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HomeMy WebLinkAboutINFINITY COMMUNICATIONS AND CONSULTING, INC. (3)JoA 3 0 2021 Q L;bN7 (,Ella see u INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES _LJ 1011Zort CLERK OF COUNCIL DATE: , N-2019-187-02 CONSULTING, INC. FOR E-RATE PROGRAM COMPLAINCE SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on June 19 2021, by and between Infinity Communications and Consulting, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. N-2019-187, dated July 9, 2019, by which Consultant agreed to provide consulting and program compliance services for the E-Rate School and Libraries Program ("Agreement"). B. The parties wish to amend the Agreement to add consulting services for the Emergency Connectivity Fund application and increase the compensation to pay for these new services. The Parties therefore agree: Section 1, Scope of Services, is amended to add consulting services for the City's application regarding the Emergency Connectivity Fund outlined in Exhibit B; 2. Section 2, Compensation, is amended to increase the total Agreement not to exceed amount from ten thousand dollars and no cents ($10,000.00) to twenty thousand dollars and no cents ($20,000.00); and 3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA TD i1FC •. Signatures continue on the next page Page I ,_];� Kristine Ridge City Manager APPROVED AS TO FORM CONSULTANT Sonia R. Caivalho City Attorney I3y:X",u A R _ Laura A. Rossini Name: art' Chief Assistant City Attorney Ti et Operations Officer RECOMMENDED FOR APPROVAL Brian Sternberg Executive Director Library Services Agency Page 2 4, Exhibit B COMMUNICATIONS & CONSULTING AN EMPLOYEE OWNED COMPANY Project Attachment tf0492.FY2022 City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California — Emergency Connectivity Fund Consulting Services Client No: 0492 INFINITY'S RESPONSIBILITIES Infinity shall perform the following tasks for Emergency Connectivity Fund (ECF I Consulting Services; ECF CONSULTING SERVICE 1, Client Access— Infinity will be available to the Client by phone, or email to address Client related ECF Funding issues or questions, 2, Program Updates— Infinity will update the Client on changes in the ECF process and help staff to take advantage of newly eligible products and services, 3, Program Compliance — Infinity will assist the Chentto verl(y that USAC rules are being followed and, if necessary, provide guidance on new process or procedures to ensure program compliance, In regard to Bld Evaluations, Procurement, CIPA compliance and Document Retention. ECF APPLICATION MANAGEMENT 1. Needs Assessment and Slrategle Planning— Infinity will assist the Client to determine a Strategy that best meets the Clients needs to recover and or maximize the Clients ECF funding opportunities. 2. Determination of Funding Request Amount— Infinity will prepare the required forms by; review of the Clients Invoices from eligible service providers to determine an estimated funding request. 3. File Forms — Infinity will prepare and file the forms required by USAC's ECF Funding Order, 4. AdmInstration of ECF Process — Infinity will assist the Client in responses to and delivery of the required clooknuentation for USAC's ECF information requests. 5. Collection — Infinity will prepare and file the Form 472 (BEAR) to have a reimbursement Issued for the eligible discount amount, when applicable, Infinity will assist the Client in working with service providers to complete the Service Provider Invoice method If this method of reimbursement is chosen by the service provider. 6, System for Award Management (SAM) Registration — Infinity will assist the Client in the registration process for the SAM system. Only applicants that are actively registered in the SAM system will be able to receive reimbursements from the ECF program. 7. Application Status — Infinity will provide the Client with progress status on application(s), review(s), and modlfication(s), for the Clients open funding requests. AUDIT ASSISTANCE 1. Document Retention— Infinity will maintain a copy of the documents required fertile ECF Program `Document Retention Policy" including: Pre -Bidding Process, Bidding Process, Award of Contracts, Application Process, Purchase and Delivery of Service, Invoicing, Inventory, and Forms and Rules Compliance, for up to 10 years from the last date of service. 2. Document Assisting— Infinity will assist the Client In the preparation and delivery of the Auditor requested documentation, 3. Support Services— Infinity will represent the client during all ECF Program Audits. Project Attachment #0492-FY2022 Page 1 of 4 P.O. Box 999 Bakersfield, CA 93302 1661,716.1840 1 www.infinilycomm.com COMMUNICATIONS & CONSULTING AN EMPLOYEE. OWNED COMPANY CLIENT RESPONSIBILITIES The Clients responsibilities for the successful completion of Infinity's ECF Consulting Services, shall Include: 1. Appointing a representative to act on the Clients behalf, with respect to this agreement, who has the authority to render decisions and approve requests from Infinity, in a timely manner as not to cause unreasonable delay in the progress of Infinity's service. 2. Provide Infinity all information required for the successful completion of the agreed service within 10 days, after the receipt of a request from Infinity. This includes at a minimum, but not limited to copies of service provider invoices, copies of service provider contracts, approved free and reduced lunch numbers, copy of any self -certification materials as requested by USAC, copy of CIPA compliance, and authorized contact information. 3. Provide a Letter of Agency (LOA) authorizing Infinity to act on the Clients behalf to file ECF Program forms and respond to any Requests for Information from USAC. 4. Sign and certify the ECF Program forms required for the Clients application forfunding in a timely manner, as not to cause a failure to comply with the ECF Program's time sensitive deadlines. 5. For all Contracted Services or Month -to -Month Services the client with affirm the following has been completed: a. Conduct an "Open and Competitive" bid process, to comply with all applicable local/state procurement requirements, and bidding laws for all "new" requested services and contracts. b. Comply with all IocallstatelfederallECF Program requirements for the Award of Contract(s). c. Provide Infinity copies of all documents pertaining to an award of contract for each funding request, to comply with the ECF Program's "Document Retention Policy", including but not limited to bidding documents, evaluation of responses, board meeting minutes, copies of the winning bidder's response, and invoices. 6. Maintain and keep up to date an "Equipment Asset Register" or "Inventory List". The list shall include detailed information such as make, model, serial number, and location for all equipment purchased with support of the ECF Program. The Client will provide Infinity a copy of the inventory list for document retention, 7. Maintain and keep Lip to date a "Service Provider Reimbursement Reconciliation" (SPRR) spread sheet. The SPRR shall include the total amount of funds associated with each reimbursement, andlor the total amount of discounts (in the form of discounted bills, checks, or credits) received from the service provider. The Client provide Infinity a copy of the SPRR for compliance with"Invoicing" and "Document Retention" requirements of the ECF Program. 8, Retain document, for each funding request related to the pre -bidding process, bidding process, and award of oontract(s), application process, purchase and delivery of service, invoicing, inventory, and forms and rules compliance for a period of at least 10 years from the last date of service. *In the event something unforeseen happens that is not covered under Project Attachment#0492-PY2022 with this contract, an additional fee will be negotiated before any additional services are provided. **Should the Client cease services with Infinity and request document re-constructlon for past filing years, there will be a charge for the time required to re-create the document library. This charge will be assessed at the time of the request and must be paid prior to the release of the document re -construction package. CONTRACT TERM This agreement will expire on June 30, 2022, COMPENSATION AND REIMBURSABLE EXPENSES SCHEDULE BASIS OF COMPENSATION: EMERGENCY CONNECTIVITY FUND CONSULTING SERVICES This Agreement is for one application filing, If the Client chooses to file for additional funding, this agreement may be modified to Increase the Scope of Work through an addendum approved by both the Client and Infinity. Any additional Scope of Work will be billed as a separate project subject to additional fees as listed below. Fees paid to Infinity cannot be paid for or requested in the application for funding. Infinity's fees must be paid by the Client separately from the amount requested in the funding application. Project Attachment V0492-FY2022 Page 2 of 4 P.O. Box 999 Bakersneld, CA 933021661.716,1840 1 www.inflnllycomm.com C(?MMUNICATIONS & CONSULTING AN EMPLOYEE OWNED COMPANY **NOTICE** USAC has determined that if the Funding Requests EXCEED the available funding amount, Funding Commitments will be distributed based on the Category One E-Rate Discount Percentage of the Applicant (Rural Applicants will receive an additional 5%). If this happens, distributions will be completed starting with 90% applicants being funded first, then 85%, 80% and so on, until all available funding is exhausted. In the event the Client does not receive a Funding Commitment due to the Program EXCEEDING it's ability to provide funding, the Client is still responsible to pay all fee's as stipulated In this agreement. Infinity's fee to perform our ECF Consulting Service is a base fee of $1,000,00 plus a percentage of the total funding request. The value for the percentage Is shown on the chart below: Funding Requested Compensation Percentage $0.00 — $750 000.00 4% $760,001.00— 1,000,000.00 3% $1,000,001.00—$2.000000,00 2% $2,000,0001.00.,and,.uR. I % PAYMENT SCHEDULE Infinity will Invoice the Client for completed and approved ECF Consulting Services rendered under this agreement In various phases as follows: Application Submittal One In the event the client decides not to request funding and Infinity has completed work, the client will be responsible to pay the base fee In the event that Funding Commitment is not received, the Client Is responsible to pay all fees as described in this agreement. In the event that additional work Is required, that is not specifically detailed in by the section 'Infinity's Responsibilities,' the client will be advised of the additional work and the estimated cost of additional work. Only upon approval from the Client will additional work be conducted and billed at the hourly rates listed in the subsequent section tltle'Hourly Rates and Reimbursable Expenses.' HOURLY RATES AND REIMBURSABLE EXPENSES For additional work that is required outside the scope of the original project, the hourly rates listed will be charged. Additional work will not be completed without written approval from the Client. Standard Hourly rates are subject to review and adjustment. The hourly rates effective on the date of the Agreement are: Principal $175,00 /Hour Sr. Systems Designer $155.00 (Hour Systems Designer $125.00 (Hour CAD Operator $75.00 /Hour Sr. Project Manager $155.00 /Hour Project Manager $95.00 iHour Design Team Coordinator $75,00 /Hour E-Rate Compliance Consultant $140.00 /Hour Client Support Specialist, III $90.00 /Hour Client Support Specialist, II $75.00 !Hour Client Support Specialist,1 $55,00 /Hour Support Staff $50.00 (Hour Project Attaohment #0492-FY2022 Page 3 of 4 P.O. Box 999 Bakersfield, CA 93302 1661116.1840 1 www.infinitycornm.com � !j;F' � . COMMUNIC<Q'IONS &CONSULTING AN EMPLOYEE OWNED COMPANY IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date written below. Infinity Inc. Chief Operating Martin Skiby _ Officer Name Title P,O, Box 999, Bakersfield, CA 93302 Address I City I Stale I Zip 82-0573429 Federal Tax ID # City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California Signature Date Address I City I Stale I Zip Federal Tax ID # Project Attachment #0492-FY2022 Page 4 of 4 P.O. Box 999 Bakersfield, CA 93302 1601,71 Q 1840 1 www.infinitywmm.com Digitally signed by FrancineR Francine R. Villareal Mn.rml Data. 2021.02091 a1416-0 00' ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 01/28/2021 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(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Stacey Campbell NAME: KIA Insurance Associates, Inc. PHDNE (661)835-4542 FAx (661)835-4500 A/C No Exl: AIC,No License # OL78680 E-MAIL scampbell@kernins.com ADDRESS: P.O. Box 11390 INSURER B AFFORDING COVERAGE NAIC # Bakersfield CA 93389-1390 INSURERA: Travelers Casualty Insurance Co ofAmerica 19046 INSURED INSURER B: Travelers P & C Co America 25674 Infinity Communications & Consulting, Inc. INSURERC: National Fire Insurance of Hartford 20478 P.O. Box 999 INSURER D: Certain Underwriter at Lloyds INSURERE: Bakersfield CA 93302 INSURERF: COVERAGES CERTIFICATE NUMBER: 21-22 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD MD POLICY NUMBER MMIDD EFF MMp LIMITS COMMERCIAL GENERALLIABILITY CLAIMS -MADE Fx—] OCCUR EACH OCCURRENCE $ 2,000,000 PREMISES fEa occurrence $. 300,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 A 680001J742131 02/17/2021 02117/2022 GENLAGGREGATE LIMITAPPLIES PER: X POLICY JERCT LOC GENERALAGGREGATE $ 4,000,000 PRODUCTS-COMP/OPAGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X ANVAUTO BODILY INJURY (Per person) $ A OWNED ASCHEDULED AUTOS ONLY UTOS HIRED v NON�OWNEO AUTOS ONLY X AUTOS ONLY 13A9N27639720 10/24/2020 10/24/2G21 BODILY INJURY Per accident $ PROPERTYDAMAGE Peraccident $ Uninsured motorist $ 1,000,000 UMBRELLA LIAB OCCUR "'""""' (" �"'a'" """' EACH OCCURRENCE E 2,000,000 B x ExCE85"Ae CLAIMS -MADE CUP002J348555 02l17l2021 02/17/2022 AGGREGATE $ 2,000,000 DED RETENTION $ § C WORKERS COMPENSATION AND EMPLOYERT LIABILITY Y ANY PROPRIETORIPARTNEWEXECUTIVE IN OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, DESCRIPTION under DESCRIPTION OF OPERATIONS below NIA 4018266026 07/01/2020 07/01/2021 PER OTH- !% STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 D Professional Liability -claims made INT166518 08/19/2020 08/19/2021 per claim $2,000,000 aggregate $2.000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remark. Schedule, maybe attached if more space Is required) RE: Santa Ana Public Library. The City of Santa Ana, Risk Management 20 Civic Center Plaza, Santa Ana, Cal'Ifomia 92701; its officers, employees, agents and representative are named as additional insureds and coverage is primary and non-contributory for General Liability per written contract and attached endorsements. 30 days notice of cancellation applies except for non-payment of premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza 4th Fir AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 e XhirMmkgrmartlNddwl +/ RENEwEOfi APPRW®BY: ©1988.2015 ACOR ""F ACORD 25 (2016f03) The ACORD name and logo are registered marks of ACORD'• Risk Management Analyst COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-1J742131-21-42 ISSUE DATE: 3-2/31/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED (Includes Products -Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS AND COVERED OPERATIONS NAME OF PERSON OR ORGANIZATION: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA M-23 SANTA ANA CA 92702 PROJECT/LOCATION OF COVERED OPERATIONS: SANTA ANA PUBLIC LIBRARY PROVISIONS The insurance provided to such additional insured is subject to the following provisions: The following is added to SECTION II — WHO IS AN INSURED: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum Any person or organization shown in the Schedule limits required by the written contract or Of Additional Insureds And Covered Operations that agreement, the insurance provided to the you agree in a written contract or agreement to additional insured will be limited to such include as an additional insured on this Coverage minimum required limits. For the purposes of Part is an insured, but only: determining whether this limitation applies, the a. With respect to liability for 'bodily injury" or minimum limits required by the written contract or "property damage" that occurs, or for "personal agreement will be considered to include the injury" caused by an offense that is committed, minimum limits of any Umbrella or Excess liability coverage required for the additional subsequent to the signing of that contract or insured by that written contract or agreement. agreement and while that part of the contract or This provision will not increase the limits of agreement is in effect; and insurance described in Section III — Limits Of b. If, and only to the extent that, such injury or Insurance. damage is caused by acts or omissions of you or your subcontractor in the performance of "your b. The insurance provided to such additional work" on or for the project, or at the location, insured does not apply to: shown in the Schedule Of Additional Insureds And Covered Operations, to which the written (1) Any 'bodily injury", "property damage" or contract or agreement applies. Such person or "personal injury" arising out of the providing, organization does not qualify as an additional or failure to provide, any professional insured with respect to the independent acts or architectural, engineering or surveying omissions of such person or organization. services, including: +qYS'—sxC< Risk Mw&ri id DIl an ReveLED&APeRav®Rv: CG D2 47 0419 ©2018 The Travelers Indemnity Company. All rights reserved. r11111:111Fi/t' FMNY� 4 P1. Vi" ®' Risk Management Analyst COMMERCIAL GENERAL LIABILITY (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the "occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the "occurrence" or offense. (2) If a claim is made or "suit" is brought against the additional insured: (a) Immediately record the specifics of the claim or "suit" and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable. (3) Immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. (4) Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., Other Insurance, of Section IV — Commercial General Liability Conditions. Page 2 of 2 © 2018 The Travelers Indemnity Company. All rights reserved. REMeXED&APPRaveoft Risk Management Analyst POLICY NUMBER: 680-IJ742131-21-42 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 12/31/2020 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA M-23 SANTA ANA CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 RlekMougce dDiblm ' ROAMED S APPROVED BY: ®' Risk Management Analyst COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy. carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed .by .you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section If. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in an "em- ployee's" name, with your permission, while H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT— INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY 1:11•_11d-7_TC9 L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved, Includes copyrighted material of Insurance Services Office, Inc. with its permissi ig Risk MaugmentD[uis m Re ewm & Apmavm Br f�r� R. V:f�icnui �' R6k Management Analyst '�: COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- Auding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.I. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: N� Hired Auto Physical Damage Coverage ,= If hired "autos" are covered "autos" for Covered Autos Liability. Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or °—_ borrow subject to the following: °— (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of: a� (a) $50,000; o (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES— INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph CA.b. of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. s w.kMooganmtnlwlon APP Page 2 of 3 © 2015 The Travelers Indemnity Company. All rights reserved ReneNm &R� ®�0 Includes copyrighted material of Insurance Services Office, Inc. with its permissi tit➢I1:111a Li fo crr.: �:� Z 44d �'� 001521® IC¢k Management Matys[y K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of"loss" set forth in Paragraphs A.1.b, and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- , ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss" (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5.. Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office, Inc. with its permissi �s a� RiskMowgmwdDMdan ,r Renee m&APaftav®9y FAIR N R. VSAIdAt Risk Management Matyst - COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TECHNOLOGY XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force Property Damage — Ex- ception To Expected Or Intended Injury Ex- clusion B. Non -Owned Watercraft Less Than 75 Feet C. Aircraft Chartered With Pilot D. Damage To Premises Rented To You E. Increased Supplementary Payments F. Who Is An Insured — Employees And Volun- teer Workers — First Aid G. Who Is An Insured — Employees — Supervi- sory Positions H. Who Is An Insured — Newly Acquired Or Formed Organizations �= I. Blanket Additional Insured — Owners, Manag- ers Or Lessors Of Premises J. Blanket Additional Insured — Lessors Of Leased Equipment o PROVISIONS A. REASONABLE FORCE PROPERTY DAMAGE — "= EXCEPTION TO EXPECTED OR INTENDED IN- JURY EXCLUSION The following replaces Exclusion a., Expected Or Intended Injury, in Paragraph 2., of SECTION 1— �= COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: a. Expected Or Intended Injury Or Damage "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 rea- sonable force to protect any person or property. K. Blanket Additional Insured — Persons Or Or- ganizations For Your Ongoing Operations As Required By Written Contract Or Agreement L. Blanket Additional Insured — Broad Form Vendors M. Who Is An Insured — Unnamed Subsidiaries N. Who Is An Insured — Liability For Conduct Of Unnamed Partnerships Or Joint Ventures O. Medical Payments — Increased Limits P. Contractual Liability — Railroads Q. Knowledge And Notice Of Occurrence Or Of- fense R. Unintentional Omission S. Blanket Waiver Of Subrogation B. NON -OWNED WATERCRAFT LESS THAN 75 FEET The following replaces Paragraph (2) of Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge. C. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g.,. Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION wskMougowdDivwan CG D417 01 12 ®2012 The Travelers Indemnity Company. All rights reserved. r'C •' REAEwED6APPRDv®9Y: Includes copyrighted material of Insurance Services Office, Inc. with its permissio el. ', M� R. Utl wd 001357 �Risk Management Analyst I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge. D. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Para- graph 2. of SECTION 1 — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. 2. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABIL- ITY: Exclusions c., g. and h., and Paragraphs (1), (3) and (4) of Exclusion j., do not apply to "premises damage". Exclusion f.(1)(a) does not apply to "premises damage" caused by fire unless Exclusion f. of Section I — Cover- age A — Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion - All Pollution Injury Or Damage or Total Pollution Exclusion in its title. A separate limit of insur- ance applies to "premises damage" as de- scribed in Paragraph 6. of Section III — Limits Of Insurance. 3. The following replaces Paragraph 6. of SEC- TION III — LIMITS OF INSURANCE: 6. Subject to S. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract"; S. The following is added to the DEFINITIONS Section: "Premises damage" means "property dam- age" to: a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4.b.(1)(b) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for "premises damage"; or 7. Paragraph 4.b.(1)(c) of SECTION IV — COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. E. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION 1 — COVER- AGES: b. Up to $2.500 for cost of bail bonds re- quired because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: d. 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. Page 2 of 6 C 2012 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance services Office, Inc. with its permissioi 1 RA Mougaiwd Division s� ltrMEWM&APPRWDBY Ruk Management Matyst :> COMMERCIAL GENERAL LIABILITY F. WHO IS AN INSURED — EMPLOYEES AND VOLUNTEER WORKERS — FIRST AID 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an act or omission committed by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor, in providing or failing to provide first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 2.a.(1) of SECTION II —WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1 )(a), (b), (c) and (d) above do not apply to "bodily injury' arising out of pro- viding or failing to provide first aid or "Good Samaritan services" by any of your "employ- ees" or "volunteer workers", other than an employed or volunteer doctor. Any of your "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samari- tan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 3. The following is added to Paragraph S. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed by any of your "employ- ees" or "volunteer workers" in providing or failing to provide first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following is added to the DEFINITIONS Section: "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. G. WHO IS AN INSURED — EMPLOYEES — SU- PERVISORY POSITIONS The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above do not apply to "bodily injury" or "personal injury' to a co - "employee" in the course of the co -"employee's" employment by you arising out of work by any of your "employees" who hold a supervisory posi- tion. H. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION II — WHO IS AN INSURED of the Commercial General Liability Coverage Form, and Paragraph 3. of SECTION II — WHO IS AN INSURED of the Global Companion Commercial General Liability Coverage Form, to the extent such coverage forms are part of your policy: Any organization you newly acquire or form, other than a partnership or joint venture, of which you are the sole owner or in which you maintain the majority ownership interest, will qualify as a Named Insured if there is no other insurance which provides similar coverage to that organiza- tion. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal in- jury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. I. BLANKET ADDITIONAL INSURED — OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor is an insured, but only with respect to liability arising out of the owner- ship, maintenance or use of that part of any prem- ises leased to you. The insurance provided to such premises owner, manager or lessor doe CG D4 17 01 12 C 2012 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office. Inc. with its permissit 001358 r '. RAMVWgemwdDl*,on RetnEwm6Mr1x.w®Bv' �. Risk Management Analyst .,4 COMMERCIAL GENERAL LIABILITY a. Any "bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury" or "advertising injury' caused by an offense that is committed, after you cease to be a tenant in that premises; or b. Structural alterations, new construction or demolition operations performed by or on be- half of such premises owner, manager or les- sor. J. BLANKET ADDITIONAL INSURED — LESSORS OF LEASED EQUIPMENT The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is an equipment lessor is an insured, but only with respect to liabil- ity for "bodily injury', "property damage". "per- sonal injury' or "advertising injury" caused, in whole or in part, by your acts or omissions in the maintenance, operation or use by you of equip- ment leased to you by such equipment lessor. The insurance provided to such equipment lessor does not apply to any "bodily injury' or "property damage" caused by an "occurrence" that takes place, or "personal injury' or "advertising injury' caused by an offense that is committed, after the equipment lease expires. K. BLANKET ADDITIONAL INSURED — PERSONS OR ORGANIZATIONS FOR YOUR ONGOING OPERATIONS AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is not otherwise an insured under this Coverage Part and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" that: a. Is caused by an "occurrence" that takes place after you have signed and executed that con- tract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the performance of your ongoing operations to which that contract or agree- ment applies or the acts or omissions of any person or organization performing such op- erations on your behalf. L. BLANKET ADDITIONAL INSURED — BROAD FORM VENDORS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a vendor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury" or "property damage" that: a. Is caused by an "occurrence" that takes place after you have signed and executed that con- tract or agreement; and b. Arises out of "your products" which are dis- tributed or sold in the regular course of such vendor's business. The insurance provided to such vendor is subject to the following provisions: a. The limits of insurance provided to such ven- dor will be the limits which you agreed to pro- vide in the written contract or agreement, or the limits shown in the Declarations, which- ever are less. b. The insurance provided to such vendor does not apply to: (1) Any express warranty not authorized by you; (2) Any change in "your products" made by such vendor; (3) 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; (4) Any failure to make such inspections, ad- justments, tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business, in connection with the distribution or sale of "your products"; (5) Demonstration, installation, servicing or repair operations, except such operations performed at such vendor's premises in connection with the sale of "your prod- ucts"; or The limits of insurance provided to such insured (6) "Your products" which, after distribution will be the limits which you agreed to provide in or sale by you, have been labeled or re - the written contract or agreement, or the limits labeled or used of a container, part in - the shown in the Declarations, whichever are less. gredient of any other thing or substance by or on behalf of such vendor. ,ss P.(ek MnugamltlNddon Page 4 of 6 ® 2012 The Travelers Indemnity company. All rights reserved. �� • REvEwm n APPROVED BY. Includes copyrighted material of Insurance services Office, Inc. with its permissio \ll11.11.li,L? FIU : Z Wiivwer• Risk Management Analyst Coverage under this provision does not apply to: a. Any person or organization from whom you have acquired "your products", or any ingre- dient, part or container entering into, accom- panying or containing such products; or b. Any vendor for which coverage as an addi- tional insured specifically is scheduled by en- dorsement. M. WHO IS AN INSURED — UNNAMED SUBSIDI- ARIES The following is added to SECTION II — WHO IS AN INSURED: Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named In- sured in the Declarations is a Named Insured if. a. You maintain an ownership interest of more than 50% in such subsidiary on the first day of the policy period; and b. Such subsidiary is not an insured under simi- lar other insurance. No such subsidiary is an insured for "bodily injury' or "property damage" that occurred, or "personal injury" or "advertising injury' caused by an of- fense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership in- terest of more than 50% in such subsidiary. N. WHO IS AN INSURED — LIABILITY FOR CON- DUCT OF UNNAMED PARTNERSHIPS OR JOINT VENTURES The following replaces the last paragraph of SECTION 11— WHO IS AN INSURED: No person or organization is an insured with re- spect to the conduct of any current or past part- nership or joint venture that is not shown as a Named Insured in the Declarations. This para- graph does not apply to any such partnership or I oint venture that otherwise qualifies as an in- sured under Section 11— Who Is An Insured. O. MEDICAL PAYMENTS — INCREASED LIMITS The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: (a) $10,000;or COMMERCIAL GENERAL LIABILITY (b) The amount shown on the Declarations of this Coverage Part for Medical Expense Limit. P. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contrail' in the DEFINITIONS Section is de- leted. Q. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV — COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II — Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known to you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your trustees who is an individual (if you are a trust), any of your "executive officers" or directors (if you are an organization other than a partnership, joint venture, limited liability company or trust) or any "employee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture, lim- ited liability company or trust, and none of your partners, joint venture members, managers or trustees are individuals, no- tice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known by: (a) Any individual who is: (i) A partner or member of any part- nership or joint venture; (11) A manager of any limited liability company; CG D4 17 0112 O 2012 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance services Office, Inc. with its permissio 001359 $REMEWED .wtfE) BY. ' �' Rsk Management Analyst :!'4 COMMERCIAL GENERAL LIABILITY (III) A trustee of any trust; or (iv) An executive officer or director of any other organization; that is your partner, joint venture member, manager or trustee; or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company, trust or other organi- zation to give notice of an "occur- rence" or offense. (3) Notice to us of such "occurrence" or of- fense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as prac- ticable after any of the persons described in Paragraphs e. (1) or (2) above discov- ers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this policy includes an endorse- ment that provides limited coverage for "bod- ily injury" or "property damage" or pollution costs arising out of a discharge, release or escape of "pollutants" which contains a re- quirement that the discharge, release or es- cape of "pollutants" must be reported to us within a speck number of days after its abrupt commencement, this Paragraph e. does not affect that requirement. R. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional er- ror in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect addi- tional premium or to exercise our rights of cancel- lation or nonrenewal in accordance with applica- ble insurance laws or regulations. S. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of: a. "Bodily injury" or "property damage" caused by an "occurrence" that takes place; or b. "Personal injury" or "advertising injury" caused by an offense that is committed; subsequent to the execution of the contract or agreement. „ RWeMetnganmtlxsieion Page 6 of 6 C 2012 The Travelers Indemnity Company. All rights reserved. ;ig I ��' REVIEwm& APPRw®9e Includes copyrighted material of Insurance Services Office, Inc. with its permission F � Z. V:.ucMd Risk Management Anayst MAYOR Vicente Sanniento MAYOR PRO TEM David Penaloza COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan June 17, 2021 CITY OF SANTA ANA LIBRARY SERVICES 26 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www. Santa -a na.orc/li brary To: Emergency Connectivity Fund ("Service Providers") Emergency Connectivity Fund ("Vendor") Emergency Connectivity Fund (" LISAC") Re: Letter of Agency and Representation To Whom It May Concern: CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez On this date, the herein referenced City of Santa Ana ("Entity') has authorized Infinity Communications & Consulting, Inc. ("Infinity') to act on behalf of Entity for all matters associated with Entity's Emergency Connectivity Fund filing for eligible equipment and services. Entity specifically authorize Infinity staff to obtain any and all account information or any other documentation Infinity deems necessary for purposes pertaining to the Entity's Emergency Connectivity Fund filing related to advanced telecommunications and information services and connected devices of the Entity, including those involving record keeping, reimbursement, and services supplied by the Service Providers, Vendors, and Contractors to the Entity. Entity also authorizes Infinity to represent Entity in all matters regarding the Emergency Connectivity Fund when these organizations need information from the Entity and/or when the Entity needs to communicate to these organizations. Further, Entity appoints Infinity as Entity's representative to act in Entity's place for the purposes of: (A) receiving information from the vendors and Service Providers associated with Emergency Connectivity Fund on behalf of the Entity regarding advanced telecommunications and information services and connected devices; (B) negotiating for services from vendors and Service Providers, associated with Emergency Connectivity Fund on behalf of the Entity regarding advanced telecommunications and information services and connected devices; and (C) executing vendor and Service Providers Emergency Connectivity Fund form(s) and contract(s) on behalf of the Entity regarding advanced telecommunications and information services and connected devices. This Letter of Agency and Representation shall remain in effect until 06/30/2022 or with written notice of cancellation from the Entity, whichever comes first. If you have any questions regarding the above authorization, please feel free to contact me at bsternberg@santa-ana.org or 714-647-5296. Thank you, Kristine Ridge City Manager City of Santa Ana SANTA ANA CITY COUNCIL Vicente Sarmienlo Janis Penaloza Thal Viet Phan Jessie Lopez Phil Bache Johnalhan Ryan Hemandez Nellda Mendoza Mayor Mayor Pro Tem, Ward 2 Ward Ward Ward Ward Ward vsavnient90santa-anaord doenalozaVsanla-anaom tpinghasanae-anaem lessalooeznsantseanaom Pbaceoaasanla-anaom 'rvanhemandez0lsantaanaom nmendoza(dsante- Digitally signed by Francine R. Francine R. Villareal Villareal Date: 2021.07.01 16:31:41 -0700' / ACCOR " CERTIFICATE OF LIABILITY INSURANCE FDATE'MM/DD/YYYY) 06/17/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Stacey Campbell NAME: KIA Insurance Associates, Inc. a/c Nr o (661) 835-4542 (661) 835-4500 (FAX Ext : , No): License # OL78680 E-MAIL scampbell@kernins.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # P.O. Box 11390 Bakersfield CA 93389-1390 INSURERA: Travelers Casualty Insurance Co of America 19046 INSURED INSURER B : Travelers P & C Co America 25674 Infinity Communications & Consulting, Inc. INSURER C: National Fire Insurance of Hartford 20478 P.O. Box 999 INSURER D : Certain Underwriter at Lloyds INSURER E Bakersfield CA 93302 INSURER F COVERAGES CERTIFICATE NUMBER: 21-22 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 INSD WVD POLICY NUMBER POLICY EFF MWDD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES SES Ea o.urrrence $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 2,000,000 A 680001J742131 02/17/2021 02/17/2022 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY ❑ PRO ❑ LOC JECT PRODUCTS-COMP/OP AGG $ 4'000'000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS BA91\1276397 20 10/24/2020 10/24/2021 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED �/ NON -OWNED AUTOS ONLY X AUTOS ONLY Uninsured motorist $ 1,000,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE 2,000,000 $ HCLAIMS-MADE AGGREGATE $ 2,000,000 B EXCESS LIAB CUP002J348555 02/17/2021 02/17/2022 DED I I RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABI LI TY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA WC 4 18266026 07/01/2021 07/01/2022 SPTER X1 EORH 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 1,000,000 $ D Professional Liability -claims made including Cyber Liability INT166518 08/19/2020 08/19/2021 per claim aggregate 2,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Santa Ana Public Library. The City of Santa Ana, Risk Management 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representative are named as additional insureds and coverage is primary and non-contributory for General Liability per written contract and attached endorsements. 30 days notice of cancellation applies except for non-payment of premium CERTIFICATE HOLDER CANCELLATION City of Santa Ana Risk Management Division 20 Civic Center Plaza 4th Flr Santa Ana ACORD 25 (2016/03) 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 @ 1988-2015 The ACORD name and logo are registered marks of ACORD �oRaN Risk ManagementDivisian REVIEWED & APPROVED BY.- o z Risk Management Analyst COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-1J742131-21-42 ISSUE DATE: 12/31/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED (Includes Products -Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS AND COVERED OPERATIONS NAME OF PERSON OR ORGANIZATION: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA M-23 SANTA ANA CA 92702 PROJECT/LOCATION OF COVERED OPERATIONS: SANTA ANA PUBLIC LIBRARY PROVISIONS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization shown in the Schedule Of Additional Insureds And Covered Operations that you agree in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only: a. With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. If, and only to the extent that, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" on or for the project, or at the location, shown in the Schedule Of Additional Insureds And Covered Operations, to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III — Limits Of Insurance. b. The insurance provided to such additional insured does not apply to: (1) Any "bodily injury", "property damage" or "personal injury" arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, including: CG D2 47 04 19 © 2018 The Travelers Indemnity Company. All rights reserved. �oRaN Risk MwagemerdDi sinrt REVIEWED & APPROVED BY. - Risk Management Analyst COMMERCIAL GENERAL LIABILITY (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable of an 'occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the 'occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the 'occurrence" or offense. (2) If a claim is made or "suit" is brought against the additional insured: (a) Immediately record the specifics of the claim or "suit" and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable. (3) Immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. (4) Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., Other Insurance, of Section IV — Commercial General Liability Conditions. Page 2 of 2 © 2018 The Travelers Indemnity Company. All rights reserved. �oRaN RiskMwagemerdDivisinn REVIEWED & APPROVED BY. - Risk Management Analyst POLICY NUMBER: 680-1,T742131-21-42 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 12/31/2020 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA M-23 SANTA ANA CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 �oRaN RAMmaganadDMsiun REVIEWED & APPROVED BY. - Risk Management Analyst COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -- This endorsement broadens coverage. However, coverage for any injury; damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another- endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy. carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed ,by .you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in an "em- ployee's" name, with your permission, while H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: CA T4 24 02 15 © 2015 The Travelers Indemnity company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permissi ��oRaN } r RiskMwagemerdDivislnn REVIEWED & APPROVED BY.- p R. Vj&wd Risk Management Analyst COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We d❑ not have to furnish these bonds.. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph CA. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability. Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss", or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like Kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5), This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ili — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph CA.b. of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph .A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. Page 2 of 3 O 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permissi, 001521 �ortaN RiskMwagemerdDiAsfan REVIEWED & APPROVED BY. - His k Management Analyst COMMERCIAL AUTO K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto' for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- , ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor;. (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 02 15 9 2015 The Travelers Indemnity Company. Ali rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permissic �oRaN RiskMwagemerdDivislnrt REVIEWED & APPROVED BY. - Risk Management Analyst COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TECHNOLOGY XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force Property Damage — Ex- ception To Expected Or Intended Injury Ex- clusion B. Non -Owned Watercraft Less Than 75 Feet C. Aircraft Chartered With Pilot D. Damage To Premises Rented To You E. Increased Supplementary Payments F. Who Is An Insured — Employees And Volun- teer Workers — First Aid G. Who Is An Insured — Employees -- Supervi- sory Positions H. Who Is An Insured — Newly Acquired Or Formed Organizations I. Blanket Additional Insured —Owners, Manag- ers Or Lessors Of Premises J. Blanket Additional Insured — Lessors Of Leased Equipment PROVISIONS A. REASONABLE FORCE PROPERTY DAMAGE — EXCEPTION TO EXPECTED OR INTENDED IN- JURY EXCLUSION The following replaces Exclusion a„ Expected Or Intended Injury, in Paragraph 2., of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: a. Expected Or Intended Injury Or Damage "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 rea- sonable force to protect any person or property. K. Blanket Additional Insured — Persons Or Or- ganizations For Your Ongoing Operations As Required By Written Contract Or Agreement L. Blanket Additional Insured — Broad Form Vendors M. Who Is An Insured — Unnamed Subsidiaries N. Who Is An Insured — Liability For Conduct Of Unnamed Partnerships Or Joint Ventures O. Medical Payments — Increased Limits P. Contractual Liability — Railroads Q. Knowledge And Notice Of Occurrence Or of- fense R. Unintentional Omission S. Blanket Waiver Of Subrogation B. NON -OWNED WATERCRAFT LESS THAN 75 FEET The following replaces Paragraph (2) of Exclusion g.. Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge. C. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g.,. Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION CG D4 17 01 12 0 2012 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office. Inc. with its permissic 001357 �ortaN o 'i'': �°i RiskMmWmedDMsfan REVIEWED & APPROVED SY. ��_ Risk Management Analyst COMMERCIAL GENERAL LIABILITY I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge. D. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Para- graph 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. 2. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABIL- ITY: Exclusions c., g. and h., and Paragraphs (1), (3) and (4) of Exclusion j., do not apply to "Premises damage". Exclusion L(1)(a) does not apply to "premises damage" caused by fire unless Exclusion f. of Section I — Cover- age A — Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion - All Pollution Injury or Damage or Total Pollution Exclusion in its title. A separate limit of insur- ance applies to "premises damage" as de- scribed in Paragraph 6. of Section III — Limits OF Insurance. 3. The following replaces Paragraph 6. of SEC- TION III — LIMITS OF INSURANCE: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part.. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract"; S. The following is added to the DEFINITIONS Section: "Premises damage" means "property dam- age" to: a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4.b.(1)(b) of SECTION IV -- COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for "premises damage"; or 7. Paragraph 4.b.(1)(c) of SECTION IV — COMMERCIAL GENERAL LIABILITY COW DITIONS is deleted. E. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: b. Up to $2,504 for cost of bail bonds re- quired because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds.. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: d. 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 $SOO a day because of time off from work. Page 2 of 6 (9 2012 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permissioi �ortaN RiskMmagemerdDMsinn REVIEWED & APPROVED BY. - z Risk Management Analyst COMMERCIAL GENERAL LIABILITY 0 0 0 0 b� 001358 F. WHO IS AN INSURED — EMPLOYEES AND VOLUNTEER WORKERS — FIRST AID 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an act or omission committed by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor, in providing or failing to provide first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1 )(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of pro- viding or failing to provide first aid or "Good Samaritan services" by any of your "emplop ees" or "volunteer workers", other than an employed or volunteer doctor. Any of your "'employees" or "volunteer workers" providing or failing to provide first aid or "Good Samari- tan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 3. The following is added to Paragraph 5. of SECTION iIi — LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed by any of your "employ- ees" or "volunteer workers" in providing or failing to provide first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following is added to the DEFINITIONS Section: "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. G. WHO IS AN INSURED — EMPLOYEES — SU- PERVISORY POSITIONS your "employees" who hold a supervisory posi- tion. H. WHO IS AN INSURED -- NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION II — WHO IS AN INSURED of the Commercial General Liability Coverage Form, and Paragraph 3. of SECTION II — WHO IS AN INSURED of the Global Companion Commercial General Liability Coverage Form, to the extent such coverage forms are part of your policy: Any organization you newly acquire or form, other than a partnership or joint venture, of which you are the sole owner or in which you maintain the majority ownership interest, will qualify as a Named Insured if there is no other insurance which provides similar coverage to that organiza- tion. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal in- jury' or "advertising injury" arising out of an offense committed before you acquired or formed the organization.. I. BLANKET ADDITIONAL INSURED — OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION iI — WHO IS AN INSURED: The following is added to Paragraph 2.a.(1) of Any person or organization that is a premises SECTION II — WHO IS AN INSURED: owner, manager or lessor is an insured, but only with respect to liability arising out of the owner - Paragraphs (1)(a), (b) and (c) above do not apply ship, maintenance or use of that part of any prem- to "bodily injury" or "personal injury'" to a co- ises leased to you. "employee" in the course of the co -"employee's" The insurance provided to such premises owner, employment by you arising out of work by any of manager or lessor doe /�oRaN�e RiskManagzmerdDiAsian CG D417 41 12 C 2012 The Travelers Indemnity Company. All rights reserved. 3 RE�AEWED & APPROVED BY. - Includes copyrighted material of Insurance Services Office, Inc. with its permissi Risk Management Analyst COMMERCIAL GENERAL LIABILITY a. Any "bodily injury"' or "property damage" caused by an "occurrence" that takes place, or "personal injury" or "advertising injury" caused by an offense that is committed, after you cease to be a tenant in that premises, or b. Structural alterations, new construction or demolition operations performed by or on be- half of such premises owner, manager or les- sor. J. BLANKET ADDITIONAL INSURED — LESSORS OF LEASED EQUIPMENT The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is an equipment lessor is an insured, but only with respect to liabil- ity for "bodily injury", "property damage". "per- sonal injury" or "advertising injury' caused, in whole or in part, by your acts or omissions in the maintenance, operation or use by you of equip- ment leased to you by such equipment lessor. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury" or "advertising injury" caused by an offense that is committed, after the equipment lease expires. K. BLANKET ADDITIONAL INSURED — PERSONS OR ORGANIZATIONS FOR YOUR ONGOING OPERATIONS AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to SECTION 11 — WHO IS AN INSURED: Any person or organization that is not otherwise an insured under this Coverage Part and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" that: a. Is caused by an "occurrence" that takes place after you have signed and executed that con- tract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the performance of your ongoing operations to which that contract or agree- ment applies or the acts or omissions of any person or organization performing such op- erations on your behalf. The limits of insurance provided to such insured will be the limits which you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. L. BLANKET ADDITIONAL INSURED — BROAD FORM VENDORS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a vendor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury" or "property damage" that: a. Is caused by an "occurrence" that takes place after you have signed and executed that con- tract or agreement; and b. Arises out of "your products" which are dis- tributed or sold in the regular course of such vendor's business. The insurance provided to such vendor is subject to the following provisions: a. The limits of insurance provided to such ven- dor will be the limits which you agreed to pro- vide in the written contract or agreement, or the limits shown in the Declarations, which- ever are less.. b. The insurance provided to such vendor does not apply to: (1) Any express warranty not authorized by you; (2) Any change in "your products" made by such vendor; (3) 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; (4) Any failure to make such inspections, ad- justments, tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business, in connection with the distribution or sale of "your products"; (5) Demonstration, installation, servicing or repair operations, except such operations performed at such vendor's premises in connection with the sale of "your prod- ucts"; or (6) "Your products" which, after distribution or sale by you, have been labeled or re- labeled or used as a container, part or in- gredient of any other thing or substance by or on behalf of such vendor. Page 4 of 6 @ 2012 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of insurance Services Office, Inc. with its permissior ��ortaN o _.� ,', c°i RiskMwagemerdDiviainn REVIEWED & APPROVED BY.- q� :n.R �_ Risk Management Analyst COMMERCIAL GENERAL LIABILITY Coverage under this provision does not apply to: a. Any person or organization from whom you have acquired "your products", or any ingre- dient, part or container entering into, accom- panying or containing such products; or b. Any vendor for which coverage as an addi- tional insured specifically is scheduled by en- dorsement. M. WHO IS AN INSURED — UNNAMED SUBSIDI- ARIES The following is added to SECTION 11 — WHO IS AN INSURED: Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named In- sured in the Declarations is a Named Insured if. a. You maintain an ownership interest of more than 50% in such subsidiary on the first day of the policy period; and b. Such subsidiary is not an insured under simi- lar other insurance. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred. or "personal injury" or "advertising injury' caused by an of- fense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary, or b. After the date, if any, during the policy period that you no longer maintain an ownership in- terest of more than 50% in such subsidiary.. N. WHO IS AN INSURED — LIABILITY FOR CON- DUCT OF UNNAMED PARTNERSHIPS OR JOINT VENTURES The following replaces the last paragraph of SECTION II — WHO IS AN INSURED: No person or organization is an insured with re- spect to the conduct of any current or past part- nership or joint venture that is not shown as a Named Insured in the Declarations. This para- graph does not apply to any such partnership or joint venture that otherwise qualifies as an in- sured under Section II —Who Is An Insured. O. MEDICAL PAYMENTS — INCREASED LIMITS The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: (a) $10,000; or (b) The amount shown on the Declarations of this Coverage Part for Medical Expense Limit. P. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is de- leted. Q. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV — COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section 11— Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known to you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your trustees who is an individual (if you are a trust), any of your "executive officers" or directors (if you are an organization other than a partnership, joint venture, limited liability company or trust) or any "employee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture, lim- ited liability company or trust, and none of your partners, joint venture members, managers or trustees are individuals, no- tice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known by: (a) Any individual who is: (i) A partner or member of any part- nership or joint venture; (ii) A manager of any limited liability company; CG D417 01 12 0 2012 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office. Inc. with its permissio 001359 �orzaN,, 3r� ° ��_ Risk MwagemerttDMsfan REVIEWED & APPROVED BY.- Risk Management Analyst COMMERCIAL GENERAL LIABILITY (iii) A trustee of any trust; or (iv) An executive officer or director of any other organization; that is your partner, joint venture member, manager or trustee; or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company, trust or other organi- zation to give notice of an "occur- rence" or offense. (3) Notice to us of such "occurrence" or of- fense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as prac- ticable after any of the personas described in Paragraphs e. (1) or (2) above discov- ers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this policy includes an endorse- ment that provides limited coverage for "bod- ily injury" or "property damage" or pollution costs arising out of a discharge, release or escape of "pollutants" which contains a re- quirement that the discharge, release or es- cape of "Pollutants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that requirement. R. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional er- ror in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect addi- tional premium or to exercise our rights of cancel- lation or nonrenewal in accordance with applica- ble insurance laws or regulations. S. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of: a. "Bodily injury" or "property damage" caused by an "occurrence" that takes place; or b. "Personal injury' or "advertising injury" caused by an offense that is committed; subsequent to the execution of the contract or agreement. Page 6 of 6 C 2012 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission �ortaN ?9 RiskMwagzmerdDiviainrt REVIEWED & APPROVED BY.- o Risk Management Analyst Tori Pierson Dig to Iy signed by Tor! Pie rson Date: 2021.09.22 1006:39-07'00' / A� " CERTIFICATE OF LIABILITY INSURANCE F7A (MM/DD/YYYY) 08/19/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Stacey Campbell NAME: KIA Insurance Associates, Inc. a/c Nr o (661) 835-4542 (661) 835-4500 (FAX Ext : , No): License # OL78680 E-MAIL scampbell@kernins.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # P.O. Box 11390 Bakersfield CA 93389-1390 INSURERA: Travelers Casualty Insurance Co ofAmerica 19046 INSURED INSURER B : Travelers P & C Co America 25674 Infinity Communications & Consulting, Inc. INSURER C: National Fire Insurance of Hartford 20478 P.O. Box 999 INSURER D : Houston Casualty Company 42374 INSURER E Bakersfield CA 93302 INSURER F COVERAGES CERTIFICATE NUMBER: 21-22 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 INSD WVD POLICY NUMBER POLICY EFF MWDD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 2,000,000 A 680001J742131 02/17/2021 02/17/2022 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY ❑ PRO ❑ LOC JECT PRODUCTS-COMP/OP AGG $ 4'000'000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS BA91\1276397 20 10/24/2020 10/24/2021 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 X AGGREGATE $ 2,000,000 B EXCESS LAB CLAIMS -MADE CUP002J348555 02/17/2021 02/17/2022 DED I I RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABI LI TY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A WC418266026 07/01/2021 07/01/2022 ER /� STATUTE EORH 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 1,000,000 $ D Professional Liability -claims made including Cyber Liability H21TG31255-00 08/19/2021 08/19/2022 per claim $2,000,000 aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Santa Ana Public Library. The City of Santa Ana, Risk Management 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representative are named as additional insureds and coverage is primary and non-contributory for General Liability per written contract and attached endorsements. 30 days notice of cancellation applies except for non-payment of premium CERTIFICATE HOLDER CANCELLATION City of Santa Ana Risk Management Division 20 Civic Center Plaza 4th Flr Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. @ 1988-2015 ACORD v Risk Management �I encal Aide ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 680-1J742131-21-42 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 12/31/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED (Includes Products -Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS AND COVERED OPERATIONS NAME OF PERSON OR ORGANIZATION: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA M-23 SANTA ANA CA 92702 PROJECT/LOCATION OF COVERED OPERATIONS: SANTA ANA PUBLIC LIBRARY PROVISIONS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization shown in the Schedule Of Additional Insureds And Covered Operations that you agree in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only: a. With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. If, and only to the extent that, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" on or for the project, or at the location, shown in the Schedule Of Additional Insureds And Covered Operations, to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III — Limits Of Insurance. b. The insurance provided to such additional insured does not apply to: (1) Any "bodily injury", "property damage" or "personal injury" arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, including: CG D2 47 04 19 © 2018 The Travelers Indemnity Company. All rights reserved Rifil>,i nhiqkm ReoEwm & APPROVED BY: Risk K—g—t Cl a i-[ Aide COMMERCIAL GENERAL LIABILITY (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable of an 'occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the 'occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the 'occurrence" or offense. (2) If a claim is made or "suit" is brought against the additional insured: (a) Immediately record the specifics of the claim or "suit" and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable. (3) Immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. (4) Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., Other Insurance, of Section IV — Commercial General Liability Conditions. Page 2 of 2 © 2018 The Travelers Indemnity Company. All rights reserved. Rifil>,i Dhiakm WoEwm & APPROVED BY' Risk NFanagemens Cl eriral Aide POLICY NUMBER: 680-1J742131-21-42 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 12/31/2020 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA M-23 SANTA ANA CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Ri& Mudgmeni Dhialm ReoEwm & APPROVED BY' /QiG �[£/SP.Qf2 Risk NFanagement Cl eriral Aide COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO] COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -- This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy. carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed ,by .you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in an "em- ployee's" name, with your permission, while H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT— INCREASED LIMIT I. WAIVER OF 'DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in 13.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED The following is added to Paragraph A.'I., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE:. G�LWC.� %nu Y�Q"6 CA T4 20 02 15 0 2015 The Travelers IndemnityCompany. All rights reserved. . Includes copyrighted material of Insurance Services Office, Inc. with its permissi� �f~ Ri,k"°��9e "e `°�-iade COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION Il — COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.I. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public Toads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability. Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one „auto" that you hire, rent or borrow is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of Pike kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like Kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ili — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.1.b. of SECTION Ill — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph .A.4., Cover- age Extensions, of SECTION Ill — PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal properly which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. tauPage 2 of 3 D 2015 The Travelers Indemnity t4mSany.All reServed. RiskMngmt Cl erial Aide Includes copyrighted material of Insurance Services Office, Inc. with its permissio 001521 COMMERCIAL AUTO K. AIRBAGS The fallowing is added to Paragraph 13.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'lass" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- , ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident' or "lass", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. C.� %au �t'P�tParz CA T4 20 02 15 Q 2015 The Travelers Indemnity Company. All rights reserved. Risk Management CI erical Aide Includes copyrighted material of Insurance Services Office, Inc. with its permissia COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL] IT CAREFULLY. TECHNOLOGY (TEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening ,provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.. A. Reasonable Force Property Damage — Ex- ception To Expected Or Intended Injury Ex- clusion B. Non -Owned Watercraft Less Than 75 Feet C. Aircraft Chartered With Pilot D. Damage To Premises Rented To You E. Increased Supplementary Payments F. Who Is An Insured — Employees And Volun- teer Workers — First Aid G. Who Is An Insured — Employees — Supervi- sory Positions H. Who Is An Insured —Newly Acquired Or Formed Organizations I. Blanket Additional Insured — Owners, Manag- ers Or Lessors Of Premises J. Blanket Additional Insured — Lessors Of Leased Equipment PROVISIONS A. REASONABLE FORCE PROPERTY DAMAGE — EXCEPTION TO EXPECTED OR INTENDED IN- JURY EXCLUSION The following replaces Exclusion a., Expected Or Intended) Injury, in Paragraph 2., of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: a. Expected Or Intended Injury Or Damage "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 rea- K. Blanket Additional Insured — Persons Or Or- ganizations For Your Ongoing Operations As Required By Written Contract Or Agreement L. Blanket Additional Insured — Broad Form Vendors M. Who Is An Insured — Unnamed Subsidiaries N. Who Is An Insured — Liability For Conduct Of Unnamed Partnerships Or Joint Ventures O. Medical Payments — Increased Limits P. Contractual Liability — Railroads Q. Knowledge And Notice Of Occurrence or Of- fense R. Unintentional Omission S. Blanket Waiver Of Subrogation B. NON -OWNED WATERCRAFT LESS THAN 75 FEET The following replaces Paragraph (2) of Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge. C. AIRCRAFT CHARTERED WITH PILOT sortable force to protect any person or property. The following is added to Exclusion g.._ Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION REmEwED & Apnovm 9r: off= %nu �Cf1SAbfZ CG D417 01 12 02012 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services office. Inc. with its permissia R'sknta�ye„ro��ia�e 001357 COMMERCIAL GENERAL LIABILITY I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty far a charge. D. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Para- graph 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. 2. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I — COVERAGES -- COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABIL- ITY: Exclusions c., g. and h., and Paragraphs (1), (3) and (4) of Exclusion j., do not apply to "premises damage". Exclusion f.(1)(a) does not apply to "premises damage" caused by fire unless Exclusion f. of Section I — Cover- age A — Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion - All Pollution Injury Or Damage or Total Pollution Exclusion in its title. A separate limit of insur- ance applies to "premises damage" as de- scribed in Paragraph 6. of Section III — Limits Of Insurance. 3. The following replaces Paragraph 6. of SEC- TION III — LIMITS OF INSURANCE: 6. Subject to S. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insuredcontract"; S. The following is added to the DEFINITIONS Section: "Premises damage" means "property dam- age" to: a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4.b.(1)(b) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for "premises damage"; or 7. Paragraph 4.b.(1)(c) of SECTION IV — COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. E. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: b. Up to $2,500 for cost of bail bonds re- quired because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. 2. The following replaces. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: d. 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 $SOO a day because of time off from work. Coverage Part. R;ek ��,t nivisinn ReAEv/ED 6 APPROVED BY: Page 2 of 6 V 2012 The Travelers Indemnity Company. All rights reserved. will, 707e fPren, Includes copyrighted material of tnsurance Services Office, Inc.. with its permission Ri,I,Manage tCleir lAide COMMERCIAL GENERAL LIABILITY F. WHO IS AN INSURED — EMPLOYEES AND VOLUNTEER WORKERS — FIRST AID 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an act or omission committed by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor, in providing or failing to provide first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1 )(a), (b), (c) and (d) above d❑ not apply to "bodily injury" arising out of pro- viding or failing to provide first aid or "Good Samaritan services" by any of your "employ- ees" or "volunteer workers", other than an employed or volunteer doctor. Any of your "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samari- tan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 3. The following is added to Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed by any of your "employ- ees" or "volunteer workers" in providing or failing to provide first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following is added to the DEFINITIONS Section: "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. G. WHO IS AN INSURED — EMPLOYEES — SU- PERVISORY POSITIONS The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above d❑ not apply to "bodily injury" or "personal injury" to a co- " 1 ee" in the course of the co -I, to ee's" your "employees" who hold a supervisory posi- tion. H. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION II — WHO IS AN INSURED of the Commercial General Liability Coverage Form, and Paragraph 3, of SECTION II — WHO IS AN INSURED of the Global Companion Commercial General Liability Coverage Form, to the extent such coverage forms are part of your policy: Any organization you newly acquire or form, other than a partnership or joint venture, of which you are the sole owner or in which you maintain the majority ownership interest, will qualify as a Named Insured if there is no other insurance which provides similar coverage to that organiza- tion. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period; b, Coverage A does not apply to "bodily injury' or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal in- jury" or "advertising injury' arising out of an offense committed before you acquired or formed the organization. 1. BLANKET ADDITIONAL INSURED — OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor is an insured, but only with respect to liability arising out of the owner- ship, maintenance or use of that part of any prem- ises leased to you. emp oy p y The insurance provided employment by you arising out of work by any of manager or lessor does �� ialre 1Jll�t1P60 r CG D4 17 01 12 C 2012 The Travelers Indemnity Company. All rights reserved. includes copyrighted material of Insurance Services Office. Inc. with its permissia ftisknrtanage enrn�-iade 001358 COMMERCIAL GENERAL LIABILITY a.. Any "bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury" or "advertising injury" caused by an offense that is committed, after you cease to be a tenant in that premises, or b. Structural alterations, new construction or demolition operations performed by or on be- half of such premises owner, manager or les- sor. J. BLANKET ADDITIONAL INSURED — LESSORS OF LEASED EQUIPMENT The following is added to SECTION iI — WHO IS AN INSURED: Any person or organization that is an equipment lessor is an insured, but only with respect to liabil- ity for "bodily injury", "property damage", "per- sonal injury" or "advertising injury" caused, in whole or in part, by your acts or omissions in the maintenance, operation or use by you of equip- ment leased to you by such equipment lessor. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury" or "advertising injury' caused by an offense that is committed, after the equipment lease expires. K. BLANKET ADDITIONAL INSURED — PERSONS OR ❑RGANIZATiONS FOR YOUR ONGOING OPERATIONS AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to SECTION II — WHO iS AN INSURED: Any person or organization that is not otherwise an insured under this Coverage Part and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" that: a. Is caused by an "occurrence" that takes place after you have signed and executed that con- tract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the performance of your ongoing operations to which that contract or agree- ment applies or the acts or omissions of any person or organization performing such op- erations on your behalf. L. BLANKET ADDITIONAL INSURED — BROAD FORM VENDORS The following is added to SECTION II -- WHO IS AN INSURED: Any person or organization that is a vendor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury" or "property damage" that: a. Is caused by an "occurrence" that takes place after you have signed and executed that con- tract or agreement; and b. Arises out of "your products" which are dis- tributed or sold in the regular course of such vendor's business. The insurance provided to such vendor is subject to the following provisions: a. The limits of insurance provided to such ven- dor will be the limits which you agreed to pro- vide in the written contract or agreement, or the limits shown in the Declarations, which- ever are less. b. The insurance provided to such vendor does not apply to: (1) Any express warranty not authorized by you; (2) Any change in "your products" made by such vendor; (3) 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; (4) Any failure to make such inspections, ad- justments, tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business, in connection with the distribution or sale of "your products"; (5) Demonstration, installation, servicing or repair operations, except such operations performed at such vendor's premises in connection with the sale of "your prod- ucts"; or The limits of insurance provided to such insured (6) "Your products" which, after distribution will be the limits which you agreed to provide in or sale by you, have been labeled or re - the written contract or agreement, or the limits labeled or used as a container, part or in - shown in the declarations, whichever are less. gredient of any other thing or substance by or on behalf c ` ",e REviEwED & APPRovED Or Page 4 of 5 0 2012 The Travelers indemnity Company. All rights reserved. of 7nse P60 ° Includes copyrighted material of Insurance Services Office. Inc. with its permission Risk Management Clef-1 Aide COMMERCIAL GENERAL LIABILITY Coverage under this provision does not apply to: a. Any person or organization from whom you have acquired "your products", or any ingre- dient, part or container entering into, accom- panying or containing such products; or b. Any vendor for which coverage as an addi- tional insured specifically is scheduled by en- dorsement. M. WHO IS AN INSURED — UNNAMED SUBSIDI- ARIES The following is added to SECTION II — WHO IS AN INSURED: Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named In- sured in the Declarations is a Named Insured if: a. You maintain an ownership interest of more than 50% in such subsidiary on the first day of the policy period; and is. Such subsidiary is not an insured under simi- lar other insurance. No such subsidiary is an insured for "bodily injury' or "property damage" that occurred. or "personal injury" or "advertising injury"' caused by an of- fense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary, or b. After the date, if any, during the policy period that you no longer maintain an ownership in- terest of more than 50% in such subsidiary. N. WHO iS AN INSURED — LIABILITY FOR CON- DUCT OF UNNAMED PARTNERSHIPS OR JOINT VENTURES The following replaces the last paragraph of SECTION II — WHO IS AN INSURED: No person or organization is an insured with re- spect to the conduct of any current or past part- nership or joint venture that is not shown as a Named Insured in the Declarations. This para- graph does not apply to any such partnership or joint venture that otherwise qualifies as an in- sured under Section II —Who Is An Insured. O. MEDICAL PAYMENTS — INCREASED LIMITS The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE; 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will (b) The amount shown on the Declarations of this Coverage Part for Medical Expense Limit. P. CONTRACTUAL LIABILITY— RAILROADS The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is de- leted. Q. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV — COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II — Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known to you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your trustees who is an individual (if you are a trust), any of your "executive officers" or directors (if you are an organization other than a partnership, joint venture, limited liability company or trust) or any "employee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture, lim- ited liability company or trust, and none of your partners, joint venture members, managers or trustees are individuals, no- tice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known by: (a) Any individual who is: (I) A partner or member of any part- nership or joint venture; be the higher of: (ii) A manager of any limited liability (a) $10,000: or compan ���'_�,.�} m REmEwED 6 A"RovOr �. %nu p6el 6 CG D417 01 12 02012 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance 'Services Office, Inc. with its permission R'sknrta�ye �„rn�-iade 001359 COMMERCIAL GENERAL LIABILITY (iii) A trustee of any trust; or (iv) An executive officer or director of any other organization; that is your partner, joint venture member, manager or trustee; or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company, trust or other organi- zation to give notice of an "occur- rence" or offense. (3) Notice to us of such "occurrence" or of- fense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as prac- ticable after any of the persons described in Paragraphs e. (1) or (2) above discov- ers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this policy includes an endorse- ment that provides limited coverage for "bod- ily injury" or "property damage" or pollution costs arising out of a discharge, release or escape of "pollutants" which contains a re- quirement that the discharge, release or es- cape of "pollutants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that requirement. R. UNINTENTIONAL OMISSION The following is added to Paragraph 8., Repre- sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS. The unintentional omission of, or unintentional er- ror in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect addi- tional premium or to exercise our rights of cancel- lation or nonrenewal in accordance with applica- ble insurance laws or regulations. S. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS; If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of a. "Bodily injury" or "property damage" caused by an 'occurrence" that takes place; or b. "Personal injury" or "advertising injury" caused by an offense that is committed; subsequent to the execution of the contract or agreement. G�L111f11Lti1.� ialre Pt'P�tParz Page G of 6 C 2012 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of insurance Services Office, Inc. with its permission. R','`"'1inagef1Pf1 O�"-'^'de TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM I SECTION I —COVERAGES Beginning on Page CovrageA— BodilwU'uryand Property Insurina Agreement....................................................... 1 Damage Liability CoverageB— PmrsonaUmnd Advertising Insuring Agreement ....................................................... b Injury Liability Coverage C— Medical Payments |nsuhngAgreemert------------------.g Exduaions----------------------..Q Supplementary Payments --------------------------------..10 SECTION U—WHO |SANINSURED ....................................................................................... 11 SECTION III — LIMITS OFINSURANCE ................................................................................... 1] SECTION K/—COMMERCIAL GENERAL LIABILITY CONDITIONS ........................................ 1] Bankruptcy----------------------------------------13 Duties |nThe Event CfOccurrence, Offense, Claim Or Suh---------------.]3 Legal Action Against Us---------------------------------..14 OtherInsurance ................................................................................................................. 15 PremiumAudit ................................................................................................................... 16 Representations -------------------------------------..1G SeparationCfInsureds ...................................................................................................... 16 Transfer Of Rights Of Recovery Against Others ToUs....................................................... 1G WhenVVeUuNot Renew ................................................................................................... 18 ReoEwm & APPROVED BY.' COMMERCIAL GENERAL LIABILITY Various provisions inthis policy restrict coverage. Read the entire policy carefully todetermine 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, and any other person ororganization qualifying asaNamed Insured under this policy. The words "we", "us" and "uur'refer tothe company providing this insurance. The word "insured" means any person mrorganization qualifying as such under Section 11 — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated hopay asdamages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty todefend the insured against any "suit" seeking those damages. Hmvvever, we will have no duty to defend the insured against any "suit' seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or"suit'that may result. But: (1) The amount we will pay for damages is limited as described in Section UUU— Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "bodily injury' and "property damage" only if: (1) The "bodily injury" or"property is caused byan"occunence"that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior tothe policy period, no insured listed under Paragraph 1. of Section UU —VVho 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 occuned, in whole or in part. If such a listed insured orauthorized "emp|oyee"knew, prior tothe policy period, that the "bodily injury" or "property damage" occurned, then any conbnuadon, change or resumption of such "bodily injury" or "property damage" during orafter the policy period will bedeemed U» have been known prior hothe policy period. c~ "Bodily injury" or "property which occurs during the poky period and was not prior to the policy period. known to have occurred bvany insured listed under Paragraph 1, of Section || — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any condnuadon, change or resumption of that "bodily injury" or "property damage" after the end nfthe policy period. o. "Bodily injury" or "property will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section UU—VVho Is An Insured mrany "ernp|myee"authorized byyou Uz give or receive notice of an "occurrence" or (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or"property damage"; or (3) Becomes aware bvany other means that "bodily injury" or "property damage" has occurred nrhas b ReoEwm & APPROVED BY.' CG T1 0002 19 @umrThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material nfInsurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY e. Damages because of "bodily injury" include damages claimed byany person ororganization for care. loss of services or death resulting at any time from the "bodily injury". This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or"property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury' "propertyor damage" resulting from the use of reasonable force toprotect persons orproperty. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract oragreement. This exclusion does not apply toliability for damages: (1) That the insured vvmu|d have in the absence ofthe contract oragreement; or (2) Assumed in a contract mragreement that is an "insured contnact', provided that the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement, Solely for the purposes of liability assumed in an "insured contnact', reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of "bodily injury" or "property damage",provided that: (a) Liability to such party for, or for the cost of, that pady's defense has also been assumed in the same "insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. "Bodily injury" or "property damage" for which any insured maybe held liable byreason of: (1) Causing or contributing to the intoxication ofany person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence nfalcohol; nr Page 2 of 21 (3) Any statuta, ordinance or regulation relating to the saha, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, sd|ing, serving or furnishing alcoholic beverages. For the purposes of this exc|usinn, permitting a person to bring alcoholic beverages on your premises, for consumption on your pnamnises, whether ornot ahse is charged or license is required for such activi1y, is not by itself considered the business of seUing, 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 mrany similar e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment bythe insured; or (b) Performing dudes related to the conduct ofthe insured'sbusiness; or (2) The spouse' chUd, parent brother or sister of that "employee" as a consequence of Paragraph (1)above. This exclusion applies whether the insured may beliable asanemployer mrinany other capacity and hoanynb|igahonho share damages with or repay someone else who must pay damages because ofthe injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharga, dispersa|, seepaga, migradon, 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: (W "Bodily injury" U sustained within a building and caused by smoke, fumes' va--- -- ---^ ---A'--^ `' or original @umrThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material nfInsurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY is used toheat, cool mdehumidify to perform the normal electrical, the building, or produced by or hydraulic or mechanical functions originating from equipment that is necessary for the operation of used to heat water for personal "mobile equipment' or its parts, if use by the building's occupants or such fuels, lubricants or other their guests; operating fluids escape from a (iW "Bodily injury" or "ProPe"propertyvehidepa�designedtoho|d' Y — �hmns damage" for which you may be or receive them. This inn —'--'~ does not appk�the "bmdikinjury" held liable, � you are � contractor or "property damage" arises out of and the owner or lessee of such the intentional discharge,dispersal premises' site or location has been or release of the fuels, lubricants added to your policy as an -' orifsuch additionaloroth�rope�dingOuid on�| insured with respect to lubricants fuels,lubricants or other operating your ongoing operations performed fluids are brought on or to the for that additional insured at that premises, ��e or|o��dionwkh�he ' premises,site or location and such intent that they be discharged, ' premises,site or location is not part of dispersed or released as p� and never was owned or occupied the operations being performed by by, or rented or loaned to, any such insured,contractor or insured' other than that additional subcontractor; insured; or (iiW"Bodik/ injury" or "property (UU) "Bodily injury" or "property damage" arising out of heat' damage" sustained within a smoke or fumes from a "hostile building and caused by the release fire"; of gases, fumes or vapors from (b) At or from any pnemises, site or materials brought into that building location which is or was at any time inconnection with operations being used by or for any insured or others for performed by you or on your behalf the hand|ing, storage, disposa|, by contractor orsubcontractor; or processing ortreatment ofwaste; �) If such "pollutants" are or were at any ' (UUA)"Bodik/ injury" or "property d~ '�m�ge" arising out of heat, transported, handled, stored, smoke or fumes from a "hostile treated, disposed o[ or processed as fire";or waste by or for: (I) Any insured; or (e) At or from any pnemises, site or (�N Any person or organization for location on which any insured or any whom you may be legally contractors or subcontractors working responsible;directly ' or indirectly on any insu»ed's behalf are or were at any time (d) At or from any pnamises, site or performing operations to bast for. location on which any insured or any monitor, dean up' nemove, contain, contractors or subcontractors working tneat, detoxify or neutra|ize, or in any directly or indirectly on any insuved's way respond to, orassess the effects behalf are performing operations if the of, "pollutants". "pollutants" are brought on or to the premises, site or location in connection (2) Any |oss, cost or expense arising out of with such operations by such insuned, any: contractor or subcontractor. However, this subparagraph does not appk/ho� Request, (�� Requ��d�and.order orstatutory or ' regulatory requirement that any insured (I) "Bodily injury" or "property or others test for, mmni0or, dean up, damage" arising out of the escape remove, contain, traat, detoxify or of fuels, lubricants or other neutralize, orinany way respond to, or operating fluids which are needed assess the effi CIS T1 0002 19 @uo1rThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material nfInsurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (b) Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring' cleaning up, nsmoving, containing, tneadng, detoxifying or neutna|izing, or in any way responding to, or assessing the effects of, "pollutants". g. Aircraft, Auto Or Watercraft "Bodily injury" or "property arising out of the ownership, rnaintenance, use or h entrustment to others of any aircraft. "auto" or watercraft owned or operated by or rented or loaned toany insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supen/ision, hiring, employment, training or monitoring of others by that insured. if the "occurrence" which caused the "bodily injury" or"propedydamaQe"invo|ved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented mrloaned Uzany insured. This exclusion does not apply to: (1)Awatercraft while ashore onpremises you own or rent; (2) Awatercraft you donot own that is: (a) 50 feet long or less; and (b)Not being used to carry any person m property for a charge; (3) Parking an "auto" on, oronthe ways next to, premises you own or rent, provided the "auto" is not owned byorrented or loaned hmyou nrthe insured; (4) Liability assumed under any "insured contract" for the ownenship, maintenance or use ofaircraft nrwatercraft; (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify as "mobile equipment" under the definition of "mobile equipment" J such land vehicle were not subject to a compulsory or financial responsibility |aw, or other motor vehicle insurance |aw, where it is licensed or principally garaged; or Page 4 of 21 (b) The operation or equipment or f.(3) of � equipment"; or �) An aircraft that is: of any ofthe machinery listed in Paragraph Q2) /e definition of "mobile (a) Chartered with a pilot to any insured; (b) Not owned byany insured; and (c) Not being used Uzcarry any person or property for acharge. Mobile Equipment "Bodily injury" or "property damage" arising out (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demo|hjon, or stunting activity L War "Bodily injury" or"property damage" arising out of: (1) War, including undeclared orcivil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government sovereign or other authority using military personnel orother agents; or (3) |nsurmection, nebeUion, revuubun, usurped power, or action taken by governmental authority in hindering or defending against j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred byyou, orany other person, organization or enhty, for nspair, replacement, enhancement' restoration or maintenance of such property for any reason, including prevention ofinjury to a person or damage toannther'sproperty; (2) Premises you sell, give away orabandon, J the "property damage" arises out of any part ofthose premises; (4) Personal property in the r;;re- cus,odv o, ReoEwm & APPROVED BY.' @umrThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material nfInsurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (5) That particular [art of real property on accidental physical injury to "your product" or which you or any contractors or "your work" after it has been put to its intended subcontractors working directly or indirectly use. on your behalf are performing operations' � In. Recall Of Products, Work Or Impaired the "property damage" arises out of those operations; or Property 0am�gesdaimedfmrany|oss �os�mrexpen�e (G) That particular part of any property that ' incurred by or for |o�� of us� must be restored, repaired or replaced ~ ' ' withdrawal, nsca|| inspection, nepair, because ',your work" vv�a incorrectly ' ' ' ' performed nnit. ' ' replacement, adjustment, removal or disposal Paragraphs (1).(3) and (4)wfthis exclusion dm not apply to "premises damage'. A separate limit ofinsurance applies to "premises damage" as described in Paragraph 6. of Section VVV — Limits CfInsurance. Paragraph (2)ofthis exclusion does not apply if the premises are "your work" and were never occupied, rented mrheld for rental byyou. Paragraphs (3). (4). (5) and (6) of this exclusion do not apply to liability assumed under asidetrack agreement. Paragraph (6) of this exclusion does not apply to"property damage" included in the "productscompleted operations hazard". - "Property damage" hm "your product" arising out ofkmany part ofit. "Property damage" to "your work" arising out of itorany part ofband included in the "products- comp|etedoperations hazanj". 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. mn' Damage TwImpaired 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 vvork";or (2) A delay or failure by you or anyone acting on your behalf to pedbmn a contract or agreement inaccordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and (1) "Your (3) "Impaired property"; if such product, work, is withdrawn or recalled from the market or from use by any person or organization because of known or suspected defect, deUdency, inadequacy or dangerous condition init. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out ' of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". Novvever, this exclusion does not apply to liability for damages because of "bodily injury". "Bodily injury" mr"property damage" arising out nfany actual ovalleged violation ofany law that restricts or prohibits the sending, transmitting or distributing of "unsolicited communication". r. Access Or Disclosure Of Confidential Or Personal Information "Bodily injury" or"property damage" arising out ofany access tomrdisclosure mfany persm's or organizations confidential or personal (1) "Bodily injury" or"property damage" arising out of the actual or alleged presence or actual, alleged or threatened dispersal of asbestos, asbestos fibers or products containing asbestos' provided that the "bodily injury" or "property damage" is caused or contributed to bythe hazardous properties of asbe! CG T1 0002 19 @umrThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material nfInsurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (2) "Bodily injury" or "property damage" arising out of the actual or alleged presence or actua|, alleged or threatened dispersal of any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, a|ka|is, chemicals and waste, and that are pad of any claim or "suit" which also alleges any "bodily injury" or "property damage" described in Paragraph (1)above. (3) Any |oss, cost or expense arising out of (a) Request demand, order or statutory or regulatory requirement that any insured or others test for, monitor, dean up' nemme, conbsin, treat' detoxify or neutna|ize, or in any way respond to, or assess the effects of, asbeehme, asbestos fibers or products containing asbestos; or (b)Claim msuit bymrVnbehalf of any governmental authority or any other person or organization because of testing for, monibmring, cleaning up, narnoving, containing, tnaadng, detoxifying or neu1na|izing, or in any way responding to, or assessing the effects of, asbestos, asbestos fibers or products containing asbestos. It. Employment -Related Practices "Bodily injury" to: (1) Aperson arising out ofany: (a) Refusal to employ that person; (b) Termination of that persons employment; or (c) Employment -related practice, pm|icy, act or omission, such as coercion, demotion, e*a|uation, reassignment, disdp|ine, failure to promote or advance, harassment, humiliation, discrimination, libel, slander, violation of the peraon's right of privacy, malicious prosecution or false arrest detention orimprisonment applied toor directed at that person, regardless of whether such practice, policy, act or omission occurs, is applied or is committed befone, during or after the time of that pemon's employment; or (2) The spouoe, chi|d, parent, brother mrsister ofthat person asa consequence of"bodily injury" to that person at whom any of the Page 6 of 21 employment -related practices described in Paragraph (a). (b).or(c) above is directed. This exclusion applies whether the insured may beliable asanemployer orinany other capacity and toany obligation tm share damages with or repay someone else who must pay damages because mfthe "bodily injury". Exclusions c. through n. do not apply tm "premises damage". A separate limit of insurance applies to "premises damage" asdescribed in Paragraph 6'of SectiunUUU—LimitsOf|nsunance. :NJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty todefend the insured against any "suit'seeking those damages. However, we will have noduty hodefend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any 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 UUU — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed inthe "coverage territory" during the policy period. This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". I Rik M.-g-t C1 �fi-1 A7. @umrThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY This exclusion does not apply to "personal injury" caused by malicious prosecution. b' Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written pub|icadun, including publication bvelectronic means, ofmaterial, Jdone bvorat the direction of the insured with knowledge of its falsity. c. Material Published Or Used Prior To Policy Period (1) "Personal and advertising injury" arising out of oral or written publication, including publication by electronic means, of material whose first publication took place before the beginning of the policy period; or (2) "Advertising injury" arising out of infringement of copyright, "tide" or "slogan" in your "advertisement" whose first infringement in your "advertisement" was committed before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of criminal act committed byorat the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence ofthe contract oragreement; or (2) Because of injury" assumed by you in a contract or agreement that is an "insured contract", provided that the "personal injury" is caused by an offense committed subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed by you in an "insured conbact", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of "personal injury", provided that: against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. f. Breach Of Contract "Advertising injury" arising out of a breach of g. Quality Or Performance Of Goods - Failure To Conform To Statements "Advertising injury" arising out ofthe failure nf goods' products or services to conform with any statement nfquality orperformance made in your "advertisement". h. Wrong Description Of Prices "Advertising injury" arising out of the wrong description of the price of goods, products or services stated inyour "advertisement' L Intellectual Property "Personal and advertising injury" arising out of any actual mralleged infringement mrviolation of any of the following rights or |aws, or any other "personal and advertising injury" alleged in any claim or "suit" that also alleges any such infringement orviolation: (1) Copyright; (2) Patent; (3) Trade dress; (4) Trade name; (5) Trademark; (6) Trade secret; or (7) Other intellectual property rights orlaws. This exclusion does not apply to: (1) out ofany actual or alleged infringement or violation of another's copyright, "title" or "slogan" in your "adverdsement";or (2) Any other "personal and advertising injury" alleged in any claim or "sub" that also alleges any such infringement or violation ofancther's copyright, "title" or "slogan" in your "advertisement". j. Insureds In Media And Internet Type (a) Liability to such party for, or for the Businesses cost of, that party's defense has also "Personal and advertising injury" caused'by an assumed by you in the same offense committed by a~ insured whose "insured contract"; ' business is: (b) Such attorneys' fees and litigation (1) Advertising,"bnnac expenses are for defense of that party ReoEwm & APPROVED BY.' CG T1 0002 19 @uo1rThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material nfInsurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (2) Designing or determining content of websites for others; or (3) An Internet search access, content or service provider. Novvever, this exclusion does not apply to Paragraphs a.(1). (2) and (3) of the definition of "personal injury". For the purposes of this exclusion: (1) Creating and producing correspondence written in the conduct of your business' bulletins, financial or annual reports, or newsletters about your goods, products or services will not be considered the business ofpublishing; and (2) The placing of frames, borders or links, or advertising, for you or others anywhere on the Internet will not, by itself, be considered the business of advertising. "broadcasting" or publishing. k. EUectromimChatr»omns OrBulletin Boards "Personal and advertising injury" arising out of an electronic chatronm or bulletin board the insured hosts or owns, or over which the insured exercises control. U' Unauthorized Use Of Ammthar's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or mnetetag, or any other similar tactics to mislead another'spotential customers. "Personal and advertising injury" arising out of the actua, alleged or threatened discharge, dispensa|, seepaQa, rnigradmn, release or escape of''poUutants''atany time. Any loss, cost orexpense arising out ofany: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, dean up, nemVve, conbain, tnesd' detoxify or neutna|ize, or in any way respond to, mrassess the effects of, "poUutants";or (2) Claim or sub by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, cleaning up, namoving, conbaining, tnesding, detoxifying or Page 8 of 21 neutralizing' or in any way responding 0o,mr assessing the effects of, "pollutants". o. War "Personal and advertising injury" arising out of: (1) War, including undeclared or civil war; (2) Warlike action byamilitary force, including action in hindering or defending against an actual or expected atback, by any government, sovereign or other authority using military personnel orother agents; or (3) |nsurnection, nabe||ion, revn|ubnn, usurped power, or action taken by governmental authority in hindering or defending against any ofthese. "Personal and advertising injury" arising out of any actual or alleged violation of any law that restricts or prohibits the sending, transmitting ordistributing of"unsolicited cVrnmunicadon". q. Access Or Disclosure Of ConfidenitaU Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or orQanizadon's confidential or personal information. r. Asbestos (1) "Personal and advertising injury" arising out of the actual or alleged presence or actua, alleged nrthreatened dispersal of asbestos' asbestos fibers or products containing asbeshns, provided that the "personal and advertising injury" is caused or contributed tmbythe hazardous properties ofasbestos. (2) "Personal and advertising injury" ahsingout of the actual or alleged presence or actual, alleged orthreatened dispersal ofany solid, |iquid, gaseous or thermal irritant or contaminant including smoke' vapmrs, snot, fumes, adds, a|ka|is, chemicals and waste, and that are part of any claim or "suit" which also alleges any "personal and advertising injury" described in Paragraph (1) above. (3) Any loss, cost or expense arising out of (a) Bequest demand, order orstatutory or regulatory requirement that any insured or others test for, monitor, clean up, remove. coni - @umrThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material nfInsurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY assess the effects of, asbestos, asbestos fibers or products containing asbestos; or (b) Claim or suit bvoron behalf of any governmental authority or any other person or organization because of testing for, monitohng, cleaning up, removing' containing, treating, detoxifying or neutra|izing, or in any way responding to, or assessing the effects of, aabeetos, asbestos fibers or products containing asbestos. s. Employment -Related Practices "Personal injury" to: (1) A person arising out of any: (a) Refusal toemploy that person; (b) Termination of that persmn's employment; or (c) Employment -related practice, policy, act or omission' such as coercion, demntinn, evaluation, naassignment, discipline, failure to promote or advance, harassment, humiliation, discrimination, libel, slander, violation of the person's right of privacy, malicious prosecution or false arrest, detention mrimprisonment applied to or directed at that person, regardless of whether such pnac1ice, policy, act or omission occurs, is applied or is committed befons, during or after the time ofthat penaon'semployment; or (3) Because ufyour provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits toexamination, at our expense' by physicians ofour choice asoften asvvereasonably 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 senices, including prosthetic devices; and (3) Necessary ambu|ance, hospital, professional nursing and funeral services. Wewill not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person C. (2) The spouse, dhi|d, parent brother orsister of that person as a consequence of "personal injury" to that person at whom any of the employment -related practices d~ described in Paragraph (s). (b). or (u) above isdirected. This exclusion applies whether the insured may beliable asanemployer orinany other capacity and to any obligation Um share damages with or repay someone else who must pay damages because nfthe "personal injury". COVERAGE C—MEDICAL PAYMENTS 1. Insuring Agreement 7naperson hired todowork for mnnbehalf of any insured or tenant ofany insured. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insuned, if benefits for the "bodily injury" are payable or must be provided under workers' compensation or disability benefits law or a similar law. e. Athletics Activities Toaperson injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. a. We will pay medical expenses as described � ""===~^=-��"pleted ^�="=~=~=Hazard below for "bodily injury" caused by an accident. Included within the "prod ucts-comp|eted (1) Unpremises you own orrent; operations hazard". (2) On ways next to premises you own or rent; g' C���ma�� ExcUmsi o or Excluded under Cover; ReoEwm & APPROVED BY.' CG T1 0002 19 @uo1rThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material nfInsurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY SUPPLEMENTARY PAYMENTS 1.Newill pay, with respect to any claim ve investigate or settle, or any "suit" against an insured we defend: a. All expenses weincur. b. Up to $2.50tor the cost of bail bondsrequired because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We dnnot have tofurnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. 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 oftime off from work. e. All court costs taxed against the insured in the "suit". However, these payments dnnot include attorneys' fees or attorneys' expanses taxed against the insured. Prejudgment interest awarded against the insured on that part ofthe judgment we pay. if we make an offer to pay the applicable limit of insunance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest onthe full amount ofany 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 iswithin the applicable limit ofinsurance. These payments will not reduce the limits of 2. If we defend an insured against a "sub" and an indemnkeaofthe insured is also named as party to the "suit", we will defend that indemnhee if all of the following conditions are met: a. 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"; assumed by the insured in the same "insured d. The allegations inthe "suit"and the information vveknow about the "nccunence"oroffense are such that noconflict appears hoexist between the interests of the insured and the interests of theindemnihse; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnhee against such "suit" and agree that vvecan assign the same counsel bmdefend the insured and the indemnihee; and (1) Agrees in writing to (a) Cooperate with us in the investigation, settlement ordefense ofthe "suit"' (b) Immediately send us copies of any damands, notices, summonses orlegal papers received in connection with the (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available tothe indemnhee;and (2) Provides uswith written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense ofthe indemnkeeinsuch "suk". Solong asthe above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee' necessary litigation expenses incurred byuaand necessary litigation expenses incurred by the indemnnhee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section U — Coverages — Coverage A — Bodily Injury And Property Damage Liability or Paragraph 2.e. of Section 8 —Covenages—Covenage B — Personal And Advertising Injury Liabi|ihy, such payments will not be deemed to bedamages for "bodily injury", "property damage" or "personal injury', and will not reduce the limits ofinsurance. b. This insurance applies such h�bUhvas�un�ed � ~ Our obligation to defend an insured's indemnhee bytheinsunsd' '� ' and to pay for attorneys' fees and necessary c. The obligation to defend, or the cost of the litigation expenses as Supplementary Payments defense of, that indcmnitee, has also been ends when. Page 1Onf21 @uo1rThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material nfInsurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY a. We have used up the applicable limit of insurance in the payment of judgments, settlements ormedical expenses; or b. The conditions set forth above, orthe terms of the agreement described inParagraph f.above, are nnlonger met. 1. Ifyou are designated inthe Declarations as: a. An individual, you and your spouse are insureds' but only with respect to the conduct ofabusiness ofwhich you are the sole owner. b. A partnership or joint ventune, you are an insured. Your mambers, your partnens, and their spouses are also insureds, but only with respect Uzthe conduct ofyour business. c. A|imi0ed liability company, you are an insured. Your members are also insureds, but only with respect to the conduct ofyour business. Your managers are insureds' but only with respect to their duties asyour managers. dL An organization other than a partnenship, joint venture nrlimited liability company, you are an insured. Your "executive officers" and directors are insuneds, but only with respect to their dudes as your officers or directors. Your stockholders are also insuneds, but only with respect hmtheir liability as stockholders. e. A tnuet, you are an insured. Your trustees are also insureds' but only with respect to their duties aatrustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing dudes related to the conduct of your buoiness, or your "employees", other than either your "executive officers" (if you are an organization other than a partnenship, jointventure or limited liability company) oryour managers (if you are a limited liability company), but only for acts within the scope uftheir employment by you or while performing dudes related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal injury": (a) To you, hoyour partners or members (J you are a partnership ovjoint ventue). to your members (J you are a limited liability cnmpany), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing dudes related to the conduct of your (b) To the spouse, dhi|d, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with orrepay someone else who must pay damages because of the injury described in Paragraph (1)(a)nr(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health cans services, Paragraphs (1)(a). (b). (c) and above dmnot apply to"bodily injury" arising out of providing or failing to provide first aid or "Good Samaritan services" by any of your "employees" or "volunteer vvorkena", other than an employed or volunteer doctor. Any such "emp|oyees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing dudes related tothe conduct of your business. (2) "Property damage" to property: (a) Owned, occupied or used by; (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 ' "volunteer vvorhers'.any partner ormember (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker')' or any organization, while acting asyour real estate manager. c. Any person or organization having proper temporary custody mfyour property if you die. but only: (1) With respect to liability arising out ofthe maintenance or afh�f "x (2) Until your legal , . mfil»u"wmeniohialm appointed. m�s=ma^�vmx�om CIS T1 0002 19 @umrThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material nfInsurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY x. Your legal U you die, but only b. Arises out of the ownership, maintenance or with respect to duties as such. That use of that part of any premises leased to you. representative will have all your rights and The insurance provided to such premises owner, duties under this Coverage Part. manager or lessor is subject to the following m. Any person or organization that with your provisions: express or implied consent either uses or is a. The limits of insurance provided to such responsible for the use of watercraft that you premises ownar, manager or lessor will be the dnnot own that is� is: rninirnurn limits that you agreed to provide in the (1) 5Ofeet long orless; and written contract or agreement, or the limits (2) Not being used to carry any person or shown inthe Declarations, whichever are less. property for a charge. b. The insurance provided to such premises 3. Any organization you newly acquire or form, other owner, manager ' ' than a partnership, joint venture or limited liability (1) Any "bodily injury" or "property damage" connpany, and of which you are the sole owner or in that occurs, or "personal and advertising which you maintain an ownership interest of more injury" caused by an offense that is than 5096' will qualify as a Named Insured if there is cnmmitted, after you cease to be a tenant in no other similar insurance available to that that premises; or organization. However: (2) Structural a|berabons, new construction or a. Coverage under this provision is afforded only demolition operations performed by or on until the 180th day after you acquire or form the behalf of such premises owner, manager or organization or the end of the policy period, lessor. whichever isaaMier' ' S. Any person or organization that is an equipment b. Coverage A does not apply to "bodily injury" or lessor and that you have agreed in a written contract "property damage" that occurred before you oragreement toinclude as an additional insured on acquired orformed the organization; and this Coverage Part is an insured, but only with «� Coverage B does not apply to "personal and injury", "property respect to liability for "bodi|"propertyy advertising injury" arising out of an offense dam��e".or"p�rsmn�|�nd�advertising injury" that: ' committed before you acquired or formed the a. Is "bodily injury" or "property damage" that organization. occurs, or is "personal and advertising injury" caused by an offense that is committed, For the purposes of Paragraph 1. of Section UU — subsequentto the signing of that contract or Who Is An Insured, each such organization will be agreement; and deemed tnbedesignated inthe Declarations as: b. Is caused' in whole or in part' bvyour acts or a. An organizadon, other than a partnership' joint omissions inthe maintenance, operation mruse venture orlimited liability company; or of equipment leased to you by such equipment b. Atrust; lessor. �heinsunanc�provided�o�uchequipm�r�|e��oris as indicated in its name or the documents that subject tmthe following provisions: govern its structure. a. The limits of insurance provided to such 4. Any person or organization that is a premises equipment lessor will be the minimum limits that owner, manager or lessor and that you have agreed you agreed to provide in the written contract or in a written contract oragreement 0o include as an agreement or the limits shown in the additional insured on this Coverage part is an Declarations, whichever are less. insuned, but only vvhh respect liability "bodily - injury", "property damage" or "personal and � ^ The insurance provided to such equipment advertising injury" that lessor does not apply to any "bodily injury" or "property damage" that occurs, or "personal a. Is "bodily injury" or "property damage" that and advertising injury" caused by an offense occurs, or is "personal and advertising injury" that is committed' after the equipment lease caused by an offense that is committed, expires. subsequent to the signing of that contract or No person or organization is z-- agreement; and and the conduct of any current . ReoEwm & APPROVED BY.' Page 12nf21 @uo1rThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material nfInsurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY venture mrlimited liability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply toany such partnership, jointventure or limited liability company that otherwise qualifies as an insured under Section UU—Who |sAnInsured. SECTION III —LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless ofthe number of: a' Insureds; b. Claims made nr^subs^brought; or c' Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit isthe most vvewill pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A. except damages because of"bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. The Prmducto-Comp|eted Operations Aggregate Limit is the most we will pay under Coverage Afor damages because of "bodily injury" and "property damage" included in the "products-comp|eted operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal injury" and "advertising injury" sustained byany one person mrorganization. 5. Subject to Paragraph 2, or 3. abnve, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C; because of all "bodily injury" and "property damage" arising out ofany one "occunence". For the purposes of determining the applicable Each Occurrence Limit all related acts or omissions committed in providing or failing to provide first aid or "Good Samaritan services" to any one person will be deemed to be one a. The amount shown for the Damage To Premises Ranted To You Limit in the Declarations ofthis Coverage Part; or b' $300.000 J no amount is shown for the Damage To Premises Rented To You Limit in the Declarations mfthis Coverage Part. 7' Subject to Paragraph S. above. the Medical Expense Limit is the most we will pay under Coverage C for all medical expanses because of "bodily injury" sustained byany one person. The Limits of Insurance of this Coverage Part apply separately tmeach consecutive annual period and tmany remaining period of less than 12 months, starting with the beginning of the policy period shown in the 0edanadons, 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 ofInsurance. SECTION Ny— COMMERCIAL GENERAL LIABILITY CONDITIONS 1' Bankruptcy Bankruptcy or insolvency of the insured urofthe 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. You must see to bthat 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. If claim is made or "suit" is brought against any insured, you must: 6. Subject to S. above, �� Damage kz _ C. Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will be: (1) Immediately record the specifics of the claim or"suk"and the date received; and (2) Notify us as soon as practicable. You must see tmitthat wereceive written notice nfthe claim or"suk"assoon aspracticable. You and any other involved insured must: (1) Immediately send us copies of any demands. noticeF ­~~­­ ^~ /~~~/ papers received claim nr"suit"; mEAs=maAPPROVED BY: CG T1 0002 19 @umrThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material nfInsurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suUt";and (4) Assist us, upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insuned's own cost, voluntarily make a paymnent, assume any obligation, mrincur any expense, other than for first aid, without our consent. e. The following provisions apply to Paragraph a. above but only for purposes of the insurance provided under this Coverage Part toyou or any insured listed in Paragraph 1' or 2' of Section UU — Who |sAnInsured: (1) Notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known to you (J you are an individual), any of your partners or members who is an individual (if you are a partnership or joint ventune), any of your managers who is an individual (if you are a limited liability cumpany), any of your "executive officers" or directors (if you are an organization other than a padnership, joint venture. or limited liability company)' any of your trustees who is an individual (if you are a trust) or any "employee" authorized by you to give notice of an "occurrence"nroffense. (2) If you are a partnership, joint venture, limited liability company or bust and none of your partnans, joint venture membens, managers or trustees are individua|s, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "mccurrence"oroffense isknown by: (m) Any individual who is: (W A partner or member of any partnership orjoint venture; (ii) A manager of any limited liability company; (III)An executive officer or director of any other organization; or (iv)Atrustee ofany trust; that is your partner, joint venture member, manager ortrustee; or (b) Any employee authorized by such partnership, joint venture. limited liability company, trust or other organization to give notice of an "occurnanoa"oroffense. (3) Notice to us of such "occurrence" or offense will be deemed to be given as soon as practicable ifitis given in good faith as soon as practicable to your workers' compensation insurer. This applies only J you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons described in Paragraph e.(1) or (2) above discovers that the "occurrence" or offense may result in sums towhich the insurance provided under this Coverage Part may apply. Novvever, if this policy includes an endorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discherge, release or escape of "pollutants" which contains a requirement that the discharge' release or escape nf"po||utents" must be reported to us within a specific number of days after its abrupt commencement this Paragraph e. does not affect that requirement. 3. Legal Action Against Us Noperson morganization has aright under this Coverage Part: a. To join us as a party orotherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. Aperaon or organization may sue us to recover on an agreed settlement oron aDna| judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit ofinsurance. An agreed settlement means a settlement and release ofliability signed by us, the insured' and the claimant or the claimant's legal representative. Page 14nf21 @ 20UrThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material nfInsurance Services Office, Inc. with its permission. REviEwED & APPROVED BY.' COMMERCIAL GENERAL LIABILITY 4. OthenUnsumanme Ifvalid and collectible other insurance is available to the insured for a loss wecover under Coverages A or B of this Coverage Part' our obligations are limited asdescribed inParagraphs a'and b'below. As used anywhere in this Coverage Part, other insurance means insurance, or the funding of losses, that isprovided by, through oronbehalf of: Another insurance company; (ii) Us orany ofour affiliated insurance except when the Non cumulation of Each Occurrence Limit provision of Paragraph S. of Section ||V — Limits Of Insurance or the Non cumulation of Personal and Advertising Injury Limit provision of Paragraph 4' of Section ||| — Limits of Insurance applies because the Amendment — Non Cumulation Of Each Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising Injury Limit endorsement is included in this policy; (iUNAny risk retention group; or (iv)Any self-insurance method or prognam, in which case the insured will be deemed to be the provider ofother insurance. Other insurance does not include umbrella insunance, or excess insurance, that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. As used anywhere in this Coverage Part, other insurer means a provider of other insurance. As used in Paragraph #. be|Vvv insurer means a provider of insurance. a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is phmary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. be|ow, except when Paragraph d.below applies. b. Excess Insurance (1) This insurance isexcess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (U That is Fine. Extended Coveraga, Builder's Risk Installation Risk or similar coverage for "your work"; (ii) That is insurance for "premises damage"; (III) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to any exclusion in this Coverage Pad that applies to aircraft, "autos" or watercraft; (iv) That is insurance available to a premises nwner, manager or lessor that qualifies as an insured under Paragraph 4L ofSection 11— Who Is An |nsuned, except when Panagnaphd. below applies; or (v) That is insurance available to an equipment lessor that qualifies as an insured under Paragraph 5. of Section || — Who Is An |nsuned, except when Paragraph d' below applies. (b) Any of the other insunanos, whether primary, excess, contingent oron any other basis, that is available to the insured when the insured is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. (2) When this insurance is excess, we will have no duty under Coverages Aor B 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, vvawill undertake bmdoso, but vvewill beentitled Uzthe insured'srights against all those other insurers. (3) When this insurance is excess over other insurance, vvewill pay only our share ofthe amount of the |oss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The brba| of all deductible and self - insured amounts under all that other insurance. (4) We will share the remaining |oss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply inexcess ofthe Limits ofInsurance shown inthe Declarations ofthis Coverage Part. CIS T1 0002 19 @umrThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material nfInsurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing if all of the other insurance permits contribution byequal shares, vvewill 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 radio of its applicable limit of insurance to the total applicable limits of insurance ofall insurers. dL Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply mn a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as named insured, and vvewill not share with that other insurance, provided that: (1) The "bodily injury" or"property damage" for which coverage issought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement bvyou. a' The statements in the Declarations are accurate and complete; b' Those statements are based upon representations you made 0ous; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. Hovvever, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonnenewa| in accordance with applicable insurance laws orregulations. 7. Separation Of Insureds Except with respect to the Limits of |nsurance, and any rights or duties specifically assigned in this Coverage Part to the first Named |nsured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8' Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or pad of any payment we have made under this Coverage Part, those rights are transferred ho us. The insured must dmnothing after loss toimpair them. Atour request, the insured will bring "suit' or transfer those rights hmusand help usenforce them. S. Premium Audit 9. When We Do Not Renew a. Newill compute all premiums for this Coverage Ifvedecide not tmrenew this Coverage Part, wewill Part inaccordance with our rules and rates. mail or deliver to the first Named Insured shown in �. Premium shown in this Coverage Part as the Declarations written notice of the nunrenevva| advance premium isadeposit premium only. At not less than 3Udays before the expiration date. the dose of each audit period we will compute If notice is mai|ed, proof of mailing will be sufficient the earned premium for that period and send proof ofnotice. notice to the first Named Insured. The due date SECTION V_DEFINITIONS for audit and retrospective premiums isthe date 1"Advertisement" means a notice that is broadcast or shown asthe due date unthe biU If ' ` published to the general public or specific market the advance and audit premiums paid for the segments about your goods, products or services policy period is greater than the earned premium, we will return the excess to the first ' for the purpose of attracting customers or Named Insured. supporters. For the purposes nfthis definition: The first Named Insured must keep records of �. Notices dh�� are published include materialc. information we need for premium placed on the Internet or on similar electronicthe computation, and send uscopies a1such times means nfcommunication; and asvvemay request. b. Regarding wabsitas, only that part of a websiUe that is about your goods, products or services �. ���n����tmtm�� for the purposes of attracting customers or Byaccepting this policy, you agree: supporters isconsider( Page 10nf21 @uo1rThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material nfInsurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY 2. "Advertising injury": a. Means injury caused by one or more of the following offenses: (1) Oral or written pub|icabon, including publication by electronic means, of material in your "advertisement" that slanders or libels a person or organization or disparages a person's or organizabnn's gmods, products or services, provided that the claim ismade orthe "suit' isbrought bv aperson ororganization that claims hmhave been slandered or |ibe|ed, or that claims to have had its guods, products or services disparaged; (2) Ural or written pub|icadon, including publication by electronic means, of material inyour "adveMiaement"that: (m) Appropriates a person's namc, voice photograph mrlikeness; or (b) Unreasonably places a person in a false light; or (3) Infringement of copyright, "title" or "slogan" in your "advadisement', provided that the claim is made or the "suit" is brought by a person or organization that claims ownership of such copyright' "title" or "slogan". b. Includes "bodily injury" osused bvone ormore of the offenses described in Paragraph a' above. 3. "Auto" means: a. A land motor vehic|e, trailer or semitrailer designed for travel on public roads, including any attached machinery nrequipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility |aw, or other motor vehicle insurance law, where it is licensed mrprincipally garaged. However, "auto" does not include "mobile equipment". 4. "Bodily injury" means: a' Physical harm, including sickness or disease. sustained by a person; or b. In, by or with any other electronic means of communication, such as the |nUamnet, if that material ispart of: (1) Radio or television programming being transmitted; (2) Other entertainment, educational, instructiona|, music or news programming being transmitted; or (3) Advertising transmitted with any of such programming. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada' . b. International waters or airspace, but only J the injury or damage occurs in the course of travel or transportation between any places included inParagraph a.above; mr c. All other parts of the vvmr|d if the injury or damage arises out of: (1) Goods or products made orsold by you in the territory described in Paragraph a. above; (2) The activities of person whose home is in the territory described in Paragraph 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 ofcommunication; provided the insured's responsibility to pay damages is determined ina"suit" on the merits in the territory described inParagraph a'above, orina settlement we agree to. 7. "Electronic data" means informatimn, facts or programs stoned as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks' CD-ROK8s, tapes, drives, ceUs, data processing devices or any other media which are used with electronically controlled equipment. b. Mental anguish injury �ury or U��s� or emubun�| ' n8. "Emp|oyee'includes a"leased vvorker". "Employee" distress, resulting at any time from such does not include a "temporary worker". physical harm, sickness ordisease. S. "Broadcasting"means transmitting any audio or �'"Executive officer" means a person holding any of the officer positions created by your charter, visual ma��ri�|for�nypurpose' ' constitution, bylaws or any other similar governing a. By radio or television; or document. WoEwm & APPROVED BY.' CIS T1 0002 19 @uo1rThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material nfInsurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY 10'^Good Samaritan services" means any emergency medical services for which no compensation is demanded urreceived. 11."Nosdle fire" means a fire which becomes uncontrollable or breaks out from where it was intended to be. 12."|mpaired property" means tangible property, other than "your product" or "your work", that cannot be used orialess 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 ofacontract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product' or"your work" oryour fulfilling the terms of the contract oragreement. 13. "Insured contract" means: a. Acontract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract"; b. Asidetrack agreement; c. Any easement orlicense agreement, except in connection with construction or demolition operations onorwithin 5Ofeet ofarailroad; d' An ob|igetion, as required by ordinance' to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any othercontract 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", "property damage" or "personal injury" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract mragreement. Paragraph f.does not include that part ofany contract nragreement: (1) 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 tresde, Page 18 of 21 backs' roadbeds, tunnel' underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury ordamagearisingnutnt (a) Preparing, approving, or failing to prepare or approve, maps' shop drawings, opinions, reports, sunveya. field orders, change orders or drawings and specifications; Vr (b) Giving directions or instructions, or failing to give them. U that is the primary cause of the injury or damage; or (3) Under which the insured' J 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 Paragraph (2) above and eupervienry, inspection, architectural or engineering 14. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, hmperform duties related to the conduct of your business. "Leased worker" does not include a"temporary worker'. 15."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 11auto"; or c. VVhi|a it is being moved from an aircraK, 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 ehand truck, that isnot attached to the aircraft, watercraft or"auto". 16,"K4obi|e equipment" means any of the following types of land vehides, including any attached machinery Vrequipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public b. Vehicles maintained for use solely onmnext to premises you own mrent; c. Vehicles that travel on rr;;wlt-.r trp;;fi-,- ReoEwm & APPROVED BY. @umrThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material nfInsurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY d. Vehicles' whetherself-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shmve|s, loaders, diggers or drills; or (2) Road construction equipment such as b. An act m'omission committed in providing or failing to provide first aid or "Good Samaritan services" to a penson, unless you are in the business or occupation of providing professional health care services. or resurfacing 18."Personal and advertising injury" means "personal gnaders, scrapers or injury" or "advertising ijuryr. e. Vehicles not described inParagraph a..b..c. ordL above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compresaora, pumps and Qenenators, including spnaying, we|ding, building deaning, 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 Paragraph a., b., c. or d. 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 designed phmarik/fnr (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 mmpressom, pumps and generators, including spraying, vve|ding, building deaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment' does not include any land vehicle that is subject to a compulsory or financial responsibility |aw, or other motor vehicle insurance law, where it is licensed or principally garaged. Such land vehicles are considered 17. "Occurrence" means. a. An accident, including continuous or repeated exposure to substantially the same general harmful conditions; mr 19. "Personal injury": a. Means hnjury, other than "advertising injury", caused by one or more of the following (1) False arrest, detention nrimprisonment; (2) Malicious prosecution; (3) The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of roum, dwelling or premises that a person occupies, provided that the wrongful evic±ion, wrongful entry or invasion of the right of private occupancy is committed by or on behalf of the owner, landlord or lessor of that room, dwelling or NW Oral or written pub|ication, including publication by electronic means, of material that slanders or libels a person or organization or disparages e peromn's or organization's goods, products or services' provided that the claim ismade orthe "suit' is brought by person ororganization that claims to have been slandered or libeled, or that claims to have had its goods, products mrservices disparaged; or (5) Oral or written pub|icadon, including publication by electronic means' of material (a) Appropriates a person's manue, voice, photograph mrlikeness; or (b) Unreasonably places a person in a false light. b. Includes "bodily injury" caused by one or more of the offenses described in Paragraph a. 20'^Po|utants^ mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor' soct, fumes' adds, a|ka|io, chemicals and waste. Waste includes materials to be recycled, reconditioned orreclaimed REAEwm & APPROVED BY: CIS T1 0002 19 @umrThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material nfInsurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY 21. "Premises damage" means: a. With respect to the first paragraph of the exceptions in Exclusion -, of Section K — Coverage A — Bodily Injury And Property Damage Liability, "property damage" to any premises while nanbad to you for a period of seven or fewer consecutive deys, including the contents ofsuch premises; or b. With respect tothe exception to Exclusions c. through In. in the last paragraph of Paragraph 2. of Section U — CoverageA— Bodily Injury And Property Damage Liability, "property damage" ho any premises while rented 10you for aperiod of more than seven consecutive days, or while temporarily occupied by you with permission of the owner, caused by: (1) Fire; (2) ; (3) Lightning; (4) Smoke resulting from fire, explosion or lightning; or (5) Water. But "premises damage" under this Paragraph b. does not include "property damage" to any premises caused by: (1) Rupture, burstinQ, or operation of pressure relief devices; (2) Rupture or bursting due to expansion or swelling of the contents of any building or structure caused by or resulting from water; or (3) Explosion of steam bolers, steam pipes. steam engines or steam turbines. 22."Prmducts-cmmpletedoperations hazanf: 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 sb|| in your physical possession; or (2) Work that has not yet been completed or abandoned. However. ',your work" will be deemed 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 Page 20 of 21 contract calls for work at more than one job site. (c) When that part of the work done at a job she has been put to its intended use byany person ororganization other than another contractor or subcontractor working on the same project. Work that may need senvice, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out mt (1) The transportation of property, unless the injury or damage arises out of 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 (2) The existence of toos, unins1a|led equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedu|e, states that products - completed operations are subject to the General Aggregate Limit. 23'^Property means: e. Physical 'injury to tangible propety, including all resulting kaa of use of that property. All such loss ofuse will bedeemed 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 will be deemed to occur atthe time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 24. "Slogan": a. Means aphrase that others use for the purpose nfattracting attention intheir advertising. b' Does not include a phrase used as, or in, the name of: (1) Any person or organization, other than you; or (2) Any business, or any of the premises, goods, products, services or work, of any person or organiza @umrThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material nfInsurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY 25.^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 howhich the insured must submit ordoes 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. 26."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. 27. "Title" means a name of a literary or artistic work. 28.^Unsdicited communication" means any communication, in any form, that the recipient of such communication did not specifically request to receive. 25. "Volunteer worker" means a person who is not your "emp|oyee", and who donates his or her work and acts at the direction of and within the scope of dudes determined by you, and is not paid a fee, salary orother compensation by you or anyone else for their work performed for you. 30."Your pnduct": a. Means. (1) Any goods or products, other than real property, manufactured, sold, handled. distributed or disposed of by: (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), materiaks, parts orequipment furnished in connection with such goods orproducts. b. Includes: (1) Warranties orrepresentations made at any time with respect to the fitness, quality, dunsbi|hv, performance or use of "your product'; and (2) The providing of or failure to provide warnings orinstructions. c. Does not include wending machines or other property rented to or located for the use of others but not sold. 31. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) K4ateria|s, parts or equipment furnished in connection with such work oroperations. (1)Warranties orrepresentations made atany time with respect to the fitness, quality, dunabi|hy, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. CIS T1 0002 19 @ 20UrThe Travelers Indemnity Company. All rights reserved. Includes copyrighted material nfInsurance Services Office, Inc. with its permission. REviEwED & APPROVED BY.' Digitally signed by Tori Pierson Tori Pierson Date: 2021.10.06 12:08:56 -07'00' / A� " CERTIFICATE OF LIABILITY INSURANCE F7A (MM/DD/YYYY) 0912912021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Stacey Campbell NAME: KIA Insurance Associates, Inc. a/c Nr o (661) 835-4542 (661) 835-4500 (FAX Ext : , No): License # OL78680 E-MAIL scampbell@kernins.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # P.O. Box 11390 Bakersfield CA 93389-1390 INSURERA: Travelers Casualty Insurance Co ofAmerica 19046 INSURED INSURER B : Travelers P & C Co America 25674 Infinity Communications & Consulting, Inc. INSURER C: National Fire Insurance of Hartford 20478 P.O. Box 999 INSURER D : Houston Casualty Company 42374 INSURER E Bakersfield CA 93302 INSURER F COVERAGES CERTIFICATE NUMBER: 21-22 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 INSD WVD POLICY NUMBER POLICY EFF MWDD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMESEaocurrrnc $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 2,000,000 A 680001J742131 02/17/2021 02/17/2022 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY ❑ PRO ❑ LOC JECT PRODUCTS-COMP/OP AGG $ 4'000'000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS BA91\1276397 21 10/24/2021 10/24/2022 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 X AGGREGATE $ 2,000,000 B EXCESS LAB CLAIMS -MADE CUP002J348555 02/17/2021 02/17/2022 DED I I RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABI LI TY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A WC418266026 07/01/2021 07/01/2022 ER /� STATUTE EORH 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 1,000,000 $ D Professional Liability -claims made including Cyber Liability H21TG31255-00 08/19/2021 08/19/2022 per claim $2,000,000 aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Santa Ana Public Library. The City of Santa Ana, Risk Management 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representative are named as additional insureds and coverage is primary and non-contributory for General Liability per written contract and attached endorsements. 30 days notice of cancellation applies except for non-payment of premium CERTIFICATE HOLDER CANCELLATION City of Santa Ana Risk Management Division 20 Civic Center Plaza 4th Flr Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. @ 1988-2015 ACORD v Risk Management �I encal Aide ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 680-1J742131-21-42 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 12/31/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED (Includes Products -Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS AND COVERED OPERATIONS NAME OF PERSON OR ORGANIZATION: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA M-23 SANTA ANA CA 92702 PROJECT/LOCATION OF COVERED OPERATIONS: SANTA ANA PUBLIC LIBRARY PROVISIONS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization shown in the Schedule Of Additional Insureds And Covered Operations that you agree in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only: a. With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. If, and only to the extent that, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" on or for the project, or at the location, shown in the Schedule Of Additional Insureds And Covered Operations, to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III — Limits Of Insurance. b. The insurance provided to such additional insured does not apply to: (1) Any "bodily injury", "property damage" or "personal injury" arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, including: CG D2 47 04 19 © 2018 The Travelers Indemnity Company. All rights reserved Rifil Mudgancni Dhiqbn REAEwED & APPROVED BY: Risk K—g—t Cl a i-[ Aide COMMERCIAL GENERAL LIABILITY (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable of an 'occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the 'occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the 'occurrence" or offense. (2) If a claim is made or "suit" is brought against the additional insured: (a) Immediately record the specifics of the claim or "suit" and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable. (3) Immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. (4) Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., Other Insurance, of Section IV — Commercial General Liability Conditions. Page 2 of 2 © 2018 The Travelers Indemnity Company. All rights reserved. Rifil Mudgancni Dhiabn WoEwm & APPROVED BY' 99WRisk K—g—E Cl erical Aide POLICY NUMBER: 680-1J742131-21-42 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 12/31/2020 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA M-23 SANTA ANA CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Ri& Mudgmeni Dhiakm ReoEwm & APPROVED BY' /QiG �[£/SP.Qf2 Risk NFanagement Cl eriral Aide TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG T1 00 02 19 I SECTION I —COVERAGES Coverage A Beginning on Page Bodily Injury and Property Insuring Agreement.......................................................1 Damage Liability Exclusions.................................................................... 2 Coverage B — Personal and Advertising Insuring Agreement.......................................................6 Injury Liability Exclusions.....................................................................6 Coverage C — Medical Payments Insuring Agreement.......................................................9 Exclusions.................................................................... 9 SupplementaryPayments...................................................................................................10 SECTION II — WHO IS AN INSURED.......................................................................................11 SECTION III — LIMITS OF INSURANCE...................................................................................13 SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS........................................13 Bankruptcy.........................................................................................................................13 Duties In The Event Of Occurrence, Offense, Claim Or Suit...............................................13 LegalAction Against Us......................................................................................................14 OtherInsurance................................................................................................................. 15 PremiumAudit...................................................................................................................16 Representations.................................................................................................................16 SeparationOf Insureds...................................................................................................... 16 Transfer Of Rights Of Recovery Against Others To Us.......................................................16 WhenWe Do Not Renew................................................................................................... 16 I SECTION V — DEFINITIONS....................................................................................................16 CG TO 34 02 19 Ri&>,i Dhiakm R eoEwm & APPROVED BY' /QiG �[£/SP.Qf2 Risk NFanagement Cl eriral Aide COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "bur" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any 'occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an 'occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — 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. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "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 II — 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 damage" to us or any other insurer; (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 b Rifil>,i nhiakm REYIEwEo & APPROVED BY: Risk K—g—t Cl a i-[ Aide CG T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY e. 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". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "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. b. Contractual Liability "Bodily injury" or "property damage" 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: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided that the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of "bodily injury" or "property damage", provided that: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party 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 Page 2 of 21 (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of 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 Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and 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" or "property damage" 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: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, va or original Ril Mudgme„inhiakn, !� REoEwED & APPROVED BY: Risk K—g—t Cl a i-[ Aide © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY is used to heat, cool or dehumidify the building, or produced by or originating from equipment that is used to heat water for personal use by the building's occupants or their guests; (i i) "Bodily injury" or "property 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 (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) If such "pollutants" are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (iii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are or were at any time performing operations to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effi Ril Muagmcni DMsim REAEwm & APPROVED B'r: Risk K—g—t Cl a i-i Aide CG T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (b) Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) 50 feet long or less; and (b) Not being used to carry any person or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify as "mobile equipment" under the definition of "mobile equipment" if such land vehicle were not subject to a compulsory or financial responsibility law, or other motor vehicle insurance law, where it is licensed or principally garaged; or Page 4 of 21 (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is: (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or property for a charge. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity War "Bodily injury" or "property damage" arising out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. 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 custndv or control of the insur Rifil>,i Dhiakm !� REYIEwEo & APPROVED BY: Risk K—g—t Cl a i-[ Aide © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (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 "premises damage". A separate limit of insurance applies to "premises damage" as described in Paragraph 6. of Section III — 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), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. I. 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. m. 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. n. 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. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". However, this exclusion does not apply to liability for damages because of "bodily injury". q. Unsolicited Communication "Bodily injury" or "property damage" arising out of any actual or alleged violation of any law that restricts or prohibits the sending, transmitting or distributing of "unsolicited communication". r. Access Or Disclosure Of Confidential Or Personal Information "Bodily injury" or "property damage" arising out of any access to or disclosure of any person's or organization's confidential or personal information. s. Asbestos (1) "Bodily injury" or "property damage" arising out of the actual or alleged presence or actual, alleged or threatened dispersal of asbestos, asbestos fibers or products containing asbestos, provided that the "bodily injury" or "property damage" is caused or contributed to by the hazardous properties of asbe! Rifil Muagmcni DMsim REAEwm & APPROVED B'r: Risk K—g—t Cl a i-i Aide CG T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (2) "Bodily injury" or "property damage" arising out of the actual or alleged presence or actual, alleged or threatened dispersal of any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste, and that are part of any claim or "suit" which also alleges any "bodily injury" or "property damage" described in Paragraph (1) above. (3) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, asbestos, asbestos fibers or products containing asbestos; or (b) Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, asbestos, asbestos fibers or products containing asbestos. t. Employment -Related Practices "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practice, policy, act or omission, such as coercion, demotion, evaluation, reassignment, discipline, failure to promote or advance, harassment, humiliation, discrimination, libel, slander, violation of the person's right of privacy, malicious prosecution or false arrest, detention or imprisonment applied to or directed at that person, regardless of whether such practice, policy, act or omission occurs, is applied or is committed before, during or after the time of that person's employment; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the Page 6 of 21 employment -related practices described in Paragraph (a), (b),or (c) above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the "bodily injury". Exclusions c. through n. do not apply to "premises damage". A separate limit of insurance applies to "premises damage" as described in Paragraph 6. of Section III — Limits Of Insurance. COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "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 damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any 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 III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies 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. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". Ri l Mowgmeni DMsim !� REAEwm & APPROVED B'r: Risk M.—g—t Cl a i-1 Aide © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY This exclusion does not apply to "personal injury" caused by malicious prosecution. b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication, including publication by electronic means, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Or Used Prior To Policy Period (1) "Personal and advertising injury" arising out of oral or written publication, including publication by electronic means, of material whose first publication took place before the beginning of the policy period; or (2) "Advertising injury" arising out of infringement of copyright, "title" or "slogan" in your "advertisement" whose first infringement in your "advertisement" was committed before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Because of "personal injury" assumed by you in a contract or agreement that is an "insured contract", provided that the "personal injury" is caused by an offense committed subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed by you in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of "personal injury", provided that: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed by you in the same "insured contract"; and against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. f. Breach Of Contract "Advertising injury" arising out of a breach of contract. g. Quality Or Performance Of Goods - Failure To Conform To Statements "Advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". Intellectual Property "Personal and advertising injury" arising out of any actual or alleged infringement or violation of any of the following rights or laws, or any other "personal and advertising injury" alleged in any claim or "suit" that also alleges any such infringement or violation: (1) Copyright; (2) Patent; (3) Trade dress; (4) Trade name; (5) Trademark; (6) Trade secret; or (7) Other intellectual property rights or laws. This exclusion does not apply to: (1) "Advertising injury" arising out of any actual or alleged infringement or violation of another's copyright, "title" or "slogan" in your "advertisement"; or (2) Any other "personal and advertising injury" alleged in any claim or "suit" that also alleges any such infringement or violation of another's copyright, "title" or "slogan" in your "advertisement". j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" caused by an offense committed by an insured whose business is: (b) Such attorneys' fees and litigation (1) Advertising, "broad„ expenses are for defense of that party REoEw�"�BY +_ %ari �e`errQars CG T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Risk NFanagement Cl eriral Aide Is Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (2) Designing or determining content of websites for others: or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a.(1), (2) and (3) of the definition of "personal injury". For the purposes of this exclusion: (1) Creating and producing correspondence written in the conduct of your business, bulletins, financial or annual reports, or newsletters about your goods, products or services will not be considered the business of publishing; and (2) The placing of frames, borders or links, or advertising, for you or others anywhere on the Internet will not, by itself, be considered the business of advertising, "broadcasting" or publishing. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts or owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or Page 8 of 21 neutralizing, or in any way responding to,or assessing the effects of, "pollutants". o. War "Personal and advertising injury" arising out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Unsolicited Communication "Personal and advertising injury" arising out of any actual or alleged violation of any law that restricts or prohibits the sending, transmitting or distributing of "unsolicited communication". q. Access Or Disclosure Of Confidenital Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information. r. Asbestos (1) "Personal and advertising injury" arising out of the actual or alleged presence or actual, alleged or threatened dispersal of asbestos, asbestos fibers or products containing asbestos, provided that the "personal and advertising injury" is caused or contributed to by the hazardous properties of asbestos. (2) "Personal and advertising injury" arising out of the actual or alleged presence or actual, alleged or threatened dispersal of any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste, and that are part of any claim or "suit" which also alleges any "personal and advertising injury" described in Paragraph (1) above. (3) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, conl neutralize, or i RifilMuagemeniDmsirn, REAEwm & APPROVED B'r: Risk K.—g—t Cl a i-i Aide © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY assess the effects of, asbestos, asbestos fibers or products containing asbestos; or (b) Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, asbestos, asbestos fibers or products containing asbestos. s. Employment -Related Practices "Personal injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practice, policy, act or omission, such as coercion, demotion, evaluation, reassignment, discipline, failure to promote or advance, harassment, humiliation, discrimination, libel, slander, violation of the person's right of privacy, malicious prosecution or false arrest, detention or imprisonment applied to or directed at that person, regardless of whether such practice, policy, act or omission occurs, is applied or is committed before, during or after the time of that person's employment; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal injury" to that person at whom any of the employment -related practices described in Paragraph (a), (b), or (c) above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the "personal injury". COVERAGE C — MEDICAL PAYMENTS 1. Insuring Agreement (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) 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. 2. Exclusions 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. a. We will pay medical expenses as described f. Products -Completed Operations Hazard below for "bodily injury" caused by an accident: Included within the "products -completed (1) On premises you own or rent; operations hazard". (2) On ways next to premises you own or rent; g• Coverage A Exclusior- or Excluded under Cover; Ri& MudgmeniDhial^ !� REYIEwEo & APPROVED BY: CG T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Risk NFanagement Cl eriral Aide Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY SUPPLEMENTARY PAYMENTS 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. 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. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. 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. g. 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. These payments will not reduce the limits of insurance. 2. 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: a. 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"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been Page 10 of 21 assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. 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 and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) 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 2.b.(2) of Section I — Coverages — Coverage A — Bodily Injury And Property Damage Liability or Paragraph 2.e. of Section I — Coverages — Coverage B — Personal And Advertising Injury Liability, such payments will not be deemed to be damages for "bodily injury", "property damage" or "personal injury", 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: Ri l Muagmcni DMsim REAEwm & APPROVED B'r: Risk K—g—t Cl a i-i Aide © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY a. We have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II —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. 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 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), to a co -"employee" while in the course of his or her employment or performing duties related 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 "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 Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide first aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. (2) "Property damage" to property: (a) Owned, occupied or used by; (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. Any person (other than your "employee" or "volunteer worker"), or any organization, while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or usp ^f fhnf mm—h- nnrl (2) Until your legal r Rifil MudgmeniDhialm appointed. REoEwEo & APPROVED BY: ui_ %ari �eerQars Risk K.—g—t Cl a i-[ Aide CG T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY d. 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 Coverage Part. e. Any person or organization that, with your express or implied consent, either uses or is responsible for the use of a watercraft that you do not own that is: (1) 50 feet long or less; and (2) Not being used to carry any person or property for a charge. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, 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 is earlier; 5 b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section II — Who Is An Insured, each such organization will be deemed to be designated in the Declarations as: a. An organization, other than a partnership, joint venture or limited liability company; or b. A trust; as indicated in its name or the documents that govern its structure. 4. Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement; and Page 12 of 21 b. Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor is subject to the following provisions: a. The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or "personal and advertising injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, manager or lessor. Any person or organization that is an equipment lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" that occurs, or "personal and advertising injury" caused by an offense that is committed, after the equipment lease expires. No person or organization is the conduct of any current Ri&„iDhial„ !� REYIEwEo & APPROVED BY: Risk K—g—t Cl a i-[ Aide © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership, joint venture or limited liability company that otherwise qualifies as an insured under Section II — Who Is An Insured. SECTION III — LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below 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. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal injury" and "advertising injury" sustained by any one person or organization. S. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C; because of all "bodily injury" and "property damage" arising out of any one "occurrence". For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". a. The amount shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part. 7. Subject to Paragraph S. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 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. SECTION IV — COMMERCIAL GENERAL LIABILITY 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. You 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. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will c. You and any other involved insured must: pay under Coverage A for damages because of (1) Immediately send us copies of any "premises damage" to any one premises. The demands, noticeF ci immn — — 1-1 Damage To Premises Rented To You Limit will be: papers received Rifil Muagmc,inMsim claim or "suit"; REAEwm & APPROVED 61: Risk NFanagement Cl eriral Aide CG T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or 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 which may be liable to the insured because of injury or damage to which this insurance may also apply. d. 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. The following provisions apply to Paragraph a. above, but only for purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II — Who Is An Insured: (1) Notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known to you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive officers" or directors (if you are an organization other than a partnership, joint venture, or limited liability company), any of your trustees who is an individual (if you are a trust) or any "employee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture, limited liability company or trust, and none of your partners, joint venture members, managers or trustees are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known by: (a) Any individual who is: (i) A partner or member of any partnership or joint venture; (ii) A manager of any limited liability company; (iii) An executive officer or director of any other organization; or (iv) A trustee of any trust; that is your partner, joint venture member, manager or trustee; or (b) Any employee authorized by such partnership, joint venture, limited liability company, trust or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons described in Paragraph e.(1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this policy includes an endorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or escape of "pollutants" which contains a requirement that the discharge, release or escape of "pollutants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that requirement. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: 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 Part 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 Coverage Part 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. Page 14 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Rifil>,i Dhiabn MvEwm & APPROVED BY' 99W/QiG �[£/SP.Qf2 Risk K—g—E Cl erical Aide COMMERCIAL GENERAL LIABILITY 4. Other Insurance If valid and collectible other insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as described in Paragraphs a. and b. below. As used anywhere in this Coverage Part, other insurance means insurance, or the funding of losses, that is provided by, through or on behalf of: Another insurance company; (ii) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit provision of Paragraph 5. of Section III — Limits Of Insurance or the Non cumulation of Personal and Advertising Injury Limit provision of Paragraph 4. of Section III — Limits of Insurance applies because the Amendment — Non Cumulation Of Each Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising Injury Limit endorsement is included in this policy; (iii) Any risk retention group; or (iv) Any self-insurance method or program, in which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance, or excess insurance, that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. As used anywhere in this Coverage Part, other insurer means a provider of other insurance. As used in Paragraph c. below, insurer means a provider of insurance. a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below, except when Paragraph d. below applies. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is insurance for "premises damage"; (iii) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to any exclusion in this Coverage Part that applies to aircraft, "autos" or watercraft; (iv) That is insurance available to a premises owner, manager or lessor that qualifies as an insured under Paragraph 4. of Section II — Who Is An Insured, except when Paragraph d. below applies; or (v) That is insurance available to an equipment lessor that qualifies as an insured under Paragraph 5. of Section II — Who Is An Insured, except when Paragraph d. below applies. (b) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. (2) When this insurance is excess, we will have no duty under Coverages A or B 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. (3) 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: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self - insured amounts under all that other insurance. (4) 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. Riel Muagmcni DMsim REAEwm & APPROVED B'r: Risk K.—g—t Cl a i-i Aide CG T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing d. If all of 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. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: Page 16 of 21 a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part 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 claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment 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. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is consider( Rifil Muagmcni DMsim RZEAEwm & APPROVED B'r: Risk K.—g—t Cl a i-i Aide © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY 2. "Advertising injury": a. Means injury caused by one or more of the following offenses: (1) Oral or written publication, including publication by electronic means, of material in your "advertisement" that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, provided that the claim is made or the "suit" is brought by a person or organization that claims to have been slandered or libeled, or that claims to have had its goods, products or services disparaged; (2) Oral or written publication, including publication by electronic means, of material in your "advertisement" that: (a) Appropriates a person's name, voice, photograph or likeness; or (b) Unreasonably places a person in a false light; or (3) Infringement of copyright, "title" or "slogan" in your "advertisement", provided that the claim is made or the "suit" is brought by a person or organization that claims ownership of such copyright, "title" or "slogan". b. Includes "bodily injury" caused by one or more of the offenses described in Paragraph a. above. 3. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law, or other motor vehicle insurance law, where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 4. "Bodily injury" means: a. Physical harm, including sickness or disease, sustained by a person; or b. In, by or with any other electronic means of communication, such as the Internet, if that material is part of: (1) Radio or television programming being transmitted; (2) Other entertainment, educational, instructional, music or news programming being transmitted; or (3) Advertising transmitted with any of such programming. 6. "Coverage territory" means: 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 Paragraph a. above; or 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 Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph 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 a "suit" on the merits in the territory described in Paragraph a. above, or in a settlement we agree to. 7. "Electronic data" means information, facts or programs stored as or on, created or used on, or 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. b. Mental anguish, injury or illness, or emotional g_ "Employee" includes a "leased worker". "Employee" distress, resulting at any time from such does not include a "temporary worker". physical harm, sickness or disease. 5. "Broadcasting" means transmitting any audio or 9. "Executive officer" means a person holding any of visual material for any purpose: the officer positions created by your charter, constitution, bylaws or any other similar governing a. By radio or television; or document. Rifil>,i nhiakm !� RZEoEwEID & APPROVED BY: CG T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Risk NFanagement Cl eriral Aide Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY 10. "Good Samaritan services" means any emergency medical services for which no compensation is demanded or received. 11. "Hostile fire" means a fire which becomes uncontrollable or breaks out from where it was intended to be. 12. "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 the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. 13. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of 14. premises that indemnifies any person or organization for "premises damage" is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; 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", "property damage" or "personal injury" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) 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, Page 18 of 21 tracks, roadbeds, tunnel, underpass or crossing; (2) 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 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 (3) 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 Paragraph (2) above and supervisory, inspection, architectural or engineering activities. "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". 15. "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 to the aircraft, watercraft or "auto". 16. "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- Rifil>,i Dhiakm !� REYIEwEo & APPROVED BY: Risk K—g—t Cl a i-[ Aide © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction equipment such as rollers; b. An act or omission committed in providing or failing to provide first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. or resurfacing 18. "Personal and advertising injury" means "personal graders, scrapers or injury" or "advertising injury". e. Vehicles not described in Paragraph 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 Paragraph a., b., c. or d. 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 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. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law, or other motor vehicle insurance law, where it is licensed or principally garaged. Such land vehicles are considered "autos". 17. "Occurrence" means: a. An accident, including continuous or repeated exposure to substantially the same general harmful conditions: or 19. "Personal injury": a. Means injury, other than "advertising injury", caused by one or more of the following offenses: (1) False arrest, detention or imprisonment; (2) Malicious prosecution; (3) The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, provided that the wrongful eviction, wrongful entry or invasion of the right of private occupancy is committed by or on behalf of the owner, landlord or lessor of that room, dwelling or premises; (4) Oral or written publication, including publication by electronic means, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, provided that the claim is made or the "suit" is brought by a person or organization that claims to have been slandered or libeled, or that claims to have had its goods, products or services disparaged; or (5) Oral or written publication, including publication by electronic means, of material that: (a) Appropriates a person's name, voice, photograph or likeness; or (b) Unreasonably places a person in a false light. b. Includes "bodily injury" caused by one or more of the offenses described in Paragraph a. above. 20. "Pollutants" mean 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 Ril Muagmcni DMsim REAEwm & APPROVED B'r: Risk K.—g—t Cl a i-i Aide CG T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY 21. "Premises damage" means: a. With respect to the first paragraph of the exceptions in Exclusion j. of Section I — Coverage A — Bodily Injury And Property Damage Liability, "property damage" to any premises while rented to you for a period of seven or fewer consecutive days, including the contents of such premises; or b. With respect to the exception to Exclusions c. through n. in the last paragraph of Paragraph 2. of Section I — Coverage A — Bodily Injury And Property Damage Liability, "property damage" to any premises while rented to you for a period of more than seven consecutive days, or while temporarily occupied by you with permission of the owner, caused by: (1) Fire; (2) Explosion; (3) Lightning; (4) Smoke resulting from fire, explosion or lightning; or (5) Water. But "premises damage" under this Paragraph b. does not include "property damage" to any premises caused by: (1) Rupture, bursting, or operation of pressure relief devices; (2) Rupture or bursting due to expansion or swelling of the contents of any building or structure caused by or resulting from water; or (3) Explosion of steam boilers, steam pipes, steam engines or steam turbines. 22. "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 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 Page 20 of 21 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. 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; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products - completed operations are subject to the General Aggregate Limit. 23. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use will 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 will be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 24. "Slogan": a. Means a phrase that others use for the purpose of attracting attention in their advertising. b. Does not include a phrase used as, or in, the name of: (1) Any person or organization, other than you; or (2) Any business, or any of the premises, goods, products, services or work, of any person or organiza' Ri l Menagmcni DMsim MEWED & APPROVED 81: Risk U.—g—t Cl a i-i Aide © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY 25. "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. 26. "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. 27. "Title" means a name of a literary or artistic work. 28. "Unsolicited communication" means any communication, in any form, that the recipient of such communication did not specifically request to receive. 29. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 30. "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. 31. "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. CG T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Rifil>,i Dhiabn MvEwm & APPROVED BY' 99W/QiG �[£/SP.Qf2 Risk K—g—E Cl erical Aide COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -- This endorsement broadens coverage. However, coverage for any injury; damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another- endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy. carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed ,by .you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in an "em- ployee's" name, with your permission, while H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: R ek semi Dmaim ReAEv/ED & APPROVED BY: CA T4 24 02 15 © 2015 The Travelers Indemnity company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permissic Risldv3inagemenE Ci enrol Aide COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We d❑ not have to furnish these bonds.. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph CA. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability. Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss", or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like Kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5), This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ili — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph CA.b. of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph .A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. Page 2 of 3 O 2015 The Travelers ! de . All rights e 7Qu � :} n randy GF}mpany y reserved, `'Risk Management Cl erical Aide Includes copyrighted material of Insurance Services Office, Inc. with its permissio 001521 COMMERCIAL AUTO K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto' for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- , ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor;. (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 02 15 9 2015 The Travelers Indemnity Company. Ali rights reserved. Risk Management CI erical Aide Includes copyrighted material of Insurance Services Office, Inc. with its permissio