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Home My WebLink AboutAPPRISS INC. f/n/a VINE COMPANY 1B - 2003AGREEMENT TERMINATION ~ .a ~ ~ ;~ Please complete this form when the attached agreement is no longer in effect. -:~, ,_ 43 Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-5238 if you have. any ~,,,~ questions. ti" r ~ _"Wr The agreement with ~~nr1~5_,.~e. -~Kl~ l/~yt~,Q.l2c,~ , No. N~o ~j ( ~ was completed on ~' 3 I / U ~- ,and final payment has been made. Department: )(~ 17 ~. ~ Z.caut 20~ Signature:, ' 11~~.~ FK-~~--- N 2~7C73- 0~5 Date: ~' `~ /`-,~ N ?~Q 1-2.~ N zc~'•} t~4 N ~~ ~y~ City of Santa Ana zaD Revised 8-7-0~ ~~~ Clerk of the Council ìNSUR~CE ON FILE WORK MAY PROCEED UNTIl. INSURANCE EXPIRES 3~/5~o4 C.ERK Of COUNCIL DAfE. lC>- <¡-OJ c: Ph h'<5UL hN N-2003-112 .....I SECOND RENEWAL OF SERVICE AGREEMENT 01/ THIS SECOND RENEWAL OF SERVICE AGREEMENT, is entered into on 0 cJob-eY '1 ,2003, by and between Appriss, Inc. f/k/a the Vine Company ("Service Provider") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). Recitals: A. The parties entered into Agreement No. N-2001-201, dated May 1,2001, (hereinafter "said Agreement") by which Service Provider has provided victim notification services. B. The parties entered into Renewal of Service Agreement, No. N-2002-085, (hereinafter "Renewal") by which Service Provider has and will continue to provide said services through September 31,2003. C. In accordance with the terms and conditions of said Agreement and Renewal, the parties wish to renew the Agreement for an additional one year period. Wherefore, in consideration of the covenants contained in said Agreement and Renewal, and subject to all the terms and conditions of said Agreement and Renewal, except those amended in this Second Renewal of Service Agreement, the parties agree as follows: I. Service Provider and City agree to renew the Agreement for one year, beginning October I, 2003 and ending September 31, 2004. Service Provider shall continue to provide victim notification services as described in said Agreement and Renewal. 2. Section IV b., Fees and Commissions, shall be amended to reflect an adjusted Recurring Operational Fee of $650.00, for the twelve month period commencing October 1,2003. The total compensation to be expended pursuant to this Renewal of Agreement shall not exceed $8,000.00 during the renewal term. 3. Except as hereinabove amended, all terms and conditions of said Agreement and Renewal shall continue in full force and effect. II II II IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: ~:I~~ Clerk of the Council ~RÉ~ City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney Ryd:AØ/ß" '7 La a eedy Assistant City Attorney APPROVED AS TO CONTENT: APPRISS, INc. ~ MICHAEL DAVIS President Ck~ PAULM. WALTERS Chief of Police """""""" ......, \St'IA Lo.- I", ,:.; -,c::.J ""..;:"!9'~ 'I> '" 't""", '" <T .. :' .,' ".. 1. $ / NOTARY "\ 'i :f -*- i~ ; \ PUBUC j j ~ "1):'" "",j'1f -:., ú';;"......,.,:';"q¡ ,,$ "qQ_/~ìe A1 v......." -..........- Á~~~~ VV\. íf!;¡..-¡!tl3- ~ c:t..-+- ?1~~ ~~5. ~-nf . ~~..6.200.1 3: 13PM NO. 293 P.2/31 ACORD,. CERTIFICATE OF LIABILITY INSURANCE I OATE'MMiDDIVVI 4/06/04 PIIOOUCI!R UNDERWRITERS SAFETY & CL1~-~44-1343 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1700 EASTPOINT PARKWAY HOLDER. THIS CERTIFICATE DDES NOT AMEND, IOCTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O, BOX 23790 LOUISVILLE, KY 40223 INSURERS AFFORDING COVERAGE 'NIUIII'D Appriss Inc. N-.J.pol,;QJ/ INSU"," A: ST. PAUL. FIRE & MARINE INS. 10401 Linn Station Rd, 5ts 200 N, ~po)..-tJý5 INSU"," .; INSU"E" CO Louisville KY 40223.3842 N -.;po3' /1,2 '.SU"," D; '."URER E; COVERAGES THE POL.ICIES OF INSURANCE LISTED BEL.OW HAVE BEEN ISSUED TO THE INSURED NAMED ASOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTIIACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POL.ICIES DESCRIBED HEREIN IS SUBJECT TO AL.L. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POL.ICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I'~~ 'l'l'PE OF INSURANCE POUCY NUMBER PO'ICY "..CTlVE POUCY EX"RATION UMrr. A ~"'L UA"'11Y TEooao 1 309 3115/04 3115/05 EAOH OCCUR"ENe, , 1000000 ~ pMeRCIAL GeNERAL LIA.ILITY FIRE !)AMAGE IMy '" ""I . 1000000 ~ ClAIMI MADe [X] OCCUR MEC """ IAny '" ..""" 10000 PERSONAL & ADV INJURY ' 1000000 GENeRAl. AGOMGATE , 2000000 ~'L .aORn LIMIT n "R; PRODUCTS. CCMPIOP AGG ' 2000000 POUCY I ~'~T (.OC A ~TDMD.'" LIAOIUTY TEOOB01309 3/15/04 3/15/05 COMBINEO SINGLE LIMIT , 1000000 ANY AUTO Ie. ".'"tI ~ '- AIL OWfooeD AUTOS SODILYI,,"RY l3() . - SCHEDULED AUTDS cÝcu.\-.t(ÁC ~W,~' 'Por ""001 ~ HIREO AUTOS BODILY INJURY . ~ NON'OWNeD AUTDS 'Po' ",Idantl ""OP,"TY DAMAGe , '. 'f'a, """"1 ~AG' LlA.ILITY AUTO ONLY, eA ACCIDENT . ANY Aurn OTHER THA. EAAec . AUTO ONLY: AGO , A ~'" LlA.'LI'IY TEO0801J09 3/15/04 3/15/05 EACH OCCURRENCE . 10000000 X OCCUR D CLAIMS MADE AGGREGATE . 10000000 , ~ ~EDUCT1ILE . X REmmON . '0000 . A WOAKEIIS OO""""AT10N AND WVAOBO3235 3/16/04 3/16/06 X es A lOJ,\<- EMPLOY""" UABlll1Y E.' EACH ACCIDENT . 500000 E.L. DISEASE' EA "'PLDygE . 500000 '.L. DISEAse. POUCY LIMIT' "00000 A OT- TEOOa01309 3/16104 3/15/05 TECHNOLOGY ERRORS $2,000,000 EACH OCCURRENCE & OMISS 0.,0 I ., 000 000 AGGREGATE O..CRlmON OF 0..RAT10NS/IDCAT10NSNEHICL"""'XCW9l0NS A"""" BY INDO_.NT/...CIA. "'OVISfONS SEE ATTACHED ADDITIONAL. INSURED ENDORSEMENT FOR COMMERCIA. GENERAL LIABILITY PO.ICY. CERTIFICATE HOLDER ADOmONA. 'NOUREO, 'NSU.'. ~: CANCELLATION SANTA ANA POLICE GHOU1.D ANY OF""E ABOVE 0"""'"'0 I'OUOI.. ., CAN"""" OEFDRE THI ""MRATION DATE TNE.'OF. TN' I"",NO ,,""R'R WILL ENO,AVOR TO MAIL.....l.2.. OA" WRI"ON DEPARTMENT M-96 NOTICE TO THE ",RTIRCATI HO'OER ...,EO TO THE LEFT. BUT FAILUFII TO DO 50 IHALL #60 CIVIC CENTER PLAZA 1M""'" NO DOUOATI.. DR UAI",TY OF ANY "'NO UPON THE INSURER. ITS ."",n OR SANTA ANA, CA 92703 ""~ATIIIIS, AUT1~~tV -I ~ ACORD 26,S 17/971 E. E9 iii ACORD CORPORATION ,gee ,.' APR..6.200.1 . ' 3: 14PM NO.293 P.3/31 IMPORTANT If the certificate hclder is an ADDITIONAL INSURED, the policy(íesl must be endorsed. A statement en this certificate dces 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 nct confer rights to the certificate holder in lieu of such endorsement(sl. DISCLAIMER The Certificate of Insuranoe 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 effirmatively or negetively amend, extend or alter the coverage afforded by the policies listed thereon, ~ 2(30 ACORD 25-S 17/97) To' g¡ ~f;'R.. 6.200.1 3:20PM .. " g TECHNOLOGY 0 COMMERCIAL GENERAL LIABILITY PROTECTION ,-,' - I . . . '~ " " This insuring agreement provides general liability prote~tion for your business, There are. of ~ourse. limitations and ell~lusions 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 snd other prote~ted persons. .~ õ 0 I- 0 a 0 NO. 293 P.4/31 u.srau .... " 0 Table of Contents What This Agreement Covers Bodily injury and property liability. Personal injury liability, Advertising injury liability. Medical expenses. Right and duty to defend a person. Additional payments. Right to appeal a judgment protected person. against a :>: damage '" "' ~ '" 0 '" õ 8 '" I- .. 0 0 " protected When This Agreement Covers Bodily injury snd 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 ventura. Limited liability company, Corporation or other organization, Employees ¡¡nd volunteer workers. Real estate managers. l.andlords. Equipment lessors. Persons or organizations for your work as required by written contract. Vendors of your products. Dpørltors of registered mobile equipmønt. Unnamed subsidiaries, Newly acquired or formed organizations. Separation of protected persons. Limits Of Coverage Gøneral total limit. ProdUcts and completed work total limit. Personal injury ea~h person limit. Advertising injury nch person limit. Page 2 Each event limit. How the limits of coverage apply if a total limit is left blank. 2 3 4 4 4 5 Exclusions - What 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. Intøøctual properw. Liquor liability. Material previously made known or used, Medical expenses of certain persons, Mobile øquipment. Nuclear energy liability, Pollution injury or damsge. Pollution work loss. cost. or expense. Poor quality or performance. Product recall, Unnamed partnership, joint venture. Or limited liability company, Watercraft. Workers compensation and other benefits laws, Wrong price description. 12 13 13 13 13 14 14 17 17 18 18 18 19 19 19 19 20 20 20 20 21 23 25 26 26 26 26 26 27 27 27 27 27 6 6 6 6 6 6 6 7 7 7 7 7 7 8 9 9 9 9 10 10 Other Insurlnce Primary or excess other insurance. When this agreement is excess insurance, Methods of sharing. 10 10 10 11 11 12 12 ý73 5'/so 47150 Rev. 7-01 Printed In U,S,A. Insurin9 Agreement eSt.Paul Fire and Marine Insurance Co, 2001 All Rights Reserved Page 1 of 28 ,.' APR., 6.200.1 ,. 3: 20PM NO. 293 P.5/31 1boStRtu1 ßJ3 y lJo What This Agreement Covers Bodily Injury and property damage lIabilltv. We'll pay amounts any protected person is legally required to pay as damages for covered bodily injury or property damage that: . happens while this agreement is in effect; and . Is caused by an event, Protected person means any person or organization that qualifies as 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, or disellse: . Mental anguish, injury, or ìIIness. . Emotional distress, . Care, loss of services, or death. We'll consider any bodily Injury that's II continuation, change, or rasumption of previously known bodily injury to happen before this agreement begins if such continuation, change, or resumption would otherwise be covered by this agreement beclluse of a continuous, multiple, or other coverage trigger required under the law that applies, Of course, if there's a continuation. 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 beclluse of a continuous, multiple, or other coverage trigger required under the law that IIpplies. Previously known bodily injury means bodily Inj¡¡ry that happened before this agreement begins and was known by you or IIny described Individual protected person before this agreement begins as a result of any of the following at that time: . You or any described individuill prote~ted person reporting all or part of that bodily injury to US or any other insurer. . You or any descrIbed Individual protected person receiving II claim or suit for all or part of that bodily injury. . Any described individual protected person witness ins, 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 fallowing: . You or your spouse if you are an individual. . Any of your partners or co-venturers that are individuals, or their spouses. if you are a partnership or joint venture, . Any of your members or mllnagers if you are a limited liability compllny. . Any of your directors or executive officers if you are II corporation or other organization, . Any of your employees who is or acts as your insurance or risk manager or holds a position in your insurance, risk management. or legal depllrtment. Property damage means: . physiCII! damage to tangible property of others, including all resulting loss of use of that property; or . loss of use of tllngible property of others that isn't physiclllly damaged. For exllmple: One of your employees accidentally causes a fire in your premises, The fire department responds and orders nearby businesses to close for safety reilSons while it fights the fire, Your premises is hew/ly damaged by the fire, But none of the nearby businesses are physically damaged. As a result. we'll consider the period of time those businesses are closed due to your fire to be loss of use of tangible property of others thøt Isltt physically damaged. We'll consider 1111 physical damage to tangible property of others that's II continuation, change. or resumption of previously known physical damage to 47150 Rev. 7-01 Printed In U.S.A. Page 2 of 28 il)St.Paul Fire IInd Marine Insur""...,, f"" ,"',. A" ..,-".- ,,--- .,' Æ f)I7R..6.200.1 " 0 0 0 \ ~.--" - . ==== - - -= . ... - . - II -= - - . ~ 3: 21PM " " 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. Of course, if there's a continuation, change, or resumption. after this agreement ends, of physical daml!lge to tangible propertY of others that: . isn't previously known physical damage to tangible proparty of others; and . happens while this agraement Is in effect; we'll consider such continuation, chenga, 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 required under the law that applies. 8 I- 8 H 8 " . '" '" "' .. ~ ~ 0 8 OJ l- N 0 0 " We'll consider all loss of use of: . damaged tangible property to happen I!It 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 k~n 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 thl!lt 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 a claim or suit for 2111 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 part of that property daml!lge. NO. 293 P.6/31 1IIIStillui . claim and suit in the Right and duty to defend a protected person section; . executive officer and other organization in the Corporation or other organizati on section; and . employee in the Employees and volunteer workers section, Personal Injury liability, We'll pay amounts any protected person is legally required to pay as dam~ges 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 injllry means injury, other than bodily injury or advertising injury, that's cl!lused by a personal injury offense. Personal injury offense means any of the following offenses: . False arrest. detention. or imprisonment. . Malicious prosecution, . Wrongful entry into, 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 invasion 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 any person or organization covered material that violates a person's right of privacy. Event means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. '/&S We explain the terms: Covered material means any ml!lterlal in any form of expression, including material made known in Or with any electronic means of communication, such as the Internet, 573è 47150 Rev, 7-01 Printed in U.S,A. Insuring Agreement oSt.Pl!lul Fire and Marine Insurance Co. 2001 All Rights Reserved Page 3 of 28 '. ~f;'R.. 6.200.1 3:21PM 1IIISfØIUI 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; and . is caused by an advertising injury offense committed while this agreement is in effect. We won't consider advertising, 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 /lny person or org/lnlzation covered material that disp/lrages 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 me/lns attracting the attention 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 a name of a literary or IIrtlstic work. We explain the terms: . covered material in the Perso"al injury liability section; and . your products, your work, and your completed work in the Products and completed work total limit section. Medical expenses, We'll pay covered madiclIl expenses that result from bodily injury caused by an event that happens While this agreement is in effect. even if the protected person isn't legally required to pay such expenses. Medical expenses means the reasonable expenses incurred by any person or organization for necessllry medical services receivad by a person anytime within three years of the beginning date of an event that clluses 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; . /lrtlficial limbs and organs; and . funeral services, We explain the term health care professionlll services in the Employees and volunteer workers section. RighI and duly 10 defend a protected person. We'll have the right and duty to defend any protected parso" ageinst a claim or suit for injury or damage covered by this /lgreement. 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 have a duty to perform any other /lct or service, ~¿/¿) 47150 Rev, 7-01 Printed in U.S.A. Page 4 of 28 @St.Paul Fire and Marine Insurance Co. 2001 All Ricnt" R."""v.ri .,' :¡¡ i¡lF;'Þ.. 6.200.1 to " " 8 "-~' . "--/ - - - . = - !!!!!!!I!!I - - = - - iiiiiiiIiiIï === - - - ==- .- - -= .. -..,,/' 3: 21PM r.> r.> We'll have the right to investigate any event, offense, claim. or sl1it to the extent we believe is proper. We'll also have the right to settle any claim or suit within; . any applicable deductible; or . the available limits of coverage, 8 t- § Our duty to defend protected persons ends when we have used up the limits of coverege that apply with the paymant of: . judgments; . settlements; or . medic1:l1 expenses, .... '" 0 E . "' ... LP ~ '" " to> 0 '" 8 '" t- " " " " Claim means a demand that seeks damages, 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 "ny: . personal injury offense; or . advertlsin9 Injury offense, AdditjDnal payments, We'll have the duty to mal(e only the additional payments shown below in connection with any claim or suit undar this agreement against a protected parson when we: . investigate or settle the ¡¡Iaim or suit; or . defend the protected person against the claim Or suit. These payments are in addition to the limits of Coverage, 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 'IhoStlllul Our expenses. incur. We'll pay all expenses we Bail bonds. We'll p"y up to $2,500 of the cost of ball bonds that are required because of accidents or violations of traffic laws. But only if the accidents or violations result from the use of a vehicle to which this agreement appl ies, We don't have to furnish 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 reasonable expenses that any protected person incurs at our request while helping us investigate or settle, or defend a protected person against, a claim or suit. But we won't pay more than $500 per day for earnings actually lost by the protected person because of time taken off from work. Taxed costs. We'll pay all costs taxed against any protected person for covered Injury or damage in a suit, Prejudgment interest. We'll pay the Interest that accumulates bafore 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 pey the prejudgment interest that accumulates after the date of our offer. Post judgment interest. We'll pay all interest that accumulates on the full amount of that part of a judgment for which we make a payment, But only from the date of the judgment t9 the date we pay, or deposit in court. the limit of coverage that applies to the judgment. Appeal bonds. If we have the duty to eppeal a judgment that includes damages covered by this agreement, and you agree We can appeal that Judgment, we'll pay the cost of any appeal bond required for that appeal. But only for that part of the judgment that is for damages covered by this "greement and is within the available limit of coverage, However, we'll pay, or 47150 Rev, 7-01 Printed in U.S.A. Insuring Agreement !IISt,Paul Fire and Marine Insurance Co. 2001 All Rights Reserved Page 5 of 28 iZIf;'R..6.2004 3: 22PM ...11101 reimburse the protected person, 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. The results of an appeal won't change the limits of coverage that apply under this agreement, Right tl appeal a judgment Igainst I protected person, We'll have the right 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 e protected person; end . is awarded against the protected person, If we appeal such II judgment, we'll pay the following that result directly from that appeal: . All expenses we incur. . All reasonaþle expenses that any protected person Incurs at our request while helping us with the appeal, other than the cost of appeal bonds, . The cost of any required appeal bond, SLIt 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'" pay, or reimburse the protected person, for the cost of a higher appeal bond amount If we'ra required to do so under tha law that applies. But we won't be the principal under any such bond. Nor do we have to furnish IIny appeal bond, . All postJudgment interest that accumulates on the full 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 won't change the limits of coverage that epply under this agreement. When This Agreement Covers Bodily Injury and property dlmlge liability, 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 ~ß r(3ù Personal Injury liability. We'll apply this agreement to claims or suits for covered personal injury whenever they're made or brought. Advertising Injury liability. We'll apply this agreement to claims or suits for covered advertising Injury whenever they're made or brought, Medical expanses, We'll apply this agreement to covered medical expenses only when they're reported to us within three years of the beginning date of the event. 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 pllyments under, this agreement in the coverage territory for covered injury or dam8ge that's caused by events which heppen, or offenses which are 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 mild.. 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 CCNerage territory, It is -ported to Norway, A few months later a Norwegian citizen is allegedly injured while using that prodtJct and, as a result, sues you. If the suit Is brought against you in the CCNerage territory, and it seeks damages for bodily injury covered by this agreement, we'1/ 47150 Rev. 7-01 Printed in U,S.A. Page 6 of 28 -St.Paul Fire and Marine Insurance Co. 2001 All Rioht.. R.."...v..'" ,,'g¡. .. '" '" '" 0 ',-... ..-.' - ...... -- .- - E - -= == -- - - . - - iiiiiiiiiIii -= - - -- . --= - APR. 6.2004 3:22PM (J (J have the duty to defend you against the suit and pay CC1tIered damages awarded in a judgment against you, However, if the suit is brought against you in Norway, or anywhere else outside of the CC1tIerlfge territory, we worn have a duty to defend you there. Also. we wadt have a duty to pay If judgment awarded by a court there, even if the judgment is later recognized and enforced by a court in the coverage territory. Coverage terrItory me~ns: . the United States of America, including its territories and possesSions; . Puerto Rico; . C~nada; and . international wllters or airspace only during travel or transportation between any of the above places, 8 l- e 0 0 ~ 8 :Ii: I"- '" ID ~ en 0 '" 0 8 "' .... " 0 0 (J We explain the term your products in the Products and completed work total limit secti on, Who Is Protected Under This Agreement Individual. If you are shown in the Introduction as a named insured ancl 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 joint venture, If you are shown in the Introduction as a named insured and a partnership or a joint venture, you are a protected person, Your partners or co- ventUrers, and their spouses, are protected persons only for the conduct of your business, Limited lillbllity company, It you are shown in the Introduction as a named insured and a limited liability company, you are a protected person. Your members are protected persons only for the concluct of your business, And your managers are protected persons only tor their duties as your managers, Corporlltion or other organlz8lion, 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 ofticers are NO. 293 P.10/31 ý}ß c¡ 13 f) 11IoSIRIUI protected persons only tor the conduct of their duties as your directors or executive officers. And your stockholders are protected persons only for their liability as 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 created by the charter. constitution, or by-laws. or any other similar governing document. of a corporation or other organization, Employ"s and volunteer workers, Your employees lire protected persons only for: . work done within the scope of their employment by you; or . their performance of duties related to the conduct ot your business. And your volunteer workers are protected persons only for activities 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 p..rtners Or co-venturers If you are II partnership or joint venture; . any of your members or managers if you are a limited liabilitY company; . any fellow employee; . any fellow volunteer worker or any of your employees; or . the spouse, or any chi Id, 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 worlcer a protected person for: . any obligation to share damages with or repay someone else who must pay damages because of such bodily injury or person..1 injury; or . bodily injury or personal injury that results from his or her performanclI of or failure 47150 Rev. 7"01 Printed in U,S,A. Insuring Agreement oSt,Paul Fire and Marine Insurance Co. 2001 All Rights Reserved Page 7 of 28 APR.. 6.2004 3: 23PM 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: . you; . ,my of your partners or co-venturers if you are a partnership or Joint venture; . any of your members or managers if you are a limited liabilitY company; . that employee or any fellow employee; or . that volunteer worker, any fellow volunteer worker, or any of your employees. But we won't apply the exclusions in this Employees and volunteer workers section to: . bodily injury thllt results from the providing of or failure to provide first aid by an employee or volunteer worker, other than an employed or volunteer doctor; or . premises damage, Nor will We apply the exclusions In this Employees IInd volunteer workers section to bodliy Injury or personal Injury to: . any feliow employee that results from work. other than the perfortnllnce of or hilure 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 feliow employee If such injury results from the bodily Injury or personal injury to that fellow employee, Also, we won't apply this Employees ilnd volunteer workers section to the followln9 protected persons: . Your managers if you are a limited liability company. Instead. we'll apply the LImited liability company section to them. . Your executive officers if you lire a corporiltion or an other organization, Instead, we'll apply the Corporation or other organization section to them. EmplOfee includes a leased worker, other than 8 leased temporary worker, Leased worker means any person who: . Is hirad from an employee leasing firm under a contract or agreement between the hirer and that firm; 8nd NO. 293 P.11/31 ~ ('oÒ7> . is performing duties related to the conduct of the hirer's business. Volunteer worker means 8ny person who: . isn't an employee Or 8 leased tempor~ry worker; . donates hIs or her work; an" . isn't paid a fee, salary, or other compensation for that work, Emplo¡ee leasing firm means any person or orglll1ization that hires out workers to others. It includes any: . employment agency, contractor, or service; . labor e~slng firm; or . temporary halp service, /..Based temporary worker msans a leased worker who is hired to; . tempor8rily take the place of a permanent employee on leave; or . meet seasonal or short-term workload conditIons. Controlled by means; . owned, rented. leesed, occupied, borrowed. or used by; . in the care, custody, or control of; or . being physicallY controlled for any purpose by. Health cøre professIonal services includes: . any dental, medical, mental, nursing, surgical, x-r~y. or other health care professional service, including any advice, instruction, food. or beverage provided with such service; . the dispensing of drugs or medical or dental supplies ~nd appliances; and . the handling or treatment of corpses, Including autopsies, organ donations, and other postmortem procedures. We explain the term premises damage in the Each event limit section, Real estate managers, Your real estate m8nagers are protected persons only for their m8nagement 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 IISt.Paul Fire and Marine Insur8nce Co. 2001 All Rights Reserved 3:23PM . .~APR.. 6.2004 I' . " 0 8 ~-' , ,~ II - " = . --= - ill .. -- .-.j " " 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 Llndlords. Any I.ndlord, lessor, manager, or owner of a premises rented or leased to you is a protected person only for the ownership, maintenønce, Or use of thøt premises while yoU rent or lease It. ¡:; § ~ OJ 0 However. no løndlord, 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 changes. . New construction work, . Demolition work, IE . '" OJ II' ... g¡ co 0 8 "' e- N 0 " " But we won't øpply this Landlords section to your real estate ml!lnagers. Instead, we'll apply the Real estate managers section, or the Employees and volunt~er workers section, whichever section is applicable, to tt..¡m, . Equipment lessors, Any lessor or owner of equipment rented or I¡¡ased to you is a protected person only for your operation, maintenance, or usa of that equipment while you rent or lease it. However, no equipment lessor Or owner Is a protected person for injury ór damage that results from Its sale negligence. Persons or orgln/zations for your work IS required by written contract Any person or organization that: . is not otherwise a protected person under this agreement; and . you specifically agree in a written contract to add as an additional protected person under this I!Igreement; is I!I protected person, but only for covered bodily Injury or property damage that results from your work. However, no such person Or organizi.'Ition is a protected person for bodily Injury or property damage that results from their sale negligence. Also, such person or organization is a protected person only for the lesser of: NO.293 P .12/31 ~ ((/38 1IIeSI1IIu . the limits of covarøge 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 products, 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 additionøl protected person under this .agraament; . 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 and 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 replecement of parts ordered by you or the manufacturer, and later repackaged In their original containers; . any failure of the vendor to parform normal 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 as 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, Insllring Agreement cSt.Paul Fire and Marine Insllri.'lnce Co, 2001 All Rights Reserved Page 9 of 28 . liiPR.' 6.200.1 3: 23PM 1b8StRIul Servicing includes any adjustment, assembly. disposal, inspection. repair or test, We explain the term your products in the Products al1d completed work total limit sectiol1, 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 parmission, Any parson or organization legally responsible for the driving conduct of those operators is also a protected person for such bodily injury or property damage. But only if there's no valid al1d collectible other Insurance available to cOVer its liability for the operators. However, no operetor 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 compal1Y, 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 agreemel1t. However. no unnemed subsidiary is " protected person for: . bodily injury or property damage that happened before you own more than 50% of it; 'ft73 M;?"/3 Ì) NO.293 P .13/31 . personal injury or advertising injury that results from an offense that's committed before you own more thal1 50% of it; or . injury or damage that's covered by other similar general liability Insurance. Own more than 50% 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 acquire or form while this agreement is in effect that isl1't a partnership, 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 parson for: . more th;:¡n 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; . personal injury or advertising injury that results from an offense committed before you acquired or formed it; or . injury or damage that's covered by other similar general liability insurllnce. Separation of protected persons, We'll apply this agreemel1t separately to each protected person, However. all protected persons share the limits of coverage shown In the Coverage Summ"ry. We explail1 how in the Limits Of Coverage secti on, Also. any right or duty specifically assigned to the first named insured remelns 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¡:t in this section fix the most we'll pay as damages and medical expenses. regardless of the number of: 47150 Rev. 7-01 Printed in U.S.A. ".n.. 1" nf ?R ..St.Paul Fir.. and Marine Insurel1ce Co, 2001 All Rights Reserved , .: i)fR.. 6.200.1 <D c ""-' ',,--" - ==:¡¡ - iiii!!!!!iii - -- - - - - - .... - - -= - - " =- 8iiiiiiiiiiii - - - - ==== == - .~,. 3:2.1PM S 0 lJ lJ . protected persons; . claims made or suits brought; or . persons or organizations making claims or bringing suits. g GenB..' tOIa! 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. l- S 0 ~ 8 :ii . " "' ... :!j '" a .. 0 0 OJ l- N 0 0 lJ 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 alld completed work total limit to such bodily injury or property damage covered by 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 year. policy year means each of the following periods of time that this agreement is ill effect. starting with the beginning date of this agreement: . Each consecutive oneo-oyear period, . Any period that remains after 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: ?35 I J/~Ò 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 one-year perIod. And the thIrd is the remaIning nIne-month perIod. NO.293 P .14/31 1h8SI'IIIul During the third policy year you request, and we provide. two separate extensions of the policy period: a three-month extensIon, and then a four-month extension. As a result, the third policy year becomes sixteen months long and Is still subjeCt to the same limits of coverage 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 total limil 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. Your products means any of the goods or products that are or were manufactured, sold. handled, distributed, or disposed of by: . you: . others using your name; or . any person or organization whose business or assets you've acquired. This bodily 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, operation, 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,5.A. Insurine Agreement CiSt,Paul Fire and Marine Insurance Co. 2001 All Rights Reserved Page 11 of 28 ~pR.' 6.200.1 3: 24PM ThoSrRlui . Property that yoU haven't sold, but which you allow others to Use, For example, a vending machine. Your completed work me"ns your work th"t; . 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 lIt the e"rliest 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 lIt 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 contr"ctor 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 p"rts, or tools. . Work done In connection with transporting it property. '\'--6. Any premises or other real property that )~ 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 transporting 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 are 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 mi!lde, about the durability, fitness. handling, maintenance. oper"tlon, performance, qu"lity, 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. Personal injury each person limit This Is the most we'll pay for all covered personal injury that: . is sustained by anyone person or organization; and . is caused by all person,,1 injury offenses committed in a policy year, Advertising injury each person limit. This is the most we'll pay for 1111 covered advertising injUry that; . is sust"ined by anyone person or organization; "nd . is caused by "II advertising injury offenses committed in a policy yei!lr. Each event limit. This is the most we'll pay for all collered bodily injury. property damage, and medical expenses that result from anyone event. 47150 Rav, 7-01 Printed In U,S.A, Paae 12 of 28 cSt.P>lul Fire and Marin.. I"RIIr~""" ('n. 701"11 All Rõ"h+c R......".... , '& ,"fR: 6.200.1 a -..J - ¡¡¡=o;¡ - - - II - = II1II ... - . - - . - - ~/ 3: 24PM § " " However, the most we'll p~y for covered premises d~mage or medic~1 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 I- 8 Premises damage means property damage to: . any premises that you rent, lease, or borrow from others; or . the contents of any premises that you rent from others if you rent such premises for a period of seven or fewer consecutive days. ~ .. 0 ii . '" " '" N ¡¡j ~ a 8 "' l- N a 0 " Medical expenses limit. This is the most we'll pay for all covered medical expenses that: . are Incwred for bodily Injury sustained by anyone person: and . result from anyone event. How the limits of coverage apply If . tolal limit is left blønk, 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. Exclusians - What This Agreement Won't Cay" Aircraft. We won't cover bodily injury, property damage, or medical expenses that result from the: . ownership, mainten~nce, 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, oper~ted, 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 covered contract that: -- ---_u-Nci:'293""'-P':Is/'3i-- ;IJh (~/3 0 1bøSrRlul . 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. Auto. 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 29 " B)"R; 6.200.1 3: 25PM 111oStfIIuI Nor will we apply this exclusion to: . bodily injury, property damage, or medical expenses that result from the operation of specialized eq~ipment; or . premises damage, Auto means any land motor vehicle, trailer, or semitrailer that's designed for trllvel on public streets or roads. We'll consider any mllchinery or equipment that's permanently attllched to an auto to be part of the auto. But we won't consider mobile eq~lpment to be an auto, LDading 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, trllnsported, and unloaded; and . until it's moved to the piece where it's finllily delivered, But we won't consider moving property by an unattached mechanical device to be loading Or unloading. Unattached mechanical device includes any forklift, conveyor, or other unattached mechanical device, other than a hand truck. Entrustment to others mellns: . the permitting of others to use or do something; or . the giving of something to others for safekeeping, ~ Supervision of others means: \ . the directing, managing, or supervising of ~ II worker, including his or her employment, \ hiring, evaluation, training, or work; or . the directing, monitoring, safekeeping, or supervising of any other person Or 'Y~ organi~lItion for any reason, "\?We explain the terms; . mobile equipment and specialized eqLlipment in the Mobile equipment exclusion; and . premises damage In the Each event limit section, 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 ¡¡greement. Contract liability. We won't cover injury or damage for which the protected person h~s assumed liability under any contrllct or egreement, But we won'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 exclLision to the liabilitY of another to pay dllmages for: . bodily Injury or property damege sustained by others if yoLi have assumed such lillbility 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 sLich liability under a covered contract made before the offense that causes such Injury is committed. Also, if you have agreed under the same covered contract to defend, or pay for the defense of, an Indemnitee against a claim or suit for such injury Or damage covered by this agreement, we'll defend the indemnitee agllinst 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 damllge; . that claim or suit is for Injury or damage for which you have assumed the liability of the indemnitea under the covered contract: . the injury or damage is covered by this agreement; . the claim or suit is made or brought against you and the indemnitee; . we are defending you against the c:lllim or suit under this agreement; . all of OUr indemnitee defense control and authority requiremants 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. PaD" 14 nf ::>9 ...¡::t_P..,,1 Fi.., .."n M...i".. I"""...""" 1"."- ~nn1 All RJ""... R.......v..'" . ':2 ¡;\f;'R; 6.200.1 "' 1:1 3:25PM , ,~ - ==- - ==- - - - Iiiiiiiiiiiiii .- ...- - . ==- Iiiiiiiiiiiii -- - - - ......,/ § " '-' . 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 heve 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. õ c ... § ~ '" c 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 requlremants. It also ends when we have used up the limits of coverage that apply with the payment of: . judgments; . settlem!'nts; or . medical expenses. '" . "' " II> '" 8 ., c; III 0 0 ~ '" 0 0 " 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 damage 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. '7fl6 Il /J ò We'll 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 agreemant; . the indemnitee anq 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 1I1oStRlui If we appeal such a judgment, we'll pay the following that result directly from that appeal: . All expenses we incur, I 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. I 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. 8ut we won't be the principal under any such bond, Nor do we have to furnish any appeal bond, I 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 coverage. However, the results of an appeal won't change the limits of coverage that apply under this agreement. Covered contract means: . any easement or license agreement; . any elevator maintenance agreement; I any lease of premises, other than that part which indemnifies a person or organization for property damage to a premises that you rent, lease, 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; I 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 I that part of any other contract or agreement under which you assume the tort liabilitY 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 ClSt,Paul Fire and Marine Insurance Co, 2001 All Rights Reserved Page 15 of 28 ¡¡1¡'R: 6.200.1 3: 26PM 1IIIfIRluI another to pay damag"s to be a cov"red contract: . Architect, engineer, or surveyor indemnity. 0 Architect, engin"er, Dr surveYOr professional services by protected person indemnity, 0 War indemnity. Tort liability means a liability that would be imposed by law without any contract or Ijgreement, Architect, engineer, or surveyor indemnity means that part which indemnifies any Ijrchitect, engIneer, or surveyor for injury or damage that results from: . the preparation or approval of, or failure to prepare or Ijpprove, any drljwing and specification, or any map, opinion, report. survey. change order, field order, Dr shOp drawing; or 0 the giving of or failure to give any direction Dr instruction if that giving or failur" to give is the primary cause of the injUry or damage, Architect, engIneer. or surveyor professional services by protected person indemnity meilns that part which indemnifies allY person or orgllnization for injury or damage that results from the performance of or fal lure to perform architect, engineer, or surveyor professional services by the protected persoll who Is an architect, engineer, or surveyor, Architect. engineer, or surveyor professional servIces includes: . the preparation or approval of any drllwing IInd specification. or any map. opinion, report, survey, change order, field order, Dr shop drawing; and 0 any IIrchitectural, engineering, inspection, or supervisory activity. War Indemnity means that part which indemnifies ",ny person or organization for bodily injury or property damage that results from war. Indemnitee meilns any persOn or organization that you have agreed under a covered contract to indemnify Dr hold harmless, ~ IS/3O NO. 293 P.19/31 Indemnitee defense control and authority requirements means the following requirements that must be fulfilled for us to conduct and control the defense of an indemnitee against a claim or suit under this agreement: 0 You and the indemnitee must ask uS to conduct and control the defense of that indemnitee against the claim or suit under this agreement, 0 We must determine that there's no conflict between your interests and those of the indemnitee, based on the allegations in the claim or suit and on what we know about the factual and legal basis for the damages being sought, . You and the indemnitee must each agree in writing that we can assign the same counsel to defend them, 0 The indemnitee must give us authority in writing to conduct and control its defense against the claim or suit, 0 The indemnitee must give us authority in writing to obtain records and other Information related to the claim or suit. 0 The indemnitee must agree in writing to comply with our ¡"dem"itee defense cooperation and notice requirements. Indemnitee defense cooperation and notice requirements mellns the following requirements that must be fulfilled for us to continue defending an indemnitee against a claim or suit under this agreement: 0 The Indemnitee must cooperate with us in the investigation, settlement, or defense of the claim or suit. . The indemniteE! must provide us with /I copy of any demand, notice. 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 /lpplles to the claim or suit and is avllilable to that. indemnitee, . The indemnitee must help us coordinate the application of other insurance 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. Peoe 16 of 28 .;;+-"~III 1=1... ..nrt U...lnÞ In.",.n~.. t"n ?nn, All "'~~" ......".... ,,' ! BI:'R: 6.2004 0 3: 26PM " '~' - ....... -== . IE Iiiiiiiii - = - - - = == - ¡¡¡¡¡¡ - 8 u u . attorney fees and necessary litigation expenses incurred by us to defend an Indemnitee against a claim or suit for damages covered by this agreement; and . necessary litigation expenses incurred by that indemnitee at our request In connection with that claim or suit. 8 ... § Indemnitee defel1$e expenses assumed under contract means the reasonable attorney fees and necessary litigation expenses that: . are Incurred by or for an Indemnitee to defend itself against a claim or suit for damages covered by this agreement; and . are subject to a covered contract under which you have agreed to defend, or pay for the defense of, that Indemnitee against the claim or suit. ... 8 :0: . ... ... "' ~ ~ '" j ... '" c c u 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 insurance in the Other Insurance section, Conlrol o! property. We won't cover property damage to the following property: 0 Property that you rent, lease, or borrow from others. own, or occupy. But we won't apply this exclusion 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¡o;clusion part to property damage to premises that are your completed work and were never occupied, rented, Or held for rental by you. 0 Personal property that's in the care. 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 damage results from your work. . That particular part of any property that must be restored. repaired, or replaced because your work was incorrectly performed on it, But we won't apply this excl¡¡sion part to propertY damage that results from yo¡¡r completed worl{, NO. 293 P.20/31 'lheStRlUI 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 yO¡¡ have assumed such liability ¡¡nder a sidetrack agreement made before the property damage happens: . PropertY that you rent or lease from others, own, or occupy. . Premises that you sell, give away, or abandon. We exDlain the terms: . 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 produtts 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 e¡o;ample: You manufacture x-ray milGhines 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 apply this eKcluslon part to s¡¡ch property damage if: 0 this agreement provides completed work liability coverage; and 0 your completed work that's damaged, or your completed work that causes the property damage, was done for you by others. For example: ß'3 I v/s (J You construct a computer room in a hospital as a general contractor. Some of the work is done by you while the rest is done for you by subcontractors. The computer room in the hospital is accepted by the owner. If it's damflged by a fire caused by electrical wiring installed by a subCDntractor, we won't apply the exclusion. However, if the wiring was 47150 Rev. 7-01 Printed in U,S,A, Insuring Agreement iIISt.Paul Fire and Marine Insurance Co, 2001 All Rights Reserved Page 17 of 28 " ,"I;"R. 6. 200.1 3: 26PM 1hISrRIul installed by you, we'll apply the exclusion to property damage to your completed work done ÚJI you. We explain the terms your products and your completed work in the Products and completed work total limit section, DeUber.ts'v breaking the law. We won't cover personal injury or advertising injury that results from: . the protected person knowingly' breaking any criminal law; Or . any person or organization breaking any criminal law with the consent or knowledge of the protected person, emplovBrs liability, 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 manufacturer, For example: You manufacture laser systems. Your employee Is injured while testing your product. That 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 pratect you, We'll .'so apply this exclusion to any obligation of the protected person to shllre damages with or repay someone else who must pay damages because of bodily Injury to any employee of the protected person. For exllmple: Your employee is injured In an injection molding machine accident. That employee NO. 293 P.21/31 receives workers compensi1t;on benefits. Later, the employee sues the manufacturer of the injection molding machine alleging that the injury happened because it didn't have enough guarding devIces on it. If the manufacturer in turn sues you, alleging that your faulty maintenance of the machine. not the lack of guarding dwkes, resulted in the employee's injury, we won't protect you. But we won't IIpply this exclusion to the liability of another to pay damages for bodily injury If you hllve assumed such liability under a covered contract made before the bodily injury happens. We expl!lin 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 personal 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 e¡o;ample: 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 empluyee later sues you for slander, we wont protect you. Nor will we cover persortal injury to the spouse or IIny child, parent, brother, or sister of that person 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 else who must pay damages for personal injury that results from any employmant-related 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 thBt person for specified services, ~ ;¿eJ/JO 47150 Rev. 7-01 Printed In U,S,A. PøCA ,A nf 7R ...0::.10...1 I';'A .n~ I\1IA';..." ,....",_h~.. ('... 0)"..., All C"-".. D_~__.._.. 3:27PM , :¡ ¡;1fR. 6.200.1 .. '" 8 "--,,' - --- - I!!i!!!!!!!!! - .. - ¡¡¡¡¡¡¡¡¡¡ - ... -. ..- - - - !ii:!ii!i!iiá! - - - - - iiiiiiiiiiiiiii ¡¡¡¡¡¡¡¡; - - - - ¡¡¡¡ - - u u Employment-related practices me~ns; . refusal to employ; . termination of employment; or . other employment-related act. omission. policy, or practice. such as coercion. libel or sl~nder. demotion, discipline. discrimination, evaluation, harassment. humiliation, reassignment. or violation of a person's right of privacy. " 0 l- S a ~ " 0 iIÍ We explain the terms employee and leased temporary worker in the Employees ~nd volunteer workers section. '" ~ ~ '" a ~ Expected or ¡ntBoded bodily I"Jury or property damage. We won't cover bodily injury or property damage that's expected or intended by the protected person, 0 8 OJ .... " 0 0 u 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. FalsB 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 th~t isn't physically damaged, that results from; . your products that are faulty Or dangerous; . your completed work that is f~ulty or dangerous; or . a del~y or failure in fulfilling the terms' of a contract or ~greement, But we won't ~pply this exclusion to the loss of use of property, other than your products or your completed work, that results from sudden and accidental physical damage to: . your products after they've been put to their intended use; or . your completed work ~fter it has been put to its intended use. NO.293 P.22/31 1heStIllUl For example: You supply an electric motor to a customer who uses it to power his conveyor. The motor's shaft breaks several days later while he's operating the conveyor. The conveyor isrit damaged. but your customer has extra costs because he's unable to use it until the motor is repaired. If he sues 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 is broken. we worit protect you. Impaired property means tangible property, other than your products or your completed work. that can be restored to use by nothing more th~n: . an adjus~ment, repair, replacement, or removal of your products, or your completed work. th~t forms eo part of such tangible property; or . your fulfilling the terms of a contract or ~greement. We expl~in the terms your products and your completed work In the Products and completed work total limit section. InteUectul1 property, We won't cover injury or damage or medical expenses that result from ~ny IIctu~1 or alleged infringement or violation of ~ny of the following rights or laws; . Copyright. . Patent. . Trade dress, . Trade name, . Trade secre~. . Trademark, . Other intellectual property rights or lews. Nor will we cover any other injury or dam~ge or medical expenses alleged in II claim or suit ~hat also alleges any such infrinfiement or violation. But we won't apply this exclusion to bodily injury or property damage th~t results from your products or your completed work, ~ ,:' ¡b <' 47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement OSt.Paul Fire and Marine Insurence Co, 2001 All Rights Reserved Page 19 of 28 ~I;'R. 6.200.1 3: 27PM ...8101 . Nor will We apply this exclusion to advertising injury that results from the unauthorized use of any: . copyrighted IIdvertising material; . trademarked slogan; or . trademarked title; of others in your advertising. We explain the terms your products end your completed work in the Products IInd completed work total limit section, Liquor liability, We won't cover bodily Injury, property dllmage, or medical expenses that result from IIny protected person: . causing or contributing to the Intoxication of any 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 sllle, 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 year's banquet an intoxicated guest is Involved in an auto accident. The guest and several others are injured, " someone sues you, alleging that your serving of liquor caused the guest's intoxication and involvement In the accident, we wont 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 prevlouslV made known or used. We won't cover personal injury or advertising Injury that rasults from: . any material that was first made known before this agreement begins: Or NO.293 P.23/31 )ÞY5 2 z/J Ô . 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 ¡my protected parson. or ~ny 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. as benefits under any workers compensation law, disabilitY benefits law, or similar law; . injured by your products or your completed work: . injured due to wllr; or . who refuses to be examined as often as we require, within reason, by doctors we choose, War includes: . declared or undecl8red 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: . )folunteer 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 d8mage. or medical expenses that result from the: . transportation of mobile equipment bV 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. Pan.. 20 af 21'1 "~t_PA,,1 I'I'A Mn ~n..'¡"A Inc"'.n~D rn 2nn 1 A" RI..~h lOeoe,ue" ..' m '"FR. 6.200.1 .. " § "-,,~ _. - -=- -- - - -= - Ii - iiiiiiiiiiiiiii ;;;;:;:II - - !!!!!!!!!!!!! iiiiiii - - - - - ....- -- - '~/ 3: 28PM " r.> . supervision of others In or for such transportation or Use, But we won't apply this exclusion to premises damage. 8 .. § Mobile equipment means any land vehicle th1!lt: . Is designed for use primarily off public streets or roads; . is kept far 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 under its own power and is kept primarily for the ready movement of permanently attached specialized equipment, '" "' 0 :0: . ;;; '" ~ ~ ., õ 8 '" .. " 0 0 " Mobile eqUipment includes a.,ny land vehicle that: . Isn't described above; and . is kept primllrily for purposes other than carrying people or cargo, But we won't consider such a vehicle to be mobile equipment if it travels under its own power, is operated like an auto during travel on a public street or road, and has permanently attllched: . 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 lift workers; . pump, generator, Or lIir compressor; or . other equipment, such as building cleaning, geophysical exploration, lighting, spraying, welding, or well-servicing equipment, that h1!ls a built-in pump, generator, or air compressor. NO.293 P.24/31 1hI81bu1 Racing mobile equipment means any mobile equipment while being prepared for or used in any: . prearranged racing, speed. demolition. or stunting contest or activity; or . practice for such contest or activity, We explain the terms: . auto, and supervision of others, in the Auto exclusion; and . premises damage in the Each 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 anergy 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 hazardous properties of nuclear material and for which: . any person or organization Is required by law to maintain financial protection in accordance with the federal Atomic Energy Act or any of its amendments; or . any protected parson is entitled, or would have been entitled had this agreement not been issued, to Indemnity from the United St1!ltes government, or any of its agencies, under any contract or agreement between the government, or any of its 1!Igencies, and any person or organization. Also, We won't cover medical expenses that result from: . the hazardous properties of nuclear material; or . the operation of a nuclear facility by any person or organization. In addition, we won't cover bodily injury or property damage that results from the hazardous properties of nuclellr material when: . the nuclear material Is located at. or at any time discharges or disperses from, a nuclear facility that is or was at IIny time owned by any protected person, or operated by or for any protected person; ~ rjl3c 47150 Rev. 7-01 Printed in U.S,A. Insuring Agreement .St.Paul Fire and Marine Insurance Co. 2001 All Rights Reserved Page 21 of 28 ,"¡OR. 6.2004 3: 28PM ""'111111 . 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 IIny protected person; or . the bodily injury or property damage results from the furnishing by any protected person of services, mllterillls, 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 nuclear energy liability Insurance policy issued by any of the following organizations or their successors: . Nuclellr Energy Lillbllity 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 nuc:lear 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 critical mass of fissionable material. UranIum isotopes separation device or equipment means any device or equipment designed or used for: . separating the isotopes of ur~nium or plutonium; . processing or utili~ing spent nuclear fuel; or . handling, processing, or packaging nuclear waste, Special nuclear material device or equipment means any device or equipment used for the processing. fabricating, or alloying of special nuclear mllterlal If the total amount of such material is at IIny 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 uranium 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 prepllred or used for the storage or disposal of nuclear waste. Nuclear waste mellns any waste material that: . contains by-product material; and . rasults from the operation of any nuclear reactor, or uranium isotopes separation device or equipment, by any person or organi2ation, But we won't consider nuclellr waste to include tailings or wastes that result from the extraction Or concentration of uranium or thorium from IIny ore processed primarily for its source material content, Spent I1rJClear fuel means any solid or liquid fuel element or component that's been exposed to radiation or used In a nuclear reactor, 7"-9-52 f13¿ 47150 Rev. 7-01 Printed in U.S.A. P~nD ?? ,,1 ?R ..<::+ P~"I 1';.0 ~nrl ~hr;".. I"e'..~"~.. f"'" ?nn, All Rink.. ,...u."..... ..' m ~fR. 6.2004 '" 0 ~, '--"' - - - - - - ... - ..- - - - - - - .. - - -- - .... ¡¡¡¡¡ ,---/ 3:28PM 8 0 0 Pollution injury or damBge. We won't cover injury or damage Or medical expenses thet result from pollution at, on, in, or from any: . protected person's premises; . waste site; or . protected person's work site. 0 0 .... § Nor will we cover injury or damage or medical expenses that result from pollution involving any Waste pollutant, H 8 But We won't apply 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, Nor will we apply this exclusion to: . bodily injury or property damage that results from your products Or your completed work, other than waste products or completed work; or . premises damage that results from fire. IE * '" II) II' ~ 0> 0 " 0 '" 0 0 ... 0- N 0 0 0 * Pollution means any actual, alleged, or threatened discharge, dispersal, escape, migration, release. or seepage of any po lIutant. 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, Protected 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 uffice 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 O-Á..()/JO - ../. NO. 293 /'76 ¿'.J/:fV P.26/31 'IbeSI1IIuI from the release of that asbestos, We wOOt 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 by 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 location that isn't owned, rented, leased, borrowed, or occupied by yoU to be a protected person's premises In connection with pollution that results from YOur work being performed there. For example: You are hired by the OWMr 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 wortt consider that premises to be a protected person's premises for purposes of determining your coverage. or the premises owner's 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, storege, 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 8g0. 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 oSt,Paul Fire end Marine Insurence Co. 2001 All Rights Reserved Page 23 of 28 i¡lfR. 6.2004 3: 29PM 1IIoStRiul . 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¡¡tion equipment. Alter a couple of days it is discovered that the tank has been leaking. Some of the escaped fuel is found to have seeped into an underground conduit and damaged the Insul¡¡tion on the fiber optic cables in the conduit. We wont cover such property damage. Waste fXJllutant means any pollutant that Is or was at any time transportad, 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 /ro¡ your business Is transported to a landfill /ro¡ a trucker hIred by you. There Is an accident that causes the waste to be spilled onto the road, One of the firefighters who responds to the accident later alleges that fumes from the waste made her ill. We wont caver such Injury. Building he¡¡ting 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 mederials 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 ß ZL,!3Ì) . are within that building. Hostile fire heed. fumes. or smoke meljns 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 equipment 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 Dr completed work means: . your products. or your çompleted work, that is Or W/ilS 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. P~"D ,"" ~f 'R """. þ~,,1 0:"0 ~n'" 1UI~.:no In.",.n...o ,,^ ?nn1 All gõnh+o "ODD'UD" .' g; ,"¡SR. 6.200.1 "' " 0 " " .~ ,-j - = = - - - - - - - - IIIIIIIIii - IiiIiiiiiiii - - - - - - - - - - - - -= ,--,' 3: 29PM u u testing for, transporting, or tre~ting 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 Each event limit section; and . your products, your work, and your completed work in the Products and completed work total limit section. I- g " ~ '" 0 :ii . "' "' '" " Pallutian work loss. cost, or expense. We won't cover any loss, cost, or expl;!nse that results from: . any request, demand, order, or statutory or regUlatory requirement that any protected person or others perform pollution work; Or . any claim or suit by or for ~ny governmental authority for damages that result from the performance of pollution work. OJ " '" õ OJ " " ~ N " 0 " But we won't apply this exclusion to any damages for property damage for which the protected person would have I iability without such: . request, demand. order, or statutory or regulatory requirement; or . claim or suit. For example: One of your products is a container that "!ay. 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 chemiGaI spills onto a concrete floor, Some of the spilled 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 t'!e concrete floor to disintegrate. making them unusable, As a result, he demands that you pay the cost to replace NO.293 P.28/31 'It1eStlllul those parts of the floor and proparly dispose of any contaminated concrete, Also, the customer Is concerned that the spilled chemical that seeped into the ground may be considered a source of 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 of any contamInated soil. 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 isrtt subject to this exclusIon. However, we wortt 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 af them demand t/lat 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 won't 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. '~ 2>/];) 47150 Rev, 7-01 Printed in U.S,A. Insuring Agreement IIISt,Paul Fire and Maril'1e Insurance Co, 2001 All Rights Reserved Page 25 of 28 ." . ¡¡¡fRo 6.2004 3: 30PM lII""'ul 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 total limit section, Product recall, We won't cover any loss, cost, or expense that is Incurred by you or others and results from any recall, removal, or withdrawal of: . impairad 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 explain 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 expenses that result from the conduct of any current or past partnership, joint venture, or limited liability company that isn't shown in the Introduction as a named insured, But we won't apply this exclusion to the extent such organization otherwise qualifies as a 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, 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 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 covered contract 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 that you rent or lease from others, or OWn; . watercraft you don't own that is less than 75 feet long and isn't being used to c~rry persons or property for a charge; or . the operation of specialized equipment, 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 Mobila equipment exclusion, Workers compensation and ather benefits laws. We won't cover any obligation that the protected person has under any: . workers compensation law; . disability benefits law; . unemployment compensation law; or . similar law, ';Þ--e I )A"'3 ;,) 47150 Rev. 7-01 Printed in U.S.A. P...... ?'" ...f ?A ..""....,,( I';'D .,," M..;"D I"~"'."~D r,., ?nn1 .ð.11 R;...ht~ Ru..rv..o1 ..':¡¡ . ~R. 6.200.1 '" '" '" 0 0 '....... \.-, - - - - I -- -- - - - - . iii - . '----' 3:30PM " " Wrong prjcu description. We won't cover advertising injury that results from tns wrong description of the price of your products, your work, Dr 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, .... 0 0 0 .... '" 0 Olher Insurlnce :óõ . ... "' "' ~ In 0 '" This agreement is primllry insurllnce, If there is any vIII id IInd collectible other insur~nce for injury or d~mllge covered by this agreement, the following IIpplies in connection with that other insurance: 0 8 UJ ,.. '" 0 0 " Other Insurance mellns insurllnce, or the funding of losses, thllt's provided by or through: . another insurance company; . us. 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 . IIny similar risk transfer or risk managemer1l method. However. we won't consider umbrella insurance, or excess insurllnce, that you bought specifically to IIpply in excess of the limits of cover~ge that apply under this agreement to be othar insurance. Primary or excess other insurlllce. When there is primary other insurllnce, we'll share with that other insurance IIhY damages for injury or damage coVered by this agreement. We'll do so with one of the methods of sharing described in the Methods of sharing section. However, we'll IIpply this agreement as excess insurance over the part or parts of any primary or excess other insurance th~t provide: . property or similar coverage for property damage to your work; . property or similar coverage for property damage to premises that you rent, lease, or borrow from others, other than NO. 293 P.30/31 ~ 2<1/Jo 1118SrRlul premises you rent for a period of seven or fewer consecutive dllYs; . 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'll apply this agreement as excess insurance in the When this agreement is excess insurance saction. Aircraft, auto, or watercraft bodily Injury or property damage coverage l11eans coveraga for bodily injury or property dllmage that: . results from the maintenance, use, operation, or loading or unloading of any aircrllft, 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 limit section. When tI1is agreement is excess insurance. When this agreement is excess insurance, we won't have a duty to defend the protected person against the pllrt 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 lIVe'll raquire 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: . tha total amount that all such other insurance would PIlY if this agreement didn't exist; and . the total of 1111 daductible and self-insured amounts under all such other insUranca. But we won't pay more than the limits of coverage that IIpply undar this agreement, Methods of sharing, We'll use one of the methods of sharing described balow. 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 IIISt.Paul Fire IInd Marine Insurahca Co, 2001 All Rights Reserved Page 27 of 28 .; ,,' ~R. 6.200.1 3: 30PM 1heStRnd shares, we'll share 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 amount of the damages is paid in full. For example: You are required I:rt a court to pay damages of $1,000,000. Besides this, agreement, two other policies apply to the judgment. The limit under this agreement is $500,000, Policy B has a $100,000 limit and Policy C's limit is $300,000. First, $100,000 Is subtracted from each policys limit because that is the 1000est limit provided I:rt any of the three policies, The result is Policy Ss limit is used up, the balance due on the jud{Jment 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 subtracted 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 hEls $200.000 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 8, and $300,000 Polfcy C, ContributIon by limits, If any of the other Insurance doesn't permit contribution by equal shares, we'll pay 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 $100,000 limit. The total limit of all insurance Is $400.000. Our limit is 75% ($300,000/$400,000) of the total limit. But we worlt 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. ~}L'hD 47150 Rev. 7-01 Printed In U,S,A. "ð~6 .,Q ~. "Q ",¡::+ P""I J'ir.. An'" M".in.. In"u.ancIO C". 2001 All Rights Reserved ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE lMM/DD/VY) 3114105 PRODUCER r~-244-1343 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA liON 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 INSURt-R 8: Louisville KY 40223-3842 INSURt::R c: INSURl:R 0: I INSURl:R 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. I~;: TYPE Of INSURANCE POLICY NUMBER ~L,!~Y EfFECTIVE POLICY EXPIRATION LIMITS A ~ERAL LIABILITY TE00801309 3/15/05 3/15/06 EACH OCCURRENCE $ 1000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) , 1000000 I CLAIMS MADE W OCCUR MED EXP (Ar..., one person) , 10000 - PERSONAL & ADV INJURY $ 1000000 -----' GENERAL AGGREGATE , 2000000 ~'L AGGREr9 LIMIT APn ~ER: PRODUCTS CaMP/Or AGG $ 2000000 POLICY ~~9T LOC A ~OMDBILE LIABILITY TE00801309 3/15/05 3/15106 COMBINED SINGLE LIMIT (Eaaccident) $ 1 000000 - ANY AUTO - All.. OWNCD AUTOS APPROVED A , TO f'ORJ\ BODILY INJURY $ SCHEDULED AUTOS ,*~I (Per perSon) - --"- HIRED AUTOS '~ BODilY INJURY , ,,-- . I- (per accident) , ~ NON OWNED AUTOS /Laura Slit Shoed c-- PROPERTY DAMAGE $ Assistant Cil Att rn~\' jPeraC:Cldent) RAGE LIABILITY AUTO ONl Y . loA ACCIDENT $ ANY AUTO OTHER THAN ~A ACC $ AUTO ONLY AGG $ A EXCESS LIABILITY TE00801309 3/15/05 3/15/06 EACH OCCURRENCE $ 10000000 ~'OCCUR D CLAIMS MADE AGGREGATE $ 10000000 $ 8 ~EDUCT'BLE $ X RETENTION $ 10000 , A WORKERS COMPENSATION AND WVA0803235 3/15/05 3/15/06 X I T~~ySI~NS I I Ol~ EMPLOYERS' LIABILITY EL EACH ACCIDENT , 500000 E.l. DISEASE- EA EMPLOYEE $ 500000 E.l. DISEASE - POLICY LIMIT $ 500000 A OTHER TE00801309 3/15/05 3/15/06 TECHNOLOGY ERRORS $2.000.000 EACH OCCURRENCE & OMISSIONS $2 000 000 AGGREGA TE DESCRIPTION OF OPERATIONS/LOCATIONSIVEHIClESIEXCLUSIONS 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/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 ~ATIVES' , AUTH ~W f ~J.A..er- ACORD 25-S (7/97) 5- 59 @ ACORD CORPORATION 1988 , 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