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KEYSER MARSTON ASSOCIATES, INC.
INSURANCE NOT ON FILE WORK MAY NOT PROCEED CITY CLERK DATE: A-2023-086-03 FIRST AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND ADVISORY SERVICES t :.L'jA (1)(bZAA.,a3)[RV) (Keyser Marston Associates, Inc.) THIS FIRST AMENDMENT ("First Amendment") to the above referenced agreement is entered into this 17u' day of May, 2023, by and between Keyser Marston Associates, Inc., a California corporation ("Consultant"), and jointly 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"), and the Housing Authority of the City of Santa Ana, a public body, corporate and politic ("Authority"). City and Authority shall jointly or interchangeably, as applicable, be referred to as "City" for purposes of this First Amendment. RECITALS A. On November 16, 2021, the City entered into Agreement #A-2021-229-01 ("Agreement"), with Consultant to provide on -call affordable housing financial, analytical and advisory services for general multifamily affordable housing financial advisory services; general single family affordable housing program financial analytical services; multifamily and/or single family bond issuance financial advisory services; and the City's Inclusionary Housing Program financial analysis on an as -needed basis. B. The Agreement is one of three agreements for vendors selected in response to RFQ No. 21-107. The Agreement provides for each Consultant to share in an aggregate compensation amount for the on -call services detailed in the Agreement. The Agreement runs through November 1, 2024, includes the ability to extend its term upon a writing executed by the City Manager and the City Attorney, and is current and in -effect. C. The parties now wish to amend the Agreement to update the current fee schedule, increase the overall compensation amongst the selected vendors by $250,000.00, and agree to extend the term of the Agreement by two (2) years. The increase in compensation is to accommodate an exhaustion of funds. Consultant assisted with extensive financial analyses and technical support for major City projects. There are additional pending projects and updates of manuals that still require the assistance of Consultant. D. The parties also wish to amend the Agreement to exclude from the scope of work any financial analysis related to policy, pursuant to City Council directive. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: Section 2.a, COMPENSATION, shall be amended to read in its entirety as follows: a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B-1. Consultant is one of three (3) Consultants selected to provide affordable housing financial, analytical, and advisory services on an as needed basis under RFQ No. 21-107. The total compensation for services provided by all ti Consultants selected under RFQ No. 21-107 is a collective amount not to exceed Five Hundred Thousand Dollars ($500,000.00) during the term of the Agreement, including any extension periods. 2. Section 3, TERM, shall be amended to read in its entirety as follows: This Agreement shall.commence on the date first written above and continue for three (3) years through November. 15, 2024, unless terminated earlier in accordance with Section 17, below. Upon execution and commencement of the Term of this Agreement, Agreement No. A-2018-203 between the City and Consultant shall be terminated. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. The parties hereby agree to extend the term of this Agreement for an additional two (2) year period through November I, 2026, 3. Exhibit A to the Agreement shall be amended to exclude any work on financial analysis related to policy. 4. Except as modified by this First Amendment, all terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to said Agreement the date and year first above written. 14gnature page to follow] 2 ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Andrea Garcia -Miller Assistant City Attorney RECOMMENDED FOR APPROVAL: ichael L. Garcia Executive Director Community Development Agency CITY OFnnSANTA ANA 1�/L KRISTINE RIDGE City Manager CONSULTANT KEYSER MARSTON ASSOCIATES, INC. �y Tim Brefr Senior Principal DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 11/30/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Halidee Callejas NAME: FAX PHONE Symphony Risk Solutions, LLC(972) 864-0400(972) 278-8400 (A/C, No): (A/C, No, Ext): E-MAIL 2425 N Central Expyhcallejas@symphonyrisk.com ADDRESS: Suite 900 INSURER(S) AFFORDING COVERAGENAIC # RichardsonTX75080Massachusetts Bay Insurance Co.22306 INSURER A : INSURED Allmerica Financial Benefit Ins. Co.41840 INSURER B : Keyser Marston Associates, Inc.Scottsdale Indemnity Company15580 INSURER C : 1299 4th Street Suite 408 INSURER D : INSURER E : San RafaelCA94901 INSURER F : 2024-2025 COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSDWVD COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE$ DAMAGE TO RENTED 100,000 CLAIMS-MADEOCCUR$ PREMISES (Ea occurrence) 10,000 MED EXP (Any one person)$ AYZDFA4910491012/01/202412/01/20251,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- Included POLICYLOCPRODUCTS - COMP/OP AGG$ JECT $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY 1,000,000 $ (Ea accident) ANY AUTOBODILY INJURY (Per person)$ OWNEDSCHEDULED BYAWFA49004912/01/202412/01/2025 BODILY INJURY (Per accident)$ AUTOS ONLYAUTOS HIREDNON-OWNEDPROPERTY DAMAGE $ (Per accident) AUTOS ONLYAUTOS ONLY Coll $500Comp $500Uninsured motorist1,000,000 $ combined single limit UMBRELLA LIAB 4,000,000 OCCUREACH OCCURRENCE$ A EXCESS LIAB YUHFA4911711012/01/202412/01/20254,000,000 CLAIMS-MADEAGGREGATE$ 0.00 DEDRETENTION$$ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ Each Claim$2,000,000 Professional Liability CEKI355080012/01/202412/01/2025Aggregate Limit$4,000,000 Retention $50,000 Retro Date 11/11/1976 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana, City of Santa Ana Acting as Successor Agency and/or Housing Authority of the City of Santa Ana, its officers, employees, agents, volunteers and representatives are Additional Insured with respects to the Insured's operations. This insurance is primary as respects the Entity, its officers, officials,employees, and volunteers. Any Insurance of self-insurance maintained by the Entity, its officers,officials,employees,or volunteers shall be excess of the Contractor's and shall not contribute with it. 30 Day Notice of Cancellation/10 Day for nonpayment of premium. Ejhjubmmz!tjhofe! cz!Uv!Usbo! Uv!Usbo! Ohvzfo! Ebuf;!3136/19/25! Ohvzfo 27;63;22!.18(11( CzUvUsboOhvzfobu5;62qn-Bvh25-3136 CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana Risk Management Division AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza Santa AnaCA92702 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD 1501803136 Nbsti!Bggjojuz 911.854.9241 Nbsti!Bggjojuz b!ejwjtjpo!pg!Nbsti!VTB!MMD/ BEQUpubmTpvsdfAnbsti/dpn QP!CPY!25515 Eft!Npjoft-!JB!61417.:797 BJV!Jotvsbodf!Dpnqboz2:4:: BEQ!UpubmTpvsdf!EF!JW-!Jod/ 6911!Xjoexbse!Qbslxbz Bmqibsfuub-!HB!41116 M0D0G; Lfztfs!Nbstupo!Bttpdjbuft-!Jod/ 23::!5UI!TU-!TVJUF!519 Tbo!Sbgbfm-!DB!:5:121111 Y 3-111-111 O XD!174639:51!DB18012031361801203137 B 3-111-111 3-111-111 Bmm!xpsltjuf!fnqmpzfft!xpsljoh!gps!Lfztfs!Nbstupo!Bttpdjbuft-!Jod/!qbje!voefs!BEQ!UPUBMTPVSDF- JOD/(t!qbzspmm-!bsf!dpwfsfe!voefs!uif!bcpwf!tubufe!qpmjdz/!Tff!buubdife!dfsujgjdbuf!ipmefs!opujdf!pg dbodfmmbujpo/!Qspqsjfups0Qbsuofs0Fyfdvujwf!Pggjdfs0Nfncfs!bsf!opu!fydmvefe!bt!mpoh!bt!uifz!bsf!jo uif!BEQUT!qbzspmm!ps!ibwf!dpnqmfufe!uif!TFJ!Qbsujdjqbujpo!Beefoevn/ CzUvUsboOhvzfobu5;62qn-Bvh25-3136 Djuz!pg!Tboub!Bob!Sjtl!Nbobhfnfou!Ejwjtjpo 31!Djwjd!Dfoufs!Qmb{b Tboub!Bob-!DB!:3813 WC 063528940 CA 07/01/2025 Keyser Marston Associates, Inc. AIU Insurance Company 30 days after the Named Insured confirms the City of Santa Ana Risk Management Division20 Civic Center Plaza Santa Ana, CA 92702 Policy No ZDFA49104910 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1.Additional Insured by Contract, Agreement or PermitIncluded 2.Additional Insured Primary and Non-ContributoryIncluded 3.Blanket Waiver of SubrogationIncluded 4.Bodily Injury RedefinedIncluded 5. Broad Form Property DamageBorrowed Equipment, Customers Goods &Use of ElevatorsIncluded 6.Knowledge of OccurrenceIncluded 7. Liberalization Clauselncluded 8. Medical PaymentsExtended Reporting PeriodIncluded 9.Newly Acquired or Formed Organizations-Covered until end ofpolicy periodIncluded 10. Non-owned Watercraft51 ft. 11.Supplementary Payments Increased Limits - Bail Bonds$2,500 -Loss of Earnings$1000 12.Unintentional Failure to Disclose HazardsIncluded 13. Unintentional Failure to NotifyIncluded This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants. 1. Additional Insured by Contract, Agreement or(1)"Your work" for the additional insured(s) Permit designated in the contract, agreement or permit; The following is added toSECTION II WHO IS AN INSURED: (2) Premises you own, rent, lease or occupy; or Additional Insured by Contract, Agreement or Permit (3)Your maintenance, operation or use of equipment leased to you. a.Any person or organization with whom you agreed in a written contract, written agreementb.The insurance afforded to such additional or permit that such person or organization toinsured described above: add an additional insured on your policy is an (1)Only applies to the extent permitted by additional insured only with respect to liability law; and (2)Will not be broader than the insurance which you are required by the contract, whole or in part, byyour acts or omissions, or agreement or permit to provide for such the acts or omissions of those acting on your additional insured. behalf, but only with respect to: 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 4 ZDF A491049 5701518 (3)Applies on a primary basis if that is required by the written contract, writtenof or failure to render any professional agreement or permit.services by or for you. (4) Will not be broader than coveraged. With respect to the insurance afforded to provided to any other insured.these additional insureds, the following is added toSECTION III LIMITS OF (5) INSURANCE: The most we will pay on behalf of the from coverage under this Coverage Part,additional insured for a covered claim is the including any endorsements thereto.lesser of the amount of insurance: c. This provision does not apply:1.Required by the contract, agreement or permit described in Paragrapha.; or (1) Unless the written contract or written agreement was executed or permit was2.Available under the applicable Limits of Insurance shown in the Declarations. damage", or "personal injury and This endorsement shall not increase the advertising injury". applicable Limits of Insurance shown in the (2) To any person or organization included asDeclarations. an insured by another endorsement 2. Additional Insured Primary and Non- issued by us and made part of this Contributory Coverage Part. The following is added toSECTION IV (3)To any lessor of equipment: COMMERCIAL GENERAL LIABILITY (a) After the equipment lease expires; orCONDITIONS,Paragraph4. Other insurance: (b)Additional Insured Primary and Non- Contributory If you agree in a written contract, written the lessor agreement or permit that the insurance provided to (4) To any:any person or organization included as an Additional Insured underSECTION II WHO IS (a) Owners or other interests from. whom AN INSURED, is primary and non-contributory, land has been leased which takes the following applies: place after the lease for the land ex- pires; orIf other valid and collectible insurance is available to the Additional Insured for a loss covered under (b) Managers or lessors of premises if: CoveragesAorBof this Coverage Part, our (i) The occurrence takes place after obligations are limited as follows: you cease to be a tenant in that a.Primary Insurance premises; or This insurance is primary to other insurance (ii) The "bodily injury", "property that is available to the Additional Insured damage", "personal injury" or which covers the "advertising injury" arises out of structural alterations, new con-Additional Insured as a Named Insured. We struction or demolition operationswill not seek contribution from any other performed by or on behalf of theinsurance available to the Additional Insured manager or lessor.except: (5)(1)For the sole negligence of the Additional Insured; out of the rendering of or the failure to (2)When the Additional Insured is an render any professional services. Additional Insured under another primary This exclusion applies even if the claimsliability policy; or against any insured allege negligence or (3)whenb.below applies. other wrongdoing in the supervision, If this insurance is primary, our obligations are hiring, employment, training or monitoring not affected unless any of the other insurance of others by that insured, if the is also primary. Then, we will share with all that other insurance by the method described inc.below. wh 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 2 of 4 ZDF A491049 5701518 b. Excess Insuranceinsurer contributes equal amounts until it has paid its applicable limit of insurance or none of (1) This insurance is excess over any of the the loss remains, whichever comes first. If any other insurance, whether primary, excess, of the other insurance does not permit contingent or on any other basis: contribution by equal shares, we will contribute (a)That is Fire, Extended Coverage, by limits. Under this method, each insurer's Builder's Risk, Installation Risk or share is based on the ratio of its applicable similar coverage for "your work"; limit of insurance to the total applicable limits of insurance of all insurers (b)That is Fire insurance for premises rented to the Additional Insured or 3. Blanket Waiver of Subrogation temporarily occupied by the Additional The following is added to SECTIONIV Insured with permission of the owner; COMMERCIAL GENERAL LIABILITY (c)That is insurance purchased by the CONDITIONS,Paragraph8. Transfer Of Rights Additional Insured to cover the OfRecovery Against Others To Us: We waive any right of recovery we may have tenant for "property damage" to against any person or organization with whom you premises rented to the Additional have a written contract that requires such waiver Insured or temporarily occupied by the because of payments we make for damage under Additional with permission of the this coverage form. The damage must arise out of owner; or your activities under a written contract with that (d)If the loss arises out of the person or organization. This waiver applies only to maintenance or use of aircraft, "autos" the extent that subrogation is waived under a or watercraft to the extent not subject written contrac to Exclusiong.ofSECTION I or offense giving rise to such payments. COVERAGEABODILY INURY 4. Bodily Injury Redefined AND PROPERTY DAMAGE LIABILITY. SECTION V DEFINITIONS, Definition3. by the following: (2) When this insurance is excess, we will have no duty under CoveragesAorBto 3.bodily injury, sickness or defend the insured against any "suit" if anydisease sustained by a person including death other insurer has a duty to defend theresulting from any of these at any time. insured against that "suit". If no otherincludes mental anguish or other insurer defends, we will undertake to domental injury resulting from so, but we will be entitled to the insured's 5. Broad Form Property Damage Borrowed rights against all those other insurers. Equipment, Customers Goods, Use of (3) When this insurance is excess over otherElevators Insurance, we will pay only our share of a.SECTION I COVERAGES, COVERAGE A the amount of the loss, if any, that BODILIY INJURY AND PROPERTY exceeds the sum of: DAMAGE LIABILITY, Paragraph2. Exclusionssubparagraphj. is amended as (a)The total amount that all such other insurance would pay for the loss in thefollows: absence of this insurance; and Paragraph (4) does not apply to "property (b)The total of all deductible and selfdamage" to borrowed equipment while at a insured amounts under all that otherjobsite and not being used to perform insurance.operations. Paragraphs(3), (4) and(6) do not apply to We will share the remaining loss, if any, with any other insurance that is not"property damage" to "customers goods" while described in this Excess Insuranceon your premises nor do they apply to the use provision and was not bought specificallyof elevators at premises you own, rent, lease to apply in excess of the Limits ofor occupy. Insurance shown in the Declarations of b. The following is added toSECTION V this Coverage Part. DEFINTIONS: c. Method Of Sharing 24. "Customers goods" means property of your customer on your premises for the If all of the other insurance permits contribution by equal shares, we will follow thispurpose of being: method also. Under this approach each 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 3 of 4 ZDF A491049 5701518 a. worked on; or10. Non-Owned Watercraft b. used in your manufacturing process.SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE c. The insurance afforded under this provision is LIABILITY,Paragraph2. Exclusions, excess over any other valid and collectible subparagraph g.(2) is replaced by the following: property insurance (including deductible) g. Aircraft, Auto Or Watercraft available to the insured whether primary, excess, contingent (2)A watercraft you do not own that is: 6. Knowledge of Occurrence (a)Less than 51 feet long; and The following is added toSECTION IV (b)Not being used to carry persons or COMMERCIAL GENERAL LIABILITY property for a charge; CONDITIONS,Paragraph2. Duties in the Event This provision applies to any person who, of Occurrence, Offense, Claim or Suit: with your consent, either uses or is e. Notice of an "occurrence", offense, claim or responsible for the use of a watercraft. "suit" will be considered knowledge of the 11. Supplementary Payments Increased Limits insured if reported to an individual named insured, partner, executive officer or an SECTION I SUPPLEMENTARY PAYMENTS "employee" designated by you to give us such COVERAGES A AND B,Paragraphs1.b. and a notice. 1.d. are replaced by the following: 7. Liberalization Clause 1.b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations The following is added toSECTIONIV arising out of the use of any vehicle to which COMMERCIAL GENERAL LIABILITY the Bodily Injury Liability Coverage applies. CONDITIONS: We do not have to furnish these bonds. Liberalization Clause 1.d. All reasonable expenses incurred by the If we adopt any revision that would broaden the insured at our request to assist us in the coverage under this Coverage Form without additional premium, within 45 days prior to or including actual loss of earnings up to $1000 a during the policy period, the broadened coverage day because of time off from work. will immediately apply to this Coverage Part. 12. Unintentional Failure to Disclose Hazards 8. Medical Payments Extended Reporting The following is added toSECTION IV Period COMMERCIAL GENERAL LIABILITY a.SECTION I COVERAGES, COVERAGE C CONDITIONS, Paragraph6. Representations: MEDICAL PAYMENTS, Paragraph 1. We will not disclaim coverage under this Coverage Insuring Agreement, subparagraph a.(3)(b) Part if you fail to disclose all hazards existing as of is replaced by the following: the inception date of the policy provided such (b) The expenses are incurred and reported failure is not intentional. to us within three years of the date of the 13. Unintentional Failure to Notify accident; and The following is added toSECTION IV b.This coverage does not apply ifCOVERAGE COMMERCIAL GENERAL LIABILITY C MEDICAL PAYMENTSis excluded either CONDITIONS, Paragraph2. Duties in the Event by the provisions of the Coverage Part or by of Occurrence, Offense, Claim or Suit: endorsement. Your rights afforded under this policy shall not be 9. Newly Acquired Or Formed Organizations prejudiced if you fail to give us notice of an SECTION II WHO IS AN INSURED,Paragraph "occurrence", offense, claim or "suit", solely due to 3.a. is replaced by the following: your reasonable and documented belief that the a.Coverage under this provision is afforded until "bodily injury" or "property damage" is not covered the end of the policy period.under this policy. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 4 of 4 LfztfsNbstupoBttpdjbuft-Jod QpmjdzOp;BXGB5:115: COMMERCIAL AUTO CA 00 01 03 06 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION I Î COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this policy the words "you" and "your" refer following numerical symbols describe the "autos" that to the Named Insured shown in the Declarations. The may be covered "autos". The symbols entered next to words "we", "us" and "our" refer to the Company pro-a coverage on the Declarations designate the only viding this insurance. "autos" that are covered "autos". Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V Î Symbols Definitions. Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private passenger Passenger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Li- Other Than Pri-ability Coverage any "trailers" you don't own while attached to power units you vate Passenger own). This includes those "autos" not of the private passenger type you acquire "Autos" Only ownership of after the policy begins. 5 Owned "Autos" Only those "autos" you own that are required to have No-Fault benefits in the state Subject To No-where they are licensed or principally garaged. This includes those "autos" you ac- Fault quire ownership of after the policy begins provided they are required to have No- Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are li- Subject To A censed or principally garaged are required to have and cannot reject Uninsured Compulsory Un-Motorists Coverage. This includes those "autos" you acquire ownership of after the insured Motor-policy begins provided they are subject to the same state uninsured motorists re- ists Law quirement. 7 Specifically De-Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in con- "Autos" Only nection with your business. This includes "autos" owned by your "employees", part- ners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs. CA 00 01 03 06 ¨ ISO Properties, Inc., 2005 Page 1 of 12££ ££ LfztfsNbstupoBttpdjbuft-Jod QpmjdzOp;BXGB5:115: 19 Mobile Equip-Only those "autos" that are land vehicles and that would qualify under the definition ment Subject To of "mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are li- Financial Re-censed or principally garaged. sponsibility Or Other Motor Ve- hicle Insurance Law Only B. Owned Autos You Acquire After The Policy SECTION II Î LIABILITY COVERAGE Begins A. Coverage 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered We will pay all sums an "insured" legally must pay next to a coverage in Item Two of the Declara- as damages because of "bodily injury" or "property tions, then you have coverage for "autos" that damage" to which this insurance applies, caused you acquire of the type described for the re- by an "accident" and resulting from the ownership, mainder of the policy period. maintenance or use of a covered "auto". 2. But, if Symbol 7 is entered next to a coverage We will also pay all sums an "insured" legally must in Item Two of the Declarations, an "auto" you pay as a "covered pollution cost or expense" to acquire will be a covered "auto" for that cover- which this insurance applies, caused by an "acci- age only if: dent" and resulting from the ownership, mainte- a. We already cover all "autos" that you own nance or use of covered "autos". However, we will for that coverage or it replaces an "auto" only pay for the "covered pollution cost or ex- you previously owned that had that cover-pense" if there is either "bodily injury" or "property age; and damage" to which this insurance applies that is caused by the same "accident". b. You tell us within 30 days after you acquire it that you want us to cover it for that cover-We have the right and duty to defend any "insured" age. against a "suit" asking for such damages or a "covered pollution cost or expense". However, we C. Certain Trailers, Mobile Equipment And have no duty to defend any "insured" against a Temporary Substitute Autos "suit" seeking damages for "bodily injury" or "prop- If Liability Coverage is provided by this Coverage erty damage" or a "covered pollution cost or ex- Form, the following types of vehicles are also cov- pense" to which this insurance does not apply. We ered "autos" for Liability Coverage: may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle 1. "Trailers" with a load capacity of 2,000 pounds ends when the Liability Coverage Limit of Insur- or less designed primarily for travel on public ance has been exhausted by payment of judg- roads. ments or settlements. 2. "Mobile equipment" while being carried or 1. Who Is An Insured towed by a covered "auto". The following are "insureds": 3. Any "auto" you do not own while used with the permission of its owner as a temporary substi- a. You for any covered "auto". tute for a covered "auto" you own that is out of b. Anyone else while using with your permis- service because of its: sion a covered "auto" you own, hire or bor- a. Breakdown; row except: b. Repair; (1) The owner or anyone else from whom you hire or borrow a covered "auto". This c. Servicing; exception does not apply if the covered d. "Loss"; or "auto" is a "trailer" connected to a cov- e. Destruction. ered "auto" you own. Page 2 of 12 ¨ ISO Properties, Inc., 2005 CA 00 01 03 06££ ££ LfztfsNbstupoBttpdjbuft-Jod QpmjdzOp;BXGB5:115: (2) Your "employee" if the covered "auto" is b. Out-Of-State Coverage Extensions owned by that "employee" or a member While a covered "auto" is away from the of his or her household. state where it is licensed we will: (3) Someone using a covered "auto" while (1) Increase the Limit of Insurance for Li- he or she is working in a business of ability Coverage to meet the limits speci- selling, servicing, repairing, parking or fied by a compulsory or financial re- storing "autos" unless that business is sponsibility law of the jurisdiction where yours. the covered "auto" is being used. This (4) Anyone other than your "employees", extension does not apply to the limit or partners (if you are a partnership), limits specified by any law governing members (if you are a limited liability motor carriers of passengers or prop- company), or a lessee or borrower or erty. any of their "employees", while moving (2) Provide the minimum amounts and property to or from a covered "auto". types of other coverages, such as no- (5) A partner (if you are a partnership), or a fault, required of out-of-state vehicles by member (if you are a limited liability the jurisdiction where the covered "auto" company) for a covered "auto" owned by is being used. him or her or a member of his or her We will not pay anyone more than once for household. the same elements of loss because of c. Anyone liable for the conduct of an "in-these extensions. sured" described above but only to the ex- B. Exclusions tent of that liability. This insurance does not apply to any of the follow- 2. Coverage Extensions ing: a. Supplementary Payments 1. Expected Or Intended Injury We will pay for the "insured": "Bodily injury" or "property damage" expected (1) All expenses we incur. or intended from the standpoint of the "in- sured". (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- 2. Contractual lations) required because of an "acci- Liability assumed under any contract or agree- dent" we cover. We do not have to fur- ment. nish these bonds. But this exclusion does not apply to liability for (3) The cost of bonds to release attach- damages: ments in any "suit" against the "insured" a. Assumed in a contract or agreement that is we defend, but only for bond amounts an "insured contract" provided the "bodily in- within our Limit of Insurance. jury" or "property damage" occurs subse- (4) All reasonable expenses incurred by the quent to the execution of the contract or "insured" at our request, including actual agreement; or loss of earnings up to $250 a day be- b. That the "insured" would have in the ab- cause of time off from work. sence of the contract or agreement. (5) All costs taxed against the "insured" in 3. Workers' Compensation any "suit" against the "insured" we de- fend. Any obligation for which the "insured" or the "insured's" insurer may be held liable under any (6) All interest on the full amount of any workers' compensation, disability benefits or judgment that accrues after entry of the unemployment compensation law or any similar judgment in any "suit" against the "in- law. sured" we defend, but our duty to pay in- terest ends when we have paid, offered 4. Employee Indemnification And Employer's to pay or deposited in court the part of Liability the judgment that is within our Limit of "Bodily injury" to: Insurance. a. An "employee" of the "insured" arising out of These payments will not reduce the Limit of and in the course of: Insurance. (1) Employment by the "insured"; or CA 00 01 03 06 ¨ ISO Properties, Inc., 2005 Page 3 of 12££ ££ LfztfsNbstupoBttpdjbuft-Jod QpmjdzOp;BXGB5:115: (2) Performing the duties related to the con- 9. Operations duct of the "insured's" business; or "Bodily injury" or "property damage" arising out b. The spouse, child, parent, brother or sister of the operation of: of that "employee" as a consequence of a. Any equipment listed in Paragraphs 6.b. Paragraph a. above. and 6.c. of the definition of "mobile equip- This exclusion applies: ment"; or (1) Whether the "insured" may be liable as b. Machinery or equipment that is on, attached an employer or in any other capacity; to, or part of, a land vehicle that would qual- and ify under the definition of "mobile equip- ment" if it were not subject to a compulsory (2) To any obligation to share damages with or financial responsibility law or other motor or repay someone else who must pay vehicle insurance law where it is licensed or damages because of the injury. principally garaged. But this exclusion does not apply to "bodily in- 10. Completed Operations jury" to domestic "employees" not entitled to workers' compensation benefits or to liability "Bodily injury" or "property damage" arising out assumed by the "insured" under an "insured of your work after that work has been com- contract". For the purposes of the Coverage pleted or abandoned. Form, a domestic "employee" is a person en- In this exclusion, your work means: gaged in household or domestic work per- a. Work or operations performed by you or on formed principally in connection with a resi- your behalf; and dence premises. b. Materials, parts or equipment furnished in 5. Fellow Employee connection with such work or operations. "Bodily injury" to any fellow "employee" of the Your work includes warranties or representa- "insured" arising out of and in the course of the tions made at any time with respect to the fit- fellow "employee's" employment or while per- ness, quality, durability or performance of any forming duties related to the conduct of your of the items included in Paragraph a. or b. business. above. 6. Care, Custody Or Control Your work will be deemed completed at the "Property damage" to or "covered pollution cost earliest of the following times: or expense" involving property owned or trans- (1) When all of the work called for in your ported by the "insured" or in the "insured's" contract has been completed. care, custody or control. But this exclusion does not apply to liability assumed under a (2) When all of the work to be done at the sidetrack agreement. site has been completed if your contract calls for work at more than one site. 7. Handling Of Property (3) When that part of the work done at a job "Bodily injury" or "property damage" resulting site has been put to its intended use by from the handling of property: any person or organization other than a. Before it is moved from the place where it is another contractor or subcontractor accepted by the "insured" for movement working on the same project. into or onto the covered "auto"; or Work that may need service, maintenance, cor- b. After it is moved from the covered "auto" to rection, repair or replacement, but which is oth- the place where it is finally delivered by the erwise complete, will be treated as completed. "insured". 11. Pollution 8. Movement Of Property By Mechanical "Bodily injury" or "property damage" arising out Device of the actual, alleged or threatened discharge, "Bodily injury" or "property damage" resulting dispersal, seepage, migration, release or es- from the movement of property by a mechani- cape of "pollutants": cal device (other than a hand truck) unless the a. That are, or that are contained in any prop- device is attached to the covered "auto". erty that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from, the covered "auto"; Page 4 of 12 ¨ ISO Properties, Inc., 2005 CA 00 01 03 06££ ££ LfztfsNbstupoBttpdjbuft-Jod QpmjdzOp;BXGB5:115: (2) Otherwise in the course of transit by or c. Insurrection, rebellion, revolution, usurped on behalf of the "insured"; or power, or action taken by governmental au- thority in hindering or defending against any (3) Being stored, disposed of, treated or of these. processed in or upon the covered "auto"; 13. Racing b. Before the "pollutants" or any property in which the "pollutants" are contained are Covered "autos" while used in any professional moved from the place where they are ac-or organized racing or demolition contest or cepted by the "insured" for movement into stunting activity, or while practicing for such or onto the covered "auto"; or contest or activity. This insurance also does not apply while that covered "auto" is being pre- c. After the "pollutants" or any property in pared for such a contest or activity. which the "pollutants" are contained are moved from the covered "auto" to the place C. Limit Of Insurance where they are finally delivered, disposed of Regardless of the number of covered "autos", "in- or abandoned by the "insured". sureds", premiums paid, claims made or vehicles Paragraph a. above does not apply to fuels, lu-involved in the "accident", the most we will pay for bricants, fluids, exhaust gases or other similar the total of all damages and "covered pollution cost "pollutants" that are needed for or result from or expense" combined, resulting from any one "ac- the normal electrical, hydraulic or mechanical cident" is the Limit of Insurance for Liability Cover- functioning of the covered "auto" or its parts, if: age shown in the Declarations. (1) The "pollutants" escape, seep, migrate, All "bodily injury", "property damage" and "covered or are discharged, dispersed or released pollution cost or expense" resulting from continu- directly from an "auto" part designed by ous or repeated exposure to substantially the its manufacturer to hold, store, receive same conditions will be considered as resulting or dispose of such "pollutants"; and from one "accident". (2) The "bodily injury", "property damage" or No one will be entitled to receive duplicate pay- "covered pollution cost or expense" does ments for the same elements of "loss" under this not arise out of the operation of any Coverage Form and any Medical Payments Cov- equipment listed in Paragraphs 6.b. and erage Endorsement, Uninsured Motorists Cover- 6.c. of the definition of "mobile equip-age Endorsement or Underinsured Motorists Cov- ment". erage Endorsement attached to this Coverage Part. Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away SECTION III Î PHYSICAL DAMAGE COVERAGE from premises owned by or rented to an "in- A. Coverage sured" with respect to "pollutants" not in or 1. We will pay for "loss" to a covered "auto" or its upon a covered "auto" if: equipment under: (1) The "pollutants" or any property in which a. Comprehensive Coverage the "pollutants" are contained are upset, overturned or damaged as a result of the From any cause except: maintenance or use of a covered "auto"; (1) The covered "auto's" collision with an- and other object; or (2) The discharge, dispersal, seepage, mi- (2) The covered "auto's" overturn. gration, release or escape of the "pollut- b. Specified Causes Of Loss Coverage ants" is caused directly by such upset, overturn or damage. Caused by: 12. War (1) Fire, lightning or explosion; "Bodily injury" or "property damage" arising di- (2) Theft; rectly or indirectly out of: (3) Windstorm, hail or earthquake; a. War, including undeclared or civil war; (4) Flood; b. Warlike action by a military force, including (5) Mischief or vandalism; or action in hindering or defending against an (6) The sinking, burning, collision or derail- actual or expected attack, by any govern- ment of any conveyance transporting the ment, sovereign or other authority using covered "auto". military personnel or other agents; or CA 00 01 03 06 ¨ ISO Properties, Inc., 2005 Page 5 of 12££ ££ LfztfsNbstupoBttpdjbuft-Jod QpmjdzOp;BXGB5:115: c. Collision Coverage (2) Specified Causes Of Loss only if the Declarations indicate that Specified Caused by: Causes Of Loss Coverage is provided (1) The covered "auto's" collision with an- for any covered "auto"; or other object; or (3) Collision only if the Declarations indicate (2) The covered "auto's" overturn. that Collision Coverage is provided for any covered "auto". 2. Towing However, the most we will pay for any ex- We will pay up to the limit shown in the Decla- penses for loss of use is $20 per day, to a rations for towing and labor costs incurred each maximum of $600. time a covered "auto" of the private passenger type is disabled. However, the labor must be B. Exclusions performed at the place of disablement. 1. We will not pay for "loss" caused by or resulting 3. Glass Breakage Î Hitting A Bird Or Animal Î from any of the following. Such "loss" is ex- Falling Objects Or Missiles cluded regardless of any other cause or event that contributes concurrently or in any se- If you carry Comprehensive Coverage for the quence to the "loss". damaged covered "auto", we will pay for the fol- lowing under Comprehensive Coverage: a. Nuclear Hazard a. Glass breakage; (1) The explosion of any weapon employing atomic fission or fusion; or b. "Loss" caused by hitting a bird or animal; and (2) Nuclear reaction or radiation, or radioac- tive contamination, however caused. c. "Loss" caused by falling objects or missiles. b. War Or Military Action However, you have the option of having glass breakage caused by a covered "auto's" collision (1) War, including undeclared or civil war; or overturn considered a "loss" under Collision (2) Warlike action by a military force, includ- Coverage. ing action in hindering or defending 4. Coverage Extensions against an actual or expected attack, by any government, sovereign or other au- a. Transportation Expenses thority using military personnel or other We will pay up to $20 per day to a maxi- agents; or mum of $600 for temporary transportation (3) Insurrection, rebellion, revolution, expense incurred by you because of the to- usurped power or action taken by gov- tal theft of a covered "auto" of the private ernmental authority in hindering or de- passenger type. We will pay only for those fending against any of these. covered "autos" for which you carry either Comprehensive or Specified Causes of 2. We will not pay for "loss" to any covered "auto" Loss Coverage. We will pay for temporary while used in any professional or organized transportation expenses incurred during the racing or demolition contest or stunting activity, period beginning 48 hours after the theft or while practicing for such contest or activity. and ending, regardless of the policy's expi- We will also not pay for "loss" to any covered ration, when the covered "auto" is returned "auto" while that covered "auto" is being pre- to use or we pay for its "loss". pared for such a contest or activity. b. Loss Of Use Expenses 3. We will not pay for "loss" caused by or resulting from any of the following unless caused by For Hired Auto Physical Damage, we will other "loss" that is covered by this insurance: pay expenses for which an "insured" be- comes legally responsible to pay for loss of a. Wear and tear, freezing, mechanical or use of a vehicle rented or hired without a electrical breakdown. driver, under a written rental contract or b. Blowouts, punctures or other road damage agreement. We will pay for loss of use ex- to tires. penses if caused by: 4. We will not pay for "loss" to any of the follow- (1) Other than collision only if the Declara- ing: tions indicate that Comprehensive Cov- erage is provided for any covered "auto"; a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. Page 6 of 12 ¨ ISO Properties, Inc., 2005 CA 00 01 03 06££ ££ LfztfsNbstupoBttpdjbuft-Jod QpmjdzOp;BXGB5:115: b. Any device designed or used to detect 3. If a repair or replacement results in better than speed measuring equipment such as radar like kind or quality, we will not pay for the or laser detectors and any jamming appara-amount of the betterment. tus intended to elude or disrupt speed D. Deductible measurement equipment. For each covered "auto", our obligation to pay for, c. Any electronic equipment, without regard to repair, return or replace damaged or stolen prop- whether this equipment is permanently in- erty will be reduced by the applicable deductible stalled, that receives or transmits audio, shown in the Declarations. Any Comprehensive visual or data signals and that is not de- Coverage deductible shown in the Declarations signed solely for the reproduction of sound. does not apply to "loss" caused by fire or lightning. d. Any accessories used with the electronic SECTION IV Î BUSINESS AUTO CONDITIONS equipment described in Paragraph c. The following conditions apply in addition to the above. Common Policy Conditions: Exclusions 4.c. and 4.d. do not apply to: A. Loss Conditions a. Equipment designed solely for the repro- 1. Appraisal For Physical Damage Loss duction of sound and accessories used with such equipment, provided such equipment If you and we disagree on the amount of "loss", is permanently installed in the covered either may demand an appraisal of the "loss". "auto" at the time of the "loss" or such In this event, each party will select a competent equipment is removable from a housing unit appraiser. The two appraisers will select a which is permanently installed in the cov- competent and impartial umpire. The apprais- ered "auto" at the time of the "loss", and ers will state separately the actual cash value such equipment is designed to be solely and amount of "loss". If they fail to agree, they operated by use of the power from the will submit their differences to the umpire. A "auto's" electrical system, in or upon the decision agreed to by any two will be binding. covered "auto"; or Each party will: b. Any other electronic equipment that is: a. Pay its chosen appraiser; and (1) Necessary for the normal operation of b. Bear the other expenses of the appraisal the covered "auto" or the monitoring of and umpire equally. the covered "auto's" operating system; If we submit to an appraisal, we will still retain or our right to deny the claim. (2) An integral part of the same unit housing 2. Duties In The Event Of Accident, Claim, Suit any sound reproducing equipment de- Or Loss scribed in Paragraph a. above and per- We have no duty to provide coverage under manently installed in the opening of the this policy unless there has been full compli- dash or console of the covered "auto" ance with the following duties: normally used by the manufacturer for installation of a radio. a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized 5. We will not pay for "loss" to a covered "auto" representative prompt notice of the "acci- due to "diminution in value". dent" or "loss". Include: C. Limit Of Insurance (1) How, when and where the "accident" or 1. The most we will pay for "loss" in any one "ac- "loss" occurred; cident" is the lesser of: (2) The "insured's" name and address; and a. The actual cash value of the damaged or (3) To the extent possible, the names and stolen property as of the time of the "loss"; addresses of any injured persons and or witnesses. b. The cost of repairing or replacing the dam- b. Additionally, you and any other involved "in- aged or stolen property with other property sured" must: of like kind and quality. (1) Assume no obligation, make no payment 2. An adjustment for depreciation and physical or incur no expense without our consent, condition will be made in determining actual except at the "insured's" own cost. cash value in the event of a total "loss". CA 00 01 03 06 ¨ ISO Properties, Inc., 2005 Page 7 of 12££ ££ LfztfsNbstupoBttpdjbuft-Jod QpmjdzOp;BXGB5:115: (2) Immediately send us copies of any re- c. Take all or any part of the damaged or sto- quest, demand, order, notice, summons len property at an agreed or appraised or legal paper received concerning the value. claim or "suit". If we pay for the "loss", our payment will include (3) Cooperate with us in the investigation or the applicable sales tax for the damaged or sto- settlement of the claim or defense len property. against the "suit". 5. Transfer Of Rights Of Recovery Against (4) Authorize us to obtain medical records Others To Us or other pertinent information. If any person or organization to or for whom we (5) Submit to examination, at our expense, make payment under this Coverage Form has by physicians of our choice, as often as rights to recover damages from another, those we reasonably require. rights are transferred to us. That person or or- ganization must do everything necessary to se- c. If there is "loss" to a covered "auto" or its cure our rights and must do nothing after "acci- equipment you must also do the following: dent" or "loss" to impair them. (1) Promptly notify the police if the covered B. General Conditions "auto" or any of its equipment is stolen. 1. Bankruptcy (2) Take all reasonable steps to protect the covered "auto" from further damage. Bankruptcy or insolvency of the "insured" or the Also keep a record of your expenses for "insured's" estate will not relieve us of any obli- consideration in the settlement of the gations under this Coverage Form. claim. 2. Concealment, Misrepresentation Or Fraud (3) Permit us to inspect the covered "auto" This Coverage Form is void in any case of and records proving the "loss" before its fraud by you at any time as it relates to this repair or disposition. Coverage Form. It is also void if you or any (4) Agree to examinations under oath at our other "insured", at any time, intentionally con- request and give us a signed statement ceal or misrepresent a material fact concern- of your answers. ing: 3. Legal Action Against Us a. This Coverage Form; No one may bring a legal action against us un- b. The covered "auto"; der this Coverage Form until: c. Your interest in the covered "auto"; or a. There has been full compliance with all the d. A claim under this Coverage Form. terms of this Coverage Form; and 3. Liberalization b. Under Liability Coverage, we agree in writ- If we revise this Coverage Form to provide ing that the "insured" has an obligation to more coverage without additional premium pay or until the amount of that obligation charge, your policy will automatically provide has finally been determined by judgment af- the additional coverage as of the day the revi- ter trial. No one has the right under this pol- sion is effective in your state. icy to bring us into an action to determine the "insured's" liability. 4. No Benefit To Bailee Î Physical Damage Coverages 4. Loss Payment Î Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or At our option we may: organization holding, storing or transporting a. Pay for, repair or replace damaged or stolen property for a fee regardless of any other provi- property; sion of this Coverage Form. b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or Page 8 of 12 ¨ ISO Properties, Inc., 2005 CA 00 01 03 06££ ££ LfztfsNbstupoBttpdjbuft-Jod QpmjdzOp;BXGB5:115: 5. Other Insurance 7. Policy Period, Coverage Territory a. For any covered "auto" you own, this Cov-Under this Coverage Form, we cover "acci- erage Form provides primary insurance. For dents" and "losses" occurring: any covered "auto" you don't own, the in- a. During the policy period shown in the Decla- surance provided by this Coverage Form is rations; and excess over any other collectible insurance. b. Within the coverage territory. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the The coverage territory is: Liability Coverage this Coverage Form pro- a. The United States of America; vides for the "trailer" is: b. The territories and possessions of the (1) Excess while it is connected to a motor United States of America; vehicle you do not own. c. Puerto Rico; (2) Primary while it is connected to a cov- d. Canada; and ered "auto" you own. e. Anywhere in the world if: b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or (1) A covered "auto" of the private passen- borrow is deemed to be a covered "auto" ger type is leased, hired, rented or bor- you own. However, any "auto" that is rowed without a driver for a period of 30 leased, hired, rented or borrowed with a days or less; and driver is not a covered "auto". (2) The "insured's" responsibility to pay c. Regardless of the provisions of Paragraph damages is determined in a "suit" on the a. above, this Coverage Form's Liability merits, in the United States of America, Coverage is primary for any liability as- the territories and possessions of the sumed under an "insured contract". United States of America, Puerto Rico, or Canada or in a settlement we agree d. When this Coverage Form and any other to. Coverage Form or policy covers on the same basis, either excess or primary, we We also cover "loss" to, or "accidents" involv- will pay only our share. Our share is the ing, a covered "auto" while being transported proportion that the Limit of Insurance of our between any of these places. Coverage Form bears to the total of the lim- 8. Two Or More Coverage Forms Or Policies its of all the Coverage Forms and policies Issued By Us covering on the same basis. If this Coverage Form and any other Coverage 6. Premium Audit Form or policy issued to you by us or any com- a. The estimated premium for this Coverage pany affiliated with us apply to the same "acci- Form is based on the exposures you told us dent", the aggregate maximum Limit of Insur- you would have when this policy began. We ance under all the Coverage Forms or policies will compute the final premium due when shall not exceed the highest applicable Limit of we determine your actual exposures. The Insurance under any one Coverage Form or estimated total premium will be credited policy. This condition does not apply to any against the final premium due and the first Coverage Form or policy issued by us or an af- Named Insured will be billed for the bal- filiated company specifically to apply as excess ance, if any. The due date for the final pre- insurance over this Coverage Form. mium or retrospective premium is the date SECTION V Î DEFINITIONS shown as the due date on the bill. If the es- A. "Accident" includes continuous or repeated expo- timated total premium exceeds the final sure to the same conditions resulting in "bodily in- premium due, the first Named Insured will jury" or "property damage". get a refund. B. "Auto" means: b. If this policy is issued for more than one year, the premium for this Coverage Form 1. A land motor vehicle, "trailer" or semitrailer de- will be computed annually based on our signed for travel on public roads; or rates or premiums in effect at the beginning of each year of the policy. CA 00 01 03 06 ¨ ISO Properties, Inc., 2005 Page 9 of 12££ ££ LfztfsNbstupoBttpdjbuft-Jod QpmjdzOp;BXGB5:115: 2. Any other land vehicle that is subject to a com-Paragraph a. above does not apply to fuels, lu- pulsory or financial responsibility law or other bricants, fluids, exhaust gases or other similar motor vehicle insurance law where it is licensed "pollutants" that are needed for or result from or principally garaged. the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: However, "auto" does not include "mobile equip- ment". (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or released C. "Bodily injury" means bodily injury, sickness or dis- directly from an "auto" part designed by ease sustained by a person including death result- its manufacturer to hold, store, receive ing from any of these. or dispose of such "pollutants"; and D. "Covered pollution cost or expense" means any (2) The "bodily injury", "property damage" or cost or expense arising out of: "covered pollution cost or expense" does 1. Any request, demand, order or statutory or not arise out of the operation of any regulatory requirement that any "insured" or equipment listed in Paragraph 6.b. or others test for, monitor, clean up, remove, con- 6.c. of the definition of "mobile equip- tain, treat, detoxify or neutralize, or in any way ment". respond to, or assess the effects of "pollut- Paragraphs b. and c. above do not apply to ants"; or "accidents" that occur away from premises 2. Any claim or "suit" by or on behalf of a govern- owned by or rented to an "insured" with respect mental authority for damages because of test- to "pollutants" not in or upon a covered "auto" if: ing for, monitoring, cleaning up, removing, con- (1) The "pollutants" or any property in which taining, treating, detoxifying or neutralizing, or the "pollutants" are contained are upset, in any way responding to or assessing the ef- overturned or damaged as a result of the fects of "pollutants". maintenance or use of a covered "auto"; "Covered pollution cost or expense" does not in- and clude any cost or expense arising out of the actual, (2) The discharge, dispersal, seepage, mi- alleged or threatened discharge, dispersal, seep- gration, release or escape of the "pollut- age, migration, release or escape of "pollutants": ants" is caused directly by such upset, a. That are, or that are contained in any prop- overturn or damage. erty that is: E. "Diminution in value" means the actual or per- (1) Being transported or towed by, handled, ceived loss in market value or resale value which or handled for movement into, onto or results from a direct and accidental "loss". from the covered "auto"; F. "Employee" includes a "leased worker". "Em- (2) Otherwise in the course of transit by or ployee" does not include a "temporary worker". on behalf of the "insured"; G. "Insured" means any person or organization quali- (3) Being stored, disposed of, treated or fying as an insured in the Who Is An Insured provi- processed in or upon the covered "auto"; sion of the applicable coverage. Except with re- spect to the Limit of Insurance, the coverage af- b. Before the "pollutants" or any property in forded applies separately to each insured who is which the "pollutants" are contained are seeking coverage or against whom a claim or moved from the place where they are ac- "suit" is brought. cepted by the "insured" for movement into or onto the covered "auto"; or H. "Insured contract" means: c. After the "pollutants" or any property in 1. A lease of premises; which the "pollutants" are contained are 2. A sidetrack agreement; moved from the covered "auto" to the place where they are finally delivered, disposed of 3. Any easement or license agreement, except in or abandoned by the "insured". connection with construction or demolition op- erations on or within 50 feet of a railroad; Page 10 of 12 ¨ ISO Properties, Inc., 2005 CA 00 01 03 06££ ££ LfztfsNbstupoBttpdjbuft-Jod QpmjdzOp;BXGB5:115: 4. An obligation, as required by ordinance, to in- 3. Vehicles that travel on crawler treads; demnify a municipality, except in connection 4. Vehicles, whether self-propelled or not, main- with work for a municipality; tained primarily to provide mobility to perma- 5. That part of any other contract or agreement nently mounted: pertaining to your business (including an in- a. Power cranes, shovels, loaders, diggers or demnification of a municipality in connection drills; or with work performed for a municipality) under b. Road construction or resurfacing equipment which you assume the tort liability of another to such as graders, scrapers or rollers. pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a 5. Vehicles not described in Paragraph 1., 2., 3., liability that would be imposed by law in the ab- or 4. above that are not self-propelled and are sence of any contract or agreement; maintained primarily to provide mobility to per- manently attached equipment of the following 6. That part of any contract or agreement entered types: into, as part of your business, pertaining to the rental or lease, by you or any of your "employ- a. Air compressors, pumps and generators, ees", of any "auto". However, such contract or including spraying, welding, building clean- agreement shall not be considered an "insured ing, geophysical exploration, lighting and contract" to the extent that it obligates you or well servicing equipment; or any of your "employees" to pay for "property b. Cherry pickers and similar devices used to damage" to any "auto" rented or leased by you raise or lower workers. or any of your "employees". 6. Vehicles not described in Paragraph 1., 2., 3. or An "insured contract" does not include that part of 4. above maintained primarily for purposes any contract or agreement: other than the transportation of persons or a. That indemnifies a railroad for "bodily injury" cargo. However, self-propelled vehicles with or "property damage" arising out of con- the following types of permanently attached struction or demolition operations, within 50 equipment are not "mobile equipment" but will feet of any railroad property and affecting be considered "autos": any railroad bridge or trestle, tracks, road- a. Equipment designed primarily for: beds, tunnel, underpass or crossing; or (1) Snow removal; b. That pertains to the loan, lease or rental of (2) Road maintenance, but not construction an "auto" to you or any of your "employees", or resurfacing; or if the "auto" is loaned, leased or rented with a driver; or (3) Street cleaning; c. That holds a person or organization en- b. Cherry pickers and similar devices mounted gaged in the business of transporting prop- on automobile or truck chassis and used to erty by "auto" for hire harmless for your use raise or lower workers; and of a covered "auto" over a route or territory c. Air compressors, pumps and generators, that person or organization is authorized to including spraying, welding, building clean- serve by public authority. ing, geophysical exploration, lighting or well I. "Leased worker" means a person leased to you by servicing equipment. a labor leasing firm under an agreement between However, "mobile equipment" does not include you and the labor leasing firm, to perform duties land vehicles that are subject to a compulsory or related to the conduct of your business. "Leased financial responsibility law or other motor vehicle worker" does not include a "temporary worker". insurance law where it is licensed or principally ga- J. "Loss" means direct and accidental loss or dam- raged. Land vehicles subject to a compulsory or fi- age. nancial responsibility law or other motor vehicle in- surance law are considered "autos". K. "Mobile equipment" means any of the following types of land vehicles, including any attached ma- "Pollutants" means any solid, liquid, gaseous or chinery or equipment: thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and 1. Bulldozers, farm machinery, forklifts and other waste. Waste includes materials to be recycled, vehicles designed for use principally off public reconditioned or reclaimed. roads; M. "Property damage" means damage to or loss of 2. Vehicles maintained for use solely on or next to use of tangible property. premises you own or rent; CA 00 01 03 06 ¨ ISO Properties, Inc., 2005 Page 11 of 12££ ££ LfztfsNbstupoBttpdjbuft-Jod QpmjdzOp;BXGB5:115: N. "Suit" means a civil proceeding in which: b. Any other alternative dispute resolution pro- ceeding in which such damages or "covered 1. Damages because of "bodily injury" or "prop- pollution costs or expenses" are claimed erty damage"; or and to which the insured submits with our 2. A "covered pollution cost or expense", consent. to which this insurance applies, are alleged. O. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- "Suit" includes: ployee" on leave or to meet seasonal or short-term a. An arbitration proceeding in which such workload conditions. damages or "covered pollution costs or ex- P. "Trailer" includes semitrailer. penses" are claimed and to which the "in- sured" must submit or does submit with our consent; or Page 12 of 12 ¨ ISO Properties, Inc., 2005 CA 00 01 03 06££ ££ Policy No: ZDFA49104910 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution from any other insurance available to the Primary And Noncontributory Insurance additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Qpmjdz!Op;!BXGB5:115: Qpmjdz!Op;!BXGB5:115: Qpmjdz!Op;!BXGB5:115: Qpmjdz!Op;!BXGB5:115: Qpmjdz!Op;!BXGB5:115: Qpmjdz!Op;!BXGB5:115: Qpmjdz!Op;!BXGB5:115: