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Home My WebLink AboutIMAGEWARE 1E -2005 . \ INSURANCE UN FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES "1 ~ 10 -05 CLERK OF COUNCIL DATE:d-4-o5 A-2005-038 c~ pt, Pi 5UlL. FOURTH AMENDMENT TO RENEWAL SOFTWARE AND HARDWARE MAINTENANCE AGREEMENT THIS THIRD AMENDMENT TO RENEWAL SOFTWARE AND HARDW~ M~TENfNCE AGREEMENT "Fourth Amendment," made and entered into this ~ day of .cbrVt4 2005, by and between Imageware Systems, Inc. ("IWS") and the City of Santa Ana, a charter c ty and municipal corporation organized and existing under the Constitution and the Laws of the State of Cali fomi a ("CITY"). WITNESSETH Recitals: A. CITY AND IWS entered into an agreement dated February 1, 2001 by which IWS agreed to provide an automated mug/photo system (said Agreement). B. The First Amendment to said Agreement, No. 2002-02, modified the cost of maintenance. C. The Second Amendment to said Agreement, No. A- 2002-223, modified the cost of maintenance. D. The Third Amendment to said Agreement, No. A- 2004-076, modified the cost of maintenance. E. The Parties now desire to amend said Agreement to add an additional $22,000 to the compensation in order to provide continued uninterrupted service under said Agreement. WHEREFORE, in consideration of their mutual and respective promises, and subject to the terms and conditions of the Agreement as hereby amended, the parties hereby agree as follows: I. Exhibit A of said Agreement shall be replaced with Exhibit A attached to this Fourth Amendment. 2. Section 2 of said Agreement pertaining to "Compensation", is hereby amended to increase the compensation as total payment for its services, in an additional amount not to exceed $22,000 is added to the total amount of compensation to cover the cost of the maintenance as reflected in Exhibit A. 3. Except as hereinabove modified, the terms and conditions of the Agreement and the Amendments remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment the date and year first above written. (SIGNATURES CONTINUED) ~ '" ATTEST: CITY OF SANTA ANA .. / ~~,<~/~i)2,~- DAVIDN.REAM City Manager ~. . ~~~L;>>) PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney i_Ii- By: i ...._)._'--,:' ..A-tC,;JI0 ~, Michael Vigliotta Deputy City Attorney , RECOMMENDED FOR APPROVAL: CONSULTANT IWS ~u-\ Cl~ Paul Walters Chief of Police ( E) (TITLE) 0 e 3. '3 - o~ L.( Ie, "1- Employer ID # or Individual SS # iA -e-t: 0~ ~ SANTA ANA PO MAINTENANCE SCHEDULE FEB. 1, 2005 . JAN. 31, 2006 ITEM OESCRIPTION aTY IWSSQ# CUST PQ# INSTALL MAINTENANCE MONTHS DATE START DATE MAINTENANCE - - - xSenes 235 Xeon Dual Processor 1.SGHz 256MB Ram 1 506739 A-2002-223 Mar-Q3 Mar'()3 12 20140 GB TAPE DRIVE 1 506739 A-2002.223 Mar-03 Mar-Q3 12 SERVER RAID 4MX 2 CHANNEL 1 506739 A-2002-223 Mar-D3 Mar-Q3 12 73.4GB HARD DISK DRIVES 4 506739 A-2002.223 Mar-03 Mar-03 12 APe UPS 700 1 506739 A.2002.223 Mar-Q3 Mar-03 12 SCSI CABLE TO INTERNAL RAID 1 506739 A-2002-223 Mar..o3 Mar..o3 12 15" 13.8"VIEWABlE MONITOR-STEAlTH BLACK 1 IBM PC 300Pl 6862 4x4 2 PC 3QOPl Pentium 1I4OOMHz MMXl512KB,64MB,6.4GB,4MB,32X, 16bit 1 501396 A-1999-095 12 Sid IBM 6.4GB EIDE Hard Drive Sid 10(100 PCI Ethernet WOl Sid 16-bitlSA C sial Audio I "'led Sid 4OQJ100MHz MMX Pentium II ProcesSOf with 512KB Pi lineS Sid 4MBlnt rated SGRAM Video Mem S'd 64MB 6Qns NP SCRAM DIMM Sid CD-ROM Drive Internal 32X Max ariableS Sid IBM 1.44MB 3.5-inch Diskette Drive S'd IBM 104-ke Rubber Dome Ke board S'd Int rated IDE Controller S'd 53 Trio30 AGP Gra hies I a''''' G74-17 15,9 in. Color Monitor 69 KHz Stealth Gra 1 501396 A.1999-095 12 Hitachi HVC-11 Preventative Maintenance Onl ) PM SuP rtOnt 501396 A-1999-095 12 F 'ioon 016 x7.3B-Y41 lens 1 501396 A-1999-095 12 3 intU hli ..!em 1 501396 A-1~5 12 Pan and Tilt Camera mount 1 501396 A-1~5 12 Reflective Pedestal 1 S01396 A-1999-095 12 Cable bundle 1 S01396 A.1999-095 12 Powe<S 1 S01396 A-1999-095 12 NIST com liance ca ture software 1 501396 A-1999-095 12 ~ 1 S01396 A-1999-095 12 aplure re 1 501396 A-1999-095 12 IBM PC 300Pl6B62 (4x4) 2 PC 300Pl Penlium 11400MHz MMXJ512KB,64MB,6.4GB,4MB,32X,16bi1 1 501396 A-1999-095 12 (Sid) IBM 6.4GB EIDE Hard Drive (Std) 101100 PCI Elhemet WOl (SId) 16-bit lSA Crystal Audio Integraled (Sid) 4OOI100MHz MMX Pentium II Processor with 512KB Pipeline B , (Sid) 4MB Inlegraled SGRAM Video Memory (Sid) 64MB 6Qns NP SDRAM DIMM (Std) CO-ROM Drive lntemal 32X Max (Variable Speed) (Sid) IBM 1 ,44MB 3.5-inch Diskette Drive (Sid) IBM 104-key Rubber Dome Keyboard (Std) Integrated IDE Controller (Std) 53 Tri03D AGP Graphics Integrated G74 -17 15.9 in. Color Monitor, 69 KH StealthGra 1 501396 A-1999-095 12 Hitachi HV-C20 Camera NIST standards 3 chi PM Su 001 S01396 A-1999-095 12 F 'inon D16x7.3B.Y41 lens 1 501396 A-1999-095 12 3 intU hti s stem 1 S01396 A-1999-095 12 Pan and Tilt Camera mount 1 501396 A-1999-095 12 Reflective Pedestal 1 501396 A-1999-095 12 Cable bundle 1 501396 A-1999-095 12 Power Sup I 1 501396 A-1999-095 12 Ca ture Card MVPro 1 501396 A-1999-095 12 Ca ureSoftware 1 501396 A-1999-095 12 comp I8l"lC8 capture '" 1 501396 A-1999-095 IBM PC 300Pl6862 (4x4) 2 PC 300Pl Pentium II 400MHz MMXJ512KB,64MB,6.4GB,4MB,32X, 16bit 1 501396 A.1999-095 12 (Std) IBM 6.4G8 EIDE Hard Drive (Sid) 101100 PCI Ethernet WOl (Sid) 16-bit ISA Crystal Audio Integrated (Sid) 4OOI100MHz MMX Pentium II Processor with 512KB Pipeline B (Sid) 4MB Integrated SGRAM Video Memory (Sid) 64MB 60ns NP SORAM DIMM (Std) CO-ROM Drive Internal 32X Max (Variable Speed) (Std) IBM 1.44MB 3.5-inch Diskette Drive (Std) IBM 104-key Rubber Dome Keyboard (Std) Integrated IDE Controller (Sid) 53 Tri030 AGP Graphics Integrated 74-1719 ;0 0' 9KH . Ih , 1 A-1 nvestlgative '" .... 501396 A-1999-095 ~ lnvesti ativelMu book S01396 A-199S-Q95 Crime Web Server 1 501901 A2()()().204 12 , Crime Web Wirele~s (5 Concurrent Users) 5 S01901 A2()()()'204 12__~ . I. SANTA ANA PO MAINTENANCE SCHEDULE FEB. 1, 2005 ~ JAN. 31, 2006 Crime Web FFS (5 Concurrent Users) 801901 A200Cl-204 12 TOTAL MAINTENANCE 2005 SOFTWARE MAINTENANCE $974886 HARDWARE MAINTENANCE $629972 OTHER MAINTENANCE $000 TAX $000 lOT AL fvrAINH:NANCE 2005 $1604858 ...,_,._ __.. .__-..---A-..-------- ,. ~L ' , _____.__ _eGu.!f_~~li~~COY-Q0 k- "'ULl.'Kp.A~ AC.... CERTIFICATE OF INSURANCE PRA260~0 No 99513 07/20/04 ....ue.. -Tills iiRrific;.n-iS'lauEll ,,:i'-" M"TTElt <<iF "IIFOfIMATtoN:' ofit., AND ' "larney Ii< B..rn..v. LLC-CI'. LicOI:039s(>co_allO RIGHTS UPON THI! "'1UW'lCATl! HOLDE". m. CEIITIFICo\" s<Jrney & Rarney, Inc-CA LiCOC:2<ll1o[=';~~ND. EXTEND OR~~ THE COVEAo\lm MFO~_.'1 THE 1 P.o. Bo" 85638 I San Diego. CA 92l66-5638 COMPANIESAFFORDINGCOVEAAGE I I (\lSD) 457-:'414 ATLANTIC - 1\TLANTIC SPECIALTY INS. . M..C#: 3M6 ~;:nA CO. I. ..... ~'II CA.RPENTER MOORE' - LLO'iIlS OF' LONDON l~h~ IMAO~~ARB SYSTEMS, INC.. lET I AL, SF-I! Jl.TT1\CHEDJ .A- ;;;..tJOJ/-1J7/P ~- atlOI- ~S .4 ~ ~ODiL- (10;4 108iU 1'HORNMINT ROAD ,*.MD_-:i/.~ ~ tl S~ DIEGO CA 92127 =rTC NO COVF:RAGE ON THIS DOCUMIlNT NO COVERAGE ON THI S DOCUMlmT ~T'E NO COVERAGE. ON THIS DOCUMENT co_ THIS 1$ TO attTIF" TIotAT T)4E POUCIES Of INmJAAHCI!!: BELOW HAVE BEEN ISSUED TO TMlo "SlJRED ~m AROV(I= "~OR nE POLey P!ROO tNDCAlEO I'fO"'J'WITI'ISTAHDlNG IW'I REQUIREMENT. TE~ ()A. CONOITlON OF ANy CONTRACT OR OTHER oocu..r;N"1 WI'" RESPECT TO MaCH T)1I:'5 CtH'll1"'ICATf ttMy Sf JlsueD OR ~A'" PkKIAlN. TloIe 1lIIStJR:A.HCE AFJ"C)tIm!D 8V' TME' PO I;:JI:1ji .Drnr:R1lro tt!Mttt 18 6UIJECT TO AU. TttE- TEftU6; aa.USION' AN&) C~OITIONt OF iSl..IC\.l POUCtES_ UMIT~ ~.?'NN M!,!, ~~ D~N iR:fCUCfD BV MD C~. ---' I co ...,...-DrIllllUMNCZ" -...- ~ICT."'~ .-oue'l"~ftDJI DATr(WlrNOOlV'l') Ql.ft ~ ...... .1Wf(lMOM&"~ COtrlIl!IN[OSII<<Lt L". '-1,000.00 ~....... UMIU1Y X ':~MtRQAL lZNf~ ~T'Y A .. :Cl.AIM"J.MAtIt- X. 0CCUfIl, n\oWIIalf-S6-C('lf'lr*l~'''''.F.FJIOT 111-00.52-52-0000 01/10/04 ,,"tlW. """",.... . * 2 . 0 0 0 . 00 flllOPUC''''()I)WM)PAGG.. ~ *2,000,00 01/10/05.'..'''.....'''''........ . EXCLtlD.ED EACtHIO."-VIC": I. "'-1,000 t 00 F~l:>>.trUr4l.......Ul'I''''' I "';1,,000,00 . .._..._.__ Ml!o.PH'NU~e.-aIll' .....10.00 -""'" . AlL UWNaI ~,rrl'llio ; ICI4[C4Jl[D IoIJTUlio .A-..X~I. Hlfl,aAlJl"OS . . X iNON-Oll"lHlPMI1-oS . GIAI6[UMlIUn' ......y"""'"" ~,.-\ 711-00-S2-52-0000 07/10/'04 07/10/'05.0/,,,:"- ....,a.ftI'...1I\U . .....**"'/1..... 'Ir'" , **.*'*....,....0 pFlOl'CATY~f s ............. .*2,0'0'0,'00 . .~,OOO.OO :~~ ~.... ll< ,~.' .......""01'" one lH.W U~UA FORM u,c14 OCCUNI[NC'L 711-00-~,2-S2-0000 07{10/04 07/10/0S~~n .....M... COMP'f....,tOtt ANO t:MPLOY"~' LIA.UTY .~TLlll(ltWlllr.l1!. fo:.te.oIACOQlllIIT ".......... 0I5~t:.POUCY\J\IIl .. .."............ ~,PA!I!_!II.r:w"""OV~F. So ............ $i~oo-li..;ooo - LIMIT; D7/1D}04 07/10/05 $50,000 SlR 0'_ PROFE'SSIONAL. B LIADILITY ERRORS SF402040X & OMMIS:iONS . -. ------.---..--.... 1CIUt~~I,..UCMIQHa./VDhCLU.J...ClM..mM* .' -",'--'-'--- ----_._.__.__.._~~ i .-.-..--.-J RE: INSTALLATION AND MAINTENANCE OF .CRIM~S' HARDWARE & SOFT~ARE I ja~fEHOLOiIt------ ,----,-... .... I gftOt.lL{t ..."y. Of THE ABOVE aE5CRI8ED POLICffS 'lit- CA Ncr:L.L.f{) effOAE- TtfE EXPIRATION OATf 1"HEN:Or. TKE ISSUINQ CIJMPAtri' Will EiNDEAV(m TO CIP1''t OF SJ\.NTA ~A. IT.S OFF1CERS'4 ""....L....1Q... QAYS_WArnE.N NO"IC~ TO THf. CER.TI',CAU. HUlut:/t N/lMf.D 10 '-HIE EMPI.oYEES, AGENTS 1\ND l..[J'T. Qur Fo\It.U"C TO MAll. SUCH NOTICE SHAlL I'"'POSE NO OBLIGATION OR : VOL,t1NTE!:R~ LlAOILlTY OF ANY KINO U~ THE COMPANY. ITS ""iNn OJ4 ~1i"~E!lt:IlnA,'t"'es, i 20 CIV1C C8NTER PLAZA -.-.---.- I SANTA ANA Cl\ 92701 .UTH""'......~'5~R~ ,--- ----- lM1~..~~._..~,.__._._........h... ._"'____, '''_. " .., ,_ ~COlill'OllA1tC>>t",1 THE! CE!IITIFlCA.TE HOLDER IS NAMED As ADDITIONAL ~uAEDPEii THEATrACHED END'ORSEMEriT.-'-' n__" .CA~fti'"iriDN.''''-'-' ...._. .-. .--..-.--. - '()j. I 'I;GfV~1 v ( 10-tJ7-20Q3 10: 18 AM --. . . Imageware Systems, Inc. Named Insured ImageWare Systems, Inc. ImageWare Software. Inc. (Inactive) Imaging Technology Corporation (Inactive) Xlmage ImageWare Systems ID Group, Inc. Castleworks, LLC (Inactive) E-Focus West, LLC ImageWare Digital Photography Systems, LLC IW Systems Canada Company G&A Imaging, Inc. (shell company only) Digital Imaging International GmbH (Germany) Digital Imaging Asia Pacific PTE Ltd. (Singapore) ~~ z/S- 10-07-20e3 10:18 AM . -. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAP IT CAREFULLY, ADDITIONAL INSUREDS BY CONTRACT, AGREEMENT OR PERMIT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The WHO IS AN INSURED sBctiDn is amended to Include as an insured any person or orgBnlzation wllh whom you agreed In a writtBn contract, written agreement or permlltD provide insurance such as Is afforded under this Coverage Pari, but only with respeclto your operations. "your work" or facllttles owned or used by you. This provlsion doas not apply: 1. Unless the wrlttBn contract, agreement or permll has an effective date and has been issued prior to the "bodily Injury", "properly damBge", 'personal and advertising injury" or "personal Injury" or "edver1lsing Injury" (whichever definitions are used in your poticy); 2. To any person or organization included as an insured under the Additianal Insured - Broad Form Vendars provision of this endorsement; 3. To any person or organization included as Bn Insured by an endorsementls$ued by us and made part of this CoverBge Part; 4. To any lessor of Bquipmenl; .. After the equipment laesa axplres: or b. If the "bodily Injury", "property damage", "pelSOnal and advertising Injury" or "personal injury" or "advarlislng Injury" (whichever definitions ara uSBd in your policy), IlrisBS out ollhB SOIB nagllgence of the lessor; 5. To any person or organization II the "bodily Injury", "property dBmage", "personal and advertising Injury" or .pBrsonallnjury" or "Bdvertising Injury" (wI1ichevBr definitions BrB us~d in your policy), arises out of the rendering of or failure to render prolesslonal.eNion by orfor you; II. To any: a. Owners or other Interests from wllom land has been IBased; or b. Managers or IBssors of premises It. (1) ThB .0ccurrencB. takes place Bfler you cease to bB a tenant In that premises; or (2) The .bodily injury", 'property damage", "personal and advertising injury" or "per50nal injury" or "adVertising Injury" (Whichever definitions are used In your pOlicy). arises out of structurAl alleratiDns, new construction or demolition opellltions peilormed by Dr on behalf of the OwnB~ or other interestB from whom land has been leased. . , ".".,"', ~cy 5,6~ VCC2111.11 IncIudII copyrtg/"lted m.lertal cr I~ Sel'V\e.. Ofnc., Inc. e, A_ Muluolinouranc:e Com_y.,_ P-oetd1 . . 10-07-2003 10:18 AM ~ ( ~ ~ .~., _W ." .\ " The Umits of Insurance of this Coverage Part apply soparBtely to each consecutive annual period and to any re- maining period of less than 12 months, &lartlng with the tx>ginnlng of the policy period shown in the Declalations, unl_ the policy period Is e)dendad after issuance for an additional period of less than 12 months. In that case, the addi- tional period \WI be deemed part of the last preceding period for purpcses of determining the limits of Insurance. SECTION IV - COMMERCIAL GENERAL UABIUTY CONDITIONS 1. Ban kruptcy Bankruptcy or Insolvency of the Insured or of tlte insured's estate will not ralleve us of our obligations under tltis Coveraga Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must SeB 10 it that we Bre notified as soon lis practicablB of an 'occurrence' or an oHense which may result in a clelm. To the extent possible, notice should include: (1) How, when and wherelhe "occurrenCil' or offense took place; 121 ThB names end addressea of Bny injured persons Bod witnesses; Bnd (3) The nalure and location of Bny Injury or damage erising out ofth. "occurrence" or offense. b. If a claim Is made or 'suit" la brought againat eny Insured, you must: (1) Immediately record the specifics of the claim or 'suit. Bod the datB received; and (2) Notify us BS soon as praclicablll. You must see to K thai we receive writtBn notice of thB claim or 'suit" as soon as practicable. c. You end any other Invollled insured must: (1) Immediately send us copies of any demands, notices, summonSll8 or legal papers received in con- nection with the claim or "wit'; (2) AuthoriZe us 10 obtain records and othar Information; (3) Cooperate with us in Ihe investigetion or settlement of the claim or defense against the "suit": and (~) Assist us, upon our request. in Ihe enforcement of Bny right against any pBrsOn or organIZation which may be liablB 10 the insured because of Injury or damage to which this Insurence may also apply. d. No Insured Will, except et that insured's own cost, voluntarily make a peyment, assume any obligation, or Incur any.xpense, otherlhan for firsI ail, v.1lhout ourconSBnt. 3. Legal Acllon AgaInst Us No pelllon or organization has a right undBrthls CovBraga Part: e. To Join us BS II party or otherwise bMng us into a "suit" Bsking for damages from an insured; or b. To aUB us on thle Coverage Pert unless BII of its terms have bean tully complied with. A parson or organization may sua us to recover on an agreed settlement or on a final judgment against an in- surlld oblalned elter an Belual tMBI; but WB will not be liable for demages thBI are nol payable under the terms of this Coveraga Part or that are in excess ollhe applicable Umlt oflll\lurBnce. An agreed selllement means" settle- ment end releBSe of liatiIiIy signed by us, tha Insured and the claimant OIl11e c1aimenfs legal rBpre&entative. 4. Othar Insurance ;, II other vafld and collectiblB Insurance I:s available to thalnsured for a loss we cover under Coverages A or B of 'Ihis C ur obligations ere Umlled as lollows; . ; a. Primal)' Insurance IS nsurance Is primary except whBn b. below epplies, If this Insurance is primary, our obligations are not affBeled unless any of the other Insurance is also pMmary. Then, we will share with all that other Insurance by Ihe method descrlbed in c. below. b. Excess Insurance This insurance is excess over: 10~07-2()03 10:18 AM . . . lei Thet is Insurance purchased by you to cover your liability as a tenant for "property damage" to prBmlses rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of eircraft, "autos' or wetercraft to the extent not subjBct to Exclusion g. of Section 1- Coverage A. Bodily Injury And Property Damage liability. (2) Ally other pllmary Insurance a\l8Uable to you covering liability for damages arising out of thB premises or op- erations forwhich you have been added as Bn additional insured by allachment of en endorsement. When this insurance Is BllCBSS, we will have no duty under Coverages A or B to defend the insured against any "SUR"" any other Insurer has a duty to defend the Insured against thai "sun". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all thOSe other Insurers. WhBn this insurance is excess over other insurance, we will pay only our sharB of the amount of the loss, If any, that exceeds the sum of: (1) The total amount that all such other insuraneewould pay lor the loss in the absence of thisinsuranee; and (2) The total of all deductible and self-Insured amounts under all that other insurance. We will share the remaining loss, If any, with any other insurance that is not described In thl$ Excess Insur- ance provision and was not bought spBcifically to apply in eXCBss of lhB Limits of Insurance shown In the Declarations of this Coverage Part. c. Method 01 Shari ng If all of the other Insurance permils contribution by equal shBres, we will follow Ihis method also. Under this approach eBcn Insurer contributes equal Bmounts until n has paid its applicBble limit of Insurance or none of the loss remains, whichever comes first. If any of the othar Insurance does nol permll contribution by equal sharas, we will contribute by limils. Under this mathod, each Insurer's share Is based on 1I1e ratio of Its applicable limn 01 Insurance 10 the tolal appl~ cablB limits of Insurance of 811 Insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part In accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium Is a deposit premium only. Althe close of each audit period we will compute the eemBd premium for that period. AudR prBmiums are dUB and peyable on notice to the filSt Named Insured. It the sum of thB advance and audn premiums paid for the policy period is grealer than the e8h1ed premium, we will return the excess to the first Nemed Insured. c. Thl> firsl Named Insured must keep records of the Information we neBd for prBmlum computation, and send us copies at such times as we mBY request 6. Representations By accepting this policy, you agree: a. The statamenls In tho Declarations are accurate and complele; b, Those S\atemBnts are based upon represBnlatlonl> you made 10 us; and c. We have Issued this policy In reliance upon your reprBsBnlations. 7. Separation 01 Insureds Except with respect to the Umlts of Insurence, and any rl~hls or duties specifically assigned in this Coveraga Part to the fil$l Named Insured, this insurance applies: a. As if aach Named Insured werB the only Named Insured; Bnd b. Separalaly to each insured against whom claim is made Or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to reCQ1I9r aU or part of eny payment we have made under Ihis Coverage Part, those rights are transferred to us. The insured must do nothing BftBr loss 10 Impair them. At our request, the insured will bring "suif' or transfer those rlghts 10 us and hlllp ulunfolCe them. 9. When We Do Not Renew If we decide not 10 renew this Coverege Part, we will meil or deliver to the fillll Named Insured shown in the Declarations WritlBn notice of thB nonrenewal not IB5S than 30 days before the expIration datB. 11 notice is mailed, proof of mailing will be sufficient proof of notice. ~dy4- .~. '.1 " I"., COMMERCIAL GENERAL LIABJUTY Copyright, Insul'BI1Ce ServtCH orrlCll, Inc., 19S7 CG 00 D1 D101 nBG.m\:-.~~R - ~OO4-Q0 k- ....-..--- tMlJUl&'I5{~ AC.... CERTIFICATE OF INSURANCE PRA26090 No 99$13 07/20/04 ....._..............._....._...' '. '_,__ .-. .. --I ...-..:'" . T~I$ C!llTIfIQAU 1$ \AIlED 14 A IUtTEIt OF INfotlMATIOIf 0Nt" AND '1a.rney & B.i\rn..y, LL(;-CI'. J..lcO':0395~~IIS NO RIGH'I'I UPON ~Ht! CliRTFICATI! HOLDe... 'lMIS CERTI.ICA1I "'Jrney & RarneY, Inc-CA LiaOC24.11oi.=;'~J:1>. EXTI!ND O"_~ T~E covuwm NfOIlDEtl.~ lHE \ P O. Bo~ 85638 G i s~n Diego. CA 92186-5638 COMPANIESAFFORDINGCOVERA E I t1l58) 4.57-:'4)4 ATLANTIC - ATLANTIC SPECIALTY INS. '\ 101...1:#,: 3616 ~o:."" A CO. . . .. ~'1I cARPENTllR MOORE" - LLO'iOS OF LONDON l"-- lMAGE""ARB SYSTEMS, INC.. lET I AL, sflE ATTACHED} .A-;u;o1-t>7/P I A:-acCl-~5 . .4~ aDDiL- (J~ lOei!:! 'I'HORNMINT ROAD .,J,.-p,J"JOJ--;J.;J,3 ~ D S~ DIEGO CA 92127 ="" C NO rolTRRAGE ON THIS DOCUMENT NO COVERAGE ON THIS DOCUMENT ml.T' E NO COVERAGE. ON THIS DOCUMENT .. ._m.____.._____ .-.., .,,--...-----.-.--....- ---' I cDll&lWlD THIS IS lOC5FlTIF" T......T THE POUCIES OF INS\JAAHCe et:LOW HAVE BEEN ISSUED TO TMt; t.iSIJRE'D kAMED AR()llI!''''-()A nE POLICY P!RIOO ~DICA1EO /'fOlVII1ltSTANOlNG /IlK'f REQU~MENT, TEfIIlII ()A. cONOITlON OF ANY CONrUCT OR OYHER OOCU"lifll WllH F1ESPECT TO WI'OGH TH~ CtKlll"lCATE hM,y BE ISSUED OR h'A'f' ptKIAlN, 'note: tNGU~ ~ sv- ~f PO IC" 'crnc':R1GtD tt!MItt 1& ~ TO NJ. THE TEftU6; aa.U5ItlN' AND- COtolomoNt OF I8lJC.W POlICIES. LIMTS ~ M.Ay ~ ~~. ~~DUCED BV MIO C~. co """~ ,..,IG'V NUMHIt ~.nMnMl fIO~l!!lIfIIAl7MJfrt OATrI,WllNDOM'l lMl'l~ ....... '~RAL UAIIUTY X ", ~~ lZNf,.,.,ll.NlUTY A _..... ~ c~,. ~~. X. o.COJfl, nwhIlo"'Si"C~:.I",'j:,PnOT .,.................. . *2,000,000 fllQlUG'&'(.,'OWAOPN;G.. $ *2,000,00 711-00-52-52-0000 07/10/04 07/10/05.~'~~ ,EXCLUDED EAGHOlO" -eeli. s. *1, 000 ~ 00 "~DMUrAl""'UIl.~ . *1,0.00,00 . ......_. _. Ml!D,PI'.....~..~~III' ......10.00 c;oN"",[O SINQlf LN. . -.u1OMOMa "....rn . Nt'f,IWTQ . AlL LMfG .-1,r1'WO : If>ltDUltD "IJ1Ul:i> A~'.~:..!.l1lMD.uros . Xj~AlJ'"05 '~.rUABlL.ln" eoDI.... 1Holl.M'" co- ........' 711-00-,,2-52-0000 07/10/04 07/10105ooo~':""', l'W........u .' .......*....... p~ATv DMiAGIE s ......**.... :L~~:nf.~1YY 1>, ,~.;_...ron.. one 'DfAN. UMMf~OM'I wc:JM2.... CoQIIH!NlATIOtI AND e:~' LIAIIIUTY UO< oc<.uM<""'- 711-00-~,2-S2-0000 07{10/04 07{lO/OS....;.....n "2,000,00 . -:l,000,00 ..--' 0<_ PROFESSIONAL. B LIADILITY BRRORS S,402040X & OMMIS"OlilS ,lJ1",TlJIOlIWIllrMl'S "'ADIAC'.aD*'HT 10 ........... OI:1:~t-PO.JC'fLl..., .. ........... P11f1.1lSt!-~ltILlPlOYFi So *....... *. ..... $i-;- OO-O";'OOO-LIMIT; 07/10/04 07{10/05 $50,000 SIR _MI'nOIt-OII~/l.uCAtlCltfa.J~l";;;;L.m;.---._--'-' .' -,.,'.----..-. -.---.- .--"--.- i . -...-...----.J RE: INSTALLATION AND MAINTSNANCB OF .CRIM~S" HARDWARE' SOFTWARe I faftTll'W;ATI: 1tO&.DiA---- I c~it..i"-'-' ---.-..-, .--..-.- - gftOUl:[t .-NY' Of lItE A80VE D'ESCRlaED POllCti5 'M- CANceL.LEO efFMt rtlf IXPI"ATION OATe 'l"el'\t.Or, 'tHE IS$UINC. COMPANY WIU EiNDEAVOA 10 CI'l'Y OF S.A.NTA- ~A. ! TS OFFICERS, WAlL.....1Q... DAYS ,WJtt'"E.N NO,..CE TO THl (;Il'RTW,CATE. HUL.lJt:t' N',llMIE.D 10 '-HI! EMPI.oYEES, AGENTS AND I.,EFT, QUT r....llu"t TO MAI~ SUCH NOll(:E SHAU. 'MPose NO OBLIGATION OR VOL.UNTEER~ L.IABILITY OF ANY I(IHD U~ON THE COMPANY, ITS "'~iNnl ()f.I ~1Z"f1Eat:IN.A,.fIVIS. 20 CIVIC CGNTER ~LAZh -.-.--- . . , SANTA ANA C!\ 92701 .u"'...a....:::t~~R~.- .---- ~~..IlI1........-~..__.__._....~..,._.. ._.._____.__......_. ., _ .. ~lIDc:o.~t.. THE CIEIITIFICATE HOLDER IS NAMED AS ADOmONAlINSUiiEil-PE"R THEATrACHED.ENO'ORSEMEN't -.-. --- ~ ,(rt _ ! '>/C1V~1 v ( 10-'tl7-20Q3 10:18 AM --. . . Imageware Systems, Inc. Named Insured ImageWare Systems, Inc. ImageWare Software, Inc. (Inactive) Imaging Technology Corporation (Inactive) Xlmage ImageWare Systems 10 Group, Inc. Castleworks, LLC (Inactive) E-Focus West, LLC ImageWare Digital Photography Systems, LLC IW Systems Canada Company G&A Imaging, Inc, (shell company only) Digital Imaging International GmbH (Germany) Digital Imaging Asia Pacific PTE Ltd. (Singapore) ~~ 1./S- J . , : '~ ,: 1O-Q7-20e3 10:18 AM . -. THIS ENDORSEMENT CHANGES THE POLlC\'. PLEASE READ IT CAREFUl.l.Y. ADDITIONAL INSUREDS BY CONTRACT, AGREEMENT OR PERMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Thlt WHO IS AN INSURED section is amended to Include BS an insured any person or organization with whom you Bgreed In It written contract. written agreement or permit to prDvidB insurance such as is afforded under this CovBrBge Part. but onlywilh respecltD your operations, "your work" or facilities owned or used by you. This provlsion does not apply: 1. Unless the written contract, Bgreement or permit has an effective date and has been issued prior 10 the "bodily Injury", "property damBge", 'personal and advertising inJUry' or "personBI Injury" or "advertising Injury" (whichever definitions are used in your poticyJ; 2. To any person or organization included as an insured under the Additional Insured - Broad Form Vendars provision of this Bndorsemenl; 3. To Bny person or organization included as Bn Insured by an endorsement Issued by us and made part 01 this CoverBge Pert; 4. To any lessor of equipment; e, After the equipment lease expires: or b. lIthe 'bodily Injury", 'property damage', 'pelSOnel end advertising InJury' or "personal injury" or "advertising Injury" (whlcheVBr definitions arB used in your policy), arises out 01 the SOIB negligence 01 the lessor; 5. To any pBrson or orgBnlzatlon II the 'bodily Injury', 'property damBge", "personal and advertising Injury" or "parsonellnjury" or "edvertising Injury" (whichBver definitions Bre used in your policy), arises out of Ihe rendering of or failure to render professional services by or for yau; 6. To any: e. Ownars or other Interests from whom land has bean IBaSed; or b. Managers or IBSSOrs of premises It. (1) The 'occurrencB" takes placB Blteryou cease to be a tenentln that premises; or (2) The "bodily injury", 'property dBmegB', 'personal and advertising injury" or "personal injury" or "adVBrtislng injury" (whichever definitions ere used in your policy), arises out of slruc1urlll alleratiDns, new construction or demolitlon operations pBrformed by or on behell of the OwnBrs or other interests from whom land has been leased. . , ,.' ,.' ~AA s/.s~ /V~~ - VCG2111D88 IlncIUdH copyrighted rn.terlal Gf ~ Selvite. Offk:e. Inc. e, AtIontIc; Mutu.llnou...... Com_v, 1_ ~1"1 10-07-2003 10:18 AM - ~ ~. . ~. . ,-.- . \ " . . The Umits of Insurance of this Coverage Part apply 8eparBtely to each consecuwB annual parioa and 10 any re- maining period of less thBn 12 months, starting with the ~ginnlng of the policy period shown in the Declarations. unless the policy period is extended after issuance for an additional period of less than 12 months. In that case. the addi- tional period will be deemed part of the last preceding period for purposes of del.ennining the Umits of Insurance. SECTION IV - COMMERCIAL GENERAL UAElIUiY CONDITIONS 1. Bankruptcy Bankruptcy or Insolvency of the Insured or of the Insured's estate will not relieve us of our obligations under this CoveragB Part. 2. Ou1/es In The Event Of Occurrence, Offense, Claim Or Suit a. You must .aB to it that we are notified BS soon as practicable of an 'occurrence" or an offense which may resu~ in a cl81m. To the extent possible, notice should include: Ii) How, when and whera the "occurrence' or offense took place; 12) ThB names and addresses of any Injured persons Bod witnesses; and 13) The nalurB and location of Bny Injury or damage arising out of the "occurrence" or offense. b. If a claim Is made or "Sujf'!a brought Bgainsl any Insurad. you must: 11) Immediately record the spBclfics 01 the claim or "sun" and the date received; and 12) Nollfy us as soon as praclicable. You must see to it that we rBceive written notice of the claim or 'sulf' as soon as practicable. c. You and Bny other involved insured must: 11) Immediately sBnd us copies of any demands. notices, summonses or legal papers received in con- nection with the claim or "wn"; (2) Au1horlze us ID obtain records and other Information; (3) Cooperate with us In the investigation or settlement of the claim or defense agBlnstthe "suit": and 14) A5sist us, upon our request, in the enforcement of any right egainst any pBfSon or organization which may be liable 10 the insured because 01 InJury or aemage 10 which this Insurance may also apply, d. No InsurBd Will, except atlhBt insured's own cost. voluntarily make a payment, aSSUme any obligation. or Incur anyftpenu, alherlhan for firslaid, WIthout DUrconSBnl. 3. Lellal Action Allalnst Us No pe150n or organization has a right under this Coverage Part: a. To Join us as a party or otherwise bring us into a "suit' asking for damages from an in.ured; or b. To sue us on this Coverage Part unlBSS BU of its terms have been fully C<lmplied with. A person or orgBniZation mey sue us to recover on en agreed settlement or on a final judgment against an in- sured obtained afjBr an BC\uallrial; but we will not be IlablB for damagBllthal arB nolpayable underlhe terms of this Coverage Part or that are in excess of the applicable limit of In sura nee. An agreed setllement means a selUe- men! IIOd release of liability signed by us, the Insured and tha claimant or the c1aimanra legal representative. 4. Other Insurance "If other valid and collectible Insurance is allBllBble to the Insured for a loss We C<lVBr under Coverages A or B 01 ',this C r obligations are limited BsloUows; Primary Insurance IS nsurance Is primary except when b. below epplies. If this Insurance is primalY, our obligatiDns are not affBcted unless any 01 the other Insurance is also primary. Than, we wI/I sha<e with all that other insurance by the method described In c. below. b. Exce$s Insurance This Insurance is excess over: It) Any of the other insurance. whether prirnalY, excess, con~ngenl or on any other basil!: la) That Is Fire, Extended Coverage, EluildelS Risk, Install8Uon RIsk or sirnilar coverage lor 'your work.'; Ib) That I.. Fire insurance for premises rBnled to you or temporarily Occupied by you With parmission of the IlWner; CGOf01 D7M Copyright.ll"*Jrance Serviau Offlce.lnc.. tOW COMMERCIAL GENERAL LIABILITY 10~07-2003 10:18 AM . . ~ lc) Thel is insurance purchased by you to cover your liability as a lenant for "property llamage" 10 prBmlses renled to you or temporarily occupiBd by you with permission of the owner; or (el) If the loss arises out 01 the maintenanca or usa of aircraft, "aulas" or welercraft to the extent nol sublBct to exclusion g. of Section 1- Coverage A " Bodily Injury And Property Damage Liability. (2) Any other primary Insurance al/llilablB to you covering liability for damages arising out 01 the premises or op- erations for which you hava been Bddecl BS an additional insured by attachment of an endorsement. When this insurance Is excess, we will have no duty under Coverages A or B to delend Ihe Insured against any "suil" II anyolher Insurer has a dutytl)delend Ihe insured agaInst thai "suit'. If nl) other insurar defends, we will undertake to do so, but we will be entitled to tha Insurell's rights against all those othBr Insurer;. When this Insurance is excess over other insurancB, we will pay only our share of the amount 01 the loss, if any, that exceeds tha sum of: (1) The total amount that all such other Insurance would pay lor the loss In the absence of lhis insurance; and (2) The total 01 all deductible and sell-insured amounts under all that other insurance. We will share the remaining loss, If any, with any other insurance that is not describeclln thl$ Excess Insur- Bnce provision Bnd was not bought BpBcifically tl) apply In excess of the Limits 01 Insurance shown in the Declarations ollhls Coverage Part. c. Method 01 Sharing If all 01 the olher Insurance permits contribution by equal shBres, WB will follow this method also. Under this approach BBch Insurer contributBS equal amounts until It has paid its applicBble limit of Insurence or none of the loss remains, whichBver COmBS first. If any of the other Insurance does nol permit contribution by equal shares, we will contribute by limits. Under this methOd, each Insurer's share Is based on the ralia of Ill; applicable limit of insurance 10 the 100al appl~ cablB limits of insurance of BII insurers. 5. Premium Audit e. We will compute all premiums for this Coverage Part In accordance with our rules and rates. b. Premium shown in this Coverege Part as advance premium Is a deposlt premium only. AI the close of each audit period we will compute Ihe earned premium for that period. Audit premiums are dUB and payable on notice 10 Ihe first Named Insured. If the sum of the advance and audit premiums paid for the policy period Is graaler1han the earned premium, we will relumthe excesstothelirst Named 'nsurad. c. ThE> first Namad Insured must keep records 01 the Inlolmatlon we naBd for prBmlum computation, and sBnd us coples at such times as wa may raquest 6. Representations By accepting this policy, you agree: a, The stalements in the Declarations are accurate and complBte; b, Those stalemBnts are basad upon representallons you made to us; and c. We have Issued this policy In reliancB upon your representations. 7. Separation 01 Insureds Except with respecl ro the Umlts of Insurence, IInd any rights or duties specifically assigned In this Coverage Part to the first Named Insured, thls InsurancB applies: a. As II each Named Insured were the only Named Insured; and b. Separately to each Insured against whom claim ie made or "suit" Is brought. 8_ Transfer Of Rights Of Recovery Allalnst oth... To Us If Ihe insured has righl$ to recover aU or pert of eny pllyment We hllve mllde under this Coverage Part, those rights era tr8nslerrell ro us. The insured must do nothing Biter loss 10 Impair Ihem. At our request, the insured will bl1ng "suif' or transfer those rlghts to us IInd help us enforce them. 9. When We Do Not Renaw If we decide not to renew this Coverege Part, We will mall or deliver to tha first Namad Insured shown in Ihe DSclarallons WlilIen notice 01 the nonrenewal not IBSS than 30 days before the expiration dale. It notice is mailed, proof of mailing will be sulfldenl prl)of 01 notice. ~dy4- . '. '. ' .... .~; .' COMMERCIAL GENERAL LIA8IUTY Copyrlght,lnGurance SeMceI OffKll, Inc., 1997 CG 00 01 070t STATE COMPENSATION INSURANCE FUND JULY 29, 2005 A~ ;)c01- ::.l.l5 A - dCP:l. - OO:J- f}~;n;o:J.- ;2~3 A- ;)Ddf. or!/.r, A- .)_ws-.038 IN REPLY REFER TO: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA CA 92701 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE CANCELLATION NOTICE RE: CERTIFICATE DATED JULY 14, 2004 THE WORKERS' COMPENSATION INSURANCE POLICY FOR THE EMPLOYER NAMED BELOW HAS BEEN CANCELLED EFFECTIVE JULY 14, 2005 AT 12:01 A.M. IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE CONTACT THE EMPLOYER NAMED BELOW EMPLOYER: lMAGEWARE SYSTEMS, INe 10883 THORNMINT RD STE A SAN DIEGO, CA 92127 POLICY 1689229-04 POLICYHOLDER SERVICES SAN DIEGO DISTRICT OFFICE (858) 552-7000 1275 Market Street. San Francisco, CA 94103-1410 Mailing Address: P.O. Box 420807. San Francisco. CA 94142-0807 selF 19102 ACORD~ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) OS/26i200614:24 PRODUCER Barney & Barney LLC 9171 Towne Centre Drive Suite 500 San Diego, CA 92122 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURED ImageWare Systems, Inc. A-.2oo/- ;lJ5 A - ..<00..< - ':<';;13 A_.;loo-f-o'7(P A- .;>,005 - D3 A- l>O - C> INSURERS AFFORDING COVERAGE INSURER A' OllcBcacon - Atlantic Specialty Ins. CO. INSURER B: l1ndenvriters at Lloyd's London INSURER C' NAIC # 27154 10883 THORNMINT ROAD SAN DIEGO, CA 92127 COVERAGES INSURER O' INSURER E' 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!I!"~ ~~~'~ -,-_. POLJCY NUMBER PRHS-~ EFFECTIVE Pgi!P EXPIRATION LIMITS I ~NERAL L1AB/UTY EACH OCCURRENCE , 1,000,000 X X COMMERCIAL GENERAL LIABILITY 7/1 012005 7/1 0/2006 I ~~ , 1,000,000 PREMI~ES Ea OCOJrence I C- _J CLAIMS MADE 0 OCCUR I 7110052520001 MEa EXP (Any Qf1e persoo) " 10,000 A L- PERSONAL & AaV INJURY $ EXCLUDED --~_._--,-_._.,--- L- GENERAL AGGREGATE , 2,000,000 ~'l AGG~EnE LIMIT APPLIES PER' This certificate amends and upercedes prior certificates PRODUCTS - COMP/OP AGG , 2,000,000 x POLICY ~~,Q.r i I laC . ~TOMOBILE LIABILITY I COMBINED SINGLE LIMIT I $ 1,000,000 L- ANY AUTO L(Ea aCCIdent) ALL OWNED AUTOS , 1--- BODilY INJURY I , SCHEDULED AUTOS 711005252000 I 7/10/2005 7/1 0/2006 (Per person} A C- [, ..~ L.'. HIRED AUTOS BODILY INJURY L.'. NON-OWNED AUTOS (PeraCCidenl) I--- PROPERTY DAMAGE , (Per acCident) RRAGE LIABILITY I AUTO ONLY. EA ACCIDENT , ANY AUTO ! OTHER THAN EA ACC , , , AUTO ONLY AGG S , 0ESSlUMElRElLA lIABILITY , EACH OCCURRENCE , 2,000,000 -x OCCUR D CLAIMS MADE AGGREGATE , 2,000,000 A 7110052520001 7/1 0/2005 7/1 0/2006 , R DEDUCTTBLE $ RETENTION , I , WORKERS COMPENSATION AND I I TWC STATU- IOJ~. EMPLOYERS' LIABILITY ~,OOO,OOO A ANY PROPRIETOR/PARTNER/EXECUTIVE 406010242 CA 7/14/2005 7/14/2006 E_L EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E_l. DISEASE EA EMPlOYE~ , 1,000,000 ~trbirpkt;)~s~6rNS below E.l, DISEASE POLICY LIMIT , 1,000,000 OTHER 1,000,000 8 Professional Liability-Errors & SEN2105000221 7/1 0/2005 7/1 0/2006 Omissions I 50,000 SIR DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS , ., ~-.. '--:-', >'0 ',\.I\J * I 0 days notice for non-payment of premium. j3;11~--'-:fjjc!. RE: Installation and maintenance of "crimes" hardware & software. .' ..,' . CERTIFICATE HOLDER CANCELLATION Mst # 2130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAilURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE olin Xsieli 36466 @ACORD CORPORATION 1988 City Of Santa Ana, Its Officers, Employees, Agents And Volunteers 20 Civic Cenrer Plaza Santa Ana, CA 9270] ACORD 25 (2001/08) Client # 31868 Cert# Subiect: 2 1., 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. '-I~{/" I f:r' '.' (; ACORD 25 (2001/08) Insured: ImageWare Systems, Inc. Named Insureds I mageWare Systems, Inc. ImageWare Software, Inc. (Inactive) Imaging Technology Corporation (Inactive) Ximage (Inactive) ImageWare Systems ID Group, Inc. Castleworks,LLC (Inactive) E-Focus West, LLC (Inactive) ImageWare Digital Photography Systems, LLC IW Systems Canada Company G&A Imaging, Inc. (Inactive) Digital Imaging International GMBA (Germany) Digital Imaging Asia Pacific PTE Ltd. (Singapore) Master# 2130 Attachment Page Cert # 36466 ....1/.>' /./ " ')!Cp INSURED: ImageWare Systems, Inc. COMPANY: Atlantic Specialty Insurance Company POLICY #: 7110052520001 POLICY PERIOD: 711012005 EFFECTIVE DATE 512612006 TO 711012006 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY, ADDITIONAL INSUREDS BY CONTRACT, AGREEMENT OR PERMIT This endotMment modifies insurance provided under the folklwilg: CQt,,>NERCIAL GENERAL LIABIlITY COVERAGE FORM The WHO IS AN INSURED section Is amended to include a. an insured any pe""'" or organization wIlh Whom you agreed In a written oonlrael, written agreamant or pell11il to provida In.unmce suen as Is afforded under this Coverage Pari, bUt only with respect to your operations. )'our work" or f1Ici_ _ Of used by you. This prcMsjo~ does no! apply: 1. Unless the written contract, agreeme~t or permk has an effec1ive date and has been issued prior to the "bodily i~jury", "",operty damage". "personal and advertising injury" or "personal injury" or "adll8rtising ...jury" (wrnchever dennlllo... are used In your polley); 2. To any person or organ_n ...eluded as an looured under the Additional Insured - Broad Form Vendors PfO'/isi<l<1 of this endorsement; 3. To any person or ofll8l1lzallon included as an ","unod by an endo"",",enl issued by us and made part of tills Coverage Pa rt; 4. Toanyl.-rofequlpmerrt; a, Altw the eq uipment lease expO'es; or b. If the 'bodily injury", "property damage', "personal and advertising Injury" or "personal injury" or "advertising injury" (whichever de_ona are used in your polcy), erlses out 01 tile sole nagigence of the lessor; 5. To any parson or organ_n il1l1e "bocIly Injury", "property damage', "personal and advertising injury" or "palllonallnjury" or "edverhing injury" (which...... deftnlllons ore used in your policy), arises out of the rendering 01 or !allure 10 render professlonal ""ovic... by or lor you; 6. To any: a, Owners or other Inleresls Irom whom land has been leased; or b. Managers... lessors at prem_1t: (1) The 'occurrence" taI<es place after you cease 10 be a tenant in thai premises; or (2) The "bodily injury", "property damage', "pelSOllal and advertising Injury" or "pe<sonal injury" or "adveftising injury" (v.tlien...... definitions ere used In your policy), arlsell out of_rei alteraliollS, new cons1nJction or demoition oparations performed by or on behaK oflhe owners or OIlIer interests from whom land has been leasad. 0/j .1) , if ~.____' 1,/ /./;' " _>~"_.) ii,' I VCGU11t1l Indudn~~QfINlUi!lne6~()f'b"lnc. ., A.tIn!cMl.UIll~ Cornptny, 1998 PBQt 1 ot 1 The Umits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any re- maining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended atter issuance for an additional period of less than 12 months. In that case, the addi- tional period will be deemed part of the last preceding pariod for purposes of determining the Umlts of Insurance. SECTION IV - COMMERCIAL GENERAL L1ABIUTY CONDITIONS 1, Bankruptcy Bankruptcy or insolvency of the insured or at the insured's eslate will not relieve us of our obligatons under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or iegal papers received in con- nection with the claim or "su~": (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigaton or settlement of the claim or defense against the "suif'; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, vvithout our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b, To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an in- sured obtained after an actual trial; but we wiil not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable Iim~ ot insurance. An agreed settlement means a settle- ment and release of Iiabil~ signed by us, the insured and the claimant or the claimanfs legal representative. 4, Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or 8 of this_G.QlI.e[agaP-"rt~our obligations are limited as follows: I _.----- _______. I C~- a, Primary Insurance..) '\0 I This insurance is primary except when b, below applies. If this insurance is primary, our obligations are not >" , affected unless any of the other insurance is also primary. Then, we will share w~ all that other insurance ~ ! by the method described in c, below. b. Excess insurance , This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builders Risk, Installation Risk or similar coverage for "your work"; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; CG 00 01 07 98 Copyright, Insurance Services Office, Inc" 1997 COMMERCIAL GENERAL LIABILITY P"f'I'" Q ", 1..1 INSURED: ImageWare Systems, Inc. COMPANY: Atlantic Specialty Insurance Company POLICY #: 7110052520001 POLICY PERIOD 7/10/2005 EFFECTIVE DATE: 5/26/2006 TO 7/10/2006 Ie) That is insurance purchasad by you to cover your liabilily as a lenant for "property damage" to premises rented to you or temporarily occupied by you with permlsslon 01 the owner: or Cd) lithe loss arises oul olllle mairrtenance or use of eircraft, "eutos" (l( watercraft to the eident not subject to Exclusion g. of Section 1- Covecag.. A - Bodily Injury And Property Damage Liability. (Zl Perl other PJinaIY insuIance 8VIilable to you covering lability fur damages arising out of the pre~ or O!>- erations for which you have been added as an addl1lonat il'IslIred by attachment 01 an endorsement. When tIlis Insurance is excess, we WIll have no duty under Coverages A or B to defend the insured against any "su~' II any olher insurer has a duty 10 delend the insured egainst that "suit". If no other insurer deleods, we will undertake to do so, but we will be entJtIed to the iflSured's rights agamst all those other i_rers. When this insurance is excess over other insurance. we will pay only our share of the amount of the loss, II any, that exceeds the sum of: (1) The latal amount thai all such olher insurance would paylor (he losstn the absence ofthls insurance: and (2) The total at all deductible and salf-insured amounts under alllhat other insurance. We will share the remaining loss, II any, with any other Insurance thAt is nol described in this Excess Insur- ance provision and was not bought specifically 10 apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part e, Method Ot Shoring If all 01 the other insurance permits contribution by equal shares, we wi~ foHow this method als<>, Under Ihis approach each insurer contrioUles equal amounls until it has paid i1s applicable limit of insurance or none 01 the loss remains, whIchever comes 'first. If any of the other insurance does not permit con1ribution by equal shares, we will contribute by limits, Under this method, each insurer's share is based on the ratio of its applicable limit of rnsurance to the total appli- cable .mits of insurance of all insurers. 5. Premium Audit 4. We will compute all premium:! for thts Coverage Part in accordance with our rules and f<:lles. b. Premium shown in this C-<>vecage Parlas advance premium is a depos~ premium only, AI the close or each audit period we will compute lhe eamed premium lor ll1at period, Audit premiums are due and payable on notice to 1I1e first Named Insured. If Ihe sum of the advance and audit prerrWffiS paid for tl1e poicy period lS greater than the eamed premium, _,.,m re111m the exress lathe IiraI Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: 8. The statements in !he DedaraliOOs sle aCCufate and complete; b. Those stalements are based upon represenlaUons you made to us: and e. W!'..have issu">l fh!.spolicy in reliance upon your representations. '7;' Separation O!.!~.:.:> L-.______ _ _..__ _- "- '\)"., Except with respect to the Limits of Insurance, and any rights or du1tes specificelly assigned in this Coverage "- Part to the first Named Insured, this Insurance applies: '--.:.., I a. As if each Named Insured wer" the only Named Insured; and '---:lJ.- 7b..:.....i?"e?,r~te!y.to!'~chjn~I~ ilJll!lns! tJ!l0f!1 plaiTll-'S_rn..."~e or "suit" is broog ht. ',' r.Jl.~T"'nsf~r Of Righ!!_~~~ry Against Others To Us."':> '\' J If the Insored has rights to recov-er-;'iiOrpartor"ny ;'yment we have made undor this Coverage Part, thaee "\ rights are transterred to us, The insured must do nothing aner loss to impair them. At our requesl, the insurad will bring "suit" or transfer those rights to us and help us enforce them. 9. When We 00 Not Ren<>w II we d"cide nol 10 renew this Coverage Part. we will mail or deHvcr 10 the firat Nemed Insured shown in ll1e Declarations written notice of the nonrenewal nolle.. than 30 days before the expiration dale, If notice is mailed, proof of maiUng will be suffident proof of notice. COMMERCIAL GENERAL LIABlUTY C::tll'l~ 11Y'I.~~",rvi,.........(;ff\r-A lnr IQO."