HomeMy WebLinkAboutAPPRISS INC. f/n/a VINE COMPANY 1A - 2002AGREEMENT TERMINATION
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Please complete this form when the attached agreement is no longer in effect.
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Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-5238 if you have. any ~,,,~
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Revised 8-7-0~ ~~~ Clerk of the Council
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N-2002-DS5
03
Provider of the VINE" Service
Service Agreement - Renewal
Agreement No.: 01091093-02
Date: 26 June 2002
BETWEEN:
Appriss, Inc.
10401 Linn Station Rd., Suite 200
Louisville, KY 40223-3842
(CUSTOMER):
City of Santa Ana
Santa Ana Police Department
60 Civic Center Plaza
Santa Ana, CA. 92702
I.
Appriss, Inc. f/k/a The Vine Company (the "Service Provider"), hereby agrees to provide
victim notification services as described herein and in proposal # 100901228-02 attached
to this Agreement (the "Services"). The services will be provided in connection with the
following sites: Santa Ana Police Department. The services will be provided to: The
City of Santa Ana (the "Customer"). The Customer hereby agrees to purchase from the
Service Provider the Services on the terms and conditions hereinafter set forth. This
Renewal Agreement shall be effective as of the 1 sl day of October 2002, and continue for
twelve (12) consecutive months. Billing of 'Recurring Operational Fees' shall not effect
the Service Agreement renewal date. (See Section VI of this Agreement and
Implementation Schedule A, attached.)
II.
Description of Services.
VINE@ Service. Subject to the conditions and limitations contained herein, the Service
Provider shall provide the Services on a 24 hour a day, 7-day a week basis through its
automated call center (the "VINE" Call Center"). This victim notification service shall
herein be referred to as the "VINE@ Service." Included in this VINE" Service are the
initial labor and expenses to dedicate a special telephone number for the Customer's use
of the VINE@ Call Center. The VINE@ Service includes the processing of incoming and
outgoing victim calls as well as other services, which are described in the attached
proposal. Victim notification calls only occur after the Customer manually enters the
required data into a VINE@ workstation or the Customer's automated system creates a file
with the required data that is transmitted to the VINE@ Call Center. Upon receipt of the
required data, the notification processes as defined in the VINE@ proposal are performed.
The Customer is responsible for making modifications to their automated system and will
manage their internal resources and/or system vendor to complete the required
programming to provide the Service Provider with the data required for the signal
notification. The Customer shall bear all costs associated with these changes or
modifications to their existing automated system. The Service Provider acts only in the
Page 1 of2
VCF (Ver. 7.0)
r .
III.
IV.
V.
VI.
Service Agreement
capacity of consultant to assist in this work. The Service Provider is responsible for all
development associated with the processing of the notification signal and the actual
notification attempts once the signal has been transmitted. Where applicable, costs of
postage and stationary are excluded.
Supplies and Materials. The Service Provider shall make available certain materials and
supplies to the Customer for use in introducing VINE@ to the community. Quantities of
support materials, such as brochures, posters and similar material as quoted in the
attached proposal, are included in start-up and are provided annually as a part of the
recurring operational fees. At the Customer's expense, additional quantities of support
materials may be purchased from the Service Provider at our published pricing.
Fees and Commissions. Prior to this Agreement being valid, and service to begin, the
Service Provider must receive a purchase order from the Funding Agency to cover the
following fees. The Customer billing contact information and Funding Agency contact
information must be provided in Schedule B (attached).
a. Non-Recurring Startup Fees. These fees are for establishing the system connection,
startup, training, and interface development. The Service Provider shall bill these
fees, which are due prior to work beginning on this project. The startup fees for
services on this project are waived. (This service agreement is for contract renewal
purposes only).
b. Recurring Operational Fees. These fees cover the annual cost of operating and
supporting the VINE@ Service. Hardware and software service is included in this
fee. All incoming and outgoing calls are included in these fees as well as 24 hour
monitoring of the service and the cost oftransmitting all data. The Service Provider
will begin billing at the new annual rate upon return of signed document. The
operational fees for the first twelve months of the VINE@ Service will be $8,268.00.
Invoices not paid within 30 days will be assessed a finance charge of 1 % per month.
Performance of Additional Services. The parties agree that should the Service Provider
choose to perform, at the Customer's request, any services not covered by this
Agreement, the Customer shall compensate the Service Provider for its direct labor, parts
and subcontracted work at the Standard Rate of $160.00/hour and Overtime Rates of
$ 175.00/hour.
Implementation Schedule. The Implementation Schedule, attached hereto as Schedule
A and incorporated herein by reference, provides the planned timeline and required
milestones for delivery of the VINE@ Service to the Customer, subject to Section xn
hereof.
Page 2 of8
VCF (Ver.7.0)
APOOI ,OOOAP, 12020HOUISVILLE
VII.
Service Agreement
Warranty. The Service Provider represents and warrants the services shall be performed
by qualified personnel in a competent and professional manner. If the software does not
substantially conform to the software specification, the Service Provider's sole obligation
under this warranty is to remedy such defect, provided that the software has not been
modified by anyone other than the Service Provider. THESE EXPRESS LIMITED
WARRANTIES ARE IN PLACE OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL
SUCH OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED
BY THE SERVICE PROVIDER.
VIII. Ownership of Intellectual Property. The Service Provider retains all ownership rights
in the Software and all documents, designs, inventions, copyrightable material, patentable
and unpatentable subject matter and other tangible materials authored or prepared by the
Service Provider (the "Intellectual Property") in connection with the services. Nothing
contained herein shall be construed to grant the Service Provider any ownership rights in
data supplied by the Customer to the Service Provider in connection with this Agreement.
IX.
Intellectual Property Indemnification. The Service Provider hereby agrees to
indemnify, hold harmless and defend the Customer, its affiliates, subsidiaries, officers,
directors, employees, independent contractors and agents from and against all claims,
liabilities, losses, expenses (including reasonable attorneys' fees), fines, penalties, taxes
or damages (collectively "liabilities") asserted by any third party against the Customer to
the extent such liabilities result from the infringement by the software of any third party's
trade secrets, trademarks, copyrights, or patents issued as of the date of this Agreement;
provided that the Customer (i) promptly notifies the Service Provider of any third party
claim subject to indemnification hereunder, (ii) gives the Service Provider the right to
control and direct the preparation, defense and settlement of any such claim and (iii) gives
full cooperation to the Service Provider for the defense of same. The foregoing
provisions shall not apply to any infringement arising out of: (i) use of the software other
than in accordance with applicable documentation or instructions supplied by the Service
Provider or for other than the Customer's internal purposes; (ii) any alteration,
modification or revision of the software not expressly authorized in writing by the Service
Provider; or (iii) the combination of the software with materials not supplied by the
Service Provider.
In case any of the software or any portion thereof is held, in any such suit to constitute
infringement, the Service Provider may within a reasonable time, at its option, either (i)
secure for the Customer the right to continue the use of such infringing item; or (ii)
Page30f8
VCF (Ver.7.0)
APOOI ,OOOAP, 120203,LOUISVILLE
X.
XI.
XII.
Service Agreement
replace, at the Service Provider's sole expense, such item with a substantially equivalent
non-infringing item or modify such item so that it becomes non-infringing.
Confidentiality. The Service Provider shall not disclose or remarket to any person, firm
or entity any Confidential Information without the Customer's express, prior written
permission; provided, however, that notwithstanding the foregoing, the Service Provider
may disclose Confidential Information to the extent that, on the advice of Service
Providers' counsel, it is required to be disclosed pursuant to a statutory or regulatory
provision or court order. "Confidential Information" means all documents, reports, data,
records, forms and other materials obtained by the Service Provider from the Customer in
the course of performing any Services (including, but not limited to, the Customer records
and information): (i) that have been marked as confidential; (ii) whose confidential nature
has been made known by the Customer to the Service Provider; or (iii) that due to their
character and nature, a reasonable person under like circumstances would treat as
confidential. Notwithstanding the foregoing, Confidential Information does not include
information which: (i) is already known to the Service Provider at the time of disclosure
by the Customer; (ii) is or becomes publicly known through no wrongful act of the
Service Provider; (iii) is independently developed by the Service Provider without benefit
of the Customer's Confidential Information; or (iv) is received by the Service Provider
from a third party without restriction and without a breach of an obligation of
confidentiality.
Liability Limit. THE SERVICE PROVIDER'S TOTAL LIABILITY TO THE
CUSTOMER SHALL BE LIMITED TO DIRECT DAMAGES IN AN AMOUNT NOT
TO EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE
SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE LOSS.
THE FOREGOING REMEDY IS THE CUSTOMER'S SOLE AND EXCLUSIVE
REMEDY. THE SERVICE PROVIDER SHALL NOT BE LIABLE TO THE
CUSTOMER FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES EVEN IF THE SERVICE PROVIDER HAS KNOWLEDGE OF THE
POSSffiILITY OF SUCH LOSS OR DAMAGE. THE SERVICE PROVIDER WILL
NOT BE RESPONSffiLE FOR FAILURE TO PROVIDE SOFTWARE OR SERVICES
IF DUE TO ANY CAUSE OR CONDITION BEYOND THE SERVICE PROVIDER'S
CONTROL.
Force Majeure. The Service Provider shall not bear any liability or responsibility
whatsoever to any other party for any failure to perform or delay caused by fire,
earthquake, explosion, flood, hurricane, tornadoes, the elements, acts of God or the public
enemy, restrictions, limitations or interference of governmental authorities or agents, war,
invasion, insurrection, rebellion, riots, strikes or lockouts, inability to obtain necessary
materials, goods, services, utilities or labor, or any other cause whether similar or
Page 4 of 8
VCF (Ver.7.0)
APOO I ,OOOAP, 12020HOU ISVIU.E
Service Agreement
dissimilar to the foregoing which is beyond the reasonable control ofthe Service
Provider, and any such failure or delay due to said causes or any of them.
XIII. Entire Agreement; Inconsistent Terms. This Agreement and all exhibits and schedules
attached hereto is the complete and exclusive statement of the agreement between the
Customer and the Service Provider, and supersedes any and all other agreements, oral or
written, between the parties. This Agreement may not be modified except by written
instrument signed by the Customer and by an authorized representative of the Service
Provider. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof,
shall not bind or obligate the Service Provider.
XIV. Term and Termination. This Agreement shall commence upon the date set forth above
and continue in effect for twelve (12) months after the Operational Fee Billing Date. This
Agreement shall automatically renew, after the initial term, for a twelve (12) months
period unless either party provides to the other party written notice of the intent to cancel
thirty (30) days prior to the renewal date. Any changes in pricing for this Agreement will
be mutually negotiated between the Service Provider and the Customer prior to contract
renewal. Either party may terminate this Agreement if the other party breaches this
Agreement and fails to cure such breach within 30 days of written notice of such breach.
In the event of any expiration or termination, Customer shall cease any further use of the
Intellectual Property and the software.
xv.
Parties in Interest. Nothing in this Agreement, express or implied, is intended to confer
upon any other person any rights or remedies of any nature whatsoever under or by reason
of this Agreement. Nothing in this Agreement shall be construed to create any rights or
obligations except among the parties hereto, and no person or entity shall be regarded as a
third-party beneficiary of this Agreement.
XVI. Assignment. This Agreement shall bind and inure to the benefit of the Service
Provider's successors and assigns. The Customer may not assign its rights, duties, or
obligations under this Agreement without prior written consent ofthe Service Provider.
XVII.
Jurisdiction and Choice of Law. This Agreement and all questions relating to its
validity, interpretation, performance, and enforcement shall be governed and construed in
accordance with the laws of the State of California. Service Provider and Customer
hereby consents to the jurisdiction of any competent court of record ofthe State of State
of California with respect to any actions arising from this Agreement. No action may be
brought by either party against the other later than one (1) year after the cause of action
has accrued.
Page 5 of 8
VCF (Ver.7.0)
APOOI ,OOOAP, 120203LOUISVILLE
Service Agreement
XVIII. Customer's Project Manager. For the purposes of this project, the following contact
will be used as the Customer's project management contact. All project responsibilities
that belong to the Customer will be coordinated and managed by this contact. The
Customer appoints the project manager to be Nicole Porter, who can be reached at (714)
245-8343.
~~
Slgnatur
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ate
Michael Davis
Name
President
Title
Customer Acceptance of Renewal: This renewal notice extends all terms of the original
agreement during the RENEWAL TERM outlined herein. All pricing, service terms, and other
contract conditions are in force and remain unchanged during this renewal period unless
specifically noted. No interruptions in delivery of service will occur in relation to this service
agreement renewal.
(J2:\1h
Signature
~ -( :? -<1"-
Date
rnUl- M. WALTf£.s
Name
~ IeF () F f' 0 L\ e£...,
Title
em "' ""'~
~
City Manager
Page 6 ofB
VCF (Ver.7.0)
APOOI ,OOOAP, 120203LOUISVILLE
MILESTONE
Contract signed
Initial conference call with
Project team
Request for project information sent:
- customer questionnaire
- roject schedule
stionnaire
Draft design docwnent sent
Revisions to design document
Pi@l!eJllgþ',a¡iptoved
Promotional materials prototypes sent
E uI ment installed
Appriss quality assurance test complete
Final promotional materials printed
VINE@ Service online; billing begins
Training complete
Media announcement
SCHEDULE A
(Customer) VINE@ Service
Implementation Schedule
RESPONSIBILITY
ELAPSED TIME
TO COMPLETE
Work
Days
0
ACTUAL DATES
Determined After
Contract Signed
Customer
Weeks
0
APPRISS/Customer
10 2
10 2
4
APPRISS
APPRISS
APPRISS
APPRISS
APPRISS/Customer
APPRISS/Customer
11
55 11
80 16
80 16
90 18
90-100 18-20
90-100 18-20
Milestones highlighted above are the responsibility of the Customer and are on the critical path for
scheduled delivery of the VINE@ Service to the Customer. Actual calendar dates will be determined
by the Appriss Project Manager based on the date of the contract and this schedule will be signed at
that time by the Customer Project Manager and the Appriss Project Manager. If the Customer fails
to meet these milestones and the project Implementation Schedule is delayed as a result, billing of
Recurring Operational Fees will begin as scheduled at 90 work days (18 weeks) after the contract
date.
Customer Project Manager
Appriss Project Manager
Page 7 ofB
VCF (Ver.7.0)
APOO 1 ,OOOAP, lZOZOHOUISVILLE
APPRISS, Inc.
SERVICE AGREEMENT - SCHEDULE B
Customer:
Billing Address:
Street Address
City
State
Zip
Finance Contact:
Name
Title
Telephone:
E-mail:
Fax:
Funding Source:
Billing Address:
Street Address
City
State
Zip
Finance Contact:
Name
Title
Telephone:
Fax:
Date funds to be received from Funding Source:
Mail payments to:
APPRISS, INC.
PO BOX 632539
CINNINATI, OH 45263-2539
Questions and correspondence related to billings and/or payments may be directed to:
Ted Williams
Corporate Controller
Appriss, Inc.
10401 Linn StaIion Road, Suite 200
Louisville, KY 40223-3842
800-816-0491, ext. #3930
502-815-0301 fax
twilliams@appriss.com
or
Katrina Green
Appriss, Inc.
10401 Linn StaIion Road, Suite 200
Louisville, KY 40223-3842
800-816-0491, ex!. #3839
502-815-0301 fax
kgreen@appriss.com
Page 8 of 8
VCF (Ver.7.0)
,,' . ~¡;>R..6.200d
3: 13PM
NO.293
P.2/31
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ONLY AND CONfERS NO RIGHTS UPON THE C.RTIACATE
1700 EASTPOINT PARKWAY HOLDER. THIS CERTIFICATE DOES IIIOT AMEND. EXTEND OR
ALTER THE COVERAGE AffORDED BY THE POLICIES BELOW.
P.O. BOX 23790
LOUISVILLE, KY 40223 INSURERS AFfORDllIIG COVERAGE
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NO. 293
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IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the pclicyliesl must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsementls}.
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a oontraCt between
the issuing insurer!s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the polioies listed thereon,
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This insuring agreement provides general
liability protection for your business. There
are. of course, limitations and exclusions
throughout this agreement that apply to that
protection. As a result, this agreement
should be read carefully to determine the
extent of the coverage provided to you and
other protected persons.
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NO. 293
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11IISIIIU
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Tallie of Contents
Whet This Agreement Covers
Bodily injury and property
liability.
Personal injury lIabll ity.
Advertising injury liability.
Medical expenses.
Right and duty to defend a
person.
Additional payments.
Right to appeal a judgment
protected person.
against a
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damage
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protected
When This Agreement Covers
Bodily injury and property damage
liability.
Personal injury liability.
Advertising injury liability.
Medical expenses.
Where This Agreement Covers
Who Is Protected Under This Agreement
Individual.
Partnership or joint venture.
Limited liability company.
Corporation or other organization.
Employees and volunteer workers.
Real estate managers.
landlords.
Equipment lessors.
Persons or organizations for your work
as required by written contract.
Vendors of your products.
Operators of registered mobile
equipment.
Unnamed subsidi aries.
Newly acquired or formed
organizations.
Separation of protected persons.
LImits Dr Coverlge
General total limit.
Products and completed work total
limit.
Personal injury each person limit.
Advertising injury each person limit.
Page
2
Each event limit.
How the limits of coverage apply if a
total limit is left blank.
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Exclusions - WhIt This Agreement Won't
Cover
Aircraft.
Auto.
Breach of contract.
Contract liability.
Control of property.
Damage to your products or completed
work.
Deliberately breaking the law.
Employers liability.
Employment-related practices.
Expected or intended bodily injury or
property damage.
False material.
Impaired property.
Intellectual propertY.
Liquor liability.
Material previously made known or
used.
Medical expenses of certain persons.
Mobile equipment.
Nuclear energy liability.
Pollution injury or damage.
Pollution work loss. cost. or expense.
Poor quality or performance.
Product recall.
Unnamed p!!rtnership, Joint venture. or
limited liability company.
Watercraft.
Workers compensation and other
benefits laws.
Wrong price description.
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Other Insurance
Primary or excess other insurance.
When this agreement is excess
insurance.
Methods of sharing.
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Page 1 of 28
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NO.293
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IboSrRIuI
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What This Agreement Covers
Bodily Injury and property damage liability.
We'll pay amounts any protected person is
legally required to pay as damages for
covered bodily injury or property damage
that:
. hllppens while this agreement is in effect;
and
. Is caused by an event.
Protected person means I!Iny person or
orgl!lnization thllt qualifies I!IS a protected
person under the Who Is Protected Under
This Agreement section.
Bodily injury means any physical harm,
including sickness or disease, to the
physical health of other persons.
We'll consider any of the following that
happens at any time to be part of such
physical harm, sickness, or disease, if it
results in or from such physical harm,
sickness, Dr disellse:
. Mental anguish, injury, or illness.
. Emotional distress.
. Care, loss of services, or death.
We'll consider any bodily Injury that's a
continuation, change, or resumption of
previously known bodily injury to happen
before this agreement begins if such
continuation, chl!lnge, or resumption would
otherwise be covered by this agreement
becaLjse of a continuous, multiple, or other
coverage trigger required under the law that
applies.
Of course, if there's a contlnul!ltlon, change,
or resumption, after this agreement ends, of
bodily injury that:
. isn't previously known bodily Injury; and
. happens while this agreement is in effect;
we'll consider such continuation, change, or
resumption to also happen while this
agreement is in effect if that would be the'
result because of a continuous, multiple, or
other coverage triggar required under the law
that applies.
Previously known bodily Injury means
bodily Injury that happened before this
agreement begins end was known by you or
any described Individual protected parson
before this agreement begins as a result of
any of tha following at thl!lt time:
. You or any described individual protected
person reporting all or part of that bodily
injury to us or any other insurer.
. You or any described Individual protected
person receiving e claim or suit for all or
part of that bodily injury.
. Any described individual protected person
witnessing, or being told of, the beginning,
or any change, continuation, or resumption,
of all or part of that bodily injury.
Described individual protected person
means any of the following:
. You or your spouse if you are an
individual.
. Any of your partners or co-vanturers that
are individuals, or their spouses, if you
are II partnership or joint venture.
. Any of your members or managers if you
ere a limited liability company.
. Any of your directors or executive
officers if you I!Ire a corporation or other
organization.
. Any of your employees who is or acts liS
your insurance or risk. manager or holds a
position in your insurance, risk
management, or legal department.
Property damage means:
. physical damage to tangible property of
others, including all resulting loss of use
of that property; or
. loss of use of t2lngible property of others
that isn't physically damaged. For
axample:
One of your employees accidentally causes
a fire in your premises. The fire
department responds and orders nearby
businesses to close for safety reasons
while it fights the fire. Your premises is
hewi/y damaged by the fire. But none of
the nearby businesses are physically
damaged. As a result, we'll consider the
period of time those busif/flSses are
closed due to your fire to be loss of use
of tangible property of others that Isftt
physically damaged.
We'll consider all physical daml!lge to
tangible property of others that's a
continuation, change, or resumption of
previously known physical damage to
47150 Rev. 7-01 Printed In U.S.A.
Page 2 of 28 ilÞSt.Paul Fire I!Ind Marine Insur"",," /"", ~nl'l1 ." "'_~h "- --
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tangible property of others to happen before
this agreement begins if such continuation,
change, or resumption would otherwise be
covered by this agreement because of a
continuous, multiple, or other coverage
trigger required under the law that applies.
8
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Of course, if there's a continuation, change,
or resumption, after this agreement ends, of
physical damage to tangible property of
others that:
. isn't previously known physical damage to
tengible property of others; and
. happens while this agreement Is in effect;
we'll consider such continuation, change, or
resumption to also happen while this
agreement is in effect if that would be the
result because of a continuous, multiple, or
other coverage trigger reql1ired under the law
that applies.
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We'li consider all loss of use of:
. damaged tangible property to happen at
the time of the physical damage that
caused it; and
. undamaged tangible property to happen at
the time of the event that caused it.
Tangible property does not include data.
Previously known physical damage to
tangible property of others means physical
damage to tangible property of others that
happened before this agreement begins and
was known by you or any described
individual protected person before this
agreement begins as a result of any of the
following at that time;
. You or any described individual protected
person reporting all or part of that
property damage to us or any other
insurer.
. You or any described individual protected
person receiving e claim or suit for all or
part of that property damage.
. Any described individual protected person
witnessing, or being told of, the beginning,
Or any change, continuation, or resumption,
of all or pllrt of that property damage.
NO. 293
P.6/31
tl-sfillul
. claim and suit in the Right and duty to
defend a protected person section;
. executive officer and other organization in
the Corporation or other organization
section; and
. employee in the Employees and voll1nteer
workers section.
Personal Injury liability. We'll pey emounts
any protected person is legally required to
pay as damages for covered personal injury
that;
. results from your business activities; and
. is caused by a personal injury offense
committed while this agreement is in
effect.
Personal injury means injury, other than
bodily injury or advertising injury, that's
caused by a personal injury offense.
PerSOmJl injury offense means any of the
following offenses;
. False arrest, detention, 0< imprisonment.
. Malicious prosecution.
. Wrongful entry imo, or wrongful eviction
from, a room, dwelling, or premises that a
person occupies, if such entry or eviction
is committed by or for the landlord,
lessor, or owner of that room. dwelling,
or premises.
. Invasion of the right of private occupancy
of a room, dwelling, or premises that a
person occupies, if such invllsion is
committed by or for the landlord, lessor,
or owner of that room, dwelling, or
premises.
. Libel, or slander, In or with covered
material.
. Making known to any person or
organization covered material that
disparages the business, premises,
products, services, work, or completed
work of others.
. Making known to IIny person or
organization covered mllterlal that violates
a person's right of privacy.
Event means an accident, including
continuous or repeated exposure to
substantially the same general harmful
conditions. ~
We explain the terms:
Cwered material means any material in any
form of expression, including material made
known in or with any electronic means of
communication. such as the Internet.
513ò
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
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Advertising injury liability. We'll pay amounts
any protected person is legally required to
pay as damages for covered advertising
injury that:
. results from the advertising of your
products, your work, or your completed
work; IInd
. is caused by an advertising injury offense
committed while this agreement is in
effect.
We won't consider IIdvertising, borders, Or
frames for or of others, or links for or to
others, that are on or in your website to be
advertising of your products, your work, or
your completed work.
Advertising injury means Injury, other than
bodily injury or personal injury, that's
caused by an advertising injury offense.
Advertising Injury offense means any of the
following offenses:
. Libel, or shinder, in or with covered
material.
. Making known to IIny person or
org!!nlzation covered material that
disparages the business, premises,
products, services, work, or completed
work of others. '
. Making known to any person or
organization covered material that violates
a person's right of privacy.
. Unauthorized use of any advertising
material, or any slogan or title, of others
In your advertising.
Advertising means attracting the ..ttention of
others by any means for the purpose of:
. seeking customers or supporters; or
. increasing sales Or business.
Advertising material means any covered
material that:
. is subject to copyright law; and
. others use and intend to attract attention
In their advertising.
Slogan means a phrase that others use and
intend to attract attention in their
advertising.
But we won't consider slogan to include a
phrase used as, or In, the name of:
NO. 293
P. 7/31
. any person or organization, other than you;
or
. any business, or any of the premises,
products, services, work. or completed
work, of any person or organization, other
than you.
Title means.. name of a literary or ertlstic
work.
We explain the terms:
. covered material in the Personal injury
liability section; and
. your products, your work, and your
completed work In the Products and
completed work total limit section.
Medicil elpenses. We'll pay covered medical
expenses that result from bodily injury
caused by an event that happens while this
agreement is ill effect, even if the protected
person isn't legally required to pay such
expenses.
Medical expðnses means the reasonable
expenses incurred by ..ny person or
organiz..tlon for necessary medical services
received by a person anytime within three
ye!!rs of the beginning date of an event that
causes that person to sustain bodily Injury.
Medical services includes:
.. first aid received 'It the time of an event;
. ambulance and emergency care services;
.. dental, hospital, medical, nursing. surgical,
x-ray, and other health care professional
services;
. !!rtlficial limbs and organs; and
. funeral services.
We explain the term health care professional
services in the Employees and volunteer
workers section.
Right Ind duty to defend I protected person,
We'll have the right and duty to defend any
protected person against a claim or suit for
injury Or damage covered by this "Breement.
We'll have such right and duty even if all of
the allegations of the claim or suit are
groundless, false, or frlludulent. But we
won't h!!ve a duty to perform any other act
or service.
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47150 Rev, 7-01 Printed in U.S.A.
Page 4 of 28 =St.Paul Fire and Marine Insurance Co. 2001 All Riaht.. R""",voo'"
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We'll have the right to investigate any
event, offense, claim, or suit to the extent
we believe is proper. We'll also have the
right to settle any claim Or sljit within:
. any applicable deductible; or
. the available limits of coverage.
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Our duty to defend protected persons ends
when wa have used up the limits of
coverage that apply with the payment of:
. judgments;
. settlements; or
. medical expenses.
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Claim means a demand that seeks damages.
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Suit means a civil proceeding that seeks
damages. It includes:
. an arbitration proceeding for damages to
which the protected person must submit,
or submits with our consent; and
. any other alternative dispute resolution
proceeding for damages to which the
protected person submits with our consent.
Injury or damage means:
. bodily Injury, personal injury, or
advertising injury; or
. property damage.
Offense means any:
. personal injljry offense; or
. advertising Injury offense.
Additional PllVlllents. We'll have the duty to
malee only the additionlll payments shown
below in connection with any cillim or suit
under this agreement against a protected
person when we:
. investigate or settle the c; aim or suit; or
. defend the protected person against the
claim Or sljit.
These payments are in addition to the limits
of coverllge.
Our duty to make additional payments ends
when we have used up the limits of
coverage that apply with the payment of:
. judgments:
. settlements; or ~ 7/30
. medical expenses,
NO. 293
P.8/31
1høStRlul
Our expenses.
incur.
We'll pay all expenses we
Bail bonds. We'll pay up to $2,500 of the
cost of ball bonds that are required because
of acc;idents or violations of traffic laws.
But only if the accidents or violations result
from the ljse of a vehicle to which this
agreement applies. We don't have to fljrnish
such bonds.
Bonds to release property. We'll pay the
cost of bonds to release property that's
being used to secure a legal obligation. But
only fOr bond amounts within the available
limit of coverage. We don't have to furnish
such bonds.
Expenses incurred by protected persons.
We'll pay all reasonllble expenses that any
protected person incurs at our request whila
helping us investigate or settle, or defend a
protected person ~galnst, a claim or suit.
But we won't pay more than $500 per day
for earnings actually lost by the protected
parson because of time takan off from
work.
Taxed costs. We'll p~y all costs taxed
against ~ny protected person for covered
injury or damage in ~ suit.
Prejudgment interest. We'll pay the Interest
that accumulates before a judgment and is
awarded against the protected person on
that part of a judgment we pay. But if we
make a settlement offer to pay the available
limit of coverage, we won't pay the
prejudgment interest that accumulates after
the date of our offer.
POSt judgment interest. We'll pay 1111
interest that accumulates on the full amount
of that part of a judgment for which we
make a pllyment. But only from the date of
the judgment tp the date we pay, or deposit
in court, the limit of coverege that applies
to the judgment.
Appeal bonds. If We have the duty to
appeal a judgment that includes damages
covered by this agreement, and you IIgree
We Clln appeal that judgment, we'll pay the
cost of any appeal bond required for that
appe~l. But only for that part of the
judgment that is for damages covered by
this agreement and is within the available
limit of coverage. However, we'll pay, or
47160 Rev. 7-01 Printed in U.S.A. Insuring Agreement
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114rlltul
raimbllrse the protected parson, for the cost
of a nigher appeal bond amount if we're
required to do so under the law tnat applies.
But we won't be the principal under any
sllch bond. Nor do we have to furnish any
appeal bond. The resllits of an appeal won't
change the limits of coverage that apply
under this agreement.
Right to Ippeal a judgment Igainst I protected
person. We'll have the rignt to appeal a
judgment that we don't have a duty to
appeal. But only if the judgment;
. includas damages for injury or damage
covered by this agreement;
. Is awarded in a suit for which we defend
a protacted person; and
. is awarded against the protected person.
If we appeal such a judgment, we'll pay the
fallowing that result directly from that
appeal:
. All expenses we incur.
. All reasonable expenses that allY protected
person Incurs at our request wnile helping
us with the appeal, other than the cost of
appeal bonds.
. The cost of any required appeal bond.
But only for that part of the judgment that
is for damages coverad by this agreement
and is within the available limit of
coverage. However, we'" pay, or
raimburse the protected person, for tne
cost of a higher appeal bond amount If
we're required to do so under the law that
applies. But we won't be the principal
under allY such bond. Nor do we halVe to
furnish any appeal bond.
. All post judgment interest that accumulates
on the fllil amount of the jlldgment. But
only from the date of the judgment to the
date we pay, or deposit In court, the limit
of coverage that applies to the judgment.
These payments are in addition to the limits
of coverage. However, the results of an
appeal woll't change the limits of coverage
that apply lInder this agreement.
When This Agreement Covers
Bodily Injury IInd property dlmlge lilbility.
We'll apply this agreement to claims or
suits for covered bodily injury or property
damage whenever they're made or brought.
NO.293
P.9/31
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Personal Injury liability. We'll apply this
agraement to claims or suits for covered
personal injury whenever thay're made or
brought.
Advertising Injury liability, We'll IIpply this
agreement to claims or suits for covered
advertising injury whenever they're made or
brought.
Medicil elpaDses. We'll apply this agreement
to c:overad medical expenses ollly when
they're reported to us within three years of
the beginning date of the evallt.
Where This Agreement Covers
We'll apply, and make payments under, this
agreement:
. only In the coverage territory; and
. only for covered injury or damage that's
caused by events that happen, or offenses
that are committed, there,
However, we'll also apply, and make
payments under, this agreement in the
coverage territory for covered ill]ury or
damage that's caused by events which
happen, or offenses which ara committed, in
the rest of the world if the protected
person's liability for such injury or damage
is determined in a suit on the merits in the
coverage territory, or in a settlement agreed
to by us, and:
. the events or offenses result from the
activities of a person whose home is in
the coverage territory, but is away from
there for a short time on your business;
. the events result from your products that
are made or sold by you in the coverage
territory; or
. the offenses are committed in or with anY
electronic means of communication, such
as the Internet.
For example:
You manufacture a product in the COiIerage
territory. It is exported to Norway. A
few months later a Norwegian citizen is
allegedly injured while using that product
and, as a result, sues you, If the suit is
brought against you in the c(J /erage
territory, and it seeks damages for bOdily
injury covered by this agreement, we'll
47150 Rev. 7-01 Printed in U.S.A.
Page 6 of 28 eSt.Paul Fire and Marine Insurance Co. 2001 All Rioht.. R.....,"ø'"
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8
have the duty to defend you against the
suit and pay ~ered damages awarded in
a judgment against you. However, if the
suit is brought against you in Norway, or
anywhere else outside of the ct:Nerage
territory, we wortt have a duty to defend
you there. Also. we won't have a duty to
pay a judgment awarded Þý a court there.
even if the judgment is later recognized
and enforced Þý a court in the coverage
territory.
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Coverage territory me¡;¡ns:
. the United States of America, including its
territories and possessions;
. Puerto Rico;
. C¡;¡n¡;¡da; and
. internation¡;¡1 waIters or airspace only
during tr¡;¡vel or transport2!tion between any
of the above pieces.
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We explain the term your products in the
Products and completed work total limit
section.
Who Is Protected Under This Agreement
IndividulIl. if you are shown in the
introduction as a named insured and an
individual, you and your spouse are
protected persons only for the conduct of a
business of which you are the sole owner.
Partnership or joinl venture. If you are shown
in the Introduction as a named insured and a
partnership or ¡;¡ joint venture, you ere a
protected person. Your partners or co-
venturers, and their spouses. are protected
persons only for the conduct of your
business.
Limited lillbllhy company. If you are shown in
the Introduction as ¡;¡ named im¡ured and a
limited liability company, you are a
protected person. Your members are
protected persons only for the conduct of
your business. And your man¡;¡gers are
protected persons only for their duties as
your managers.
Corporallon or other organization. If you are
shown in the Introduction as a named
insured and a corporation or an other
organization, you are a protected person.
Your directors and executive officers are
NO. 293
P.10/31
¡Yß C¡(3û
1b8SI'Rtut
protected persons only for the conduct of
their duties as your directors or executive
officers. And your stockholders are
protected persons only for their liability ¡;¡s
your stockholders.
Other organization means an organization
other than a corporation, partnership, joint
venture. or limited liability company.
Executive officer means any person holding
an officer position craated by the charter.
constitution. or by-laws. or any other similar
governing document. of a corporation or
other org¡;¡nization.
Employees and volunteer workers. Your
employees are protected persons only for:
. work done within the scope of their
employment by you; or
. their performance of duties related to the
conduct of your business.
And your volunteer workers are protected
persons only for !lctivities or work they
conduct or perform:
. at your direction; and
. within the scope of their duties for yoU.
However, no employee or volunteer worker
is a protected person for bodily injury or
personal injury to:
. you;
. any of your partners or co-venturers If
you are a partnership or joint venture;
. any of your members or man¡;¡gers if you
are ¡;¡ limited liability company;
. !lny fellow employee;
. any fellow volunteer worker or any of
your employees; or
. the spouse, or ¡;¡ny child. parent. brother.
or sister. of that employee or volunteer
worker If such injury results from the
bodily injury or personal injury to such
fellow employee or volunteer worker.
Nor is any employee or volunteer worl<er a
protected person for:
. any obligation to share dam¡;¡ges with or
repay someone else who must pay
damages because of such bodily injury or
person!l' injury; or
. bodily injury or personal injury that results
from his or her performance of or failure
47150 Rev. 7"01 Printed in U.S.A. Insuring Agreement
!IISt.Paul Fire and Marine Insurance Co. 2001 All Rights Reserved
Page 7 of 28
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1IIIStillui
to perform health care professional
services.
Also. no employee or volunteer worker is a
protected person for property damage to
property that's controlled by:
0 you;
0 any of your partners or co-venturers if
you are a partnership or joint venture;
. any of your members or managers if you
are e limited liability company;
0 that employee or any fellow employee; or
0 that volunteer worker. any fellow volunteer
worker, or any of your employees.
But we won't epply the exclusions in this
Employees and volunteer workers section to:
0 bodily injury that results from the
providing of or failure to provide first aid
by en employee or volunteer worker. other
than an employed or volunteer doctor; or
0 premises damage,
Nor will we apply the exclusions In this
Employees and volunteer workers section to
bodily Injury or personal Injury to;
0 any fellow employee that results from
work. other than the performance of Or
failure to perform health care professional
services, by your employees who hold
supervisory positions; or
. the spouse or any child. parent. brother. or
sister of that fellow employee If such
injIJry results from the bodily Injury or
person!!ll injury to that fellow employee.
Also, we won't apply this Employees and
volunteer workers section to the following
protected persons:
0 Your m!!lnagers if you are a limited
liability c::ompany. Instead, we'll applY the
Limited liability company section to them.
. Your executive officers if you are a
corporation or an other organization.
Instead, we'll apply the Corporation or
other organization sectiol1 to them.
EmplOlee includes a leased worker. other
than a leased temporary worker.
Leased worker me ens any person who:
0 is hired from an employee leasing firm
under II contract Or agreement between the
hirer and that firm; and
NO. 293
P.l1/31
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. is performing duties rel~ted to the conduct
of the hirer's business.
Volunteer worker means any person who:
0 isn't an employee or ~ leased tempor~ry
worker;
. donates his or her work; and
. isn't paid a fee, salary, or other
compensation for that work.
Employee leasíng firm meal1s any person or
organization that hires out workers to others.
It includes any:
. employment agency, contractor. or service;
0 labor leasing firm; Or
0 temporary help service.
Leased temporary worker means a leased
worker who is hired to:
0 temporarily take the place of a permanent
employee on le!!lve; or
0 meet seasonal or short-term workload
conditions.
Controlled by means;
0 owned, rented. leased. occupied. borrowed,
or used by;
0 in the care, custody, or control of; or
0 being physically controlled for any
pIJrpose by.
Health care professíonal servíces includes:
. any dental. medical, mental, nursing.
surgical. x-ray, or other health care
professional service, including ~ny advice.
instruction, food. or beverage provided
with such service;
0 the dispensing of drugs or medical or
dental supplies ~nd appliances; al1d
. the handling or treatment of corpses.
Including autopsies. orgsl1 donations. and
other postmortem procedures.
We explain the term premises damage in the
Eac::h event limit section.
Real estate managers. Your real estllte
m!!ln~gers are protected persons only for
their management of premises that you rent,
lease, or borrow from others, or own. They
may be persons or organizations.
47150 Rev. 7-01 Printed in U,S.A.
Page 8 of 28 eSt.Paul Fire and Marine Insurance Co. 2001 All RiClhts lieserv..d
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But we won't apply this Real estate
managers section to your employees.
Instead, we'll apply the Employees and
volunteer workers section to them.
~.
8
Landlords. Any landlord. lessor, manager, Or
owner of a premises rented or leased to
you is a protected person only for tl1e
ownership, maintenance. or use of tl1at
premises while you rent or lease It.
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However. no landlord. lessor, manager, or
owner is a protected person for injury Or
damage that results from any of the
following work while being done by or for
such landlord, lessor. manager. or owner:
. Structural chenges.
. New construction work.
. Demolition work.
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But we won't apply this Landlords section to
your real estete managers. Insteed, we'll
apply the Raal estate managers section. or
the Employees and volunt~er workers
section, whichever section is applicable, to
them.
Equipment lessors. Any lessor or owner of
equipment rented or lEi!ased to you is a
protected person only for your operation,
mllintenam:e, or use of that equipment while
you rent or lease it.
However, no equipment lessor or owner Is a
protected person for injury or damage that
results from its sole negligence.
Persons or organizations for your work IS
required by written contract Any person Or
organiution that:
. is not otherwise a protected person undar
tl1is agreement; and
. you specifically agree in a written contract
to add as an edditional protected person
under this agreement;
is a protected person, but only for covered
bodily Injury or property damage that results
from your work.
However, no such person Or organization is
a protected person for bodily injury or
property damage that results from their sole
negligence.
Also, such person or organization is a
protected person only for the lesser of:
NO. 293
P .12/31
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. the limits of coverage required by the
written contract; or
. the limits of coverage available under this
agreement.
Additional protected person may also be
called an additional insured in that written
contract.
We explain the term your work in the
Products and completed work total limit
section.
Vendors of your prodQcls. Any vendor of
your products is a protected person for
covered bodily injury or property damage
that results from your products. but only if:
. you specifically agree in a written contract
to add the vendor as an additional
protected person under this 'agreement:
. this agreement provides coverage for
those products; and
. those products are sold or distributed In
the normal course of the vendor's
business.
However, no vendor from whom you've
acquired your products is a protected
person.
Nor is any vendor a protected person for
bodily injury or property damage that results
from:
. any express warranty which is made by
the vendor IInd you haven't authorized;
. any change made in the condition of any
of your products by the vendor;
. the repackaging of your products other
than when the products are unpacked for
demonstration. inspection. testing, or
replacement of parts ordered by you or
the manufllcturer, and later repack.aged In
their original containers;
. any failure of tha vendor to perform
norma! or agreed upon servicing of your
products which the vendor has sold or
distributed;
. the demonstration, installation, or servicing
of your products. which is done away
from the vendor's premises; or
. your products which have been labeled or
relabeled, or used liS an Ingredient, part.
or container In, on, or for anything else.
by Or for the vendor.
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
"St.Paul Fire ..nd Marine Insurance Co. 2001 All Rights Reserved
Page 9 of 28
. i;lP,R.' 6.200,1
3:23PM
1hISIRIul
Servicing includes ~ny adjustment, assembly,
disposal, inspection, repair or test.
We explain the term your products in the
Products and "ompleted work total limit
section.
Operators of registered mobile equipment. All
operators of registered mobile equipment are
protected persons for covered bodily injury
or property damage that results from their
driving of such equipment on a public street
or road with your permission,
Any person or organization legally
responsible for the driving condu"t of those
operators is also a protected person for
such bodily injury or property damage. But
only if there's no valid ~nd collectible other
Insurance available to cover its liability for
the operators.
However. no operator or any other person or
organization is a protected person for:
. bodily Injury to a fellow employee of the
person driving the equipment; or
. property damage to property controlled by
you or the employer of an operator who
is a protected person.
Registered mobile equipment means mobile
equipment that's registered in your name
under a motor vehicle registration law.
We explain the terms:
. controlled by in the Employees and
volunteer workers section;
. mobile equipment in the Mobile equipment
exclusion; and
. other insurance in the Other Insurance
section.
Unnamed subsidiaries. Any of your
subsidiaries, other than a partnership, joint
venture, or limited liability company, that
isn't shown in the Introduction as a named
insured is a protected person if you own
more than 50% of it on the beginning date
of this egreemer1t.
However, no unnamed subsidiary is a
protected person for:
. bodily injury or property damage that
happened before you own more than 50%
of it; 'ftß r-(t?-./3 Ò
NO. 293
P.13/31
. personal injury or advertising injury that
results from an offense that's "ommitted
before you own more than 50% of it; or
. injury or d~mage that's covered by other
simil~r general liability Insurance.
Own more thEln 50'10 of means own more
than 50% of the outstanding voting
securities representing the present right to
vote for the election of directors of the
organization.
Newly acquired or formed organizations. Any
organization that you a"quire or form while
this agreement is in effect that ian't a
partnerahlp, joint venture, or limited liability
company is a protected person if you own
more than 50% of it.
However, no newly acquired or formed
organization is a protected peraon for:
. more than the remainder of the time this
agreement is in effect, beginning with the
date that you acquired or formed it;
. bodily injury or property damage that
happened before you acquired or formed
it;
. peraonal injury or ~dvertising injury that
results from an offense committed before
you acquired or formed it; or
. injury or damage that's covered by other
aimllar general liability inaurance.
Separation of protected persons. We'll apply
this agreement separately to ea"h protected
person.
However, all protected persons share the
limits of coverage shown in the Coverage
Summary. We explai" how in the limits Of
Coverage section.
Also, any right or duty specifically aasigned
to the first named insured remains
unchanged. We explain those rights and
duties in the General Rules, which is a part
of your polley.
Limits Of Coverage
The limits of coverage shown in the
Coverage Summary and the information
containe!! in this section fix the most we'll
pay as damages and medi"al expenses,
regardless of the number of:
47150 Rev. 7-01 Printed in U.S.A.
Þ.n.. 1'1 nf ?R <IISt.Paul Fire end Marine Insuran"B Co. 2001 All Rights Reserved
. .~ F;lfR.. 6.2004
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. protected persons;
. claims made or suits brought; or
. persons or organizations making claims or
bringing suits.
g
GenB,al total IImil This is the most we'll
pay for the combined total of:
. all covered bodily injury and property
damage that happens in a policy year;
. all covered personal injury that's caused
by all personal injury offenses committed
in a polley year;
. all covered advertising injury that's caused
by all advertising injury offenses
committed in a policy year; and
. all covered medical expenses that result
from all events that happen in a policy
year.
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However, we won't apply this limit to bodily
injury or property damage that results from
your products or your completed work,
Instead, we'll apply the products and
completed work total limit to such bodily
injury or property damage covered þy this
agreement.
Policy year means the policy period shown
in the Introduction, or the period of time
that this agreement is in effect, whichever
period is shorter. But when that period is
longer than one yeer. policy year means
each of the following periods of time that
this agreement is in effect. starting with the
beginning date of this agreement:
. Each consecutive one~year period.
. Any period that remains lifter the last
consecutive one-year period.
However, if the original policy period shown
in the Introduction is extended for a period
of less than one year, we'll consider each
such extended period to be part of the last
policy year, regardless of the number of
extensions provided.
For example:
?in ! J/yÒ
Your original policy period is two years
and nine months long. As a result, it has
three policy years. each one separate from
the other. The first is the first one-year
period. The second is the next ont~-year
period. And the third is the remaining
nIne-month period.
NO. 293
P .14/31
1h88RIul
During the third policy year you request,
and we provide. two separate extensions of
the policy period: 8 three-month extensÎon.
and then a four-month extensÎon. As a
result, the third policy year becomes
sixteen months long and Is still subject to
the same limits of cOIIerage that applies
when it was nine months long.
We explain the products and completed work
total limit, and the terms your products and
your completed work. in the Products and
completed work total limit section.
Products and completed work lolal limit
is the most we'll pay for all covered
injury and property damage that:
. results from your products and your
completed work; and
. happens in a policy year.
This
bodily
Your products means any of the goods or
products that are or were manufactured,
sold. hllndled, distributed, or disposed of by:
. you:
. others using your nllme; or
. any person or organization whose business
or assets you've acquired.
Your prodUCtS includes:
. all containers, equipment, materials, or
parts provided with or for your products;
. any warranty provided with or for your
products:
. any statement made, or that should have
been made, about the durability, fitness,
handling, maintenance, operlltion,
performance, quality, safety, or use of
your products; and
. all warnings, instructions, or directions
provided, Or that should have been
provided, with or for your products.
But we won't consider the following to be
your products:
. Goods or products that are stili In your
physical possession or on a premises that
you rent, lease, or borrow from others, or
own.
. Real property.
. Containers that are vehicles provided with
or for your products.
. Property that's rented or leased to others.
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
OSt.Paul Fire and Marine Insurance Co. 2001 All Rights Reserved
Page 11 of 28
~I?R.' 6.2004
3:2"PM
111øSrRlul
. Property that you haven't sold, but which
you allow others to use, For example, a
vending machine.
Your completed work means your work that:
. is completed, including work that may
need service, maintenance, correction,
repair, or replacement, but which Is
otherwise complete; or
. has been abandoned by you.
We'll consider your work to be completed at
the earliest of the following times:
. When all of the work called for in your
contract has been completed.
. When all of the work to be done at the
work site has been completed, if your
contract calls for work at more than one
site.
. When that part of the work at the work
site has been put to its Intended use by
any person or organization, other than
another contractor or subcontractor
working on the same project.
Your completed work Includes:
. any warranty provided with or for your
completed work;
. any statement made, or that should have
been made, about the durability, fitness,
handling, maintenance, operation,
performance, quality, safety, or use of
your completed work; and
. all warnings, instructions, Or directions
provided, Or that should have been
provided, with or for your completed
work.
~But we won't consider the following to be
"Jyour completed work:
::;:.. Uninstalled equipment, abandoned or
\ unused materials or parts, or tools.
. Work done In connection with transporting
?\ì property.
,\l-f:J. Any premises or other real property that
.1-\ you own.
. Any work done to a premises Or other
real property that you rent or lease from
others, or own.
. Any work while on a premises that you
rent, lease, Or borrow from others, Or
own.
NO. 293
P.15/31
However. we'll consider a condition created
in or on a vehicle in the course of work
done In connection with trensporting
prOperty to be your completed work if:
. the vehicle isn't owned or operated by
you;
. the condition is created by the loading or
unloading of the vehicle by a protected
person; and
. the condition causes bodily Injury or
property damage.
Your work means any:
. work that you're performing or others are
performing for you: or
. service that you're providing or others ;ore
providing for you.
Your work Includes:
. all equipment, materials, parts, or tools
being provided or used with or for your
work;
. any statement being made, or that should
have been made, ebout the durability,
fitness, handling, maintenance, operation,
performance, quality, safety, or use of
your work; and
. all warnings, instructions, or directions
being provided. or that should have been
provided, with or for your work.
We explain the term loading or unloading in
the Auto exclusion.
Person.1 injury each person limit. This Is the
most we'" pay for all covered personal
injury that:
. is sustained by anyone person or
organization; and
. is caused by a" personal injury offensas
committed in a policy year.
Advertising injury each person limit. This is
the most we'll pay for all covered
advertising injury that:
. is sustained by anyone person or
organization; and
. is caused by ell advertising injury
offenses committed in a policy year.
Each event limit. This is the most we'" pay
for all covered bodily injury, property
damage, and medical expenses that result
from anyone event.
47150 Rev. 7-01 Printed In U.S.A.
Page 12 of 28 cSt.Paul Fire and Marin.. In~"r~n"'. f"" ?nn1 All :I;"h.~ R..~...".....
, '! ¡¡¡PR: 6.2004
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However, the most we'll pay for covered
premises damage or medical expenses that
result from anyone event is further limited
by the following:
Premises damage limit. This is the most
we'll pay for all covered premises damage
that's caused by anyone event.
8
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Premises damage means property damage
to:
. any premises that you rent, lease, or
borrow from others: or
. the contents of any pramises that you
rent from others if you rent such premises
for a period of seven or fewer
consecutive days.
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Medical expenses limit. This is the most
we'll pay for all covered medical expenses
that:
. are Incurred for bodily Injury sustained by
anyone person: and
. result from anyone event.
Haw the limits of coverage apply If . tolal limit
is left blInk. If the amount of the general
total limit or the products and completed
work total limit is left blank in the
Coverage Summary, we'll consider that total
limit to be the same as the each event limit
or $200.000, whichever amount is more.
Exclusions - What This Agreement Wan't Cov.,
Aircraft. We won't cover bodily injury,
property damage, or medical expenses that
result from the:
. ownership, maintenance, use, or operation;
. loading or unloading;
. entrustment to others; or
. supervision of others in or for the
maintenance, use, operation, loading or
unloading. or entrustment to others;
of any aircraft owned, operated, rented,
leased, or borrowed by any protected
person.
But we won't apply this exclusion to the
liability of another to pey damages for
bodily injury or property damage if you
have assumed such liability under a covered
contract that:
- - -- _u - ~'1ci:'293-".-P':I6/3in
;1% (~/3 d
111""'01
. is for the ownership. maintenance, or use
of an aircraft; and
. was made before the bodily injury or
property damage happens.
Nor will We apply this exclusion to:
. bodily injury, property damage, or medical
expenses that result from the operation of
specialized equipment; or
. premises damage.
Also. we won't apply this exclusion to
bodily injury, property damage, or medical
expenses that result from the use of an
aircraft chartered by a protected person if:
. the aircraft is chartered with crew,
including a pilot; and
. the protected person Isn't using the
aircraft to carry persons or property for a
charge.
We explain the terms:
. covered contract in the Contract liability
exclusion;
. entrustment to others, loading or
unloading, and supervision of others, in
the Auto exclusion;
. premises damage in the Each event limit
section; and
. specialized equipment in the Mobile
equipment exclusion.
Aula. We won't cover bodily injury,
property damage, Or medical expenses that
result from the:
. ownership. maintenance. use, or operation;
. loading or unloading;
. entrustment to others; or
. supervision of others in or for the
maintenance. use, operation, loading or
unloading, or entrustment to others;
of any auto owned, operated. rented, leased.
or borrowed by any protected person.
But we won't apply this exclusion to bodily
Injury. property damage. or medical expenses
that result from the parking of an auto on a
premises, or on the ways next to such
premises, if:
. the premises is owned, rented, leased, or
borrowed by you; and
. the auto isn't owned, rented, leased, Or
borrowed by any protected person.
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
cSt.Paul Fire end Marine Insurance Co. 2001 All Rights Reserved
Page 13 of 28
..'
B)"R; 6.2004
3:25PM
1beSnIIuI
Nor will we apply this exclusion to:
. bodily injury, property damage, or medical
expenses that resllit from the operation of
specialized equipment; or
. premises damage.
Auto means any land motor vehicle, trailer,
or semitrailer thet's designed for travel on
public streets or roads.
We'll consider any machinery or equipment
that's permanently attached to an auto to be
part of the auto.
But we won't consider mobile eqllipment to
be an auto.
l.Dadlng or unloading means the handling of
property;
. while it's being moved from the place
where it's accepted for transportation;
. while it's being loaded, transported, and
unloaded; and
. ul1til it's moved to the place where it's
finally delivered.
Slit we won't consider moving property by
an unattached mechanical device to be
loading or unloading.
Unattached mechanIcal devIce incilldes any
forklift, conveyor, or other unattached
mechanical device, other than a hand truck.
Entrustment to others means:
. the permitting of others to use or do
somethil1g; or
. the giving of something to others for
safekeeping.
~ SupervIsIon of others means:
'\ . the directing, managing, or supervising of
~\ a worker, including his or her employment,
\ hiring, evaluation, training, or work; or
. the directing, monitoring, safekeeping, or
supervising of any other person Or
'VI\\. organization for allY reason.
"""?We explain the terms:
. mobile equipment and specialized
eqllipment in the Mobile equipment
excillsion; and
. premises damage In the Each event limit
seetiOI1.
NO. 293
P.17/31
Breach of contraCt We won't cover
advertising injury that results from the
failure of any protected person to do what
is required by a contract or agreement,
Contrllcl lillbility. We won't cover injury or
damage for which the protected person has
assumed liability under any contract or
agreement.
But we WOl1't apply this exclusion to injury
or damage for which the protected person
would have liability without the contract or
agreement.
Nor will we apply this exclusion to the
liability of another to pay damages for:
. bodily injury or property damage sustained
by others if you have assumed such
liability under a covered contract made
before the bodily injury or property
damage happens; Or
. personal injury or advertising injury
sustained by others if you have assumed
sLlch liability under a covered contract
made before the offense that causes such
injury is committed.
Also, if you have agreed ul1der the same
covered contract to defend, or pay for the
defense of, an Indemnitee agail1st a claim or
suit for such injury Or damage covered by
this agreement, we'll defend the indemnitee
against the claim or suit. But we'll do so
because of that covered contract only if:
. that indemnitee isn't a protected person
for that injUry or damage;
. that claim or suit is for Injury or damage
for which you have assumed the liability
of the indemnitee under the covered
contract;
. the injury Or demage is covered by this
agreement;
. the claim or suit is made or brought
against you and the indemnitee;
. we are defending you against the claim or
suit under this agreement;
. all of OUr indemnitee defense control and
aUthority requirements ara fulfilled; and
. all of our indemnitee defense cooperation
and notice requirements are fulfilled,
When we provide that contract liability
indemnitee defense coverage, we'll do the
following:
47150 Rev. 7-01 Printed in U.S.A.
Pa".. 14 nf 28 o¡:;t_P~1I1 Fir.. ~,,~ M~ri".. 1",,"r~"".. /"-,,- ,nn1 All RI..hu R.A..V."
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. We'll defend the indemnitee even if all of
the allegations of the claim or suit are
groundless, hlse, or fraudulent. But we
won't have a duty to perform any other
act or service.
. We'll pay all covered indemnitee defense
expenses incurred by us in connection with
such claim or suit. Such payments are In
addition to the limits of coverage.
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However, our duty to defend the indemnitee,
or pay indemnitee defense expenses incurred
by us, under that contract liability
indemnitee defense coverage ends when that
indemnitee fails to comply with any of our
indemnitee defense cooperation and notice
requirements. It also ends when we have
used up the limits of coverage that apply
with the payment of:
. judgments;
. settlem",nts; or
. medical expenses.
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When we don't provide that contract liability
indemnitee defense coverage for the
indemnitee. we'll pay covered indemnitee
defense expenses assumed under contract
that:
. are incurred by or for that indemnitee; and
. are awarded against you in a judgment or
agreed to by us in a settlement;
as if they're amounts you're legally required
to pay as damages for injury or damege
covered by this agreement. Payments of
such amounts are subject to the limits of
coverage. Our duty to make such payments
ends when We have used up the limits of
coverage that apply with the payment of:
. judgments;
. settlements; or
. medical expenses.
y5ß o/3ò
We'li have the right to appeal a judgment
awarded in a suit against an indemnitee if:
. the judgment includes damages for injury
or damage for which you have assumed
liability under a covered contract;
. such injury or damage is covered by this
agreement;
. the indemnitee and its insurers don't
appeal the judgment; and
. you agree we may seek the cooperation
of that indemnitee for such an appeal.
NO. 293
P .18/31
11IoStRIul
If we appeal such a judgment, we'll pay the
following that result directly from that
appeal:
. All expenses we incur.
. All reasonable expenses that any protected
person and the indemnitee incur at our
request while helping us with the appeal,
other than the cost of appeal bonds.
. The cost of any required appeal bond.
But only for that part of the judgment that
is for damages covered by this agreement
and is within the available limit of
coverage. However, we'll pay, or
reimburse the indemnitee, for the cost of
a higher appeal bond amount if we're
required to do so under the law that
applies. But we won't be the principal
under any such bond. Nor do we have to
furnish any appeal bond.
. All post judgment interest that accumulates
on the full amount of the judgment. But
only from the date of the judgment to the
date we pay, or deposit in court, the limit
of coverage that applies to the judgment.
These payments are in addition to the limits
of coverege. However, the results of an
appeal won't change the limits of coverage
th8t apply under this agreement.
Covered contract means:
. any easement or license agreement;
. any elevator maintenance 8greement;
. 8ny lease of premises, other than that part
which indemnifies a person or organization
for property damage to a premises that
you rent, leese, or borrow from others;
. any obligation to indemnify a municipality
that is required by ordinance and Isn't
connected with your work for the
municipality;
. any sidetrack agreement;
. that part of any other contract or
agreement under which you assume the
tort liability of a municipality to pay
damages for injury or damage that results
from your work for the municipality; or
. that part of any other contract Or
agreement under which you assume the
tort 1i8bility of another to pay damages
for injury or damage.
But we won't consider the following parts
of those other contracts or agreements
under which you assume the tort liability of
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
cSt.Paul Fire and Marine Insurance Co. 2001 All Rights Reserved
Page 15 of 28
BI;'R: 6.2004
3: 26PM
DlStRiul
another to pay damages to be a covered
contract:
. Architect, engineer, or surveyor indemnity.
. Architect, engineer, or surveyor
professional services by protected person
indemnity.
. War indemnity.
Tort liability means a liilbillty that would be
imposed by law without any contract or
agreement.
ArchItect, engineer. or surveyor indemnIty
means that part which indemnifies any
art::hitect. englnear, or surveyor for injury or
damage that results from;
. the preparation or ilpproval of. or fililure
to prapare or approve, any drawing and
specification. or any map. opinion, report,
survey, change order. field order, or shop
drawing; or
. the giving of or failure to give any
direction or instruction if that giving Or
failure to give is the primary cause of the
injury or damage.
ArChitect, engineer, or surveyor professIonal
services by protected person indemnIty
means that part which indemnifies any
person or organization for injury or damage
that results from the performance of or
failure to perform architect. engineer, or
surveyor professional services by the
protected person who Is an architect.
engineer, or surveyor.
Architect. engineer, or surveyor professIonal
services Includes:
. the preparation or approval of any drawing
and specification. or any map. opinìon,
report. survey. chenge order. field order,
or shop drawing; and
. any architectural, engineering. inspection.
or supervisory activity.
War indemnity means that part which
indemnifies any person Or organization fOr
bodily injury or property damage that results
from war.
Indemnitee means any person or
organization that yoll have agreed under a
covered contract to indemnify or hold
harmless.
";?1!/3 ! 6'/3 0
NO. 293
P.19/31
Indemnitee defense control and 8I/thority
requirements means the following
requirements that must be fulfilled for us to
conduct and col'1trol the defense of an
indemnitee against a claim or suit under this
agreement:
. You and the indemnitee must ask us to
conduct and control the defense of that
indemnitee against the claim or suit under
this agreement.
. We must determine that there's no conflict
between your interests and those of the
indemnitee. basad on the allegations in the
claim or suit and on what we know about
the factllal and legal basis for the
damages being sought.
0 You and the indemnitee must each agree
in writil'1g that we can assign the same
counsel to defend them.
. The indeml'1itee must give us authority in
writing to conduct and control its defense
against the claim or suit.
. The indemnitee must give us authority in
writing to obtail'1 records and other
Information related to the claim or suit.
. The indemnitee must agree in writing to
comply with our indemnitee dafense
cooperation and notice requirements.
Indemnitee defense cooperation and natice
requIrements means the following
requirements that must be fulfilled for us to
continue defending an indemnitee against a
claim or suit under this agreement:
. The Indemnitee must cooperate with us in
the il'1vestigation, settlement. or defense
of the claim or suit.
0 The indemnitee must provide us with a
copy of any demand, notiçe. summons. or
legal paper received in connection with the
claim or suit as soon as possible after it
is received.
0 The indemnitee must give notice of the
claim or suit to any other Insurer that
provides coverage which applies to the
claim or suit and is available to that,
indemnitee.
. The indemnitee must help us coordinate
the appllçatlon of other insursl'1Ce that's
applicable to the claim Or suit and
available to that indemnitee.
Indemnitee defense expenses incurred by us
means the:
47150 Rev. 7-01 Printed In U.S.A.
Paa.. 18 of 28 .¡:;t_P~III FI.~ ~n'" ~h.I".. In."..n~. ('On ?nn, "" IOlnk" 10..........
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. ~ttorney fees ~nd necessary litigation
expenses incurred by us to defend an
Indemnitee ~g~inst a claim or suit for
dam~ges covered by this agreement; and
. necessary I itigation expenses Incurred by
that indemnitee at our request In
connection with that claim or suit.
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Indemnitee defense expenses assumed under
contract means the reason/lble attorney fees
and necessary litigation expenses that:
. are Incurred by or for an Indemnitee to
defend itself against a claim or suit for
dam~ges covered by this agreement; and
. are subject to a covered contract under
which you h~ve ~greed to defend, or p~y
for the defense of, th~t Indemnitee against
the claim or suit.
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We explain the terms:
. YOur work in the Products and completed
work total limit section;
. war in the Medical expenses of certain
persons exclusion; and
. other insur~nce in the Other Insurance
section.
Control of property. We won't cover property
d~mage to the following property:
. Property that Y°l.! rent, lease, or borrow
from others, own, or occl.!py. But we
won't aPply this excll.!sion part to
premises damage.
. Premises that you sell, give away, or
abandon If such property damage results
from any part of those premises. But we
won't apply this e¡¡;clusion p~rt to property
d~mage to premises that are Yol.!r
completed work end were never occupied,
rented, or held for rental by you.
. Person~1 property that's in the cere,
custody, or control of the protected
person. But we won't apply this exclusion
part to premises damage.
. That particular part of real property being
worked on by or for you if such property
dam~ge results from your work.
. Th~t particular part of ~ny property that
must be restored, repaired, or replaced
because yol.!r work was Incorrectly
performed on it. But we won't apply this
exclusion p~rt to property damage that
resl.!lts from your completed worl(.
NO.293
P.20/31
'lheStftlUI
Furthermore, we won't apply this exclusion
to the liability of another to pay damages
for property damage, other than property
damage to the property described below, if
you have assumed such liability under a
sidetrack agreement m~de before the
property damage happens:
. Property that you rent or lease from
others, own, or occupy.
. Premises that you sell. give ~w~y, or
~bandon.
We explain the term$.:
. premises damage in the Each event limit
section; and
. your work and your completed work in the
Products and completed work total limit
section.
Damage to your products or completed work.
We won't cover property damage to any of
your products that's caused by your products
themselves or by any of their parts. For
example:
You manufacture x-ray machines They
contain several moving parts which can
break down for many reasons. Regardless
of the cause. we wont protect you for any
property damage to the part that fails or
to the rest of the x-ray machine.
Nor will we cover property damage to your
completed work that's caused by your
completed work itself or by any of its
parts. But we won't ~pply this exclusion
part to such property damage if:
. this agreement provides completed work
liability cover~ge; ~nd
. your completed work that's damaged, or
your completed work that causes the
property damage, was done for yol.! by
others.
For example:
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You construct a computer room in a
hospital as a general contractor, Some of
the work is done ó¡ you while the rest is
done for you by subcontractors. The
computer room in the hospital is accepted
by the owner. If it's damaged by a fire
caused by electrical wiring installed by a
subcontractor, we worN apply the
exclusion. However, if the wiring was
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
eSt.Pal.!l Fire ~nd Marine Insurance Co. 2001 All Rights Reserved
Page 17 of 28
~F!R. 6.2004
3:26PM
1IIISrRIul
installed by you, wtill apply the exclusion
to property damage to your completed
work done by you.
We explain the terms your products and
your completed work in the Products and
completed work total limit section.
Deliberately breaking the law. We won't cover
personal injury or advertising injury that
results from:
. the protected person knowingly breeking
any criminal law; or
. any person or organization breaking any
crlmlnel law with the consent or
knowledge of the protected person.
Employers liabllily. We won't cover bodily
injury to an employee of the protected
person arising out of and In the course of
his or her:
. employment by the protected person: or
. performance of duties related to the
conduct of the protected person's
business.
Nor will we cover bodily injury to the
spouse, or any child, parent, brother, or
sister, of that employee if such bodily
injury results from the bodily injury to such
employee.
We'll apply this exclusion whether the
protected person may be held liable as an
employer or In any other capacity, such as a
property owner or product manufl'lcturer.
For example:
You manufacture laser systems. Your
employee Is Injured while testing your
product. rhat employee receives workers
compensation benefits. If the employee later
sues you In your capacity as a
manufacturer, alleging that the injury
happened because your product was
defective, we wortt protect you.
We'll II/SO apply this exclusion to any
obligation of the protected person to share
damages with or repay someone else who
must pay daml'lges because of bodily injury
to any employee of the protected person.
For example:
Your employee is Injured in an injection
molding machine accident. That employee
NO. 293
P.21/31
receives workers compensation benefits.
Later. the employee sues the manufacturer
of the injection molding machine alleging
that the injury happened bec¡¡¡use it didn't
hwe enough gu¡¡¡rding devices on it. If the
manufacturer in turn sueS you, alleging that
your faulty maintenance of the machine. not
the lack of guarding devices, resulted in
the employee's injury, we won't proter;t
you.
But we won't apply this exclusion to the
liability of another to pay damages for
bodily injury If you have assumed such
liability under a covered contract made
before the bodily injury happens.
We expl!!in the terms;
. covered contract in the Contract liability
exclusion; and
. employee in the Employees and volunteer
workers section.
Employment-related practices. We won't cover
person!!1 injury to any protected person's
employee, prospective Or former employee,
leased temporary worker. or independent
contractor that results from any
employment-related practices. For example:
You terminate an employee for falsifying
business travel expenses. You explain the
reason for the termination of that employee
to one of your customers. If your former
elT/plcryee later sues you for slander. we
wadt protect you.
Nor will we cover personal injury to ths
spouse Or any child, parent. brother, or
sister of that persor! if such personal injury
results from any employment-related
practices.
We'll apply this exclusion to any obligation
of the protected person to share damages
with or to repay someone elss who must
pay damages for personal injury that results
from any employment-rel!!ted practices.
Independent contractor means any person
who is not your employee. but who
performs duties related to the conduct of
your business in the course of that person's
independent employment in accordance with
a contract between you and that person for
specified services.
'~ ;J..o/;>ù
47150 Rev. 7-01 Printed In U.S.A.
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Employment-related practices means;
. refusal to employ;
. termination of employment; or
. other employment-related act, omission,
policy, or practice, such as coercion, libel
Or slander, demotion, discipline,
discrimination, evaluation, harassment,
humiliation, reassignment, or violation of a
person's right of privacy.
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We explain the terms employee and leased
temporary worker in the Employees and
volunteer workers section.
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Expected or intlQded bodily Illjury or property
damage. We won't cover bodily injury or
property damage that's expected or intended
by the protected person.
Nor will we cover medical expenses that
result from such bodily injury.
But we won't apply this exclusion to bodily
injury, property damage, or medical expenses
that result from the use of reasonable force
to protect people or property.
Fllse material. We won't cover personal
injury or advertising injury that results from
false material that:
. was made known by or for the protected
person; and
. the protected person knew was false when
it Was made known.
Impaired pro~erty. We won't cover property
damage to Impaired property, or to property
that isn't physically damaged, that results
from:
. your products that are faulty Or dangerous;
. your completed work that is faulty or
dangerous; or
. a delay or failure in fulfilling the terms' of
a contract or agreement.
But we won't apply this exclusion to the
loss of use of property, other than your
products or your completed work. that
results from sudden and accidental physical
damagl! to:
. your products after they've been put to
their intended use; or
. your completed work after it has been put
to its intended use.
NO. 293
P.22/31
1heStRIlIl
For example:
You supply an electric motor to a customer
who uses it to power his conveyor. The
motors shaft breaks several days later
while he's operating the conveyor. The
conveyor isn't damaged, but your customer
has extra costs because htls unable to use
it until the motor is repaired. If he sutJ$
you to recover those costs. we won't apply
the exclusion. However, if the customer
discovers while hooking the motor up to
the conveyor that the motor's shaft ;s
broken, we won't protect you.
Impaired property means tangible property,
other than your products or your completed
work, that can be restored to use by nothing
more than;
. an adjus~ment. repair, replacement, or
removal of your products, or your
completed work, that forms a part of such
tangible property; or
. your fulfilling the terms of a contract or
agreement.
We explain the terms your products and
your completed work In the Products and
completed work total limit section.
Intellectull properly. We won't cover injury or
damage or medical expenses that result from
any actual or alleged infringement or
violation of any of the following rights or
laws:
. Copyright.
. Patent.
. Trade dress,
. Trade name.
. Trade secret.
. Trademark.
. Other intellectual property rights or laws.
Nor will we cover any other injury or
damage or medical expenses alleged in a
claim or suit that also alleges any such
infringement or violation.
But we won't apply this exclusion to bodily
injury or property damage that results from
your products or your completed work.
~ ~èl/3<'
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
@St.Paul Fire and Marine Insurance Co. 2001 All Rights Reserved
Page 19 of 28
Ii1<'R. 6. 200'"
3: 27PM
~Rlul .
Nor will we apply this exclusion to
advertising injury that results from the
unauthorized use of any:
. copyrighted advertising material;
. trademarked slogan; or
. trademarked title;
of others in your adve:rtising.
We ell\plain the terms your products and
your completed work in the Products and
completed work total limit section.
Liquor liability. We won't cover bodily Injury,
property damage, or medical expenses that
result from any protected person:
. causing or contributing to the Intoxication
of !lny person;
. selling. serving. or furnishing alcoholic
beverages to any person under the legal
drinking age or under the Influence of
alcohol; or
. violating any law or regulation applying to
the sale, gift. distribution, or use of
alcoholic beverages.
However, we'll apply this exclusion only if
you're in the business of manufacturing.
distributing, selling, serving, or furnishing
alcoholic beverages, For example:
You manufacture monitoring equipment.
Each year you host an awards banquet with
an open bar for your sales representatives.
After this years banquet an intoxicated
guest is Il7tIolved In an auto accident. The
guest and several others are injured. If
someone sues you. alleging that your
serving of liquor causrxJ the guest's
intoxication and il7tlolvement In the accident.
we won't apply the liquor liability
exclusion because you're not in the business
of serving liquor.
But we won't apply this exclusion to
premises damage.
We explain the term premises damage In the
Each event limit section.
Material previously made known or used. We
won't cover personal injury or advertising
injury that results from:
. a,w material that was first made known
before this agreement begins; or
NO. 293
P.23/31
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. any advertising material, or any slogan or
title. of otherS. whose unauthorized use in
your advertising was first committed
before this agreement begins.
Medical expenses of certain persons. We won't
cover medical eXpenses that are incurred by
or for any person:
. injured while qualifying as a protected
person. other than your volunteer workers;
. injured while performing work that he or
she was hired to do for any protected
person. or any tenant of a protected
person;
. injured on that part of any premises that
you rent or lease from others. or own,
and that the injured person normally
occupies;
. to whom such medical expenses are
payable. Or must be provided. liS benefits
under any workers compensation law.
disability benefits law, or similar law;
. injured by your products or your
completed work;
. injured due to war; or
. who refuses to be examined as often as
we require. within reason. by doctors we
choose.
War includes:
. declared or undeclared war. or invasion;
. warlike action by a military force or other
agents of any government. sovereign, or
other authority:
. civil war, insurrection. rebellion. revolution.
or seizure of power; or
. anything done to hinder or defend against
such actions.
We explain the terms:
. )lolunteer worker In the Employees and
volunteer workers section; and
. your products and your completed work in
the PrOducts and completed work total
limit section.
Mobile equipment We won't cover bodily
injury. property damage. or medical expenses
that result from the:
. transportation of mobile equipment by an
auto owned. operated. rented. leased. or
borrowed by any protected person;
. use of racing mobile equipment; or
47150 Rev. 7-01 Printed in U,S.A.
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. supervision of others in or for such
transportation or use.
But we won't apply this exclusion to
premises damage.
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Mobile equipment means any land vehicle
thilt:
. Is designed for use primarily off public
streets Or roads;
. is kept for use only on or next to
premises that you rent or lease from
others, or own;
. travels on crawler treads;
. is kept primarily for the ready movement
of permanently attached construction
equipment; Or
. doesn't travel LInder its own power and is
kept primarily for the ready movement of
permanently attached specialized
equipment.
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Mobile equipment includes I\ny
that:
. isn't described above; and
. is kept primarily for purposes
carrying people or cargo,
land vehicle
other than
But we won't consider such a vehicle to be
mobile equipment if it travels unc:ler Its own
power. is operilted like an auto dLiring travel
on a public street or road, and has
permanently attached:
. specialized equipment; or
. equipment designed for snow removal,
street cleaning. or street or road
maintenance - but not construction or
resurfacing.
Construction equipment includes any:
. grader. scraper. or roller; or
. power crane, digger. drill, loader, or
shovel.
Specialized equipment means any:
. cherry picker or similar device used to 11ft
workers;
. pump, generator, or air compressor; or
. other equipment, such as building cleaning,
geophysical exploration, lighting, spraying.
welding, or well-servicing equipment, that
hils iI built-In pump, generator, or air
compressor.
NO. 293
P.2"1/31
1heStlbul
Racing mobile equIpment means any mobile
equipment while being prepared for Or used
in any:
. prearrangec:l racing, speed. demolition. or
stunting contest or activity; Or
. prilctice for such contest or activity.
We explain the terms:
. auto. and supervision of others, in the
Auto exclusion; and
. premises damage in the Eilch event limit
section.
Nuclear energy liability. We won't cover
bodily injury or property damage for which
any protected person:
. is also protected under a nuclear energy
liability insurance policy; or
. would have been protected under such
policy if that policy's limits of coverage
hadn't been used up.
Nor will we cover bodily injury or property
damage that results from the hi.'lzardous
properties of nuclear material and for which:
. any person or organization is required by
law to maintain financiill protection in
accordance with the federill Atomic Energy
Act or any of its amendments; or
. any protected person is entitled. or would
hi.'lve been entitled had this agreement not
been issued. to indemnity from the United
Stiltes government, or any of its agencies,
under any contract or agreement between
the government, or any of its ilgencies,
and any person or organization.
Also. we won't cover medici.'ll expenses that
result from:
. the hazardous properties of nuclear
material; Or
. the operation of a nucleilr facility by any
person or organization.
In addition, we won't cover bodily injury or
property damage that results from the
hazardous properties of nuclear milterial
when:
. the nuclear material Is located at, or at
any time dischi.'lrges or disperses from, a
nuclear facility that is or was at any time
owned by any protected person, or
operated by or for any protected person;
~' xi/3c
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
IIISt.Paul Fire ilnd Marine Insurance Co. 2001 All Rights Reserved
Page 21 of 28
(1fR. 6.200<1
3: 28PM
1IIoSrRlui
. the nuclear material is contained in spent
nuclear fuel, or nuclear waste, that is or
was at any time possessed, handled, used,
processed, stored, transported, or disposed
of by or for any protected person; or
. the bodily injury or property delmage
results from the furnishing by any
protected person of services, materiells,
parts, or equipment in connection with the
planning, construction, maintenance,
operation, or use of a nuclear facility.
However, we'll apply this exclusion part
only to property damage to the nuclear
facility, and any property located on the
site of that facility, if the nuclear facility
is in the United States of America, Its
territories or possessions, Puerto Rico, or
Canada.
Nuclear energy liability insurance policy
means any nucleelr energy liability Insurance
policy issued by any of the following
organizations or their successors;
. Nuclear Energy Liability Insurance
Association.
. Mutual Atomic Energy LIability
Underwriters.
. Nuclear Insurance Association of Canada.
Hazardous propertIes Includes radioactive,
toxic, or explosive properties.
Nuclear material means any of the
following materials defined in the federal
Atomic Energy Act or any of its
amendments:
. Source material.
. Special nuclear material.
. By-product material.
Nuclear facility means any:
. nuclear reactor;
. uranium isotopes separation device or
equipment;
. special nuclear material device or
equipment; or
. nuclear waste site.
Nuclear facility includes:
. the site on which it's located;
. all operations conducted on such site; and
. all premises used for such operations.
NO. 293
P.25/31
Nuclear reactor means any device,
equipment, or machine designed Or used to:
. sustain nuclear fission in a self-supporting
chain reaction; or
. contain a critic!!1 mass of flsslonabla
material.
UranIum isotopes separation device or
equipment means any device or equipment
designed or used for:
. separating the isotopes of uranium or
plutonium;
. processing or utilizing spent nuclear fuel;
or
. handling, processing, or packaging nuclear
waste.
Special nuclear malerial device or
equipment me~ns any device or equipment
used for the processing, fabricating, or
alloying of special nuclear ml!lterlal If the
total amount of such material is at any time
In the custody of any protected person at
the premises where the device or equipment
is located and is more than:
. 25 grams of plutonium or ur~nium 233, or
any combination of those two materials;
or
. 250 grams of uranium 235.
Nuclear waste site means any structure,
basin, excavation, premises, or place
prepared or used for the storage or disposal
of nuclear waste.
Nuclear waste mel!lns eny waste material
that;
. contains by-product materiel; and
. results from the operation of any nuclear
reactor, or uranium isotopes separation
device or equipment, by any person or
organiution.
But we won't consider nuclear waste to
include tailings or w!!stes that result from
the extraction Or concentration of uranium or
thorium from any are processed primarily
for its source material content.
Spent nuclear fuel means any solid or
liquid fuel element or component that's been
exposed to radiation or used In a nuclear
reactor.
~¿fI:J¿
47150 Rev. 7-01 Printed in U.S.A.
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Pollution injury or damøge. We won't cover
injury or damage or medical expenses that
result from pollution at, on, i'1, or from any:
. protected person's premises;
. waste site; Or
. protected person's work site.
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Nor will we cover injury or damage or
medical expenses that result from pollution
involving any waste pollutant.
But We won't >lpply this exclusion to bodily
injury, property damage, or medical expenses
that result from:
. building heating equipment fumes, smoke,
soot, or vapors;
. contractor or service work materials
fumes, gases, or vapors;
. hostile fire heat, fumes. or smoke; or
. mobile equipment operating fluids.
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Nor will we apply this exclusion to:
. bodily injury or property damage th>lt
results from yol.lr products or your
completed work, other than waste products
or completed work; or
. premises d>lm>lge that results from fire.
Pollution means any actual, alleged, or
threatened discharge, dispersal. escape,
migration, release, or seepage of any
pollutant.
Pollutant means any solid, liquid, gaseous,
or thermal irritant or contaminant, including:
. smoke, vapors, soot, fumes;
. acids, alkalis, chemicals; and
. waste.
Waste includes materials to be recycled,
reconditioned, or reclaimed.
Prqtected persorts premises means any
premises, site, or location that is or was at
any time owned, rented. leased, borrowed.
Or occupied by any protected person. For
example:
You sold an office building two years ago.
It contains asbestos ceiling tile that
released asbestos into the air while you
owned it. A former tenant now sues you
for bodily injury that allegedly resulted
li:32 )5fgv NO.293
P.26/31
1beStIIIuI
from the release of that asbestos, We
won't cover such injury.
Another example:
You own an apartment building. Its
woodwork is finished with paint that
contains lead. Two of your renters sue you
for bodily injury to their children allegedly
caused Þy the lead in that paint. The
children supposedly consumed the lead by
eating chips of the paint from the window
sills in their apartments. We wortt cover
such injury.
But we won't consider a premises, site, or
10<:atio'1 tha~ isn't owned. rented. leased,
borrowed, or occupied by yol.¡ to be a
protected person's premises in connection
with pollution that results from your work
being performed there. For examp!e:
You are hired b¡ the owner of a premises
to perform work there. The premises
owner requires you to provide it with
insurance protection for that work. We do
SO with an additional protected person
endorsement under this agreement. Your
work being performed on that premises
causes pollution injury or damage to
happen there. Even though that premises is
owned by an additional protected person.
we won't consider that premises to be a
protected person's premises for purposes of
determining your coverage. or the premises
owners coverage. for that injury or damage
under this agreement.
Waste site means any premises. site, or
location that is or was at any time used by
or for any protected person or others for
the handling, storage, disposal, processing,
or treatment of waste. For example:
For several years waste generated by your
manufacturing business was disposed of in
a landfill owned by others. The landfill
was closed two years ago. Nearby
residents now allege that they're being
injured by the waste from there. We
wont cover such injury.
Protected person's work site means any
premises, site, Or location at, on, or in
which work is being performed by or for
any protected person when:
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
!IISt.Paul Fire end Marine Insurance Co. 2001 All Rights Reserved
Page 23 of 28
i¡I¡;'R. 6.200"
3: 29PM
1IIoStRlui
. the pollution involves a pollutant that is
brought to, on, or in such premises, site,
or location by or for the protected person
in connection with such work; or
. the work being performed is pollution
work.
For example;
A subcontractor workIng for you brings a
dIesel fuel storage tank to the building site
for refueling of its excav<Jtion equIpment.
After a couple of days it is discovered that
the tank has been leaking. Some of the
escaped fuel /s found to have seeped into
an underground conduit and damaged the
insulation on the fibsr optic cables in the
conduit. We wont cover such property
damage.
Waste pollutant means any pollutant that Is
or was at any time transported, handled,
stored, treated, disposed of, or processed as
waste by or for:
. any protected person; or
. any person or organization for whom you
may be legally responsible.
For example:
Waste generated by your business /s
transported to 8 landfill by a trucker hired
by you. There Is an accident that causes
the waste to be spilled onto the roar/. One
of the firefighters who responds to the
accident later alleges that fumes from the
waste made her iI/. We wadt cover such
Injury.
Building heilting equipment fumes, smoke,
soot. or vapors means only the fumes,
smoke, soot, or vapors that:
. result from equipment used to heat a
building at or on a protected person's
premises; and
. are within that building.
Contractor or service work materials fumes,
gases, or vapors means only the fumes,
gases, or vapors that:
. result from materials brought into a
building at or on a protected person's
work site In connection with work, other
than pollution work, being performed there
by or for you; and
NO. 293
P.27/31
:Aß ze,/3Ì'!
. are within that building.
Hostile fire heat, fumes, or smoke me2lns
only the heat, fumes, or smoke that result
from a hostile fire at, on, in, or from:
. the protected person's premises, other
than a waste site; Or
. the protected person's work site, other
than a waste site, but only if the hostile
fire doesn't result from pollution work
being performed by Or for the protected
person.
Hostile fire means a fire that;
. becomes uncontrollable; or
. breaks out from where it was intended to
be.
Mobile equipment operating fluIds means
only the fuels, lubricants, or other operating
fluids that:
. are part of the mobile equipm~nt being
maintained, operated, or used In
connection with work, other than pollution
work, being performed by or for the
protected person at, on, or in the
protected person's work site;
. are needed to perform the normal
electrical, hydraulic, or mechanical
functions necessary for the operation of
the mobile equipment or any of Its parts;
. aren't intended to be discharged,
dispersed, or released as part of the
operation of the mobile equipment or any
of its parts;
. aren't intended to be discharged,
dispersed, or released as part of the work
being performed by or for the protected
person; and
. escape from a mobile equipment part
designed to hold, store, Or receive them.
Waste prOducts or completed work means:
. your products, or your completed work,
that is or was handled, stored, disposed
of, processed, or treated as waste at, on,
or in a waste site; Or
. your products, or your completed work,
that is Or was a waste pollutant; or
. your completed work that Is being used
for cleaning up, containing, detoxifying,
disposal of, handling, monitoring,
neutralizing, processing, removing, storing,
47150 Rev. 7-01 Printed in U.S,A.
1>~.....';l...f'R """.þ~"II:'r..~n"'PJI~r'~"'~o...~~~""'^ ?nn, All "'...h+.. ".......".....
.' g¡ ~pR. 6.2004
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testing for, transporting, or trellting any
pollutant at, on, or in a waste site.
8
We explain the terms:
. mobile equipment in the Mobile equipment
exclusion;
. pollution work in the Pollution work loss,
cost, or expense exclusion;
. premises damage in the Elich event limit
section; and
. your products, your work, and your
completed work in the Products and
completed work total limit section.
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Pollution work loss. cost, Dr expense. We
won't cover any loss, cost, or expense that
results from:
. any request, demand, order, or statutory or
regulatory requirement thllt IIny protected
person or others perform pollution work;
or
. any claim or suit by or for 1!Iny
governmental authority for dllmllges that
result from the performance of pollution
work,
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But we won't apply this exclusion to any
damages for property damage for which the
protected person would have liability without
such:
. request, demand. order, or statutory or
regulatory requirement; or
. claim or suit.
For example:
One of your products is a container that
may be used to store various types of
liquids. Several of those containers are
sold to a company that uses them for
storage of a chemical in one of its
warehouses. During such use one of them
ruptures and the chemical spills onto a
concrete floor. Some of the spil/ed
chemical seeps into the ground through a
gap between the floor and an adjoining
wall.
The customer alleges that the corrosive
effect of the spilled chemical caused parts
of the concrete floor to disintegrate,
making them unusable. As a result, he
demands that you pay the cost to replace
NO. 293
P.28/31
'lheStlllul
those parts of the floor and properly
dispose of any contaminated concrete.
Also. the customer Is concerned that the
spilled chemical that seeped into the
ground may be considered a source af
pollution by adjacent property owners or
by a state environmental protection law.
As a result. he also demands that you pay
the cost to replace and properly dispose af
any contaminated soli.
Based on the facts available to us. we'll
consider the cost to replace the
disintegrated parts of the concrete floor to
be damages for property damage that istit
subject to this exclusion. However, we
wotit cover:
. the additional cost to properly dispose of
any contaminated concrete: or
. the cost to replace or properly dispose
of any contamInated soil:
regardless of who demands or requires that
such pollution work be done.
Pollution work means:
. the testing for, monitoring, cleaning up,
removing, containing, treating, detoxifying,
or neutralizing of any pollutant; or
. the responding to, or assessing, in any
way the effects of any pollutant.
For example:
A chemical spill at your manufacturIng
facility releases a vapor cloud. Several
hundred people are exposed to the vapor
cloud before It disappears. None of them
sustain any apparent bodily injury.
However, several of them demand that you
arrange and pay for medical checkups now,
and yearly for the next ten years, to assess
the effect of the vapor cloud on their
health. We wotit cover the cost of such
pollution work, regardless of who orders
or performs it.
We explain the terms:
. pollutant in the Pollution injury or damage
exclusion; and
. your products in the Products and
completed work total limit section.
~'3 2)/]t)
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
s¡St.Paul Fire and Mari.,e Insurllnce Co. 200 1 All Rights Reserved
Page 25 of 28
¡¡¡fRo 6.2004
3: 30PM
-aoSlRlul
Poor quality or performance. We won't cover
advertising injury that results from the
failure of your products, your work, or your
completed work to conform with advertised
quality or performance.
We eJlplain the terms your products, your
work, and your completed work in the
Products and completed work tot!!1 limit
section.
Product recall. We won't cover ilny loss,
cost, or eJlpense that is Incurred by you or
others and results from any recall, removal,
or withdrawal of:
. impaired property;
. your products; or
. your completed work;
from the market, or from use by any person
or organization, for any reason.
Nor will we cover any loss, cost, or
expense that Is Incurred by you or others
and results from the:
. loss of use;
. adjustment, Inspection, repair;
. replacement; or
. disposal;
of such property, products, or completed
work.
We explilin the terms:
. impaired property in the Impaired property
e¡cclusion; and
. your products and your completed work in
the Products and completed work total
limit section.
Unn8llled partnership, Joint venture. or limited
liability company. We won't cover Injury or
damage or medical eJlpenses that result from
the conduct of any current or past
partnership, Joint venture, or limited liability
compilny that Isn't shown in the Introduction
as a named insured.
But we won't apply this exclusion to the
extent such orgllnization otherwise qualifies
as iI protected person under the Who Is
Protected Under This Agreement section.
Watercraft We won't cover bodily injury,
property damage, Or medical expenses that
result from the:
NO. 293
P.29/31
. ownership, maintenanca, use, or operation;
. loading or unlollding;
. entrustment to others: or
. supervision of others in or for the
maintenance. use. operation, loading or
unloading, or entrustment to others;
of any watercraft owned, operated, rented.
leased, or borrowed by any protected
person.
But we won't apply this exclusion to the
liability of another to pay damages for
bodily injury or property damage If you
have assumed such liability under a c:overed
c:ontrllct that:
. is for the ownership. maintenance. or use
of a watercraft; and
. was made before the bodily injury or
property damage happens.
Nor will we apply this exclusion to premises
damage.
Also, we won't apply this exclusion to
bodily injury, property damage, or medical
expenses that result from:
. watercraft while ashore on premises thllt
you rent or lellse from others, or own;
. watercraft you don't own that is less than
76 feet long and isn't being used to carry
persons or property for a charge; or
. the operation of specialized equipment.
We explain the terms:
. covered contrac:t in the Contract lillbility
exclusion;
. entrustment to others, loading or
unloading. and supervision of others, in
the Auto exc:luslon;
. premises damage in the Each event limit
section; and
. spec¡IIlized equipment in the Mobile
equipment exclusion,
Workers compensation and other benefits IlIWs.
We won't cover IIny obligation that the
protected person has under any:
. workers compensation law;
. disability benefits law;
. IInemployment c:ompensation law; Or
. similar law.
~
)/8"~-,-;)
47150 Rev. 7-01 Printed in U.S.A.
"..... ?'" ..~ ?'" ...¡:+I>...I (:I.D ....! M..;n" InQ"'."~D 1"'... ?nn1 All Rinh+~ R..~...v...!
..'~ '~R. 6.200<1
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3: 30PM
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Wrong price description, We won't cover
advertising injury that results from the
wrong description of the price of your
products, your work, or your completed
work,
8
We explain the terms your products. your
work, and your completed work in the
Products and completed work total limit
section.
...
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Other Insurance
This agreement is primary insurance. If
there is any valid and collectible other
insurance for injury or damage covered by
this agreement, the following applies in
connection with that other insurance:
...
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Other Insurance means insurance, or the
funding of losses, that's provided by or
through:
. another insurance company;
. LIS, except under this agreement;
. any of our affiliated Insurance companies;
. any risk retention group;
. any self-insurance method or program,
other than any funded by you and over
which this agreement applies; or
. any similar risk transfer or risk
management method,
However. we won't consider umbrella
insurance, or excess insurance, that you
bought specifically to apply in excess of the
limits of coverage that apply under this
agreement to be other insurance,
Primary or excess other insurance. When there
is primary other insurance, we'll share with
that other insurance any damages for injury
or damage covered by this agreement, We'"
do so with one of the methods of sharing
described in the Methods of sharing section.
However, we'" apply this agreement as
excess insurance over the part or parts of
any primary or excess other insurance that
provide:
. property or similar coverage for property
damage to YOUr work;
. property or similar coverage for property
damage to premises that you rem, lease,
or borrow from others. other than
NO.293
P.30/31
~ ?<l/Jo
1bISIRlui
premises you rent for a period of seven
or fewer consecutive days;
. aircraft. auto. or watercraft bodily injury
or property damage coverage; or
. protection for you as an additional insured
or additional protected person.
We explain how we'" apply this agreement
as excess insurance in the When this
agreement is excess insurance section,
Aircraft, auto. or watercraft bodily Injury
or property damage coverage l11eans
coverage for bodily injury or property
damage that:
. results from the maintenance, use,
operation, or loading Or unloading of any
aircraft, auto, or watercraft; and
. isn't specifically excluded by the Aircraft.
Auto, or Watercraft exclusions In this
agreement.
We explain the term your work in the
Products and completed work total Ii 111 it
section.
When this agreement is excess insurance.
When this agreement is excess insurance, we
won't have a duty to defend the protected
person against the part or parts of any
claim or suit for which any other insurer has
the duty to defend that protected person,
However, we'll defend the protected person
against a claim or suit for injury or damage
covered by this agreement if no other
insurer will do so, In return we'll require
that we be given all of that protected
person's rights against each such insurer.
Also, we'll pay only the amount of damages
that's in excess of:
. the total amount that all such other
insurance would pay if this agreement
didn't exist; and
. the total of all deductible end self-Insured
amounts under all such other insUrance.
But we won't pay more than the limits of
coverage that apply under this agreement.
Methods Df sharing. We'll use one of the
methods of sharing described below.
Contribution by equal shares. If all of the
other insurance permits contribution by equal
47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement
<IISt,Paul Fire and Marine Insurance Co, 2001 All Rights Reserved
Page 27 of 28
.; ,,' ~R. 6.200<1
3: 30PM
1heSrRnd
shares. we'll sh~re the damages equally. But
we won't pay more than the limits of
coverage that apply under this agreement.
If any policy reaches its limit before the
entire amount of damages is paid. the
remaining policies will share the balance
equally until their limits have been used up
or the ~mount of the damages is paid in
full. For example:
You are required ÓJI a court to pay
damages of $1,000,000. Besides this,
agreement, two other policies apply to the
judgment. The Jlmit uncler this agreement
Is $500,000. Policy B has a $100,000
limit and Policy C's limit is $300,000.
First, $100,000 is subtractBd from each
policys limit because that is the IUllifest
limit provided ÓJI any of the three policies.
The result is Policy 8's limit is used up.
the balance due on the judgment is
$700,000, $400,000 remains of this
agreement's limit, and the unused portion
of Policy C's limit equals $200.000.
Next, $200,000 Is subtractBd from the
limit under this agreement and Policy C
because that amount equals the smallest
amount of limIt remaining on either policy
after the initial $100,000 payment. The
result Is Policy C's limit is used up, the
balance due on the judgment is now
NO.293
P.31/31
$300,000, and this agreement has
5200.000 of its limit remaining.
Finally, the rest of the limit under this
agreement is paid. The result is this
agreement's limit is used up and the
balance due on the judgment is now
$100.000, which yOU must pay. The total
paid under each policy is $500,000 this
agreement, $100,000 Policy B. and
5300,000 Policy C,
ContribCJtion by limits. If any of the other
Insurance doesn't permit contribution by
equal shares. we'll p~y the portion of the
damages that is equal to our percentage of
the total of all limits that apply. But we
won't pay more than the limits of coverage
that apply under this agreement. For
example:
You are required by a court to pay
damages of $600,000. Besides this
agreement, another policy applies to the
judgment. The limit under thIs agreement
is $300,000. Policy B has a 5100.000
limit. The total limit of all insurance is
5400.000.
Our limit is 75% ($300.0001$400.000) of
the total limit. But we worN pay 75% of
the judgment because that $450,000 share
is more than our limit. We'll pay only our
limit. which is $300,000.
~ .1() /)0
47150 Rev. 7-0' Printed In U.S.A.
"6~6 "" ~. "" ",1::+ 1'1,,111 FI'.. An'" Marin.. Im,uranc" Co. 2001 All Riahts Reserved
A CORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE lMMIDD/YYJ
3114105
PRODUCER 1~-244-1343 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
UNDERWRITERS SAFETY & CLA S ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1700 EASTPOINT PARKWAY HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. BOX 23790
LOUISVILLE, KY 40223 INSURERS AFFORDING COVERAGE
INSURED Appriss Inc. INSURER A: ST. PAUL FIRE & MARINE INS.
10401 Linn Station Rd, Ste 200 INSURER B
Louisville KY 40223-3842 INSURER c:
INSURI-R 0:
I INSURER E;
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
r~~~ TYPE OF INSURANCE POLICY NUMBER ~l:,lp EffECTIVE POliCY EXPIRATION LIMITS
A ~ERAL LIABILITY TE00801309 3/15/05 3/15/06 EACH OCCURRENCE $ 1000000
X COMMERCIAL GENERAL LIABiliTY fiRE DAMAGE (Anyone life) $ 1000000
I CLAIMS MADE W OCCUR MED EXP (An,! one persollj $ 10000
- PERSONAL & ADV INJURY $ 1000000
~ GENERAL AGGREGATE $ 2000000
~'L AGGREn LIMIT APn ~ER: PRODUCTS CaMP/Or AGG $ 2000000
POLICY ~~9T LOC
A ~OMDBILE LIABILITY TE00801309 3/15/05 3/15/06 COMBINED SINGLE LIMIT 1 000000
(Eaaccident) $
- ANY AUTO -
- ALL OWNfD AUTOS APPROVED A , TO FORJ\ BODilY INJURY
$
SCHEDULED AUTOS /bd] (Per person)
- :~~
eX HIRED AUTOS 60DIL Y lNJURY
'r"- -:7/ $
P NON-OWNED AUTOS iPeraecident)
/Laura Stit Shoed
I- PROPERTY DAMAGE $
Assistant Cit <\tt rne\ (Per accid ent~
RAGE LIABILITY AUTO ONLY. EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A EXCESS LIABILITY TE00801309 3/15/05 3/15/06 EACH OCCURRENCE $ 10000000
~-~CCUR 0 CLAIMS MADE AGGREGATE $ 10000000
$
1=;:1 ~EDUCTIBLE $
X RETENTION $ 10000 $
A WORKERS COMPENSA nON AND WVA0803235 3/15/05 3/15106 X I T"X~ySU~lNs I I Ol~-
EMPLOYERS' LIABILITY E.l. EACH ACCIDENT $ 500000
E.l. DISEASE. EA EMPLOYEE $ 500000
E l. DISEASE - POliCY LIMIT $ 500000
A OTHER TE00801309 3/15105 3/15/06
TECHNOLOGY ERRORS $2,000,000 EACH OCCURRENCE
& OMISSIONS $2 000 000 AGGREGA TE
DESCRIPTION OF OPERATIONSILOCATION$IVEHICLESIEXCLUSION5 ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS
COUNTY OF ORANGE NAMED AS ADDITIONAL INSURED
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER; CANCELLATION
INSURANCE DESK SHOULD ANY OF THE ABOVE DESCRIBED POliCIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAll ---1Q... DAYS WRITTEN
SHERIFF/PURCHASING/2ND FLOOR NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, BUT FAILURE TO DO SO SHAll
#60 CIVIC CTR PLZ PO BOX 1981 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
SANT A ANA CA 92703 ~TIVES.
AUTH ~W.; ~I.A-er----
ACORD 25-S 17/971
5- 59
@ ACORD CORPORATION 19BB
,
ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMfDDIYYI
3/09106
PRODUCER T~-244-1 343 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
UNDERWRITERS SAFETY & CLA S ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1700 EASTPOINT PARKWAY HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE CDVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. BOX 23790
LOUISVILLE. KY 40223 INSURERS AFFORDING COVERAGE
INSURED tJ-~03-11;;L INSURER A: ST. PAUL FIRE & MARINE INS.
Appriss Inc.
d-/J.l;L-iJS5 INSURER B:
10401 Linn Station Rd, Ste 200 N -. '-I ;;.0/ INSURER C
Louisville KY 40223-3842 IJ - ;:).00 c' <J I
IV - ;)..00.....)- I INSURER 0:
, N . ;;;'oal-~ /59 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~+>: TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
A ~NERAL LIABILITY TE00801309 3/15/06 3115/07 EACH OCCURRENCE $ 1 000000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) , 1000000
I CLAIMS MADE Q OCCUR MED EXP lAny one person) $ 10000
f- PERSONAL & ADV INJURY $ 1000000
- GENERAL AGGREGATE $ 2000000
~'l AGGREn LIMIT APn PER: PRODUCTS - COMP/OP AGG , 2000000
POLICY ~~,QT lOC
A ~TOMOBILE LIABILITY TE00801309 3/15106 3/15107 COMBINED SINGLE LIMIT
(Eaaccidentl , 1000000
'-- ANY AUTO
- All OWNED AUTOS BODilY INJURY
,
SCHEDULED AUTOS (Perpersonj
-
.1S.. HIRED AUTOS BODilY INJURY
,
.1S.. NON.OWNED AUTOS (Per accident)
- PROPERTY DAMAGE ,
IPeraccidentj
-=lAGE LIABILITY AUTO ONLY - EA ACCIDENT ,
ANY AUTO OTHER THAN EA ACC ,
AUTO ONLY: AGG ,
A EXCESS LIABILITY TE00801309 3115/06 3/15107 EACH OCCURRENCE , 10000000
~"OCCUR D CLAIMS MADE AGGREGATE $ 10000000
,
~ DEDUCTIBLE $
X RETENTION $ 10000 $
A WORKERS COMPENSATION AND HHUB3515C42906 3115/06 3/15107 X I T~~ySI~~s I I Ol~-
EMPLOYERS' LIABILITY
E.L EACH ACCIDENT , 500000
E.l. DISEASE - EA EMPLOYEE , 500000
E.l. DISEASE - POLICY LIMIT , 500000
A OTHER TE00801309 3/15/06 3/15107
TECHNOLOGY ERRORS $2.000.000 EACH OCCURRENCE
& OMISSIONS $2000000 AGGREGATE
DESCRIPTION OF OPERATIONStlOCATIONS/VEHIClEStEXClUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
COUNTY OF ORANGE NAMED AS ADDITIONAL INSURED
~~
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER lETTER: CANCELLATION
INSURANCE DESK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCellED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WIll ENDEAVOR TO MAIL --N. DAYS WRITTEN
SHERIFF/PURCHASINGI 2ND FLOOR NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, BUT FAilURE TO DO SO SHAll
#60 CIVIC CTR PLZ PO BOX 1981 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
SANTA ANA CA 92703 REPRE~TATIVES.
AUTH'~~W ;~
ACORD 25-S 17/97)
5- 59
@ ACORD CORPORATION 19B8
IMPORTANT
If the certificate holder is an ADDiTIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORO 25-5 17/971
.
A CORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYI
3/13/07
PRODUCER y02-244-1343 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
UNDERWRITERS SAFETY & CLA MS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1700 EASTPOINT PARKWAY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. BOX 23790
LOUISVILLE, KY 40223 INSURERS AFFORDING COVERAGE
INSURED INSURER A: ST. PAUL FIRE & MARINE INS.
Appriss Inc.
10401 Linn Station Rd, Ste 200 INSURER B:
Louisville KY 40223-3842 INSURER c:
INSURER D:
INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
II~~: TYPE OF INSURANCE POLICY NUMBER ~~;!P EFFECTIVE POLICY EXPIRATION LIMITS
A GENERAL LIABILITY TE00801309 3/15/07 3/15/08 EACH OCCURRENCE , 1000000
r-
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone lire) , 1000000
I CLAIMS MADE W OCCUR MED EXP (Anyone person) , 10000
- PERSONAL & ADV INJURY , 1000000
- GENERAL AGGREGATE , 2000000
~<l AGGREFl ~IMIT APFl PER: PRODUCTS - COMP/OP AGG , 2000000
POLICY ~~9T LOC
A AUTOMOBILE LIABILITY TE00801309 3/15/07 3/15/08 COMBINED SINGLE liMIT
~ lEa accident) , 1000000
- ANY AUTO
~ All OWNED AUTOS BODilY INJURY
,
SCHEOUlED AUTOS IPerperson)
-
.lS.. HIRED AUTOS BODilY INJURY
,
.lS.. NON-OWNED AUTOS IPeraccident)
PROPERTY DAMAGE ,
IPeraccident)
RAGE LIABILITY AUTO ONLY - EA ACCIDENT ,
ANY AUTO OTHER THAN EA ACC ,
AUTO ONLY: AGG ,
A EXCESS LIABILITY TE00801309 3/15/07 3/15/08 EACH OCCURRENCE , 10000000
r:KJ OCCUR 0 CLAIMS MAOE AGGREGATE , 10000000
,
R DEDUCTIBLE $
X RETENTION , 10000 ,
A WORKERS COMPENSATION AND HHUB3515C42905 3/15/07 3/15/0B X,J T~~Jr~~s I I OJ~-
EMPLOYERS' LIABILITY EACH ACCIDENT '
E,L. , 500000
E.L. DISEASE - EA EMPLOYEE , 500000
E.L. DISEASE - POLICY LIMIT , 500000
A OTHER TE00801309 3/15/07 3/15/0B
TECHNOLOGY ERRORS $2,000,000 EACH OCCURRENCE
& OMISSIONS $2000000 AGGREGATE
DESCRIPTION OF OPERATIDNSfLOCATIONSIVEHICLESfEXClUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
COUNTY OF ORANGE NAMED AS ADDITIONAL INSURED
\~
'T~;fl.N~
~v /
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
INSURANCE DESK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
SHERIFF/PURCHASING/2ND FLOOR NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAilURE TO DO SO SHALL
#60 CIVIC CTR PLZ PO BOX 1981 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
SANTA ANA CA 92703 REPRE.oSP/IITATIVES.
AUTH'=:t~W -f~
ACORD 25-S (7/97)
5- 59
@ ACORD CORPORATION 19BB