation of origin of an "advertisement!' or other orauth irlicity; or content on your web site; Page 8 of 24 1 114 m Form SS 00 00 04 65 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust lam reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened Injury value of any stocks, bonds or other or damage of any nature or kind to securities: or persons or property which would (16) Arising out of discrimination or not have occurred In whole or in part but for the "asbestos hazard";humiliation committed by or at the direction of any "executive officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the Insured. requirement that any insured or q. Electronlit Data others test for, monitor, clean tip, remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, Inability any way respond to or assess the to access, or Inability to manipulate effects of an 'asbestos hazard"'; or "electronic data", (c) Arise out of any claim or still for r. Employment-Rolated Practices damages because of testing for, "Bodily Injury" or "personal and advertising monitoring, cleaning up, ramoviN, Injury" to: encapsulating, containing, treating, (1) Aperson arising out atany: detoxifying or neutralizing or in any way responding to or osaossag the (a) Refusal to employ that parson� effects of an "ticbmtris hazard", (b) Termination of that person's t. Violation Of Statutes 'That Govern E. employment; or Mails, Fox, Phone Calls Or Other (o) Employment-mialed practices, Methods Of Sending Material Or policies, @(,is or emissions, such as Information coercion, demotion, evaluation, "Bodily Injury", "property damago", or reassignment, discipline, "personal and advertising injury" arising defamation, harassment, humiliation directly or Indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person; or violate: (2) The spouse, child, parent, brother or (i) The Telephone Consumer Protection sister of that peroon as a Act (TCPA), including any amendment consequence of "bodily injury" or of or addition to such law: "porsonal and advertising injury" to the (2) The CAN-SPAM Act of 2003, including person at whom any of the employment -related practices any amendment of or addition to such described in Paragraphs (a), (b), or (c) law; or above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SPAM AQt of 2003, that prohibits or limb the (1) Whether the insured may be liable as sending, fiensinkting, corninunicating or an employer or In any other capacity; distribution of material or Information. and Damage To Premises Rented To You — (2) To any obligation to share damages Exception For Damage By Fire., Lightning with or repay someone else who must or Explosion pay damages because of trio Injury. Exclusions a. through h. and k. through a. do a. Asbestos not apply to damage by fire, lightning or (1) "Bodily injury", "property damage" or explosion to promises ranted to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the "asbestos hazard", the owner. A separate Limit of Insurance (2) Any damages, judgmants, settlements, applies to this coverage as described in loss, ate a xpenses that: Section D. - Liability And Medical Expenses I-Ionts Of Insurance, Form SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVFRAOE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily Injury": a. Any Insured To any insured, except "volunteer workers", b. Hired Person To a person hired to do work for or an bohnIf of arty Insured or a tonant of any insured. c. Injury On Normally Occupied Promises To a person injured on that part of promises you own or rant that the person normally Ocouples. d. Workers' Compensation Arid Similar Laws To a person, whether or not an "employee" of any Insured, If benefits for the "bodily injury' are payable or norrat be provided Under a workers' componstation or disability benefits law or a similar low, tt. Athletics Activities To a person injured while practicing, Instructing or participating in any physical exercises or games, sports or athletic contests. I, Products -Completed Operations Hazard Included with the "products -completed operations hazard". 9, Ousiness Liability Exclusbris Excluded Linder Business Liability G*Overage, C. WHO IS AN INSURED 1, If you are designated in the Docharations as: a. An individual, YOU clad your SPOUSO are Insurads, but only with respect to the conduct of a business of which you are the sole owner. b, A partnership or joint venture, you ore an insured, YQLAr members, your partners, and their spouses are also Insureds, but only with mspectto the conduct of your business. c. A limited liability company, you are an insured, Your member,, are also Insureds, but only with respect to the conduct of your business. Your managers are Insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are art Insured, Your'"executive officers" and directors are Insureds, but only with respect to their duties as your officers or directors. Your stockholders are also Insureds, but only with arispe I to In liability as stockholders. I page U of AIL q Ijjjj I�,J a. A trust, YOU are an insured. Your trustees are also Insureds, but only with respect to their duties as trustees. 2. Each of the following Is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "eiriplayees", other than other your 'executive officers" (it you are on organization other than a partnership, joint ventufro or limited liability COMPOrry) Or Your managers (if YOU are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct Of YQUI'13081nas, I-lowever, none of these "employees" or "volunteer workers" are Insuracisfor: (1) "Bodily injury" or "personal and advertising Injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co -"employee" while in the course of his or her employment or performing duties telaterl to the conduct of youi business, or to your other ,voluntoor workers" while performing duties related to the Conduct Of your business; (b) To the spouse, child, parent, brother or sister of that co- ""employee" or that "volunteer worker" as a consequence of Paragraph (1)(i) above; (c) For which there is any ohligatlori to share damages with or repay oorneorro also who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or foiling to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services, (2) "Property darnage" to property: (a) Owned, occupied or used by, rorat SS 00 08 04 05 (b) Rented to, In the care, custody or control of, or over which physical control Is being exercised for any purpose by you, any of your "omployeas", 'volunteer workers", any partner or trembor (if you are a partnership or joint venture), or any member (if you are a limited liability company). le, Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c, Temporary Custodians Of Your Property Any person or organizaton having proper temporary custody of your property It you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed, & Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such, That representative will have all your rights and duties under this Insurance. a, Unnamed Subsidiary Any subsidiary and Subsidiary thereof, of yours which is a legally Incorporated entity of when you own a financial Interest of more than 50% of the voting stock on the effective date or this Coverage Part, The Insurance affordec herein for any subsidiary not shown in the Declarations as a named insured does not apply to Injury or damage with respect to which an insured under this insurance 16 also an Insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of Its limits of insurance, 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial Interest of more than 50% of the voting stock, will qualify as a Named Insured If there Is no other shrillar Insurance available to that organization. However: 8, coverage under this provision Is afforded only until the 180th day after you acquire or form the or n or the and of the policy period, r a oarlfar; and Form 88 00 06 all 05 1[Jq BUSINESS LIABILITY COVERAGE FORM le. Coverage under this provision does not apply to: (11) "Bodily Injury" or "property damage" that occurred; or (2) "Personal and advertising Injury" arising out of on offense committed before you acquired or formed the organization, 4. Operator Of Mobile Equipment With respect to 'Triabile equipment' rugistered in your name under any motor vehicle registration law, any portion Is an Insured while driving Such equipment along a public highway with your permission, Any other person or organization responsible for the conduct of such person Is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other Insurance of any kind is available to that person or organization for this liability, However, no person or organization Is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment: or In, "Property damage" to property owned by, ranted to, In the charge of or occupied by you or the employer of any. Parrott who is an insured under this provision. 6. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 fact long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with Your permission. Any other person or organization responsible for the conduct of su ch person Is also an Insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other Insurance of any kind is avel able to that person or organization for this liability. However, no person or organization Is an Insured with respect to: a, "Bodily Injury" to a co-"emplpyea" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any poison who is an insured under this provision, 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The porson(s) or organization(s) identified in Paragraphs a, through It. below are additional insureds when you have agreed, in a written Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit 10 SL I o d by a state or political inspections, adjustments, tests or subdivislon, that such person or organization servicing as the vendor has be added as an additional Insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, In connection agreement, or the Issuance of the permit. with the distribution or sale of the A person or organization Is an additional products; insured under this provision only for that (1) Mmonstietion, Installation, period of time required by the contract, servicing or repair operations, agreement or permit, except such operations performed However, no such person or organization Is an at the vendor's premises in connection with the solo of the additional Insured under this provision if such product; person or organization is Included as art additional Insured by art endorsement issued (9) Products which, after dishibutlon by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as 8 as additional insurodS Linder the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages, the vendor; or a. Vendors (h) "Bodily njury" or "property Any person(s) or ordamage" arising Out of the polo below(referred to negligence or the vendor for Its below as vendor), but only with respect to own acts or emissions are of "bodily Injury" or "property damage" arising Its employees or anyone also out of "your products" which are distributed acting on Its behalf. However, this or sold In the regular course of the vendor's exclurtion does not apply to: business and only if this Coverage Part provides coverage for "bodily 111JUryo or (1) The OXCUPtIOLLS contained in "property damage" Included within the subparagraphs (d) or(f); or "products -completed operations hazard". (11) Such Inspections, adjustments, (1) The Insurance afforded to the vendor tests or servicing as the vendor Is subject to the following additional ties agreed to make or normally exclusions. Undertakes to make In the usual This Insurance does not apply to: Course of business, in connect(on with the distribution (a) "Bodily injury" or "property Ursula of the ploclucts. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom You have acquired suoh products, liability In a contract or agreement, or any Ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the cot itaining such products. vendor would have in the absence of the contract or agreement; In. Lassoes Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom You lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" at' in the product riade intentionally 'personal and advertising Injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when malntarmnoe, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, paigonor organization. or the substitution of parts Linder instructions from the manufacturer, and than repackaged in the origin net; Page 12 of 24 diner; � 11� Farm SS00080405 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded a. Permits Issued By State Or Political to those additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment, performed by you or on your behalf for c. Lessors Of Land Or Promises which the state or political subdivision (1) Any person or organization from has issued a permit, whom you lease land or premises, but (2) With respect to the Insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership,, maintenance or use Insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the Insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or Insurance does not -apply to: municipality; a], (,a) Any "occurrence" which takes (b) "Bodily, injury" or "property damage" place after you cease to lease that included within the "products - land or be a tenant In that completed operations hazard". promises; or f. Any Other Party (h) Structural alterations, now (1) Any other person or organization who construction or demolition is not an insured under Paragraphs P. operations performed by or on through a, above, but only with behalf of such person or respect to liability for "bodily injury', organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting Injury", "property damage" or "personal onypur behalf: and advertising Injury' caused, in whole (a) In the performance of your cr In part, by your ads or omissions or ongoing of the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your prernises; (C) In connection with "your wark" and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (1) The written contract or written (2) With respoot to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional Insured; and This insurance does not apply to (11) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily Injury" or "personal arid advertising Injury" "property damage" included arising out of the rendering or or the within the "*oducts- follure to render any professional completed operations hazard", services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional Insureds, this failure to prepare or approve, Insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising Injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying archftec oral or engineering services, including; activille Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to proper(, or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and sipeclficatlons; or explosion. (b) Supervisory, inspection, 3, Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities, applies, the meet we will pay for the sum of all The limits of Insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "properly damage" and medical expenses Of Insurance. arising out of any one "Occurrence" Is the How this Insurance applies when other Liability and Medical Expenses Limit shown In insurance is available to an additional insured the Declarations. Is described In the Other Insurance Condition The most we will pay for all medical expenses In Section E. — Liability And Monfical Expenses because of "bodily injury" sustained by any General Conditions, one person is the Medical Expenses Limit No person or orgonl2atlovi Is an Insured with shown in the Declarations, respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is riot shown as a Narned Insured in the sum of all damages because of all the Declarations. "personal one] advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization Is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown In the Declarations. 1. The Most We Will Pay 5, Damage To Premises Rented To You Limit The Limits of Insurance shown in the Declarations and the runts below fix tho moM The Carnage To Premises Rented To You we will pay regardless of the number of, Limit Is the Most We Will pay Under Business Liability Coverage for damages becauso• of a. Insureds; "property damage" to any one premises, while b. Claims rriadoor"SUIW'bmughtPor rented to you, or in the ease of damage by fire., a. Persons oroigaolzritlonbmaking dalmsor lightning or explosion, while rented to, you or bringing "suits", temporarily occupied by you with permission of 2. Aggrogato Limits the owner, The most we will pay for: In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Unfit applies to all damage proximately "property damage" included In the caused by the same avant, whether such "products -completed operations hazard" is damage results from fire, lightning or explosion the Products -Completed Operations orany combination of those, Aggregate Limit shown in the Declarations. 6. How Limits Apply To Additional Insureds b. Damages because of all other "bodily The most we will pay on behalf of a person or Injury", "property damage" or "personal organization who Is on additional Insured and advertising injury", including medical under this Coverage Pan Is the lesser of., expenses, Is the General Aggregate Limit a. The limits of Insurance specified In a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political soparatoly to each of your "locations" solodivislon; or owned by or rented to yoj. lo. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or promises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, rok r right-oey of a the Declarations and deiziorflbod in this Section. railroad. qf-w Page 14 of 24 tl (1, Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance Under this (1) Immediately send us copies of any policy and any endorsements atrachod thereto demands, notices, summonses or applies to any claim or 'suft', the most we will pay legal papers received In connection under this policy and the endorsements is the with the claim or euV; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such olain) or "gul:". However, this other Information: paragraph does not apply to the lAodiral Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3, above, settlement of the claim or defense The Limits of Insurance of Oils Coverage Part apply against the "stilt"; and separately to each consecutive annual period and to (4) Assist Lis, upon our request, In the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization chat may be Declarations, unless the policy period is extended liable to the Insured because of Injury after Issuance for an additional period of less then 12 or damage to which this Insurance months. In that case, the additional period will be may also apply, deemed part of the last preceding period for purposes of determining the Limits of Insurance, it. Obligations At The Insured's Own Cost ELIABILITY AND MEDICAL EXPENSES Na insured will, except at that Insured's own cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or Incur any expense, other IL Bankruptcy than for first aid, WithOW Our consent, Bankruptcy or Insolvency of the Insured or of a. Additional Insured's Other Insurance the Insured's estate will riot relieve us of our If we cover a claim or "suit" under this obligations Under this Coverage Fail, Coverage Part that may also be covered Z Dutles In The Event Of Occurrence, by Other Insurance available to an Offense, Claim Or Suit additional insured, such additional insured U. Notice Of Occurrence Or Offense must submit such claim at, "sult" to the You or any additional Insured must see to other insurer for defense and Indemnity, It that we are notified as soon as However, this provision done not apply to practicable of art "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should Include: perruff that this Insurance Is primary and non-contributory with the additional (1) Now, when and whers the "occurrence" Insured's own insurance. or offense took place; I. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or suit injured persons and witnesses; and Paragraphs a, and ti. apply to you or to (3) -rho nature and location of any ini any additional insured only when such or damage arising out of the "occurrence", offense, claim or "Suit. is "occurrence" or offense. known to: In. Notice Of Claim (11) You or any additional insured that is If a claim Is made or "suit" is brought an individual: against any Insured, YOU or any additional (2) Any partner, if you or an additional Insured must: Insured Is a partnership; (1) Immediately record the specifies of the (3) Any manager, If you or an additional clalro or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or Insurance (2) Notify us as socin as practicable, manager, If you or an additional You or any additional insured must see to Insured Is a corporation; it that we receive a wrNen notice of the (5) Any trustee, If you or an additional claim or "suit" as soon as practicable, Insured Is a trust: or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional Insured Is a political YOU and any tithe "evolved insured must subdivision or public entity. Form SS 00 08 04 05 �� I it Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies saparotaly to you and any additional insured, 3, Financial Responsibility Laws a. When this policy is ceriffied as proof of financial responsibility for tile future under the provisions of any motor vehicle financial responsibility law, the Insurance provided by the padcy for "bodily Injury" liability and "property damage" liability will comply with the provisions of the low to the extent of the coverage and limits of Insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, undernsured motorists, no-fault at other coverage required by any motor vehicle low. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Foam il. TO join us as a party or otherwise bring us into a "suit" asking for damages from an Insured; or le. To sue us on this Coverage Form unless all of its terms have been fully compiled with. A person or organization may sue us to recover on an agreed settlement or w A final judgment against an insured; but we Wit not be liable for damages that are not payable Linder the terins of this insurance or that are in excess of the applicable limit of Insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5, Separation Of Insumcis Except with respect to the Limits Of Insurance, and any rights or duties specifically assigned In this policy to the first Named Insured, this, insurance applies: a, As if each Named Insured were the only Named Insured: and b, Separately to each insured against whom a claim is made or ",quit" is brought, 6, Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements In the Declarations are accurate and complete: (2) Those statements aro based upon rQprosentatlons you inisdo to us; and Page 16 of 24 (3) We have issued this policy in reliance upon your reprosontationG. Is. UnIntentlonai Failure To Disclose Hazards If unintentionally you should fall to disclose all hazards relating to the conduct of your business, at the Inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure, 7, Other Insurance If other valid and collectible Insurance is awillable for a loss We cover under this Coverage Part, our obligations are limited as follows: a, Primary Insurance This Insurance Is primary except when b. below applies. If Other Insurance is also primary, we will share with all thall,olther Insurance by the method described In c. below. b. Excess Insurance This insurance is excess over any of the other Insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or, similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion Insurance for premises rented to you or temporarily occupied by you with permission of the Owner; (3) Tenant Liability That is insurance Purchased by you to rover your liability as a tenant for "ldroperty, damage" to promises rented to you or tomporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, 'autos" or watercraft to the extent not 6utijoct to Exclusion 9. of Section A. — Coverages, (6) Properly Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Form SS 00 06 04 05 (6) When You Are Added As An Additional insured To other Insurance That is other insurance available to you covering liability for damages arising out of the premises or uporations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add others As An Additional Insured To This Insurance That is other insurance available to an additional insured, However, the following provisions apply to, other Insurance, available to any person or organization who Is an additional insured under this Coverage Part; (a) Primary insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this Insurance be primary. If other irrema'nca is also primary, we will share with all that other insurance by the method described in c. below, (b) Primary And Nan -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this Insurance Is primary and non-contributory with the additional Insured's own insurance, this insurance is primary and ws will not seek contribution from that other insurance, Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been Added as an Additional Insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit'. Ir no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other Insurers. Form SS 00 08 04 05 IkIll BUSINESS LIABILITY COVERAGE FORM WhLn this insurance is excess over other insurance, we will pay only our share of the amount of the loss, If any, that exceeds the sum of: (t) -the total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible end self - insured amounts under all that other Insurance, We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also, Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of Insurance or none of the loss, remains, whichever cornos first. If any of the other insurance does not permit oontribution by equal shares, we- lyill contribute by limits. Under this method, each Insurer's share is based on the ialio of: its applicable limit of insurance to tine total applicablo limits of insurance of all insurers: 8. Transfer Of Rights Of Recovery Against Others To us a. Transfer of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage part, those rights are transferred to us, The Insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help on enforce there. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of arty payment, Including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the Insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F, OPTIONAL At INSURED COVERAGES It listed or shown as applicable In the Declarations, one or more of the following Optional Additional Insured Coverages also apply, When any of these Optional Additional Insured Coverages apply, Paragraph 6, (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C,, Who Is An Insured, does not apply to file person or organization shown in the Declarations, These coverages are subject to the forms and conditions applicable to Business Liability Coverage In this policy, except as provided below: 1. Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. Is amended to include as an additional Insured the person(s) or orgarrization(s) shown In the Declarations, fail only with respect to liability for "bodly Irdury9, "Proplarly damage" or "Personal and advertising Injury" caused, in whole at in part, by your static or arnissions or the sets or aralsidons of thwo acting on your hareW a, In the performance of your ongoing operations; or b. In connection with your P1,91olses owned by or rented to you. 2, Additional Insured - Managers Or Lessors Of Promises a, WHO 19 AN INSURED under Section C. Is amorded to Include as an additional Insured the parson(s) or orgranizaricarre) shown in the Declarations as an Additional Insured - Designated Person Or Organization: but only with respect to liability firlsing out of the ownership, rnainterrancis or use of that part of the promises leased to you rtnd shown In the Declarations. b. With respect to the Insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply tar (1) Any "occurrence"` which takes place after you cease to be a tenant In that promises; or (2) Structural alterations, flew construction or demolition operations performed by or on behalf of such porwri or organization, Page18 of 24 3. Additional Insured -Grantor Of Franchise WHO IS AN INSURED under Section C, Is amended to Include as an additional Insured tire person(s) or organizallon(s) shown in the Dfiiclsrsbonc as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor offrarrichiso to you, tL Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C, is amended to include as an additional insured the peroon(s) or organi;zatlon(s) shown In the Declarations, as an Additional Insured — Lessor of Leased Equipment, but only with respect to liability for "bodily injury'", "property damage" of "personal and advertising injury' caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by .such person(s) or organization(is). b. With respect to the Insurance afforded to these additional insureds, this insurance does not apply to any "occurnarrcb" which takes place after you cause to lease that equipment. S. Additional Insured • Owners Or Other Interests From Whom Land Has Boon LANIS08 a, WHO 113 AN INSURED under Section C. is enhanced to include as an additional Insured the parochial or organizatlon(s) shown in the Declarations as an Additional Insured — Owners Or Other lnterofft6 Froin Whom Land ties Soon Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of Ulu land leased to you and shown in the Declarations. It. With respect to the Insurance afforded In these additional insureds, the following additional exclusions apply: This insurance does not apply to; (1) Any "accurrenco" that takes place after you onase, to lease that hrncl, or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such parson of organization, 6, Additional Insured - State Or Political Subdivision — Permits WHO IS AN INSURED under Section C, is amended to include on an additional Insured the state or political subdivision shown in the Declarations as an Additional Form SS 00 08 04 05 Insured — State Or Political Subdivision - Permits, but only with respect to operaffors performed by you or on your behalf for which the state or political subdivision has issued a permit. b. With respect to the Insurance afforded to these additional lnSUMOS, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily Injury", "property damage" or "personal and advertising injury" arising out of operations performed for tile state Or municipality; or (2) "Bodily injury" or "property damage" included In the "product -completed operations" hazard. 7, Additional Insured —Vendors a. WHO IS AN INSURED under Section C. is amended to Include as an additional insured the perennial or organization(s) (referred to below as Vardar) shown In the Declarations as an Additional Insured - Vendor, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold In the regular course of the vendor's business and only if this Coverage Part toovides euvenage for "bodily Injury" vi "property damage" Included within the "products -completed operations hazard", b. The insurance afforded to the vendor is subject to the following additional exclusions: (1) This Insurance does not apply to (a) "Bodily injury" or "property damage" for whlrh the vendor Is obligated to pay damages by reason of the asgLanpfiOn Of liability In a contract or agreement. This oxcluslon does not apply to liability for damages i the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of Paris under instructions from the manufacturer, and then repackaged in the original container; Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (a) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to rnako or normally undertakes to make in I usual course of business, In connection with the distribution or sale of the products; if) Demonstration, Installation, servicing or repair operations, except such Operations performed at the vendor's promises In connection with the sole of the product; (g) Products which; after distribution or sale by you, have been labeled or relabeled or (tied as a container, port or Ingredient of any other thing or ikilastarae by or for the vendor; or (h) "Bodily injury' or "property damage" arising Out Of the Sole negligence of the Vendor for its own acts or omissions or those of Its employees or anyone else acting on its behalf. However, this exclusion does,, not apply to: (I) 'rho exceptions contained in Subparagraphs (d) or (f); or (I!) Such Inspections, adjustrinorils, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products, (2) Thl,,, Insurance does not apply to any Insured person or organization from whom you have acquired such products, or any Ingredient, port or Container, collaring Into, accompanying or containing such products. 8, Additional insured —Controlling Interest WHO IS AN INSURED under Section C. is amended to irroludo as an additional Insured the personts) or organization(g) shown in the Declarations as an Additional Insured — Controlling Interest, but only with respect to their liability arising out of-. a. Their financial control of you; or b. Premises they own, maintain or control While You lease or Occupy these promises. Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 9, Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization a, WHO IS AN INSURED under Section C. is amended to include as all additional insured the person(s) or organizallon(s) shown In the Declarations as an Additional Insured — Owner. Lessees Or Contractors, but only with respect to liability for 'bodily Injury", "property damage" or 'personal and advertising injury" caused, in whole or in part, by your acts or orniselons or the acts or Omissions of those acting oil your behalf: (1) In the performance of your ongoing operations for I additional Insured(s); or (2) In connection wilh "your work" performed for that additional insured end Included within the "products - completed operations hazard", but only 11 this Coverage Part provides coverage for "bodily Injury" or "property damage" included within the "products-cornploted operations hazard". In. With respect to the insurance afforded to these additional insureds, this Insurance duos not apply to "bodity Injury", "property darnago' or "personal an advertising Injury" arising out Of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, Including: (1) The preparing, approving, or failure to Prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and speclficldlons; or (2) Supervisory, inspection, architectural or engineering activities. ID. Additional Insured — Co-Ownor Of Insured Premises WHO IS AN INSURED under Section C. is amended to include as an additional Insured the person(s) or Organi7atlon(s) shown In the Declarations as an Additional Insured -- On - Owner Of Insured Premises, but only with respect to their liability as co-owner of the promises shown in the Declamirions. Page 20 of 24 The limits of insurance that apply to additional insureds are described in Section D, — Limits Of Insurance., How this insurance applies whon other insurance 16 available to an additional Insured is described In the Other Insurance Condition In Section E. — Liability And Medical Expenses General Conditions. G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS I "Advertisement" means the widespread public dissemination of information or images that her, the purpose Of Inducing the sale of goods, product,; or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; ln: The Internet, but only that part of a web site that is about goods, products or services for the purposes of Inducing the rude Of goods, products OrSOMI)e% or a. Any Other publication that is given widespread public distribution. However, "advertisement' does riot lnclude„ a. The design, printed material, Information or images contained in, on or upon the packaging or labelling of any goods or products; or in, An Interactive conversation between or among persons through a computer network, 2. "Advertising idea" means any idea for all ",advertisement". 1 "Asbestos hazard" means an OXPOSUna or threat of exposure to the actual or alleged properties of asbestos and includes the more presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semi -trailer designed for travel on public roads, Including any attached machinery or equipment. But "auto' does not include "mobile equipment". S. "Bodily Injury" means phy8loal, a. Injury; b, Sickness; at c. Disease sustained by a person and, If arising out of the above, mental anguish ordenth at any time. 6. "Coverage territory" means: 17/��, Form SS 00 06 04 05 a. The United States of America (Including its territories and Possessions), Puerto Rico and Canada; b. International waters or airspace, but only If the injury or damage occurs in the course of travel or transportation between any places included in a. above; c, All other ports of the world If the Injury or damage arises out of,. (1) Goods or products made or sold by you in the territory described In a. above; (2) The activities of a person whose home is In the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising Injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (Including Its territories and possessions), Puerto Rico or Canada, in is "suit" an the merits according to the substantive law In such territory, or in a settlement we. agree to. 7. "Electronic date" means Information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from computer software, Including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with eloutronically controlled equipment, S. "Employepr includes a 'leased worker". "Ernployeen do" riot include a "temporary worker", 9. "Executive officer" means a person holding any of the, officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out bom where It was intended to be. 11. "Impaired property" means tangible property, other than nyour product' or "your work", that cannot be used or Is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, Inadequate or dangerous; or BUSINESS LIABILITY COVERAGE FORM It. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: A. The repair, replacement, adjustment or removal of "your product'" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of promises. However, that portion of the contract fora lease of preniltas that Indemnities any person or organization for damage by fire, lightning or explosion to promises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described In Section D. — Liability end Medical Expenses Limits of Insurance, In. A sidetrack agroorneot; c. Any easement or license agreement, Including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; cl. Any obligation. as required by ordinance, to indemnify a municipality, except in connection with workfor a municipality; a. An elevator maintenance agreement; or I. That port of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" Is caused, in whole or In part, by you or by those acting on your behalf, Tort liability means I liability that would be Imposed by law in the absence of any contract or agreement, Paragraph 1. Includes that part of any contract or agreement that indemnifies a railroad for "bodily Injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: Form ss 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That Indemnifies an architect, engineer Or Surveyor for injury or carnage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or Instructions, or failing to give them, if that is the primary cause of the Injury or damage; or (2) Under which the Insured, if art architect, engineer or surveyor, assumes liability for an Injury or damage arising out of the insured's rendering or fallire, to render professional services, Including those listed In (1) above and supervisory, Inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business, "Leased worker" does not include -a "temporary worker", 14. "Loading or unloading" means the handling of property; a, After it Is moved from the place where It Is accepted for movement into or onto an aircraft, watercraffor "auto"; le, While it is in or on an aircraft, watercraft or "auto"; or a. While It Is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "'loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached In [tie aircraft, writeroraft or "auto". I 'Mobile equipment" means any of the following types of fund vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; lb. Vehicles maintained for use solely on or next to premises YOU own or rent; c. Vehicles that travel on crawler treads; cl. Vahloles, whether self-propelled or not, on which are permanently mounted: Page 22 of 24 (1) Power cranes, shovels, leaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; a. Vehicles not described in a., le., c., or d. above that are not self-propelled and are maintained primarily to provide mobility In permanently attached equipment Of the Following types: (1) Air compressors, pumps and generators, Including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment, or (2) Cherry pickers and similar devices used to raise or lower workers: f. Vehicles not described In a., lf., a., or tll, above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles With the following types of permanently attached equipment are not "mobile equipment' but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street olorming; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, Pumps Rod gonomfors, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions, 17. "Personal and advertising injury" means injury, Including consequential "bodily Injury", arising out of one or more of the following offenses: a. False arrest, detention or Imprisonment; le, Nallanive prosecution; � q4 Form -58 00 08 0405 c. The wrongful eviction from, wrongful entry Into, or Invasion of the right of private Occupancy of a roorn, dwelling or premises that the person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or Organization or disparages a person's or organization's goods, products or services; a. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a persons or organization"s "advertising idea" or style of "advertisement"; g. Infringement of copyright, slogan, or title Of any literary or artistic work; in your "advertisement"; or h. Discrimination or humiliation that results in injury to the feelings or reputation Of a natural person. 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contarr int, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products-corpleted operations hazard";; a. Includes ell "bodily injury" and "property damage" occurring away frorn premises you own or rent and arising Out Of "Your product" or "your work" except: (1) products that are still in your physical Possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to: be completed at the earliest of the following times: (a) When all of the work called for In your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Form SS 00 08 04 05 91,15INESS LIABILITY COVERAGE FORM Work that may need service, maintenance, correction, repair or mplaoement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the walling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "property damage" arising out of; (1) The transportation of property, unless the injury or damage areas, out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools; unlostailed equipment or abandoned or unused materials. 20. "Property damage" means: a. Physical injury to tangible. property,, Including all resulting loss of use of that property. All such lass of use shall he deemed to occur at the time of the Physical injury that caused it; or Is. Loss of use of tangible property that is not physically injured. All such loss of use shall be doomed to occur at time of "occurrence" that caused it. As used in this definition, "electronic data" is not tangible property; 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" Includes: a. An arbitration proceeding In which such damages are claimed and to which the insured must submit or does, submit with our consent; or 1), Any other alternative dispute resolution proceeding In which such damages are claimed and to which the insured submits with our consont. 22. "Ternporory worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not your "employes': Page 23 of 24 BUSINESS LIABILITY COVERAOE FORM b. Donates his or her work; (2) The providing of or failure to provide a. Acts at the direction of and within the warnings or instructions, Scope Of duties determined by you; and a. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work": 24. "Your product": a. Means: a. Means; (1) Work or operations performed by you (1) Any goods or products, other than roll or on your behalf; and property, manufactured, sold, handled, (2) Materials, parts or equipment distributed or disposed of by: furnished In connection with such work (a) You; or Operations, (b) Others trading under your name; b, Includes; or (1) Warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired; and of "your work"; and (2) Containers (other than vehicles), (2) The providing of or failure, to provide materials, parts or equipment warnings or instructions, furnished In connection with such goods or products. K Includes: (1) Warranties orroPrerantationsmade at any time with respect to the fitness, quality, durability, performance or use of "your product"; and Page 24 of 24 1/2 N Form SS 00 08 04 05 Policy Number: 57,9BAAZ1.255 x THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, This endorsement niodifles insurance provided under the following: WEMZ��w� A. Section Q. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE is amended as follows: 1, The General Aggregate Unit under Section D. LIABILITY AND MEDICAL EXPENSES LIMIT OF INSURANCE applies separately to each of your "projects", 2. The limits shown in the Declarations for Liability and Medical Expenses, Carnage To Promises Rented To You and Medical Expenses continue to apply. 3. When coverage for liability arising out of the "products -completed operations hazard" Is provided, any payments for damages because of "bodily injury" or"property damage" included in the "products -completed operations hazard" will reduce the Products-Comploted Operations Aggregate Limit, and not reduce the General Aggregate Unit, Form SS 04 33 04 05 4. If the applicable "project" has been abandoned, delayed, or abandoned and then restarted, or If the authorized contracting parties deviate from plans, blueprints, designs, specliNrollons or timetables, the "project" will still bedeemod to be the same "project". 5. The provisions of Section D. LIABILITY AND MEDICAL EXPENSES LIMIT OF INSURANCE riot otherwise modiflad by this endorsement shall continue to apply as stipulated, B. Additional Definitions The following definition Is added to Sectloin G. LIABILITY AND MEDICAL EXPENSES DEFINITION$! 1. "Project" means "your work" at location(s) away from promises owned or ranted to you. 0 2005, The Hartford Page I of I This endorsement modifies inijwronco provided under the following: COMMON POLICY CONDITIONS SPECIAL PROPERTY COVERAGE FORM STANDARD PROPERTY COVERAGE FORM BUSINESS LIABILITY COVERAGE FORM EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following: 2. At Policies In Effectfor 60 Days Or Less: If this policy has been in effect for 60 days or less, and 15 not a renewal of a polloy we hove previously issued, we may cancel this policy by meting or delivering to the first Named Insured at the mailing address shown in the Policy and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, al, least: A. 10 days Were tho effective data of cancellation If we cancel ror� (1) Nonpayment of premium; or, (2) Discovery of fraud or material misrepresentation by. (a) Any insured or his or her representative In obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy, le, 30 days before the effective date of obncellation if we cancel for any other reason, 1 All Policies in Effect For More Than 60 Days a. If this policy has been In effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the Policy, of one or more of the following, or as permitted under applicable California law: (1) Nonpayment of premium, including payment due on a prior policy we !squad ,and due during the current policy term covering the same risks, (2) Discovery of fraud or material misrepresentation by. (a) Any insured or his or her representative In obtaining this Insurance; or Form SS 01 21 03 17 F1 (b) You or your representative In pursuing a claim under this pollcy: (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal, law, having as one of its noce,"ary elements an act which materially increases any of the risks insured against, (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materiolly Inceeasd any of the risks insured against. (5) Failure by you or your representative to Implement reasonable load control requIrements, agreed to by you as a condition of policy issuaricaj or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks Insured against (6) A determination bythe Corrimissloner of Insurance that tho: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial Integrity or solvency; or (b) Continuation of the policy coverage would; I. Place us in violation or California law or the laws of the state where we are domiciled; or iL Threaten our solvency. (7) A change by you or your representative In the activities or property of the commercial or industrial enterprise, which results in a materially added, Increased or charged risk, unless the 02017, The Hartford`7/7�7��j Page 1 of 4 added, Increased or changod risk is Included in the policy, L Place us in violation of California law or the lows of the state where we are dofrilclled; or 1L Threaten our solvency. (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results In a materially added, increased or changed risk, unions the added, Increased or changed risk is Included in the policy, I We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Norned Insured, at the malling address shown in the policy, and to the producer of record, at Idea (1) 10 days before the effective date of cancellation If we sanest for nonpayment of premium or discovery of fraud, or (2) 30 days before the effective data of cancellation if we cancel for any other reason listed In paragraph 3.a. M The following provisions Is added to the Cancellation Common Policy Condition; 7. Residential Property This provision Applies to coverage on real property which Is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage an torrents' household personal property in a residential unit. If such coverage is written under this policy; a, If such coverage has been in effect for Fa days or less, and is not a renewal of covomfin we previously Issued, we may cancel this coverage for any reason, except as provided in b, and a, below. Is, We iday riot cancel solely because the first Named insured has: (1) Accepted or) after of earthquake coverag% or (2) Cancelled or did not renew a policy issued by the CnIffornts Earthquake Authority (CEA) that included and earthquake policy premium surcharge. However, we shelf cancel this policy it the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but falls to pay the earthquake policy preriflurn surcharge authorized by the CEA. Page 2 of 4 c. We may not cancel Such coverage solely because corrosive soil conditions exist on the premises. This restriction Jo.) applies only if coverage under tho Special Property Coverage Form, which excludes loss or damage Caused by or resulting from corrosive soil conditions. C, The following is added and SUP01s0d0$ any provisions to the contrary: NONRENEWAL C Subject to the provisions of paragraphs C,2. and C,3. below, if we elect not to renew this policy, we will mail or deliver written notice stating the reason for nomenewol to the first Named Insured shown in the Declarations and to the producer of record, at least 60 days but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to Via first Named Insured, and to the producer of record, at the trialling address shown In the policy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwr,,Illnq units, and to coverage, on tenants' household property contained In a residential unit, if such coverage is written Linder this policy. a. We may elect not to renew such coverage for any reason, except as provided in b., c. and d, below: b. We will not refuse to fanow such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However, the following applies only to insurers who are associated participating insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Narned Insured has accepted an offer of earthquake coverage, If one or more of the following reasons, applies: (1) The noruenewal is based on Sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as mquIred by existing low; (2) The Commissioner of Insurance fines that the exposure to potential losses Wit threaten Our solvency or place us in a hazardous condition. A hazardous condition in which we make claims payments for losses resulting from an earthquake that occurred within the Form $8 01 21 03 17 preceding two years and that required a reduction In policyholder surplus of at least 25% for payment of those claims; of (2) 'rho Commissioner of Insurance finds that trio exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition in which we malts claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required q reduction In policyholder surplus of at least 25% for payment of those claims; or (3) We have: (a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b) Experienced a substantlal increase In the premium charged for reinsurance coverage of' our residential property Insurance policies; and the Commissioner has approved a plan for the nonrenowals that is fair and equitable, and that is responsive to the changes In our reinsurance position. (o) We will not rofo4o to rent,.w such coverage solely because the first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority that included an earthquake policy premium surcharge, (d) We will not refuse to• ronew such coverage solely because corrosive sail conditions exist on the premises. This restriction (d) applies only It Coverage 18 Subject to the Special Property Coverage Form, which excludes loss or damage caused by or resulting from corrosive soil conditions. 3. We are not required to send notice of rionrenewal in the following situations: a. If the transfer or renewal of a policy, without any changes In terms, conditions, or rates, is between us and a member of our Insurance group. b, If the policy has been oNtended for 90 days or less, provided that notice has been given in accordance with paragraph C.I. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. a. If the first Named Insured requests a change In the terms or conditions or risk's covered by the policy within 60 days of the end of the policy period. f. If We have made a written offer to the first Named Insured, In accordance with the time frames shown In paragraph 0.1., to renew the policy under changod terms or conditions or at an increased premium rate, when the increase exceeds 25%. If there is an appraisal, we will still retain our right to deny the claim, D. The Concealment, Misrepresentation Or Fraud Condition Is replaced by the following with respect to loss of damage caused by fire: We do not provide cover -age to the insured who, whether before or after a loss, has committed fraud or intentionally concealed or misrepresented any material fact or circumstance concerning: 1, 'This Coverage Part; 2, The Covered Property; 3. That insured's Interest In the Covered Property; or 4. A claim under this Coverage Part or Coverage 'Furm, EThe Concealment, Misrepresentation Or Fraud Condition Is replaced by the followling,with respect to loss of damage caused by a Covered Cause of Loss other than fire: This Coverage Part is void if any insured, whether before or after a loss, has committed fraud or intentionally concealed or misrepresented any material fact or circumstance concerning! 1. This Coverage Part; 2. The Covered Props y, 3. That Ingured's interest in the Covered Property, or 4. A cfairn under this Coverage Part or Coverage Form. G. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, In writing, within 60 days of the termination the policy, to obtain that coverage. Form SS 01 21 03 17 Q The Other Insurance - Property Coverage Condition is replaced by the following: If there is other insurance covering the same loss or damage, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable limit of insurance basis to the limits of insurance of all insurance covering on same basis. The Appraisal Property Loss Condition of the Standard and Special Property Form is replaced by the following: If we and you disagree on the value of the property or the amount of [as,,;, either may make written qlgj� Page 3 of 4 request for an appraisal of the loss, If the roquest is accepted , each party will select a competent and impartial appraiser. Each party shall notify the other of the appraiser selected within 20 days of the foquest. The two appraisers will select an umpire. If they cannot agree within 15 days, either may request that selection be made by H judge Of a COLift having jurisdiction. The spipafsers will state separately the value of the property and amount of loss, If they fall to agree, they will submit their differences to the umpire. A decision agreed to by any two will he binding, Each party will; a. Pay its chosen appraiser; and lb. Boor the other expenses of the appraisal and umpire equally. If there 18 an appraisal, we will still retain our right to deny the claim. H. With respect to On "Open Pollcy", the Lost Payment Condition of the Standard and Special Property Form Is amended bythe followlnq; 1, Paragraph 5.d.(1),(b), of the Lose Payment condition is deleted and replaced by: We will not pay an a replacement cost basis for any loss or damage until the lost or damaged property Is actually repaired or replaced, and than only subject to deduction for depreciation, Prior to such repair or replacement, and in accordance with the terms applicable Loss NyMentcondItions in this policy, we will paythe actual cash value or tile lost 01, damaged property as described In this andorsoreent, If the actual cast) value does not exhaust the applicable I-inift of InsuranQa, we Will then pay the difference between the actual cash value and the replacement cost, provided that the repair or mplacernent is completed: a, Within 12 months after cur payment of the actual cash value; or b. Within 24 months after our payment Of the actual cash value If the loss or damage relates to a state of emergency as described In Section 8558 of the Government Code; unless we extend the time period for good cause. The foregoing provisions do not constitute a waiver of our right to deny the claim for any valid reason or to restrict payment In cases of suspected fraud. 2. Actual cash value Is determined as follows: a. In the event of a total loss to a building or structure, actual cash value is calculated as the LIMR Of insurance applicable to that buldirig or structure or the fair market value of the building or structure, which ever is loss, lc. In the event of a partial less to a building or structure, actual cash value is calculated as shown below, which ever is less: (1) The amount It Would cost to repair, rebuild or replace the propertyless a fair and reasonable deduction for physical depreciation of the components of the building or structure that are normally subject to repair or replacement during its useful life. Physical depreciation Is based upon the condition of the property at the time of the lost,; (2) The limit of Insurance applicable to the property. c. In [be even[ or a partial or total loss to Covered Property other than a building or structure, actual cash value Is calculated as the lesser of the following: (1) The amount It would cost to repair or replace the property less a fair and reasonable deduction for physical depreciation, based on the condition of the property at the time of loss; or (2) The Limit of In8urlinoo applicable to tire property. 1 An "Open Policy" is a policy under which the value of Covered Property Is not fixed at policy inception, but is determined at the time of loss in accordance with policy provisions on valuation. The term "open policy" does not apply to Covered Property that Is subject to an Agreed Value Clause or similar clause that establishes an agreed value prior to loss, unless such clause has expired. Page 4 of 4 Izy Form SS 01 21 03 17 IL, RNMEWWAM MTN, NORA ii� 1111 F1, I I This policy is subject to Ilia following additional Conditions; 0 a If this policy is cancelled by Ilia Company, other than for non-payment of prorrilum, notice of such cancellation will be provided at least thirty (30) days In advance of the cancellation effective date to the codificate holder(s) with mailing addresses on file with the Agent of record or the Company, If this policy is cancelled by the company for non- payment of premium, or by the insured, notice of such cancellation will be proviced within ten (10) days of the canGOII@UOn effective I to the, oedificate holder(s) with mailing addresses on file with the agent of record or the Company; Form SS 12 23 0611 If notice Is mailed, proof of Mailing to the last known mailing address of the certificate holder(s) on file wilh the agent of record or the Company will be 5ufftclont proof of notice, Any notification rights provided by this endorsement apply only to active certificate holder(s) Who were Issued a certificate of insurance applicable to this policy's terin. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes affective, nor will it negate carricollation of the policy, Failure to send notice shall impose no liability of any kind upon the Company or Its agents or representatives. Page I of 1 @ 2011, The Hartford 04n** (ITYCiffif OSSSaCaWS, LK 60O Cor,bdg. Drove, Sm", 150 m Folsom, CA 95630 a Ni 916 450-5100 a FAX 916 963-2090 August 30, 2019 City of Santa Ana Risk. Management Division 20 Civic Center Plaza, 41" Floor Santa Ana, CA 92702 flRE: ANAHEIM/SANTA ANA UASi AGRLPrmCNT To whom it may concern; In response to providing an automobile liability policy for the above referenced contract, Citygate Associates, LLC does not own any automobiles. Should Citygate acquire any vehicles for the duration of this contract, Citygate will: (1) purchase any owned or all owned automobile insurance; (2) shall be primary, and any insurance carried by the City of Santa Ana shall be excess and noncontributory. If you have any questions, please feel free to contact Martina Rocks, Citygate's Financial Services Manager, at (916) 458-5100 ext. 102. Sincerely, �. David C, DeRoos, MPA, CMC President ME CITYG-1 OP ID: DC '`'�Ca ►�. CERTIFICATE OF LIABILITY INSURANCE ATE(M6 09111201 YY) r12019 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 pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsements). PRODUCER Licensen#OC42488 Agency, Inc. 4401 Hazel Avenue, Suite 110 Fair Oaks, CA 95628 CONTACTCummins Insurance Agency A M E,tt:916-961-6000 ,vc N,:916-961-3046 E-MAIL ADDRESS: debbiec cumminsinsurance.com Cummins Insuraltce Agency, Inc INSURER(S) AFFORDING COVERAGE NAIC I INSURERA:Sentinel Insurance Company Ltd 11000 INSURED Citygate Associates, LLC INSURERB: Hartford Ins Co of the MidW 37478 David Deroos 600 Coolidge Drive, Suite 150 INSURERC: Landmark American Ins. Co. 33138 Folsom, CA 95630 INSURERD: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY F MMiDMY. I E MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 CLAIMS -MADE � OCCUR X X 57SBAAZ1255 07/15/2019 07/15/2020 PREHS_DAMASES E itrance)$ 1,000,00 X ritnary/Non-Contr MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,00 POLICY JJECT PRO- FLOC PRODUCTS- COMPlOP AGG $ 4,000,00 $ OTHER AUTOMOBILE LIABILITY EMe91dtl!"-eAnSINGLELIhIIT $ 2,000,00 BODILY INJURY (Per person) $ A ANY AUTO X 57SBWI255 07/15/2019 07/15/2020 X ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ fa}tGPERTYR AGE tar accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,00 AGGREGATE $ 4,000,00 ,A EXCESS LIAR CLAIMS -MADE 57SBAAZ1255 07/15/2019 07/1512020 DED I X I RETENT10N $ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? (Mandatory In NH) N I A X 57WECEU6620 10101,12019 1010112020 OTH- X STATUTE ER E L EACH ACCIDENT $ 1,000,000 E L DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT 1 $ 1,000,000 C Professional Lia. LHR774429 02/14/2019 02/14/2020 aggregate 2,000,00 E&O occur 2,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Additional Insured: The City of Santa Ana, its officers, agents, and REVIEWED & APPROVED employees in regards to the General Liability as per the attached. Primary & Non -Contributory per attached Form SS 00 08 04 05. (30) Days Notice of By Risk MANACiFMENT DIVISION Cancellation as per attached Form SS 12 23 06 11. P24Z09 CERTIFICATE HOLDER CANCELLATION ri[lily� tlrr_ 1%. ", SANTA22 City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th FI Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEC EU6620 Endorsement Number: Effective Date: 10/01/19 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: CITYGATE ASSOCIATES, LLC 600 COOLIDGE DRSTE 150 FOLSOM CA 95630 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 08/22/19 REVIEWED & APPROVED By RISK MANAGEMENT DIVISION 1h SP214za19 irnL - FRANC:INE R. VILLAREAL Authorized Representative Policy Expiration Date: 10/01/20 Policy Number: 57SBAAZ1255 Insured: Citygate Associates, LLC Effective Dates: 07/15/2019 - 07/15/2020 BUSINESS LIABILITY COVERAGE FORK! REVIEWED & APPROVED By Risk MANAGEMENT DIVISION , vS &n=L- FRANCINE R. VILLAREAL Form SS 00 08 04 05 © 2005, The Hartford QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension - Supplementary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 REVIEWED & APPROVED By Risk MANAC{EMENT DIVISION q SEP 24 2019 FRANCINE R. VILLAREAL Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read :he entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damagcs. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section D. - Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b. This insurance applies: (1) To "bodily injury" damage" only if: Form SS 00 08 04 05 (a) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (b) The "bodily injury" or "property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: and "property (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; REVIEWED & APPROVED By Risk MANAGEMENT DIViSiON Page 1 of 24 P�fr © 2005, The Hartford 4�11 � f2 FRANCINE R. VILIAREAL �7 BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage'; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice (1) 'Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2. MEDICAL EXPENSES Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your ope,ations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 3. COVERAGE EXTENSION - SUPPLEMENTARY PAYMENTS a. We will pay, with respect to any claim or "suit" we investigate or settle, or any "suit" against an insured we defend: (1) All expenses we incur. (2) Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. (3) The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. (5) All costs taxed against the insured in the "suit". (6) Prejudgment interest awarded against the insured on that part of the judgment we pay_ If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. (7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. Any amounts paid under (1) through (7) above will not reduce the limits of insurance. Page 2 of 24 Form SS 00 08 04 0 �� BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: (1) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2) This insurance applies to such liability assumed by the insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured ccntract"; (4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured nnr_i the indemnitee; and (6) The indemnitee: (a) Agrees in writing to: (1) Cooperate with us in the investigation, settlement or defense of the "suit"; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (1) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 11.(b) of Section B. — Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met. B. EXCLUSIONS 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property; or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Contractual Liability (1) "Bodily injury" or "property damage'; or (2) "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a) "Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or Form SS 00 08 04 05 Page 3 of 4 1 ` � BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or 'property damage" assumed in a cortract or agreement that is an "insured contract", provided the "oodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage" provided: (i) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract", and (ii) Such attorneys' fees and litigation expenses are for defense of that parry against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies on if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business, or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to any insured. However, this subparagraph does not apply to: (1) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "properly damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or Page 4 of 24 Form SS 00 08 0 05 �� BUSINESS LIABILITY COVERAGE FORM (ili) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (b) At or from any premises, site or (ii) "Bodily injury" or "properly location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor; or as waste by or fcr: (ili) "Bodily injury" or "property (i) Any insured; or damage" arising out of heat, smoke or fumes from a"hostile (ii) Any person or organization for fire"; or whom you may be legally responsible; (e) At or from any premises, site or location on which any insured or any (d) At or from any premises, site or contractors or subcontractors location on which any insured or working directly or indirectly on any any contractors or subcontractors insured's behalf are performing working directly or indirectly on operations if the operations are to any insured's behalf are test for, monitor, clean up, remove, performing operations if the contain, treat, detoxify or neutralize, "pollutants" are brought on or to or in any way respond to, or assess the premises, site or location in the effects of, "pollutants". connection with such operations by such insured, r_nntractnr nr (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does not apply to: (a) Request, demand, order or statutory (i) "Bodily injuy" or "property or regulatory requirement that any damage" arsing out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants"; or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them_ This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not damage" asses out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 5 of `�\ L�� BUSINESS LIABILITY COVERAGE FORM g. Aircraft, Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use includes i. War operation and "loading or unloading". "Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused, arising, directly or indirectly, out of: other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others by that insured, if the "occurrence" which (2) Warlike action by a military force, caused the "bodily injury" or "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by governmental authority in hindering or (1) A watercraft while ashore on premises defending against any of these. you own or rent; j. Professional Services (2) A watercraft you do not own that is: "Bodily injury", "property damage" or (a) Less than 51 feet long; and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways but is not limited to: next to, premises you own or rent. (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment'; or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice or instruction; with a paid crew. However, this (6) Any service, treatment, advice or exception does not apply if the insured instruction for the purpose of has any other insurance for such "bodily "property appearance or skin enhancement, hair injury" or damage", whether removal or replacement or personal the other insurance is primary, excess, contingent or on any ether basis. grooming; In. Mobile Equipment (7) Optical or hearing aid services including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of "mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured; or Page 6 of 24 Form SS 00 08 04 ` 1 1� BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products; (9) Any: (a) Body piercing (not including ear piercing); (b) Tattooing, including but not limited to the insertion of pigments into or under the skin; and (c) Similar services; (10) Services in the practice of pharmacy; and 01) Computer consulting, design or programming services, including web site design. Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A. - Coverages. k. Damage To Property "Property damage" to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because 'your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate Limit of Insurance applies to Damage To Premises Rented To You as described in Section D. - Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". I. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. m. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of A BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property'; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. p. Personal And Advertising Injury "Personal and advertising injury": (1) Arising out of oral, written or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; (2) Arising out of oral, written or electronic publication of material whose first publication took place before the beginning of the policy period; (2) Aricing out of a criminal act committed by or at the direction of the insured; (4) Arising out of any breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement"; (5) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement"; (6) Arising out of the wrong description of the price of goods, products or services; (7) Arising out of any violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin or authenticity. However, this exclusion does not apply to infringement, in your "advertisement", of (a) Copyright; (b) Slogan, unless the slogan is also a trademark, trade name, service mark or other designation of origin or authenticity; or Page 8 of 24 (c) Title of any literary or artistic work; (8) Arising out of an offense committed by an insured whose business is: (a) Advertising, broadcasting, publishing or telecasting; (b) Designing or determining content of web sites for others; or (c) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a., b. and c. under the definition of "personal and advertising injury" in Section G. — Liability And Medical Expenses Definitions. For the purposes of this exclusion, placing an "advertisement" for or linking to others on your web site, by itself, is not considered the business of advertising, broadcasting, publishing or telecasting; (9) Arising out of an electronic chat room or bulletin board the insured hosts, owns, or over which the insured exercises control; (10) Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers; (11) Arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act; (12) Arising out of: (a) An "advertisement" for others on your web site; (b) Placing a link to a web site of others on your web site; (c) Content from a web site of others displayed within a frame or border on your web site. Content includes information, code, sounds, text, graphics or images; or (d) Computer code, software or programming used to enable: (1) Your web site; or (ii) The presentation or functionality of an "advertisement" or other content on your web site; Form SS 00 08 04 0 �� BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities; or persons or property which would not have occurred in whole or in (15) Arising out of discrimination or part but for the asbestos hazard , humiliation committed by or at the direction of any "executive officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or others test for, monitor, clean up, q. Electronic Data remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an "asbestos hazard"; or "electronic data". (c) Arise out of any claim or suit for r. Employment -Related Practices damages because of testing for, "Bodily injury" or "personal and advertising monitoring, cleaning up, removing, injury" to; encapsulating, containing, treating, (1) A person arising out of any: detoxifying or neutralizing or in any way responding to or assessing the (a) Refusal to employ that person; effects of an "asbestos hazard". (b) Termination of that person's t. Violation Of Statutes That Govern E- employment; or Mails, Fax, Phone Calls Or Other (c) Employment -related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation, "Bodily injury", "property damage", or reassignment, discipline, "personal and advertising injury" arising detamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person; or violate: (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act (TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury" to the (2) The CAN-SPAM Act of 2003, including person at whom any of the any amendment of or addition to such employment -related practices law; or described in Paragraphs (a), (b), or (c) above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and Damage To Premises Rented To You — (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions c. through h. and k. through o. do s. Asbestos not apply to damage by fire, lightning or (1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the "asbestos hazard". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described in loss, costs or expenses that: Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 2 1 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products -Completed Operations Hazard Included with the "products -completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co -"employee" while in the course of his or her employment or performing duties relatCd to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co - "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 �� BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organizaton having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance affordec herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever s earlier; and b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Form SS 00 08 04 05 Page 11 o�47,4"' BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property damage" arising out of the sole Any person(s) or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the subparagraphs (d) or (f); or "products -completed operations hazard". (il) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 �\,/� BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or e. Permits Issued By State Or Political Subdivisions (1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) 'Bodily injury" or "property damage" included within the "products - completed operations hazard". f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal On your bcl-ialf_ and advertising injury' caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf. owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products - failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury', "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 2 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Cler_.larntions and the rules helnw fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury', "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 05 1� ` (f 1,1I BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit'. However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: Form SS 00 08 04 05 (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. Page 15 of 414,A\\11, BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied With. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work I hat is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Page 16 of 24 Form SS 00 0$ 04 05 "j �0 v1 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 4 `�� �a BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s) or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any 'occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned I Pa`arl by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured — Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following additional exclusions apply: b. With respect to the insurance afforded to these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any 'occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any 'occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such person or organization. (2) Structural alterations, new 6. Additional Insured - State Or Political construction or demolition operations performed by or on behalf of such Subdivision — Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 0 0 , ��� BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - Permits, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included in the "product -completed operations" hazard. 7. Additional Insured —Vendors a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) (referred to below as vendor) shown in the Declarations as an Additional Insured - Vendor, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part Provides coverage fur "budity injury" ur "property damage" included within the "products -completed operations hazard". b. The insurance afforded to the vendor is subject to the following additional exclusions: (1) This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured — Controlling Interest WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Controlling Interest, but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. Form SS 00 08 04 05 Page 19 of 24A, BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 9. Additional Insured — Owners, Lessees Or Contractors — Scheduled Person Or Organization a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations for the additional insured(s); or (2) In connection with "your work" performed for that additional insured and included within the "products - completed operations hazard", but only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury", "property damage" or "personal an advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 10. Additional Insured — Co -Owner Of Insured Premises WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or Organization(s) shown in the Declarations as an Additional Insured — Co - Owner Of Insured Premises, but only with respect to their liability as co-owner of the premises shown in the Declarations. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; b. The Internet, but only that part of a web site that is about goods, products or services for the purposes of inducing the sale of goods, products or services; or c. Any other publication that is given widespread public distribution. However. "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network_ 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 5. 'Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 1 BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to. 7. "Electronic data" means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 8. "Employee" includes a 'leased worker". "Employee" does not include a "temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by -lays or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. — Liability and Medical Expenses Limits of Insurance. b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance. to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "properly damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 2 AA I BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker", 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto' b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached io the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes ocher than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; Page 22 of 24 Form SS 00 08 04 05 ,- 1 r� U 1 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that the person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparaces a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement"; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard"; a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused it. As used in this definition, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged, "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not your "employee"; Form SS 00 08 04 05 Page 23 XIIA14 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product'; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. Page 24 of 24 Form SS 00 08 04 05 Q1� Policy Number: 57SBAAZ1255 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT -AGGREGATE LIMITS (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM A. Section D. LIABILITY AND MEDICAL EXPENSES 4. If the applicable "project" has been abandoned, LIMITS OF INSURANCE is amended as follows: delayed, or abandoned and then restarted, or if 1. The General Aggregate Lim t under Section D. the authorized contracting parties deviate from LIABILITY AND MEDICAL EXPENSES LIMIT plans, blueprints, designs, specifications or OF INSURANCE applies separately to each of timetables, the "project" will still be deemed to your "projects". be the same "project". 2. The limits shown in the Declarations for Liability and Medical Expenses, Damage To Premises Rented To You and Medical Expenses continue to apply. 3. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit. 5. The provisions of Section D. LIABILITY AND MEDICAL EXPENSES LIMIT OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. B. Additional Definitions The following definition is added to Section G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS: 1. "Project" means "your work" at location(s) away from premises owned or rented to you. REVIEWED & APPROVED By Risk MANAC1rMENT DiViSiON EP 94 20ZT�( � ni , P FRA C E R, VILLAREAL Form SS 04 33 04 05 Page 1 of 1 © 2005, The Hartford THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES This endorsement modifies insurance provided under the following: COMMON POLICY CONDITIONS SPECIAL PROPERTY COVERAGE FORM STANDARD PROPERTY COVERAGE FORM BUSINESS LIABILITY COVERAGE FORM EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM A. Paragraphs 2. and 3. of the Cancellation Common (b) You or your representative in Policy Condition are replaced by the following: pursuing a claim under this policy. 2. All Policies in Effect for 60 Days Or Less: (3) A judgment by a court or an If this policy has been in effect for 60 days or administrative tribunal that you have less, and is not a renewal of a policy we have violated a California or Federal law, previously issued, we may cancel this policy by having as one of its necessary elements mailing or delivering to the frst Named Insured an act which materially increases any of at the mailing address shown in the policy and to the risks insured against. the producer of record, advance written notice of (4) Discovery of willful or grossly negligent cancellation, stating the reason for cancellation, acts or omissions, or of any violations of at least: state laws or regulations establishing a. 10 days before the effective date of safety standards, by you or your cancellation if we cancel For: representative, which materially increase (1) Nonpayment of premium; or any of the risks insured against. (2) Discovery of fraud or material (5) Failure by you or your representative to misrepresentation by implement reasonable loss control requirements, agreed to by you as a (a) Any insured or his or her condition of policy issuance, or which representative in obtaining this were conditions precedent to our use of insurance; or a particular rate or rating plan, if that (b) You or your representative in failure materially increases any of the pursuing a claim under this policy. risks insured against. b. 30 days before the effective date of (6) A determination by the Commissioner of cancellation if we cancel for any other reason. Insurance that the: 3. All Policies in Effect For More Than 60 Days (a) Loss of, or changes in, our a. If this policy has been in effect for more than reinsurance covering all or part of 60 days, or is a renewal of a policy we the risk would threaten our financial issued, we may cancel this policy only upon integrity or solvency; or the occurrence, after the effective date of (b) Continuation of the policy coverage the policy, of one or more of the following, or would: as permitted under applicable California law: i. Place us in violation of (1) Nonpayment of premium, including California law or the laws of the payment due on a prior policy we issued state where we are domiciled; and due during the current policy term or covering the same risks. ii. Threaten our solvency. (2) Discovery of fraud or material (7) A change by you or your representative misrepresentation by. in the activities or property of the (a) Any insured or his or her commercial or industrial enterprise, representative in obtaining this REVIEWE 0A' W '� materially added, insurance; or By Risk M , Q5i� ed risk, unless the Form SS 01 21 03 17 1SEP 2 4 20 9 Pagel of 4 © 2017, The Hartfo I r O[] AA ��� FRANC:INE R. VILLAREAL added, increased or changed risk is included in the policy. I. Place us in violation of California law or the laws of the state where we are domiciled; or ii. Threaten our solvency. (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record. at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud, or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in paragraph 3.a. B. The following provisions is added to the Cancellation Common Policy Condition: 7_ Residential Prnperty This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under this policy: a. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel solely because the first Named Insured has: (1) Accepted an offer of earthquake coverage; or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included and earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcha ge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This restriction (c.) applies only if coverage under the Special Property Coverage Form, which excludes loss or damage caused by or resulting from corrosive soil conditions. C. The following is added and supersedes any provisions to the contrary: NONRENEWAL 1. Subject to the provisions of paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice stating the reason for nonrenewal to the first Named Insured shown in the Declarations and to the producer of record, at least 60 days but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under this policy. a. We may elect not to renew such coverage for any reason, except as provided in b., c. and d. below: b. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However, the following applies only to insurers who are associated participating insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: (1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; (2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition in which we make claims payments for losses resulting from an earthquake that occurred within the Page 2 of 4 Form SS 01 21 03 17 preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or (2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or (3) We have: (a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position. (c) We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority that included an earthquake policy premium surcharge. (d) We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises. This restriction (d) applies only if coverage is subject to the Special Property Coverage Form, which excludes loss or damage caused by or resulting from corrosive soil conditions. 3. We are not required to send notice of nonrenewal in the following situations: a. If the transfer or renewal of a policy, without any changes in terms, conditions, or rates, is between us and a member of our insurance group. b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with paragraph C.1. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the time frames shown in paragraph CA., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. If there is an appraisal, we will still retain our right to deny the claim. D. The Concealment, Misrepresentation Or Fraud Condition is replaced by the following with respect to loss of damage caused by fire: We do not provide coverage to the insured who, whether before or after a loss, has committed fraud or intentionally concealed or misrepresented any material fact or circumstance concerning: 1. This Coverage Part; 2. The Covered Property; 3. That insured's interest in the Covered Property; or 4. A claim under this Coverage Part or Coverage Form. E. The Concealment, Misrepresentation Or Fraud Condition is replaced by the following with respect to loss of damage caused by a Covered Cause of Loss other than fire: This Coverage Part is void if any insured, whether before or after a loss, has committed fraud or intentionally concealed or misrepresented any material fact or circumstance concerning: 1. This Coverage Part; 2. The Covered Property; 3. That insured's interest in the Covered Property; or 4. A claim under this Coverage Part or Coverage Form. F. The Other Insurance - Property Coverage Condition is replaced by the following: If there is other insurance covering the same loss or damage, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable limit of insurance bears to the limits of insurance of all insurance covering on same basis. G. The Appraisal Property Loss Condition of the Standard and Special Property Form is replaced by the following: If we and you disagree on the value of the property or the amount of loss, either may make written Form SS 01 21 03 17 Pag request for an appraisal of the loss. If the request is accepted, each party will select a competent and impartial appraiser. Each party shall notify the other of the appraiser selected within 20 days of the request. The two appraisers will select an umpire. If they cannot agree within 15 days, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the value of the property and amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. H. With respect to an "Open Policy", the Loss Payment Condition of the Standard and Special Property Form is amended by the following: 1. Paragraph 5.d.(1).(b). of the Loss Payment condition is deleted and replaced by: We will not pay on a replacement cost basis for any loss or damage until the lost or damaged property is actually repaired or replaced, and then only subject to deduction for depreciation. Prior to such repair or replacement, and in accordance with the terms applicable Loss Payment conditions in this policy, we will pay the actual cash value of the lost or damaged property as described in this endorsement. If the actual cash value does not exhaust the applicable Limit of Insurance, we will then pay the difference between the actual cash value and the replacement cost, provided that the repair or replacement is completed: a. Within 12 months after our payment of the actual cash value; or b. Within 24 months after our payment of the actual cash value if the loss or damage relates to a state of emergency as described in Section 8558 of the Government Code; unless we extend the time period for good cause. The foregoing provisions do not constitute a waiver of our right to deny the claim for any valid reason or to restrict payment in cases of suspected fraud. Page 4of4 2. Actual cash value is determined as follows: a. In the event of a total loss to a building or structure, actual cash value is calculated as the Limit of Insurance applicable to that building or structure or the fair market value of the building or structure, which ever is less. b. In the event of a partial loss to a building or structure, actual cash value is calculated as shown below, which ever is less: (1) The amount it would cost to repair, rebuild or replace the property less a fair and reasonable deduction for physical depreciation of the components of the building or structure that are normally subject to repair or replacement during its useful life. Physical depreciation is based upon the condition of the property at the time of the loss; (2) The limit of Insurance applicable to the property. c. In the event of a partial or total loss to Covered Property other than a building or structure, actual cash value is calculated as the lesser of the following: (1) The amount it would cost to repair or replace the property less a fair and reasonable deduction for physical depreciation, based on the condition of the property at the time of loss; or (2) The Limit of Insurance applicable to the property. 3. An "Open Policy" is a policy under which the value of Covered Property is not fixed at policy inception, but is determined at the time of loss in accordance with policy provisions on valuation. The term 'open policy" does not apply to Covered Property that is subject to an Agreed Value clause or similar clause that establishes an agreed value prior to loss, unless such clause has expired. *V41 Form SS 01 21 03 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the company for non- payment of premium, or by the insured, notice of such cancellation will be proviced within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Form SS 12 23 06 11 Page 1 of 1 © 2011, The Hartford \ n� 1� �`n ■ r r ■ W91 on 600 Coc4i ge Drys, 130 a fuisvn, CA' 55630 r PH 9i6-+58.5100 ■ fAX gib-983-2090 August 30, 2019 City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92702 RE: ANAHEIM/SANTA ANA UASI AGREEMENT To whom it may concern; In response to providing an automobile liability policy for the above referenced contract, Citygate Associates, LLC does not own any automobiles. Should Citygate acquire any vehicles for the duration of this contract, Citygate will: (1) purchase any owned or all owned automobile insurance; (2) shall be primary, and any insurance carried by the City of Santa Ana shall be excess and noncontributory. If you have any questions, please feel free to contact Martina Rocks, Citygate's Financial Services Manager, at (916) 458-5100 ext. 102. Sincerely, David C. DeRoos, MPA, CMC President Y 241o1°J �.1N�- •V1tlA��AL