Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
PARAGON PARTNERS (2) -2011
r. i14, GRANGE NOT ON HLE 'CORK MAY NOT PROCEED CLERK OF COUNCIL A-2011-056-01 ')ATN 19 2412 EXTENSION OF AGREEMENT Ju THIS EXTENSION, is made and entered into this 281h day of February, 2012, by and n ZJ between Paragon Partners Ltd., a California corporation (hereinafter "Consultant'), and u the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The parties entered an Acquisition, Relocation & Property Management Services Agreement, A-2011-056, dated March 7, 2011 (hereinafter "said Agreement') for Consultant to provide property acquisition, relocation and management services. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the Term included in section 4 of said Agreement. C. All other terms and conditions included in said Agreement shall have the same force and effect. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Amendment to Acquisition, Relocation & Property Management Services Agreement, the parties agree as follows: Section 4, TERM, shall be amended to extend the termination until the expenditure of all allocated funds. 2. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. ' IN WITNESS WHEREOF, the parties hereto have executed this Extension amending said Agreement on the date and year first above written. ATTEST: x Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA Paul Walters Interim City Manager RECOMMENDED FOR APPROVAL: Raul Godinez II, E4utive Director Public Works Agency CONSULTANT: A LA President/CEO Paragon Partners Ltd. OP ID: SN A c�R CERTIFICATE OF LIABILITY INSURANCE DATE(MM24/2014/0200Z) 011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Dougherty Company, Inc. P.G. BOX 7277 Long Beach, CA 90807 Richard Lindgren CONTACT Sylvia Nelson PHONE FAX C No Ext: AIC No: EMAIL S /via dou hert ins.com PRODUCER CUSTOMER to #: PARAG-3 INSURERS AFFORDING COVERAGE NAIC # INSURED Paragon Partners Ltd. 5762 Bolsa Avenue, Suite 201 Huntington Beach, CA 92649 / tJ (Q INSURER A: Hartford Insurance Company 29424 INSURER 5: Ace American Insurance Co. 22667 INSURER C INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILiR TYPE OF INSURANCE ADDLSUBRLDDY ACCORDANCE WITH THE POLICY PROVISIONS. POLICY NUMBER EFF MM POLICY EXP LIMITS 041;d GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 PREMISES Ea occurrence $ 300,00 A X COMMERCIAL GENERAL LIABILITY X 72UUNPR1964 0110112014 01101/2015 CLAIMS -MADE [A] OCCUR MED EXP (Any one person) $ 10,00 X Contractual PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OPAGG $ 2,000,00 X POLICY PEO LOC $ A AUTOMOBILE LIABILITY ANY X 72UUNPR1964 01/0112014 01/11112015 COMBINED SINGLE LIMIT $ 1,000,00 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS BODI LY INJU BY (Per accident) $ X SCHEDULED AUTOS HIRED AUTOS PROPERTYDAMAGE (PERACCIDENT) $ X NOWOWNEDAUTOS $ X INSD OWNS D. AUTOS $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,00 AGGREGATE $ 10,000,000 A EXCESS LIAB CLAIMS -MADE 72RHUPR1858 01/0112014 01/01/2015 DEDUCTIBLE $ $ X RETENTION $ 10,000 A WORKERS COMPENSATION ANOEMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEYINOFFICE (Mandatory In NH)BER EXCLUDED? (Mantlatory In NH) N/A 72WENG6914 ALL STATES EMPLOYERS ILIA STOP GAP 01/01/2014 01/01/2015 X WCSTATU. OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,00 E. L. DISEASE - EA EMPLOYEE $ 1,000,00 If yes, describe under DE SCRIPTION OF OPERATIONS below E. L. DIS EASE - POLICY LIMIT $ 1,000,00 B Real Estate G2428296AO02 05/2212013 05/22/2014 Claim: 2,000,000 Errors&Omissions CLMS MADE:$25K RETENTION Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Ad ditlonal Remarks Schedule, if more space Is required) The City of Santa Ana, its officers, employees, agents, volunteers and representatives are named Additional Insured for Auto and General Liability as respects operations of the Named Insured. Coverage is primary and non- contributory. ENDORSEMENTS ATTACHED. 30 days written notice of cancellation applies except 10 days notice for nonpayment of premium. CERTIFICATE HOLDER CANCELLATION APPROVED MikNKkPUKM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE /� THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Santa Ana, et al ACCORDANCE WITH THE POLICY PROVISIONS. per written contract Laura St' t Sheedy AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza Santa Ana, CA 92701 Pssistaxit, City Atlorneq 041;d ACORD 25 (2009/09) ©1988.2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Polley no, 72UUNPR1964 Issued to: Paragon Partners Ltd COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read (2) The "bodily injury" or "property damage" occurs the entire policy carefully to determine rights, duties and during the policy period; and what is and is not covered. (3) Prior to the policy period, no insured listed Throughout this policy the words "you" and 'your" refer to under Paragraph 1. of Section It — Who is An the Named Insured shown in the Declarations, and any Insured and no "employee" authorized by you to other person or organization qualifying as a Named give, or receive notice of an "occurrence" or Insured under this policy. The words "we", "us" and "our'" claim, knew that the "bodily injury" or "property refer to the stock insurance company member of The damage" had occurred, in whole or in part. If Hartford providing this insurance. such a listed Insured or authorized "employee" The word "Insured" means any person or organization knew, prior to the policy period, that the "bodily qualifying as such under Section 11— Who Is An Insured. injury" or "property damage" occurred, then any continuation, change or resumption of such Other words and phrases that appear in quotation marks "bodily injury" or "property damage" during or have special meaning. Refer to Section V—Definitions. after the policy period will be deemed to have SE.CTiON I —COVERAGES been known prior to the policy period. COVERAGE A BODILY INJURY AND PROPERTY c, "Bodily injury" or "property damage" will be deemed DAMAGE LIABILITY to have been known to have occurred at the 1,. insuring Agreement earliest time when any Insured listed under Paragraph 1, of Section 11 -- Who is An Insured or a. We will pay those sums that the insured becomes any "employee" authorized by you to give or obligated pay as damages because receive notice of an "occurrence" or claim: is "bodily injury". or "property damage" to which this "bodily " insurance applies. We will have the right and duty (1) Reports all, or any part, of the "bodily injury° or to defend 'the insured against any "suit" seeking "property damage" to us of any other insurer; those damages. However, we will'have no duty to (2) Receives a written or verbal demand or claim defend the Insured against any "suit" seeking for damages because of the "bodily injury" or damages for "bodily injury" or "property damage" to "property damage"; or which this insurance does not apply. We may, at (g) Becomes aware by any other means that our discretion, Investigate any 'occurrence" and "bodily injury" or "property damage" has settle any claim or "suit" that may result. But: occurred or has begun to occur. (1) The amount we will pay for damages is limited d. Damages because of "bodily injury' include as described in Section III — Limits Of damages claimed by any person or organization for Insurance; and care, loss of services or death resulting at any time (2) Our right and duty to defend ends when we from the "bodily Injury". have used up the applicable limit of insurance In e. Incidental Medical Malpractice the payment of judgments or settlements under Coverages A or B or medical expenses under (1) "Bodily injury" _ar sing out of the rendering of or Coverage C. failure to render professional health care No other obligation or [!ability to pay sums or services as a physician, dentist, nurse, emergency medical technician or paramedic perform acts or services is covered unless explicitly shall be deemed to be caused by an provided for under supplementary Payments — "occurrence", but only if; Coverages A and B. (a) The physician, dentist, nurse, emergency b. This insurance applies to "bodily injury" and medical technician or parch sere is% "property damn e" only if: g y employed by you to provide such seroioes; (1) The "bodily injury" or "property damage" is and caused by an "occurrence" that takes place in (b) You are not engaged In the business or the "coverage territory"; occupation of providing such services. NO 00 01 05 05 Page 1 of 18 0 2005 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) (2) For the purpose of determining the limits of Insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily Injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily, injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the Insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contracf; provided the "bodily Injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "Insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided; (a). Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "Insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this Insurance applies are alleged. c, Liquor Liability "Bodily injury" or "property damage" for which any insured may he held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (S) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages, This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers` Compensation And Similar Laws Any obligation of the Insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily Injury" to; (1) An "employee" of the insured arising out of and in the course of; (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the Insured under an "insured contract". f. Pollution (1) "Bodily Injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily Injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or Page 2 of 18 HG 00 0106 05 (ill) "Bodily Injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which Is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (I) Any Insured; or (11) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations If the "pollutants" are brought on or to the premises, site or location in connection with such operations by such Insured, contractor or subcontractor. However, this subparagraph does not apply to, (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply If the "bodily injury" or "property damage" arises out of the Intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the promises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor, (11) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building In connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily Injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insureds' behalf 'are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, datoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants", (2) Any toss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for . damages because of "property damage"that the insured would have In the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental' authority, g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any Insured, Use Includes operation and "loading or unloading". This exclusion applies oven if the claims against any Insured allege negligence or other wrongdoing in the 'supervision, hiring, employment, training or monitoring of others by that Insured, if the "occurrence" which caused the "bodily injury" or "property damage" Involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that Is owned or operated by or rented or loaned to any Insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Lass than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, promises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; HG 00 0106 06 Page 3 of 18 (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (6) "Bodily Injury"' or "p'roperty damage" arising out of the operation of any of the equipment listed In Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that Is not owned by any insured and Is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other Insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis, h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "'auto" owned or operated by or rented or loaned to any Insured; or (2) The use of "mobile equipment" in, or while In practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity, 1. War "Bodily Injury" or "property damage however caused; arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) insurrection, rebellion, revolution, usurped power, or action taken by governmental authority In hindering or defending against any ofthese. "Property damage" to: (1) Propertyyou own, rent, oroocupy, Including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of Insurance applies to damage To Premises Rented To You as described In Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products completed operations hazard". k, Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. 1. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor, m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or"yourwork"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement In accordance with Its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after It has been put to its Intended use. Page 4 of 18 HG 00 01 06 05 n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense Incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; If such product, work, or property Is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, Inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily. injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of; loss of use of, damage to, corruption of, Inability to access, or inability to manipulate electronic data, As used in this exclusion, electronic data means Information, facts or programs stored as or on, created ,or used on, or transmitted to or from computer software, including systems and applications software; hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Employment -Related Practices "Bodily Injury" to: (1) A person arising out of any "employment— related practices"; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any "employment- related praotices" are directed. This exclusion applies; (1) Whether the insured may be liable as an employer or In any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Asbestos (1) "Bodily Injury" or "property damage" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that (a) May be awarded or Incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or In any way respond to or assess the effects of an "asbestos hazard"; Or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or In any way responding to or assessing the effects of an "asbestos hazard". Damage To Premises Rented To You — Exception For damage By Fire, Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Ill — Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury' to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the Insured against any "salt" seeking damages for "personal and advertising injury" to which this Insurance does not apply, We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But, (1) The amount we will pay for damages Is limited as described in Section III — Limits Of Insurance; and (2) .Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This Insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period, HG 00 01 06 05 Page 5 of 18 2. Exclusions This insurance does not apply to: a, Knowing Violation Of Rights Of Another "Personal and advertising injury" arising out of an offense committed by, at the direction or with the consent or acquiescence of the insured with the expectation of Inflicting "personal and advertising Injury" ' b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written or electronic publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arsing out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contractor agreement, f, Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement", g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury' arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. 1. Infringement Of Intellectual Property Rights "Personal and advertising injury" arising out of any violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin or authenticity. However, this exclusion does not apply to Infringement, in your "advertisement", of: (1) Copyright; (2) Slogan, unless the slogan is also a trademark, trade name, service mark or other designation of origin or authenticity; or (3) Title of any literary or artistic work, J. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider, However, this exclusion does not apply to Paragraphs 17.a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, placing an "advertisement" for or linking to others on your web site, by Itself, is not considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the Insured exercises control, 1. Unauthorized Use Of Another's Mame Or Product "Personal and advertising injury" arising out of the unauthorized use of anchors name or product In your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers, m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "'pollutants" at any time, n. Pollution -Related Any lass, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". Page 6 of 18 HG 00 0106 05 o. War "Personal and advertising Injury", however caused, arising, directly or Indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Internet Advertisements And Content Of Others "Personal and advertising injury" arising out of: (1) An "advertisement" for others on your web site; (2) Placing a link to a web site of others on your web site; (3) Content, including information, sounds, text, graphics, or images from a web site of others displayed within a frame or border on your web site; or (4) Computer code, software or programming used to enable: (a) Your web site; or (b) The presentation or functionality of an "advertlsement" or other content on your web site. q. Right Of. Privacy Created By Statute "Personal and advertising injury" arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have In the absence of such state or federal act. r, Violation Of Antl-Trust law "Personal and advertising injury" arising out of a violation of any anti-trust law. s, Securities "Personal and advertising Injury" arising out of the fluctuation in price or value of any stocks, bonds or other securities. It. Discrimination Or Humiliation "Personal and advertising injury" arising out of discrimination or humiliation committed by or at the direction of any "executive officer", director, stockholder, partner or member of the Insured. u. Employment -Related Practices "Personal and advertising Injury" to: (1) A person arising out of any "employment— related practices'; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any "employment-related practices" are directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos (1) "Personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened Injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out•of any request, demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or In any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". COVERAGE C MEDICAL PAYMENTS 1. insuring Agreement a. We will pay medical expenses as described below for "bodily Injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are Incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. HO 00 01 06 05 Page 7 of 10 b. We will make these payments regardless of fault, These payments will not exceed the applicable limit - of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, Including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily Injury": a. Any Insured To any insured, except "volunteer workers". 2. b. Hired Person To a person hired to do work for or on behalf of any Insured or a tenant of any insured. C. Injury On Normally occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, If benefits for the "bodily Injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities e. All oasis taxed against the Insured in the "suit". f. Prejudgment interest awarded against the insured on that part of the judgment we pay,. If we make an offer to pay the applicable I€ mit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All Interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the Indemnitee seeks damages for which the Insured has assumed the liability of the indemnitee In a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that Indemnitee, has also been assumed by the Insured in the some "insured contract"; d. Tq a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard e• Included within the "products -completed operations hazard". g. Coverage A Exclusions Exctuded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES AAND B 1. We will pay, with respect to any claim we investigate or settle, or any "salt" against an insured we defend: a. All expenses we Incur, b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cast of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. The allegations in the "suit" and the Information we know about the "occurrence" are such that no conflict appears to exist between the interests of the Insured and the interests of the Indemnitee; The indemnitee and the insured ask us to conduct and control the defense of that Indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees In writing to (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, . notices, summonses or legal papers received in connection with the "suit'; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable Insurance available to the Indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other Information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, Page 8 of 18 HG 00 01 06 05 necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will he paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability; such payments will not be deemed to be damages for "bodily Injury" and "property damage"' and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance In the payment of judgments or settlements; or In. The conditions set forth above, or the terms or the agreement described in Paragraph f. above, are no longer met, SECTION II—WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, end their spouses are also Insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also Insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also Insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an Insured: a. Employees and Volunteer workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that cc -"employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by . you to provide such services. (2) "Property damage" to property (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians of Your Property Any person or organization having proper temporary custody of your property If you die, but only; (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will HG 00 01 06 05 Page 9 of 18 have all your rights and duties under this Coverage Part. a. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally Incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part, The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an Insured under such policy but for Its termination or the exhaustion of its limits of Insurance, 3. Newly Acquired or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 60% of the voting stock, will quality as a Named insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage I3 does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person Is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an Insured with respect to: a. "Bodily injury" to a ca"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5, Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind Is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required B Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be .added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision If such person or organization is Included as an insured by an endorsement issued by us and made a part of this Coverage Part. ' a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold In the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily Injury" or "property damage" included within the "products - completed operations hazard". (1) The Insurance afforded the vendor Is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have In the absence of the contract or agreement; Page 10 of 18 HG 00 0106 05 am (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of Inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (a) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h), "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting, on its behalf. However, this exclusion does not apply to: (t) The exceptions contained In Sub- paragraphs (d) or (f); or (it) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not appy to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products, b. Lessors of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires, HG 00 01 06 05 0. Lessors of Land or Premises Any person or organization from wham you tease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply, This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization.. d. Architects, Engineers or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, to whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the Insurance afforded these additional . insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury', "properly damage" or "personal and advertising Injury" arising out of the rendering of or the failure to render any professional services by or far you, Including;. 1. The preparing, approving, or fai€ing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) 'Bodily injury" or "property damage" included within the "products -completed operations hazard". Page 11 of 18 It. Any Other Party Any other person or organization who is not an Insured under Paragraphs a. through a. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising Injury" caused, in whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf; (1) In the performance of your ongoing operations; (2) In connection with your promises owned by or rented to you; or (3) In connection with "your work" and included within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional Insured; and (b). This Coverage Part provides coverage for "bodily injury" or "property damage" Included within the "products -completed operations hazard With respect to the insurance afforded to these additional insureds, this insurance does not apply to; "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to'render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds under this provision is described in Section III — Limits Oflnsurance, How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV -- Commercial General Liability Conditions, No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III— LIMITS OF INSURANCE 1. The Most We will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless or the number of: a. Insureds; b. Claims made or "suits" brought; or c, Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily Injury" or "property damage" Included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily Injury" and "property damage" Included In the "products -completed operations hazard", 4. Personal and Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3, above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence", 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we'will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or In the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these, 7. Medical Expense Limit Subject to S. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8, How Limits Apply To Additional Insureds If you have agreed In a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 0106 05 added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of Insurance specified in the written contractor written agreement; or b. The Limits of Insurance shown In the Declarations. Such amount shelf be a part of and not in addition to Limits of Insurance shown In the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown In the Declarations, unless the policy period is extended after Issuance for an additional per€ed of less than 12 months, In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL, LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the €nsured's estate will not relieve us of our obligations under this Coverage Part. 2, Duties In The Event Of Occurrence, Offense, Claim Or Suit a.. Notice Of Occurrence Or Offense You or any additional Insured 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. NoticeOfCla€m If a claim Is made or "suit" is brought against any insured, you or any additional insured must; (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. . You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved Insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us In the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any fight 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, Obligations At The, Insureds Own Cost No Insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent a. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be coveted by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity, However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this Insurance Is primary and non-contributory with the additional insured's own insurance, f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that Is an individual; (2) Any partner, if you or an additional insured is a partnership;' (3) Any manager, if you or an additional insured Is a limited liability company; (4) Any "executive officer" or insurance manager, V you or an additional insured Is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional Insured Is a political subdivision or public entity, This duty applies separately to you and any additional Insured, 3, Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise.bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or HG 0D 01 06 05 Page 13 of 18 that are in excess of the applicable limit of Insurance. An agreed settlement means a settlement and release of Ilability signed by us, the Insured and the claimant or the claimant's 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 B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other Insurance is also primary, we will share with all that other insurance by the method described in c, below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner, (3) Tenant Liability That is Insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; (5) Property Damage to Borrowed Equipment Or Use Of Elevators If the toss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional Insured by that Insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional Insured. However, the following provisions apply to other Insurance available to any person or organization who is an additional Insured under this coverage part. (a) Primary Insurance When Required By This insurance is primary if you have agreed In a written contract or written agreement that this insurance be primary. If other insurance Is also primary, we will share with all that other insurance by the method described In c. below. (b) Primary And Non-Contrlbutnry Ta Other insurance When Required By Contract If you have agreed In a wnttan contract, written agreement, or permit that this Insurance is primary and non-contributory with the additional insured's awn insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional Insured has been added as an additional Insured. When this insurance is excess,'we will have no duty under Coverages A or B to defend the Insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the Insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other Insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining lass, if any, with any other insurance that Is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other Insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until It has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Page 14 of 18 HG 00 01 06 05 If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share Is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b, Premium shown in this Coverage Part as advance premium Is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c, The first Named Insured must keep records of the Information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have Issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure, 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this Insurance applies, a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. B. Transfer Of Rights Of Recovery Against Others To Us a, Transfer of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the Injury or damage. 9. When We Do Not Renew If we decide net to renew this Coverage Part, we will mail or deliver to the first Named Insured shown In the Declarations written notice of the nonrenewal not less than 30 days before the expiration date, If notice Is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a, (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, Information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An Interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any Idea for an "advertisement", 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public reads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time, HG 00 0106 05 Page 16 of 18 6. "Coverage territory" means: a. The United States of Amedca (including Its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only If the injury or damage occurs in the course of travel or transportation between any places included In a. above;or e. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a, above; (2) The activities of a person whose home is in the territory described in a. above, but Is away for a shod timRon your business; or (3) "Personal and advertising injury' offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its terrltorles and possessions), Puerto Rico or Canada, In a "suit" on the marts according to the substantive law in such territory or in a settlement we agree to. i. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". B. "Employment -Related Practices" means: a. Refusal to employ a person; b. Termination of a person's employment; or c. Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at a person. 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10."Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11."Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, Inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by; a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contractor agreement. 12."Insured contract" means; a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnities any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner Is subject to the Damage to Premises Rented To You Limit described in Section ill -- Limits of Insurance; b. A sidetrack agreement; c. Any easement or license agreement, Including an easement or license agreement In connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily Injury" or "property damage" Is caused, in whole or In part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. Includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -Reds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for Injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, If that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed In (1) above and supervisory, inspection, architectural or engineering activities. 13."Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker", 14."Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto''; page 16 of 18 HIS 0001 06 05 b. While It is in or on an aircraft, watercraft or "auto'; or c, While it Is being moved from an aircraft, watercraft or "auto" to the place inhere It Is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that Is not attached to the aircraft, watercraft or "auto 15."Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; a. Vehicles not described in a., b., c. or d.. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, Including spraying, welding, building cleaning, geophysical exploration, lighting and well servlring equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a, b., c. or d, above maintained primarily for purposes other than the transportation of persons or cargo, However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (e) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, Including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16."Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17."Personal and advertising injury" means injury, Including consequential "bodily injury" arising out of one or more of the following of€ensew a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor, d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "Advertisement", a person's or organization's "advertising idea" or style of "advertisement"; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement"; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 1B."Pollutants" mean any solid, liquid, gaseous or thermal Irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste Includes materials to be recycled, reconditioned or reclaimed. 19."Products-completed operations hazard": a. Includes all "bodily injury' and "property damage" occurring away from premises youown or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for In your contract has been completed. (b) When all of the work to be done at the job site has been completed If your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its Intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. HG 00 0166 05 Page 17 of 18 b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition In or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any Insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products - completed operations are subject to the General Aggregate Limit, 20."Property damage" means: 22,"Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" an leave or to meet seasonal or short- term workload conditions. 23."Volunteer worker"means a person who a. Is not your "employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you, 24. "Your product": a. Means: a. Physical injury to tangible property, Including all (1) Any goods or products, other than real resulting loss of use of that property, All such loss property, manufactured, sold, handled, of use shall be deemed to occur at the time of the distributed or disposed of by: physical injury that caused it; or (a) You; b. Loss of use of tangible property that is not (p) Others trading under your name; or physically injured. Ali such loss of use shall be deemed to occur at the time of the "occurrence" (c) A person or organization whose business that caused it. or assets you have acquired, and As used in this definition, computerized or (2) Containers (other than vehicles), materials, electronically stored data, programs or software are parts or equipment furnished in connection not tangible property, Electronic data means with such goods or products. ' information, facts or programs: b. Includes a. Stored as or on; (1) Warranties or representations made at any b. Created or used on; or time with respect to the fitness, quality, c. Transmitted to or from; durability, performance or use of "your product', and computer software, including . systems and (2) The providing of or failure, to provide warnings applications software, hard or floppy disks, CD- or instructions. ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically c. Does not include vending machines or other controlled equipment. property rented to or located for the use of others 21."Suit" means a civil proceeding in which damages but not sold, because of "bodily injury", "property damage" or 25."Your work": "personal and advertising injury" to which this a. Means; insurance applies are alleged,"Sulk" includes:. (1) Work or operations performed by you or on a. An arbitration proceeding in which such damages your behalf; and are claimed and to which the insured must submit (2) Materials, parts or equipment furnished in or does submit with our consent; or connection with such work or operations. b. Any other alternative dispute resolution b. Includes proceeding in which such damages are claimed and to which the insured submits with (1) Warranties or representations made at any our consent. time with respect to the fitness, quality, durability, performance or use of "your work and (2) The providing of or failure to provide warnings or instructions, Page 18 of 10 HG 00 0106 05 POLICY NO.72UUNPR1964 COMMERCIAL AUTOMOBILE HA 991 G 0910 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the 'Insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee` of yours while using a A Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your personal The Named Insured shown In the affairs'. Declarations Is amended to include: C. Lessors as Insureds (1) Any legally Incorporated subsidiary In Paragraph A.I. - WHO IS AN INSURED - of which you own more than 50% of the Section II - Liability Coverage is amended to voting stock on the effective date of the add: Coverage Form. However, the Named a. The lessor of a covered "auto" while the Insured does not Include any subsidiary "auto" is leased to you under a written that is an "insured" under any other agreement 1: automobile policy or would be an "Insured" under such a policy but for its (1) The agreement requires you to termination or the exhaustion of its Limit provide direct primary insurance for of Insurance, the lessor and (2) Any organization that is acquired or (2) The "auto" is leased without a driver. formed by you and over which you Such a leased "auto" will be considered a maintain majority ownership. However, covered "auto" you own and not a covered the Named Insured does not include any "auto' you hire newly farmed or acquired organization: D Addrhonal lnsurod if Required tav Contrast (a) That is a partnership, joint venture (1) Paragraph A.I. - WHO IS AN INSURED or limited liability company - of Section II - Liability Coverage Is (b) That is an "Insured" under any other amended to add: policy, f. When you have agreed, in a written (c) That has exhausted its Limit of contract or written agreement, that a Insurance under any other policy, or person or organization be added as (d) 180 days or more after Its an additional insured on your acquisition or formation by you, business auto policy, such person or unless.you have given us notice of organization is an "insured", but only the acquisition or formation, to the extent such person or Coverage does not apply to "bodily organization is liable for "bodily injury" or "property damage" that results injury" or "property damage" caused from an "accident" that occurred before by the conduct of an "insured" under you formed or acquired the organization. paragraphs a, or b. of Who Is An S. Employees as Insureds Insured with regard to the ownership, maintenance or use of a Paragraph A.I. - WHO IS AN INSURED - of covered "auto" SECTION II - LIABILITY COVERAGE is amended to add: 02010, The Hartford (Includes copyrighted material Form HA 99 16 0910 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such additional insured applies only If the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed In a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described In this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and Indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties In The Event Of Accident, Claim, Suit or Loss If you have agreed In a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV _ BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured, E Pdmary and Non-Cpntributory if Reawred by Contract Only with respect to insurance provided to an additional insured in I.D. - Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance Is also primary, we will share with all that other Insurance by the method described in Other Insurance 5.d. (4) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance Is primary and non-contributory with the additional insured's own insurance, this insurance Is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other Insurance to which the additional insured has been added as an additional insured. When this Insurance is excess, we will have no duty to defend the insured against any "suit" if any other Insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights' against all those other Insurers. When this insurance is excess over other I nsurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other insurance 5.d, 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: 02010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal Insurance also 5. applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply If you have workers' compensation Insurance in -force covering all of your "employees". Coverage Is excess over any other collectible insurance, 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE It hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss`; or (3) The cost of repairing or replacing the damaged or stolen property, , whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible Applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage Is excess over any other collectible Insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if It results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (If you are a partnership), members (if you are a limited liability company), or members of their households. PHYSICAL DAMAGE ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE Is amended to provide a limit of $50 per day and a maximum limit of $1,000, 6. LOANILEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "toss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag, 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE The exceptions to Paragraphs 8.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the fallowing: a.Excluslons 4.c. and 4.d, do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "lass", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described In Paragraphs a. and b, above; or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. 02010, The Hartford (Includes copyrighted material Form HA 99 16 0910 of ISO Properties, Inc., with Its permission.) Page.3 of 5 b.$1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above or is an Integral part of that equipment; or (3) An Integral part of such equipment. c.For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown In the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR • WAIVER OF DEDUCTIBLE Under paragraph D. - DEDUCTIBLE -of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added; If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form Is not the smaller (or smallest) deductible, It will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - or SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to; (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, it you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily Injury" or "property damage" is determined In a "suit," the "suit"' Is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS 6F RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following; We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" In SECTION V. DEFINITIONS Is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2, of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: 02010, The Hartford (Includes copyrighted material Form HA 99 16 0910 of ISO Properties, Inc., with its permission.) Page 4 of 5 If we cancel for any reason other than nonpayment of premium, we will mall or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 16.. HYBRID PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss,. or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a.lf the auto Is replaced with a '"hybrid" auto, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos damaged In any one "loss", the most we will pay under this Hybrid Payment Coverage provision for anyone "loss" is $10,000. For the purposes of the coverage provision, a.A "non -hybrid" auto Is defined as an auto that uses only an internal combustion engine to move the auto. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the Internal combustion engine to charge one or more electric motors, which move the auto. OO 2010, The Hartford (Includes copyrighted material Form HA 9916 0910 of 180 Properties, Inc., with its permission.) Page 5 of 5 0 OP ID: SN Alla C CERTIFICATE OF LIABILITY INSURANCE DAT61061O014 ,NSR TYPE OF INSURANCE�jA LTR 06105!2014 THIS CERTIFICATE IS ISSUED AS.7A ,(RATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIR16A7NELY:70ft EC VI YEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE OE 0'*,pg1 C TITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSUIREP, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may,9geaf an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s . PRODUCER The Dougherty Company, Inc. NCONT AMEACT S Evia Nelson PHONE FAX GNe-E.11 i1AlX. Not:-.__.__. P.O. Box 72717 Long Beach, CA 90807 Richard Lindgren _ _.. E-MAIL -- ADDRESS: sylvla@doughertyins.com PRODUCER PARAG-3 C33roCER ID Y:_____ INSURERS) AFFORDINO COVERAGE NAICS _.-_ _— Wwaeo Paragon Partners Ltd. _. _ INSURER A: Lloyds of London - —_. 112300 5762 Bolsa Avenue, Suite 201 --- ---- Huntington Beach, CA 92649 . INSURERS --- — INSURERC. ' �T�j PJA COM9NED SINGLE LIMIT (Eaacddent) E INSURERD_ BODILY INJU_Ry (Per der I) PROPERTY DAMAGE (PER ACCIDENT) E INSURERE: 1 • - n 7Y NSURER F ODVEHAGES CERTIFICATE NUMBER: RFVISICIN NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. —. _ __I ,NSR TYPE OF INSURANCE�jA LTR -. __. _. — — _ PpLICY NUMBER POLJCV EFF PSLill EXP MID MM Dm __ LIMITS _GENERAL LIABILITY EACH OCCURRENCE Santa Ana, CA 92701 DAM�f6RERTE� -PREMISES EaocwrrmmL� COMMERCIAL GENERAL LIABILITY CLAIMSMADE� J OCCUR MED EXP (Any ale per®n) $ PERSONAL B ADV INJURY _ s GENERAL AGGREGATE S ' I ~ PRODUCTS - COMPIOP AGG S GEN'L AGGREGAT POLICY. E LIMIT APPLIES PER: PRO- I LOC S AUTOMOBILE LIABILITY ANY AUTO ALL SCHEDULED ALMS HIREDAUTOS APPROVED/A� To F 1 / ' �T�j PJA COM9NED SINGLE LIMIT (Eaacddent) E BODILY INJURY(Perpamon) E BODILY INJU_Ry (Per der I) PROPERTY DAMAGE (PER ACCIDENT) E NON-0WNEO ALTOS ISTORCK I I - - — E UMBRELLA LIAB OCCUR Assistant Citi Df EACH OCCURRENCE S EXCESS LIAB CLAIMS -MADE _ AG_GREGATE _-+ DEDUCTIBLE — --- RETENTION $- E WORKERS COMPENSATION RNDEYPLOYERS'LIABIIITV VIN ANY PROPRIETORIPARTNERIEXECUTIVEE.L OFFICERNEMBER EXCLUDED? �iN/A'', (MaWMery in NH) If yyeadesmbe under 'DE SCRIPTCN OF OPERATIONS below V,C STAN- TH- T Imo. . EACH ACCIDENT — _ is E.L. DISEASE - EA EMPLOYEE S - -.. .. E.L. DISEASE - POLICY LIMIT S A REAL ESTATE MPLK102807414 05722/2074 05122(2015 '',Claim 2,000,0 ERRORS R OMISSIONS CLMS MADE:$25K RETENTION Aggregate 2,000,OOC DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Afton ACORD 101, Additional Remarks Schedule, If mon .pace ie requLedl Evidence of in -force coverage. CERTIFICATE HOLDER CANCELLATION ATION SANTAAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTTHR OF�¢ED REPRESENTATNE ,Qp Santa Ana, CA 92701 ©1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD PARMICILL PARTNERS A...2011 -036.-(7'I REVIEWED BY' EUNICE HE.REDIA (PG. 1 Of 23) OP ID: SN CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 01/13/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Dougherty Company, Inc. P.O. BOX 7277(A/C, Long Beach, CA 90807 Richard Lindgren CONTACT NAME: Sylvia N@ISOs PHONE FAX No Ext): A/C, No: E-MAIL ADDRESS: Sylvia@doughertyins.com PRODUCER PARAG-3 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE MAIC # INSURED Paragon Partners Ltd. INSURER A: Hartford Insurance Company 29424 5762 Bolsa Avenue, Suite 201 Huntington Beach, CA 92649 INSURER B: Lloyds of London 112300 --- X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® OCCUR INSURER C INSURER D 72UUNPR1964 INSURER E : 01/01/2016 INSURER F MED EXP (Any one person) $ 10,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1CY �TR TYPE OF INSURANCE AD WVD UBR POLICY NUMBER EFF MM% POLIDIYYYY POLICY EXP MMI D/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® OCCUR X 72UUNPR1964 01/01/2015 01/01/2016 DA AGE TOR PREMISES Ea occurrence $ 300,00 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,00 X Contractual _ _ Deductible -0- GENERAL AGGREGATE $ 2,000,00 GENI AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $ 2,000,00 PE LOC X POLICY Ll $ A AUTOMOBILE LIABILITY ANYAUTO X 72UUNPR1964 01/01/2015 01/01/2016 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 — BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE $ (PERACCIDENT) X NON -OWNED AUTOS $ X I Deductible -0- INSD OWNS -0- AUTOS $ X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 A EXCESS LIAB CLAIMS -MADE 72RHUPR1858 01/01/2015 01/01/2016 DEDUCTIBLE $ X RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICER/MEMBER EXCLUDED? r --1N (MandatoryinNH) / A 72WENG6914 ALL STATES EMPLOYERS LIA STOP GAP 01/01/2015 01/0112016 X I WC STATU- OTH- TORY LIMITS I I ER E.L. EACH ACCIDENT $ 1,000,00 — E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I $ 1,000,000 B Real Estate MPLK102807414 05/22/2014 05/22/2015 Claim: 2,000,000 Errors & Omissions CLMS MADE:$25K RETENTION Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Santa Ana, its officers, employees, agents, volunteers and representatives are named Additional Insured for Auto and General Liability as respects operations of the Named Insured. Coverage is primary and non- contributory. ENDORSEMENTS ATTACHED. 30 days written notice of cancellation applies except 10 days notice for nonpayment of premium. t t—K 111 -I -A I t NULLJtK L;AN(;tLLA I IUN SANTAA2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Santa Ana, et al ACCORDANCE WITH THE POLICY PROVISIONS. per Written contract 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 O 1988-2009 ACORD CORPORATION. All rights reserved. Policy number 72UDNYQl964 \anuue provisions in this policy restrict coverage. Read the entire policy carefully to determine hghts, duties and what ioand ionot covered. Throughout this policy the words "you" and "your" refer to the Named Insured abovvn in the Deo|anatione, and any other person or organization qualifying as a Named Insured under this policy. The words ''we^. ^um^ and ''our" refer to the stook insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying nasuch under Section U—Who |aAoInsured. Other words and phrases that appear in quotation marks have special meaning. Refer toSection \J—Definidona. SECTION i—COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes |ego|k/ obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or"property damage" 0u which this insurance does not apply. We may, at our disonedon, investigate any "occurrence" and settle any claim or''euit"that may result. But: (1) The amount we will pay for damages is limited as described in Section U| — Limits Of Insurance; and CQ Our right and duty to defend ends when we have used upthe applicable limit ofinsurance in the payment ofjudgments orsettlements under Coverages AorBormedical expenses under Coverage C. No other obligation or liability to pay sums or perform acts orservices iocovered unless explicitly provided for under Supplementary Payments — Coverages /kand B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by on "occurrence" that takes place i the "coverage territory"; PARAGON PARTNERS A,2O11-O5S-01 REVIEWED BY� &~�� Paragon Partners Ltd. (2) The "bodily injury" or"property damage" occurs during the policy period; and (3) Prior to the policy pehod, no insured |iob*d under Paragraph 1. of Section || —VVho Is An Insured and no''emp|oyee"authorized byyou tu give or receive notice of an "occurrence" or c|aim, knew that the "bodily injury" or "property damage" had 000unnd, in whole or in port. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or"property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior tothe policy period. c. "Bodily injury" or"property damage" will bedeemed to have been known to have occurred at dna earliest time when any insured listed under Paragraph 1. of Section U —VVho Is An Insured or any "employee" authorized by you to give or receive notice ofan''oonurnynco''orclaim: (1) Reports all, or any part. of the "bodily injury" or "property damage" touaorany other insurer; (%) Receives a vvh#on or verbal demand or claim for damages because of the "bodily irjury" or "property damage'';or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred orhas begun tooccur. d. Damages because of "bodily injury" include damages claimed byany person ororganization for uan*. |oaa of services or death n*nu|dnQ atany time from the "bodily injury". e. Incidental Medical Malpractice (1) "Bodily injury" arising out ofthe nandmhnQ of or failure to render professional health care services as u phyoicion, denbst, nurna, emergency medical technician or paramedic eho|| be deemed to be caused by on "ocourrence''.but only if: (a) The phyoician, dondst, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation ofproviding such services. EUN|CEHEBED|A (PG 2of23) ^� ~_ HG8DO1O6O5 Page 1mf18 @2005 The Hartford (includes copyrighted material of Insurance Services Office, Inc. with its permission.) (2) For the purpose of determining the limits of insurance for incidental medical ma|pnaoUoo, any act oromission together with all related acts or omissions in the furnishing of these services 07 any one person will be considered one "occurrence". 3. Exclusions This insurance does not apply to� o. Expected OrIntended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force toprotect persons orproperty. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply toliability for damages: (1) That the insured would have in the absence of the contract oragreement; or (2) Assumed in ocontract oragreement that is an "insured con{roct", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured oontneot", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of"bodily injury" or"property damage", provided: (a) Liability to such party for, orfor the cost of, that party's defense has also been assumed inthe same "insured oontreot";and (b) Such attorney fees and litigation expenses are for defense ofthat party against acivil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. C. Liquor Liability "Bodily injury" or "property damage" for which any insured may beheld liable byreason of: (1)Causing orcontributing tmthe intoxication ofany person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age orunder the influence ofalcohol; or (3) Any abatute, ordinance or regulation relating to the ao|e. gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufaotuhnQ, distribubnQ, selling, serving orfurnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compeoaeUon, disability benefits orunemployment compensation law orany similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and inthe course of: (a) Employment bythe insured; or (b) Performing duties related to the conduct of the ineurod'sbusiness; or (2) The opouse, chi|d, purent, brother or sister of "employee"th�t "*mp|oyeeaa a consequence of Paragraph (1)above. This exclusion applies: (1) Whether the insured may be liable as an employer orinany other capooity;and (2) To any obligation to share damages with or repay someone else who must pay damages because ofthe injury. This exclusion does not apply to liability assumed bythe insured under an"insured oontrad.. f. Pollution (1) "Bodily injury" ur"property damage" arising out of the actua|, alleged or threatened dioohargo, diopema|, seepage, mignatiun, release or escape of"poUutanta^: (a) At or from any pramiaeo, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. Huvvomar, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by umoke, fumen, vapor orsoot produced by or originating from equipment that iuused baheat, cool or dehumidify the bui|ding, or equipment that is used to hmod water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property domeQ*^ for which you maybe held |iab|e, if you are a contractor and the owner or |eoeae of such promiuea, site orlocation has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premisey, site or location and such premises, site orlocation ianot and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or ~ EUMICEHERED|A (PG.3uf23) u^ � Page 2 of 18 HG 00 01 06 05 (iii) "Bodily injury" or "property damage" arising out ofheat, smoke or fumes from a"hostile fire"; (b) At or from any pnemiaea, site or location which is or was at any time used byorfor any insured or others for the hand|ing, storoge, diopoma|, processing or treatment of wanna� . (c) Which are or were at any time trunaportod, hand|ed, uhored, tr*uted, disposed of, or processed oowaste byorfor: (i) Any insured; or (ii) Any person or organization for whom you may bolegally responsible; (d) Atorfrom any premiaea, site or location on which any insured or any oonbadom or subcontractors working directly or indirectly on any ineured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such inouned, contractor or subcontractor. Howewar, this subparagraph does not apply (D "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal e|ectrioa|, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its partm, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to ho|d, otuno or receive them. This exception does not apply if the "bodily irjury''or"property damage" arises out of the intentional diooharge, dispersal or release of the fuels, lubricants or other operating f|uidn, or if such fuo|a. lubricants or other operating fluids are brought on or to the pnemiama, site or location with the intent that they be discharged, dispersed orreleased oopart of the operations being pedbrn*6 by such inaunad, contractor or subcontractor; (Q "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf byo contractor orsubcontractor; or (iii) "Bodily injury" or ''property damage" arising out ofheat, smoke orfumes from e"hostile fire";or PARAGON PAR-FNERS A-201 1-056-01 REVIEWED BY: (e) Adorfrom any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insurod'a behalf are performing operations if the operations are to test for, moni\nr, clean up, remove, oontain, koat, detoxify or neutralize, or in any way respond to, orassess the effects of, "po||utante" (2) Any loss, cost or expense arising out of any: (a) Request, domand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, romove, oontain, treat, detoxify or noutna|ize, or in any way respond to, orassess the effects of, "pollutants"; or (b)Claim orsuit byoronbehalf of governmental authority for damages because of testing for, monihzhng, cleaning up, nemoving, contoining, baoting, detoxifying or n*u\ra|izing, or in any way responding to, or assessing the effects of. However, this paragraph dmao not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demnnd, order or statutory or regulatory requirement, or such claim or^auit"byoronbehalf ofagovernmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" m"property damage" arising out of the ownenahip, maintenance, use orentrustment 10 othersof any aircraft,"auto"or watercraft owned or operated byorrented or loaned to any insured. Use includes operation and "loading orun|oading'^ This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that inaured, if the "oonurrenoe" which caused the "bodily irjury" or "property damage" involved the ovvnemhip, mointenanoe, use or entrustment to others of any uin:nsft. "auto" or watercraft that is owned or operated byorrented orloaned toany insured. This exclusion does not apply to: (i) Awatercraft while ashore on premises you own or rent; (2)Awatercraft you donot own that is: (a) Less than 51 feet long; and (b) Not being used to oeny persons for o charge; (3) Parking an "auto" on, or on the ways next to, premises you own orrent, provided the "ambo"io not owned ou or the insured;' ' EUN|CEHEREDL4 (p�,4of23) HGU00iD6U5 Page 3 o 18 WU Liability assumed under any "insured contract" for the ownemhip, maintenance or use of aircraft orwatercraft; (5) "Bodily injury" or"property damage" arising out ofthe operation ofany ofthe equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment''; or (G) An aircraft that ianot owned byany insured and is hired, chartered orloaned with a paid crew. Howmver, this exception does not apply if the insured has any other insurance for such "bodily irjury" or"property demage''. whether the other insurance is phmmry, exoeao, contingent oron any other basis. "Bodily injury" or"property damage" arising out of: (1) The transportation of "mobile equipment" by on ^outo^owned oroperated byorrented orloaned toany insured; or (2) The use of"mobile equipment" in, orwhile in pnanbo* for, or while being prepared for, any prearranged reoing, npeed, domo|ihon, or stunting activity. L War "Bodily injury" or "property dmmage^, however caused, arising, directly orindirectly, out of: (1) VVar, including undeclared orcivil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attook, by any government sovereign or other authority using military personnel orother agents; or (3) |naumsotimn, rebe|Uon, revolution, usurped power, or action taken by governmental authority in hindering ordefending against any of these. j. Damage ToProperty "Property damage" to: (1) Property you own, rent, oroccupy, including any costs or expenses incurred by you, or any other peraon, organization or entity, for repair, replacement, enhenoement, ros0znadnn or maintenance of such property for any romaon, including prevention of injury to a person or damage toanother's property; (2) Premises you oeU, give away or abandon, if the "property damage" eriame out of any pod of those premises; (3) Property loaned (uyou; (4) Personal property inthe care, custody orcontrol of the insured; (5) That particular part of real property on which you or any contractors or subcontractor PARAGON PARTNERS A-201 1-056-01 REV|EVVEOBY� /IZ~ working directly orindirectly on your behalf are performing operations, ifthe "property damage" arises out ofthose operations; or (8) That particular part ofany property that must be reetored, repaired or replaced because "your work" was incorrectly performed onit. Paragraphs (1), (3) and (4) of this exclusion do not apply to"property damage" (other than damage by fire) to premioea, including the contents of such pnemi000, rented to you fora period of or fewer consecutive days. A aeponsba limit of insurance applies toDamage ToPremises Rented ToYou ae described inSection III — Limits {fInsurance. Paragraph (2)nfthis exclusion does not apply ifthe premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion du not apply to "property damage" arising from the use of elevators. Paragraphs (3)' (4)' (5) and (8) of this exclusion do not apply to liability assumed under a sidetrack agreement, Paragraphs (3) and (4) of this exclusion do not apply 0n"property damage" toborrowed equipment vvhi|a not being used to perform operations e1the job site. Paragraph (H) of this exclusion does not apply hu "property damage" included in the ''pnoducts- oomp|eb*doperations hazapd" "Property damage" to"your product" arising out ofit or any part of it. "Property damage" 0z"your work" arising out ofhor any part of it and included in the ^prndudu- cnmp|ehedoperations hazand^ This exclusion does not apply ifthe damaged work or the work out nfwhich the damage arises was performed onyour behalf byesubcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically irjured, arising out of: (1) Adefect. deficiency, inadequacy ordangerous condition in"your product" or"your wnrk";or (2) Ade|ay or failure by you or anyone acting on your behalf to perform a contract or agreement inaccordance with its terms. This exclusion does not apply tothe loss ofuse of other property arising out ufsudden and accidental physical injury to "your product" or "your work" after khas been put toits intended use. EUN|CEHERED|A (PG 5of23) Page 4 of 18 HG 00 01 06 05 Recall Of Products, Work Or Impaired Property Damages claimed for any |oaa, noai or expense incurred by you or others for the loss of use, withdrawal, reoaU, inapeotiun, napair, replacement, adjustment, removal ordisposal of: (1) "Your product"; (2) "Your vmrk";or (3) "Impaired property"; if such product work or property is withdrawn or recalled from the market orfrom use byany person or organization because of known or suspected defeot, defioionoy, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out cfthe |oao of, |oam of use of, damage to, corruption of, inability to eoueoo. or inability to manipulate electronic data. As used in this exouokon, electronic data means infomnahon, facts or programs stored as or on, created or used on, or transmitted to or from computer ooftware, including systems and applications soMm/ane, hard or floppy disks, CD- ROyWS^ tepea, driveo, oe|ia' data processing devices or any other media which are used with electronically controlled equipment. q. Employment -Related Practices "Bodily injury" to: (1) A person arising out of any "employment— related practices"; or employment—relatedpnaoUoeo";or (2) The apnuae, chi|d, parent brother or sister of that person as o consequence of "bodily injury" to that person at whom any "employment- related practices" are directed. This exclusion applies: (1) Whether the insured may be liable as on employer orinany other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because ofthe injury. r. Asbestos (1) "Bodily injury" or"property damage" arising out ofthe "asbestos hozard" (2) Any damages, judgments, oaU|amenia. loss, costs orexpenses that: (a) May be awarded or incurred by namoon of any claim or suit alleging actual or threatened injury nrdamage ufany nature PARAGON PARTNERS A-2011 -056-01 REVIEWED BY� kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; . (b) Arise out ofany request, demnnd, order or statutory or regulatory requirement that any insured or others bast for, monitor, clean up' remove, enoapsu|a0a, oontain, treot, detoxify or neutralize or in any way respond to or oaoees the effects of an "asbestos hazard"; or (c) Arise out ofany claim nrsuit for damages because of testing for, monUnhng, cleaning up, remmvinQ, enoapau|ahng, oonbaining, treadng, detoxifying or neutralizing or in any way responding to or assessing the effects ofon"asbestos hazard^ Damage To Premises RanhadTuYou—ExcepUon For Damage By Fire, Lightning OrExplosion Exclusions o. through h. and j. through n. do not apply to damage by fire, lightning or explosion to premises while rented toyou ortemporarily occupied byyou with permission of the owner. /\ separate limit ofinsurance applies tothis coverage aodescribed in Section UI— LimitoOf|naunanoo. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement u. We will pay those sums that the insured becomes |*Qa||y obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any ^euiy' seeking those damages. However, we will have no duty to defend the insured against any ''auiL^ seeking damages for "personal and advertising irjury" to which this insurance does not apply. We may, at our diooretion, investigate any offense and settle any claim or "suit" that may result. But: (1)The amount we will pay for damages is limited as described in Sectio N — Umde Of Insurance; and (2) Our right and duty todefend end when wmhave used up the applicable limit ofinsurance in the payment of judgments or settlements under Coverages Aor B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts orservices iucovered unless explicitly provided for under Supplementary Payments — Coverages Aand B. b. This insurance applies k/"personal and advertising injury" caused by on offense arising out of your business but only ifthe offense was committed in the "coverage territory" during the policy period. //X/EU0�CEHEREOIA (PG� 8of23) ~� HG 00 0106 05 Page 5 of 18 2. Exclusions This insurance does not apply to: o. Knowing Violation OfRights OfAnother "Personal and advertising injury" arising out ofan offense committed by, at the direction or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury" b. Material Published With Knowledge OfFalsity "Personal and advertising injury" arising out oforal, written or electronic publication of motoria|, if done by or at the direction of the insured with knowledge ofits falsity. o. Material Published Prior To Policy Period "Personal and advertising injury" arising out oforal, vvh0en or electronic publication ofmaterial whose first publication took place before the beginning of the policy period. d. Criminal Acts "Pmceona| and advertising irjury" arising out of o criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply ioliability for damages that the insured would have in the absence ofthe contract oragreement. tBreach OfContract "Personal and advertising injury" arising out of o breach of contract, except an implied contract to use another's "advertising idea" inyour ''advortieemant' g. Quality Or PerformnanceOfGpmda—Fai|ureTo Conform ToStatements "Personal and advertising injury" arising out of the failure of goodo, products or aarvioae to conform with any statement of quality or performance made inyour "advedieemwnt" h. Wrong Description 0fPrices "Personal and advertising injury" arising out ofthe wrong description of the price ofgoods, products or services. i. Infringement OfIntellectual Property Rights "Personal and advertising injury" arising out ofany violation of any intellectual property rights such as copyrght, paLent, trademark, trade name' trade seon*t, service mark or other designation of origin or authenticity. Howevor, this exclusion does not apply to infringement, inyour ^adverdsmm*n1^.of: (1) Copyright; PARAGON PARTNERS A-201 1-056-01 REV|EVVEDBY�/^�7 �~ (2) Slogon, unless the slogan is also etrademark trade nome, service mark orother designation oforigin orauthenticity; or (3)Title ofany literary orartistic work. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Adverdsing, broadcasting, publishing or telecasting; (2) Designing or determining content of web uibao for others; or (3) An Internet ooanoh, aooeoa, content or service provider. Howevor, this exclusion does not apply to Paragraphs 17.a, b. and o. of "personal and advertising injury" under the Definitions Section. For the purposes of this oxc|uaion, placing an "advertisement" for or linking to others on your web site, by itself, is not considered the business of advertising, broadcasting, publishing nrtelecasting. k. Electronic ChatmpomaOrBulletin Boards "Poraone| and advertising injury" arising out of an electronic chmtroom or bulletin board the insured hoeto, ovvnu, or over which the insured exercises control. |. Unauthorized Use Of Another's Name Or Product "Personal and advertising irjury" arising out of the unauthorized use of another's name or product in your e-mail eddraoa, domain name ormetotags. or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened diaohurge, dispema|, aeepage, mignation, release or escape of "pollutants" atany time. n. Pollution -Related Any loss, cost orexpense arising out ofany: (1) Requeot, demand, order or statutory or regulatory requirement that any insured or others heat for, moniior, dean up, nemove, oontsin, treat detoxify or neuUa|ize, or in any way respond to, or assess the effects of, "Pollutants"; or (2) Claim or suit byormn behalf ofe governmental authority for damages because of testing for, monitohnQ, cleaning up, removinQ, nonbaining, truodng, detoxifying or neutna|izjng, or in any way responding to, or assessing the effects of, "pollutants". EUN|CE HERED<A (PG 7 of 23) ��� �_ Page 6 of 18 HG 00 0106 05 "Personal and advertising irjury^ however caused, arising, directly orindirectly, out of: (1) War, including undeclared orcivil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, byany government, sovereign or other authority using military personnel orother agents; or (3) Insurrection, rabeUion, revo|uUmn, usurped powor, or action taken by governmental authority in hindering ordefending against any ofthese. p. Internet Advertisements And Content CROthers "Personal and advertising injury" arising out of: (1) An''advertioement^for others onyour web site; (2) Placing a link to o web site of others on your web site; (3) ContenL, including infonnotiuo, aounde, hax1, graphioo, or images from a web site of Mhom displayed within o frame or border on your web site; or (4) Computer code, software or programming used to enable: (m) Your web site; or (b) The presentation or functionality of on "advertisement" or other content on your web site. q. Right Of Privacy Created By Statute "Pomono| and advertising injury" arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence ofsuch state orfederal act. r. Violation Of Anti -Trust |avv "Personal and advertising injury" arising out of m violation ofany anti-trust law. s. Securities "Personal and advertising injury" arising out of the fluctuation in price or value of any ahouke, bonds or other securities. t. Discrimination Or Humiliation "Personal and advertising injury" arising out of discrimination orhumiliation committed byoratthe direction of any "executive officer", director, stockholder, partner urmember ofthe insured. m. Employment -Related Practices "Personal and advertising injury" to: (1) A person arising out of any ^emp|oym related precbces'';or PARAGON PARTNERSA-2Q11-856'O1 REVIEWED BY (2) The spouse, ohild, parent, brother or sister of that person aoaconsequence of"personal and advertising irjuryy to that person at whom any "employment-related practices" are directed. This exclusion applies: (1) Whether the insured may be liable as an employer orinany other capacity; and (2) To any obligation to share damages with or repay someone o|oe who must pay damages because nfthe injury. v. Asbestos (1) "Personal and advertising injury" arising out of the "asbestos hazard^ (2) Any domageo, judgments, settlements, |oeo. costs orexpenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury ordamage ofany nature or kind to persons orproperty which would not have occurred in whole or in part but for the "asbestos hazard"; (6) Arise out ofany requeot, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, ennapou|ote, ooniain, treat, detoxify or neutralize or in any way respond to or assess the effects of an ''uebeotoo hazard"; or (c) Arise out of any claim orsuit for damages because of testing for, moniboring, cleaning up, namoving, enoapau|atinQ, containing, headng, detoxifying or neutralizing or in any way responding to or assessing the effects ofao"asbestos hazand" COVERAGE CMEDICAL PAYMENTS i. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused byanaccident: (1) Dnpremises you own orrent; (2) On ways next to premises you own or rent; or (3) Because ofyour operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported ioua within three years of the date of the accident; and (3) The injured person submits to *xomina(ion, at our expono*, by physicians of our choice as often aaworeasonably require. EUN�CE HERED|A (PG. @ of 23) HG0U0iNG05 Page 7mf1B b. We will make these payments regardless of fault. These payments will not exceed the applicable limit ofinsurance. VVowill pay reasonable expenses for: (1) First aid administered otthe time of an accident; (2) Necessary medioo|, ourgioa|, x-ray and dental aeniren, including prosthetic devices; and (3) Necessary ambu)anoe, hospital, professional nursing and funeral services. VVewill not pay expenses for "bodily in]ury": a. Any Insured Toany insured, except "volunteer workers" b. Hired Person Toaperson hired hodowork for or on behalf of any insured oratenant ofany insured. o. Injury OnNormally Occupied Premises To a person injured on that part ofpremises you own orrent that the person normally occupies. d. Workers Compensation And Similar Laws To a pemon, whether or not an "employee" of any insured, ifbenefits for the "bodily injury" aro payable or must be provided under workers' compensation ordisability benefits law ormsimilar law. e Athletics Activities To a person injured while pneuhcing, instructing or participating in any physical exercises or games, eporta, orathletic contests. t Prod ucts-Commp|ededOperations Hazard Included within the "prod uots-oomp|eted operations g. Coverage /kExclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES AAND B i. VVewill pay, with respect toany claim vveinvestigate nr settle, nrany ''auit''against aninsured wedefend: a. All expenses weincur. on 2. rq Up to $1.800 for cost of bail bonds required because ofaccidents ortraffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have tofurnish these bonds. The cost of appeal bonds or bonds to release attaohmenta, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to mmniot us in the investigation or defense of the claim or ''ouit'', including odue| |oae of earnings up to $500 u day because of time from work. ARTNERS A-2011-056'01 REV|EVVEOBY� e. All costs taxed against the insured in the "suit". f. Prejudgment interest awarded against the insured onthat part ofthe judgment wepay. ifwamake an offer kzpay the app|iomb|elimit ofinsurance, wmv�U not pay any pn�udgment interest based on that period oftime after the offer, g. All interest on the full amount ofany judgment that accrues after entry ofthe judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits ofinsurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "ouit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee inacontract oragreement that iman "insured contract"; b. This insurance applies tosuch liability assumed by the insured; o. The obligation hodefend, orthe cost ufthe defense of, that indemnitee, has also been assumed by the insured inthe same "insured oontrac�� . d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask uetoconduct and nonhn| the defense of that indemnitee against such "aub^and agree that wecan assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees inwriting to: (a) Cooperate with us in the investigation, settlement ordefense ofthe "uud^� . (b) Immediately send us copies of any demends, nndoes, summonses or legal papers received inconnection with the ^ouit"; (c) Notify any other insurer whose coverage is available tothe indemnitee; and (d) Cooperate with us with n*apeo1 to coordinating other applicable insurance available to the indemnitee; and (2) Provides uewith written authorization to: (a) Obtain records and other information related tothe "sui('';and (b) Conduct and oonbn| the defense of the indemnitee in such ''suit". Solong zs the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, EQN|CEHEREDfA (PG,9of23) Page 8 of 18 HG 00 0106 05 necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section i — Coverage A — Bodily Injury And Property Damage Liabi|ity, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits ofinsurance. Our obligation to defend an inaurad'a indemnitee and to pay for attorneys' fees and necessary litigation expenses aoSupplementary Payments ends when: a. We have used up the applicable limit ofinsurance inthe payment ofjudgments orsettlements; or b. The conditions set forth above, or the terms of the agreement described inParagraph tabove, are no longer met. SECT|ONM—VVHO|S AN INSURED 1. If you are designated in the Declarations as: a. An individua|, you and your spouse are insureds, but only with respect to the conduct ofa business ofwhich you are the sole owner. b. A partnership or joint venture, you are an insured. Your membem, your padnero, and their spouses are also inouredo, but only with respect to the conduct cfyour business. c. A limited liability oompany, you are an insured. Your members are also inauredn, but only with respect to the conduct of your business. Your managers are ineunedo, but only with respect to their duties oeyour managers, d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are innurods, but only with respect to their duties as your officers or directors. Your stockholders are also inouneda, but only with respect to their liability as stockholders. e. Atruat. you are an insured. Your trustees are also inuuredu, but only with respect to their duties as 2. Each ofthe following isalso oninsured: a. Employees and Volunteer workers Your "volunteer workers" only while performing duties related to the conduct of your buoinenm, or your "employees", other than either your "executive officers" (if you are an organization other than a padnemhip, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related tothe conduct ofyour business. PARAGON PARTNERS A-201 1 -056-01 REV0NED By. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability nompeny), to e co -"employee" while in the course of his or her employment or performing duties naia8ad to the conduct of your busineoa, or to your other "volunteer workers" while performing duties related to the conduct ofyour business; (b) Tothe spouse, child, parent, brother nrsister of that co -"employee" or that "volunteer worker as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a)or(b) above; or (d)Arising out ofhis orher providing orfailing to provide professional health care services. If you are not in the business of providing professional health oona services, Paragraph (d) does not apply to any numo, emergency medical technician or paramedic employed by you toprovide such services. (2) "Property damage" toproperty: (a) Owned, occupied or used by, 8d Rented to, in the oare, custody orcontrol of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer wmrkera", any partner or member (if you are o partnership or joint ven\ure), or any member (if you are a limited liability company). Any person (other than your "employee" or "volunteer wmrkerl, or any organization while acting aoyour real estate manager. Any person or organization having proper temporary custody ofyour property ifyou dka, but only: (i) With respect to liability arising out of the maintenance oruse ofthat property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with apeotto duties as such. That representative will d EUN|CE HERMA (PG 10 of 23) HGQ08106O5 Page 9of18 have all your rights and duties under this Coverage Pert. Any subsidiary, and subsidiary dhereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 5096 of the voting stock nnthe effective date ofthe Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Pad is also on insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. Any organization you newly acquire orform, other than apartnership, joint venture orlimited liability company, and over which you maintain financial interest ofmore than 50% ofthe voting etonk, will qualify as a Named Insured if there is no other similar insurance available tothat organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever isoar|ier� . b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired orformed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the With respect \n"mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along epublic highway with your permission. Any other person or organization responsible for the conduct of such person isalso oninsured, but only with respect bo liability arising out ofthe operation of the equipment, and only if no other insurance of any kind is available tothat person ororganization for this liability, However, noperson ororganization ivaninsured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, imthe charge oforoccupied byyou orthe employer of any parson who is on insured under this provision. PARAGON PARI A-201 1-056-01 REVIEWED BY, 5. NpnownedVVaharcraft With respect to watercraft you do not own that in |aoa than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also on innured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance ofany kind is available to that person or organization for this liability. Mowever, no person or organization is an insured with respect to: u. "Bodily injury" to o co -"employee" of the person operating the watercraft; or b. "Property damage" toproperty owned by, rented to, inthe charge nforoccupied byyou orthe employer of any person who is an insured under this provision. GL Additional Insureds When Required By Written Contract, Written Agreement OrPermit The following person(s) or organization(s) are an additional insured when you have agreed, inawritten contract, written agreement or because of a permit issued by a state or political subdiviainn, that such person or organization be added as an additional insured on your policy, provided the injury or damage uoouro subsequent to the execution of the contract or agreement. Aperson ororganization isanadditional insured under this provision only for that period of time required by the contract oragreement. However, nosuch person ororganization iaoninsured under this provision if such person or organization is included as an insured by an endorsement issued by uaand made apart ofthis Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" mr"property damage" arising out of"your products" which are distributed or sold in the regular course ofthe vendor's business and only ifthis Coverage Pad provides coverage for "bodily injury" or "property damaga" included within the "produoia- comp|e1edoperations hazard" (1) The insurance afforded the vendor io subject to the following additional exclusions: This insurance does not apply to: (m) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in m contract or agreement. This exclusion does not apply to liability for damages that the vendor would have inthe absence of the contract or agreement; EUN|CEHEREQLA (PG, 11 of 23) (b) Any express warranty unauthorized byyou; (c) Any physical or chemical change in the product made intentionally bythe vendor; (d) Repackaging, except when unpacked ou|e|y for the purpose ofinspection, demonstration, teadng, or the substitution of parts under instructions from the manufacturer, and then repackaged inthe original container; (e) Any failure to make such inepecdona, adjustments, tests orservicing aothe vendor has agreed to make ornormally undertakes to make in the usual course of business, in connection with the distribution or aa|o of the products; UD Demonstration, instaUahon, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale ofthe product; (Q) Products which, after distribution or sale by you, have been labeled or relabeled or used an o container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own uoto or omissions or those of its employees or anyone o|ae acting on its behalf. Hovvevor, this exclusion does not apply to: (I) The exceptions contained in Sub- paragraphs (d)ur(f);or (ii) Such inspections, ad]uebnanks, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of buoineao, in connection with the distribution orsale of the products. (2) This insurance does not apply to any insured person or orgonization, from whom you have acquired such pnoducte, or any ingredient, part or nonteiner, entering into, accompanying or containing such products. b. Lessors of Equipment (1) Any person or organization from whom you |oeae equipment; but only with respect to their liability for "bodily irjuryy. "property damage" or "personal and advertising injury" cauaed, in whole orinpart, byyour maintenance, operation or use of equipment leased to you by such person ororganization. (2) With respect tothe insurance afforded to these additional insureds this insurance does not apply to any ''000urnenoe, which takes p|oce after the equipment lease expires. PARAG{]NPAFTNERS A-2011-056-01 REVIEWED BY: c. Lessors wfLand mvPremises Any person ororganization from whom you lease land or pnemiaoa, but only with respect to liability arising out ofthe owmerohip, maintenance or use of that part ofthe land orpremises leased tuyou, With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease iolease that land; or 2. Structural a|0anadona, new construction or demolition operations performed byoron behalf ofsuch person ororganization. d. Architects, Engineers orSurveyors Any architect, engineer, msurveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" oauaed, in whole or in part, by your acts or omissions or the ads or omissions of those acting onyour behalf: (1) |nconnection with your premises; or (2) In the performance of your ongoing operations performed byyou oronyour behalf. With respect to the insurance afforded these additional innurede, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services byorfor you, including: 1. The prepahng, opprnvng, or failing to prepare or approve, mopn, shop drowings, opinions, reporto, ourveya, field orders, change orders or drawings and specifications; or 2. Supen/ieory, inapeodon, anohihaduna| or engineering activities. m. Permits Issued By State Or Political Subdivisions Any state or political aubdiviniun, but only with respect tooperations performed by you or on your behalf for which the state or political subdivision has issued epermit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury". "property damage" or"personal and advertising injury" arising out of operations performed for the state ormunicipality; or (2) "Bodily injury" or ''property damage" included within the "products -completed operations hazard" EUN|�EHEIRED|A (PG, 12uf23) �� HG 00 0106 05 Page 11 of 18 rAl Any other person or organization who is not an insured under Paragraphs a.through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in pari byyour acts or omissions or the acts or omissions of those acting onyour behalf: (1) |nthe performance ofyour ongoing operations; (2) In connection with your premises owned by or rented <oyou; or (3) /n connection with "your wmrk" and included within the "prod uoto-comp|e8ad operations hazand''.but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Pert provides coverage for "bodily injury" or"property damage" included within the "prod ucta-comp|eted operations hazard". With respect to the insurance effunjed to these additional inouroda, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out ofthe rendering of, or the failure to render, any professional architectural, engineering orsurveying services, including: (Y) The prepurng, approvng, or failing to prepare or approve, mape, shop dnswinga, opinione, reports, ounxaye. field orders, change orders or drawings and specifications; nr (2) Supervinory, inopection, architectural or engineering activities. The limits ofinsurance that apply toadditional insureds umdarthiepruvakzniadeonrbedinSeotionU|—Umhs Cf|naunsnoe. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section |V— Commercial General Liability Conditions. Noperson ororganization is an insured with respect to the conduct ofany current urpast partnership, joint venture or limited liability company that is not shown an o Named Insured inthe Declarations. 1. The Most We will Pay The Limits of Insurance shown inthe Declarations and the rules below fix the most we will pay regardless of the number of: a. |neunado� . b. Claims mode or "suits" brought; or PARAGON PARTNERS A-2811-DS6-U1 REVIEWED BY, c. Persons ororganizations making claims orbringing "oudo~ 2. General Aggregate Limit The General Aggregate Limit in the most we will pay for the sum of: a. Medical expenses under Coverage C; b Damages under Coverage A4 except damages because of "bodily injury" or "property damage" included in the "prod uote-oomp|ebad operations hazard"; and c. Damages under Coverage B. 3. Prod uots-Comp|eted Operations Aggregate Limit The Prod ucta-Comp|ehad Operations Aggregate Limit iathe most wewill pay under Coverage Afor damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Personal and Advertising Injury Limit Subject to 2. above. the Personal and Advertising Injury Limit is the most wewill pay under Coverage B for the num of all damages because of all "personal and advertising injury" sustained byany one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above,whichever applies, the Each Occurrence Limit is the most we will pay for the mum a. Damages under Coverage A;and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out ofany one ''oocumanoe^ Subject 0u5.above, the Damage ToPremises Rented TnYou Limit iathe most wewill pay under Coverage A for damages because of"property damage" hoany one premioes, while rented to you, or in the case of damage by fire, lightning or exp|oaion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire. lightning or explosion, the Damage to Premises Rented TuYou Limit applies bzall damage proximately caused bythe same event, whether such damage results from fire. lightning or explosion orany combination ofthese. Subject io5.above, the Medical Expense Limit isthe most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply ToAdditional Insureds If you have agreed in o written contract or written ment that another person or organization be /V^�/[ EUN|CEHERED|A (PG 13of23) Page 12 of 18 HG 00 0106 05 added as an additional insured on your pobny, the most wewill pay onbehalf nfsuch additional insured ie the lesser of: a. The limits of insurance specified in the written contract orwritten agreement; or b. The Limits ofInsurance shown inthe Declarations. Such amount shall be a pad of and not in addition to Limits of Insurance shown in the Declarations and described inthis Section. The Limits of Insurance of this Coverage Part apply separately toeach consecutive annual period and to any remaining period ofless than 12 munthe, starting with the beginning of the policy period shown in the Dec|mnaUono, un|oaa the policy period is extended after issuance for on additional period ofless than 12 months, In that case, the additional period will bedeemed part ofthe last preceding period for purposes ofdetermining the Limits ofInsurance. SECTION |V — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insuned's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, 0ffenee, C|minn Or Suit m. Notice OfOccurrence (Jr Offense You orany additional insured must see toitthat we are notified as soon as practicable of an 'boourrence" or an offense which may result in a claim. Tothe extent possible, notice should include: (1) Hmm, 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 ofany injury ordamage arising out ofthe "000urrenoe"nroffense. b. Notice 0fClaim If claim is made or ''auit" is brought against any insured, you orany additional insured must: (i) Immediately record the specifics of the claim or ^ouit'and the date received; and (2) Notify uoaysoon aspracticable. You orany additional insured must see toitthat we receive written notice of the claim or "suit" as soon as practicable. o. Assistance And Cooperation C>fThe Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notioeo, summonses or legal papers received in connection with the claim ur^muit"� . (2) Authorize us to obtain records and other,/, information; PARAGON PARTNERS A-201 1-056-01 REVIEWED BY� HG0@0fO8DG (3) Cooperate with us in the investigation or settlement of the claim ordefense against the "suit"; and WU Assist us, upon our request, in the enforcement of any right against any person ororganization which may be liable to the insured because of injury or damage towhich this insurance may also apply. d. Obligations pdThe Insureds Own Cost No insured will, except atthat inoured'n own coat, voluntarily make a payment, assume any ob|igetiun, or incur any expenoe, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a dahn or "suit" under this Coverage Part that may also becovered by other insurance available bzan additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity, Huwever, this provision does not apply to the extent that you have agreed in awhben contract or written agreement that this insurance is primary and non-contributory with the additional inourad'a own insurance. f. Knowledge Of An Ooourrenoe, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or''ouit"ioknown to: (1) You or any additional insured that is on individual; (2) Any partner, if you or on additional insured is e partnership; (3) Any manager, ifyou oranadditional insured isa limited liability company; (4) Any "executive officer" orinsurance manager, if you oranadditional insured isacorporation; (5) Any trustee, if you or an additional insured is a trust; or (G) Any elected or appointed offioai. if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has o right under this Coverage Part: a. To join us as m party or otherwise bring us into a ^suit"asking for damages from aninsured; or b. To sue um on this Coverage Port unless all of its terms have been fully complied with. Aperoon or organization may sue us to recover on an agreed settlement oron a final judgment against an insured; but we will not be liable for damages that are payable under the terms of this Coverage Part or EUN|CE HEBED|A (PG, 14of23) Page 13of18 that are in exo*ae of the applicable limit of insurance. Anagreed settlement means asettlement and release ofliability signed byus, the insured and the claimant or the claimant's legal representative. 4. Other Insurance Ifother valid and collectible insurance is available to the insured for a loss we cover under Coverages &or B of this Coverage Part' our obligations are limited as a. Primary Insurance This insurance is primary except when 6. below applies. Uother insurance is also primary, we will ahuna with all that other insurance by the method described inc.below. b. Exoeos|nsurance This insurance is excess over any of the other inauranm*, whether primary, exoeno, contingent or onany other basis: (1) Your Work That isFire, Extended Coverage, Builder's Risk, Installation Rink or similar coverage for "your (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented toyou ortemporarily occupied byyou with permission ofthe owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as o tenant for "property damage" to premises rented to you or temporarily occupied byyou with permission ofthe owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use ofaircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section |—Cov*nage A—Bodily Injury And Property Damage Liability; (5) Property QornaQe to Borrowed Equipment Or Use C)fElevators If the loss arises out of"property damage" to borrowed equipment or the use of elevators to the extent not subject toExclusion j.ofSection | ' Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured ToOther Insurance Any other insurance available to you covering liability for damages arising out ofthe premises or openadona, or products and completed operadona, for which you have been added an anadditional insured bythat insurance; or PA RAGON PARI NERS A-2011-056-01 REVIEM.E.D BY: (7) When You Add Others As An Additional Insured ToThis Insurance Any other insurance available to an additional insured. Howevor, the following provisions apply to other insurance available to any person or JLorganizohunwhoiuonaddibona|innunedunder this coverage part. (a) Primary Insurance When Required By Contract This insurance ioprimary ifyou have agreed in o written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described ino.below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written ngnyomont, or permit that this insurance is primary and non-contributory with the additional innurnd'aown insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added onanadditional insured. When this insurance is axnouo, we will have no duty under Coverages AorBtodefend the insured against any ^ouit'`ifany other insurer has aduty to defend the insured against that ^aoit' If no other insurer defends, we will undertake to do eu, but we will be entitled to the inoured'o rights against all those other insurers. When this insurance is excess over other insurance, wewill pay only our share ofthe amount ofthe loss, ifany, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the |oao in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining |000, if any, with any other insurance that isnot described in this Excess Insurance provision and was not bought specifically toapply inexcess ofthe Limits ofInsurance shown in the Declarations ofthis Coverage Part. hall ofthe other insurance permits contribution by equal shares, wewill follow this method also, Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the |000 nemains, whichever AcorrioafinaL Page 14 of 18 HG 00 0106 05 K any of the other insurance does not permit contribution by equal ahoreo, we will contribute by limits. Under this medhod, each insurer's ahopa is based on the ratio of its applicable limit of insurance tothe total applicable limits of insurance ofall insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part inaccordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the o|ooa of each audit period we will compute the earned premium for that period and send nndoo to the first Named Insured. The due doha for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess tothe first Named Insured. c. The first Named Insured must keep records of the information we need for premium oomputahnn, and send uscopies atsuch times aswemay request. 6. Representations a. When You Accept This Policy Byaccepting this policy, you agree: (1) The statements inthe Declarations are accurate and complete; (2) Those statements are based upon representations you made hous; and (3) VVehave issued this policy inreliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail todisclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Port, we shall not deny oov*nsg* under this Coverage Part because ofsuch failure. 7. Separation Of Insureds Except with respect to the Limits of |nounanoe, and any rights or duties specifically assigned in this Coverage Port tothe first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or''euit''iabrought. 8. Transfer Of Rights Of Recovery Against Others To Us Ifthe insured has rights torecover all orpart of any payment, including Supplementary Peymants, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the/ PARAGONPARTNERS A-2011-058-01 REVIEVVEDBY��~� HGODO1UGQ5 insured will bring "suit" or transfer those rights to us W and help uoenforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person ororganization for all orpart of any payment, including Supplementary Payments, wehave made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in e contract agreement orpermit that was executed prior tothe injury ordamage. S. When We OoNot Renew If we decide not to renew this Coverage Part, we will mail ordeliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mai|ed, proof of mailing will be sufficient proof ofnotice. SECTION Y/—DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the oo|e of Qoodu, products or services through: e. (1) Radio; (2) Television; (3) Billboard; NQ Magazine; (5) Newspaper; or b. Any other publication that in given widespread public distribution. However, "adverdaement^does not include: o. The design, printed material, information or images contained in, on or upon the packaging or labeling ofany goods nrproducts; or b. An interactive conversation between or among persons through ecomputer network. 2. "Advertising idea" means any idea for an 3. ^Aabeahze hazard" means on exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos inany form. 4. "Auto" means a land motor vehicle, trailer orsemitrailer designed for travel on public rueda, including any attached machinery orequipment. But "auto" does not include "mobile equipment" 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by o person and, if arising out ofthe above, Ix}anguiahorde�haienyhme. � EUN|CEHERED|A (PG1Sof23) �_� Page 15of18 G. "Coverage territory" means: a.The United States ofAmerica (including its territories and pooaeooiono), Puerto Rico and Canada; b. International vvoh*no or airapace, but only if the injury urdamage occurs in the course of travel or transportation between any places included in a. above;or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described inu.above; (2) The activities of person whose home is in the hani0mry described in n. oboma^ but is away for a short time onyour business; or (3) ''Perauno| and advertising injury" offenses that take place through the Internet or similar electronic means ofcommunication provided the innunad'a responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in o "ouiy'onthe merits according to the substantive law in such territory orinosettlement weagree to. 7. "Employee" includes a ^|oaaed worker". "Employee" does not include a "temporary worker". 8. ^Emp|oyment-Rn|atedPractices" means: a. Refusal hoemploy aperson; b. Termination ofaperson's employment; or o. Employment-related pranbcaa, po|icioe, ado or omissions, such oocoercion, demotion, evaluation, reassignment, diauip|inm, defamedion, harassment, humiliation ordiscrimination directed ataperson. 8. "Executive officer" means a person holding any ofthe officer positions created byyour charter, constitution, by-laws orany other similar governing document. 1U."Hostile fire" means one which becomes uncontrollable orbreaks out from where itwas intended tobe. 11.''|mpainad property" means tangible prnperty, other than "your product" or"your wmrk^.that cannot beused orialess useful because: a. hincorporates "your product" or"your work" that im known or thought to be defective, defioient, inadequate ordangerous; or b. You have failed to fu|5|| the terms of m contract or ifsuch property can berestored touse by: a. The repair, repJaoement, adjustment nrremoval of ^ your product" or"your wmrk"; or b. Your fulfilling the terms of the contract or agreement, 12."Insured contract" means: o.Acontract for olease ofpremises. However, that portion of the contract for e lease of premises that indemnifies any person nrorganization for damage by #ns. lightning or explosion to premises whil PARAGON PARTNERS X-2011-058'01 REVIEWED BY���,�� Page 16of18 rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section III — Limits of Insurance; b. A sidetrack agreement; o. Any easement orlicense agreement, including on easement or license agnaumard in connection with construction or demolition operations on or within 5Ofeet ofa railroad; d. An ob|igahnn, as required by nrdinanoe, to indemnify munioipa|ity, except in connection with work for a municipality; e. An elevator maintenance agreement; t That part of any other contract or agreement pertaining to your business (including on indemnification of municipality in connection with work performed for amunicipality) under which you assume the tort liability ofanother party ho pay for "bodily irjury" or "property demage" to a third person or organization, provided the "bodily injury" nr"property damage" is caused, in whole orin part, by you or by those acting on your behalf. Tort liability means o liability that would be imposed by law inthe absence ofany contract oragreement. Paragraph t includes that part ofany contract or agreement that indemnifies o railroad for "bodily injury" or "property damage" arising out of construction ordemolition operations, within 5Ofeet of any railroad property and affecting any railroad bridge or tnaat|e, trnoka, road -beds, tunnel, underpass orcrossing. Howevmr. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an onchiteot, engineer or surveyor for injury ordamage arising out of: (a) Prepuring, upproving, or failing to prepare or appruve, mapa, shop dnswinga, opininne, repuha, surveys, field ordere, change orders ordrawings and specifications; or (b) Giving directions orinstructions, orfailing to give them' if that in the primary cause of the injury ordamage; or (2) Under which the inoured, if an architect, engineer or surveyor, assumes liability for on injury or damage arising out of the insured'o rendering or failure to render pnohaoaiono| servioes, including those listed in (1) above and supervisory, inspection, architectural orengineering activities. 13.1eoaedwmrker" means e person leased to you by labor leasing firm under on agreement between you and the labor leasing firm, to perform duties related 10 the conduct mfyour business, "Leased worker" does not include a"temporary *nrkor^ a. After ithamoved from the place where itiaaccepted for movement into or onto an aircraft,watercraft or ��< . EUMCEHERED|A (PG 17 of b. VVhika it is in or on an aircraft, watercraft ur^auto/ 16. "Occurrence" means an omcident, including continuous or urrepeated exposure tosubstantially the same general c. While it is being moved from an aironaft, watercraft harmful conditions. or''auto''tothe place where itisfinally delivered; 17.''Peruona| and advertising injury" means irjury, but "loading or unloading" does not include the including consequential "bodily injuryy, arising out of movement of property by means of a mechanical one urmore ofthe following offenses: devica, other than a hand tmok, that is not attached to a. False enoat, detention or imprisonment; the aircraft, watercraft . b. Malicious prosecution; 15."Nobi|e equipment" means any of the following h/Pea c. The wrongful eviction from, wrongful entry into, or of land vohio|os, including any attached machinery or invasion ofthe hAhtofphvaUaoccupancy ofarom equipment dwelling or premises that o person oonua' o. BuUdnzam, farm maohinery, forklifts and other committed byoron behalf ofits owner. landlord or vehicles designed for use principally off public lessor; rmodm� ' d. Dna|, written or electronic publication of material b. Vehicles maintained for use solely on or next to that slanders or libels o person or organization or premises you own orrent; disparages n person's or organization's goods, o. Vehicles that travel oncrawler treads; products orservices; d. Vehic|en, whether self-propelled or not, maintained e' Ona|, written or electronic publication of material primarily to provide mobility to permanently that violates a person's right ofprivacy; mounted: f. CopyinQ, in your "advertioement'', o person's or (1) power cranes, shovels, |oadaro, diggers or organization's "advertising idea" or style of drills; or "advertisement"; (2) Rood construction or resurfacing equipment g. Infringement of copyhght, slogan, or Ude of any such aograders, scrapers nrrollers; literary orartistic work, inyour ^udverUaement";or m. Vehicles not described in o.' 6, c. or d. above that h. Discrimination or humiliation that results in injury to are not self-propelled and are maintained primarily the feelings orreputation ofanatural person. to provide mobility to permanently attached 18. "Pollutants" mean any solid, |iquid, gaseous or thermal equipment ofthe following types: irritant or contaminant, including omoke, vapor. soot. (1) Air oomprenoora, pumps and genenabons, fumeo, aoidm, a|ka|is, chemicals and waste. VVooba including npnsying, welding, building c|eaning, includes materials to be naoyo|od, reconditioned or geophysical exploration, lighting and well reclaimed. servicing equipment; or i9.^Producta-comp|e1edoperations hozard'': (2) Cherry pickers and similar devices used toraise o. Includes all "bodily injury" and "property damage" orlower workers; occurring away from premises you own orrent and f. Vehicles not described in a., b., o. or d. above arising out nf"your product" or"your work" except: maintained primarily for purposes other than the (1) Products that are still in your physical transportation ofpersons orcargo. possession; or However, self-propelled vehicles with the following (2) Work that has not yet been completed or types of permanently attached equipment are not abandoned, However, "your work" will be "mobile equipment'but will beconsidered ^autoe": deemed completed at the earliest of the (1) Equipmont, of at least 1.008 pounds groom following times: vehicle wmight, designed primarily for: (a) When all of the work oo||ed for in your (a) Snow removal; contract has been completed. (6) Rood maintenance, but not construction or (b) When all of the work to be done at the job resurfacing; or site has been completed if your contract (c) Street cleaning; calls for work etmore than one job site. (2) Cherry pickers and similar devices mounted on (c) When that part mfthe work done atojob site automobile ortruck chassis and used toraise or has been Put to its intended use by any lower workers; and person or organization other than another ' contractor or subcontractor working on the (3) Air compn*saora, pumps and generators, same project. including spraying' we|ding, building cleaning, Work that may need service,meinbanonoe geophysical exploration, lighting and well ^ ' correction, repair or replacement, but which is servicing equipment. otherwise oump|eta, will be treated as completed. PARAGC)NPARTNERS A-2011-056'01 REV|EVVEOBY� �°� �Y [ ` EU�|�EHE�ED|A (PG, 18of23 H«�0001O6O6 �p \� � ���e17of18 � ..� b^ Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury ordamage arises out ofocondition inor on u vehicle not owned or operated by you, and that condition was created by the "loading orunloading" ofthat vehicle byany insured; (2) The existence of tools, uninstalled equipment orabandoned orunused materials; or (3) Products or operations for which the o|anuifirodon' listed in the Declarations urin e policy aohedu|e, states that products - completed operations are subject to the General Aggregate Limit. 28."Property damage" means: o. Physical injury to tangible property, including all resulting loss ofuse ofthat property. All such loss ofuse shall bedeemed 0ooccur atthe time ofthe physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such |oae of use shall be deemed to occur at the time of the ''ouuumsnoe^ that caused it. As used in this definition, computerized or electronically stored data, programs or software are not tangible property, Electronic data means infnnnahon, facts orprograms: a Stored aaoron; h. Created orused on; or o. Transmitted tourfrom; computer soMxvana, including oyabamo and applications aoftwore, hard or floppy dioko. CD- ROMS.tapes, drives, cells, data processing devices orany other media which are used with electronically controlled equipment. 21."Suit' means o civil proceeding in which damages because of "bodily injury", ''property damoge" or "pereono| and advertising injury" to which this insurance applies are alleged. ^Suit''includes: a. Anarbitration proceeding inwhich such damages are claimed and Lnwhich the insured must submit ordoes submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent, PARAGON PARTNERS A -2811-05G-01 REV|EVVEDBY� 22^Temporar worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. hort-tonnwmrk|oadcondidonm. 23.^Vounteorworker" means operson who a. Is not your "employeo"; b. Donates his orher work; c. Acts at the direction of and within the scope of duties determined byyou; and d. |anot paid ofee, salary orother compensation by you or anyone else for their work performed for you, 24. "Your product": a. Means: (1) Any goods or products, other than real property, manufadored, ao|d, handled, distributed ordisposed ofby: (a) You; (b) Others trading under your name; or (o) Apomon or organization whose business orassets you have acquired; and (2) Containers (other than vehic|ea), moteda|a, parts or equipment furnished in connection with such goods mrproducts. b. |no|ud*a (1) Warranties or representations made at any time with respect to the fitnean, quality, dunabi|iiy, performance or use of "your product"; and (2) The providing oforfailure to provide warnings or instructions. c. Does not include vending machines or other property rented to orlocated for the use of others but not sold. 25."Your wnrk": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Mmkehals, porta or equipment furnished in connection with such work or operations. b` Includes (i) Warranties or representations mode at any time with respect to the fihneoe, quo|ity, durabi|ity, performance or use of"your wmrk^. and (2) The providing oforfailure to provide warnings or instructions, EUN|CE HEBED|A (PG, 19 of 23) Page 18 of 18 HG 00 01 06 05 ENDORSEMENT To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions ofthe Coverage Form, the provisions ofthis endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using . A. Subsidiaries and Nam|9 Acquired or covered "auto" you don't own, hire or Formed Organizations borrow inyour business oryour personal The Named Insured shown in the affairs,. Declarations ieamended h»include: C. Lessors asInsureds (1) Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is on "insured" under any other automobile policy or would be on "insured" under such m policy but for its termination or the exhaustion of its Limit of|nau/mnco. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership, However, the Named Insured does not include any newly formed oracquired organization: (a) That is o partnership, joint venture nrlimited liability company (b) That isen"inaured"under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more oKor its acquisition or formation by you, unless you have given us notice of the acquisition orformation. Coverage does not apply to "bodily injury" or "property damage" that x»au|ta from an "accident" that occurred before you formed oracquired the organization. Paragraph A.1. - WHO IS AN INSURED - of SECTION 11 - LIABILITY COVERAGE is amended to add: Paragraph A.I. - HO|BAN|NSURED-of uecuonU-LiaU||UyCovensgeisumendedbu add: e. The lessor ofm covered "auto" while the ,.auto" in |*aaad to you under written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered 11auto" you hire. D. Additional Insured if Required bv Contract (1) Paragraph A.I. - WHO IS INSURED - of Section 11 - Liability Coverage is amended to add: FA KA 10 an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused bv the conduct of j-rkrjor VC61rdT, 6% covered "auto." @031C\The Hartford (| | | /\ Form �99i6O910 ofISO Pmpe�ea copyrighted as�nj Page �� 1 of 5 pe I PARAGON PARTNERS A-2011-056-01 REVIEWED BY, ����/~~ EUN|CEHERED|A (P(:;, 20o[23) The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent tothe execution ofsuch written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance beprovided Wuthe additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your poUcy, the most we will pay on behalf of such additional insured iathe lesser of: (a) The limits of insurance specified in the written cunhaot or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part ofand not in addition to Limits ofInsurance shown inthe Declarations and described inthis Section. (3) Additional Insureds Other Insurance K we cover o claim or "suit" under this Coverage Part that may also bacovered by other insurance available to an additional inoured, such additional insured must submit such claim or"au|(" to the other insurer for defense and indemnik'. Hmwever, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional inaured'o own insurance. (4) Duties in The Event Of Accident, C|aim, Suit orLoss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named ItsurewL E. Primary and Non-Cniritributory if Only with respect to insurance provided to an additional insured in 1.D. - Additional Insured If Required by Contract, the following provisions apply: CD Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary, K other insurance is also phmary, we will share with all that other insurance by the method described in Other Insurance 6.d. (4) Primary And Non -Contributory To Other Insurance When Required ByContract If you have agreed in awritten contract or written agreement that this ihaununoa is primary and non-contributory with the additional inoued'e own insurence, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs C0and (4)dunot apply toother insurance to which the additional insured has been added aaanadditional insured, When this insurance is excess, wmwill have no duty to defend the insured against any "suit" if any other insurer has a duh/ to defend the insured against that "suit". If no other insurer defenda, we will undertake to do om' but vvewill be entitled to the insured's rights against all those other insurers. When this insurance is oxu*ea over other inmumnce, we will pay only our share of the amount of the |oae, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the |oom in the absence cfthis insurance; and C4 The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loao. if any, by the method described in Other Insurance 5.d. ea by your "employee" your behalf and at your direction will considered an "auto" you hire, The OTHER INSURANCE by adding the following: VD2O1O.The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., ith ion.) Page 2 of 5 �'. 77`7s, PARAGON PARTNERS 4r2011-058-01 REV|E�/EDBY� �'�� &� �� �_- EUW|CEHE�EQ|A (PG, 21 of 23) If on "employee's" personal insurance also Ek applies n an excess basis (oacovered "oub`" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION U - LIABILITY COVERAGE does not apply J you have workers' compensation insurance in -force covering all of your ''employees". Coverage is excess over any other collectible insurance, 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision oovanaQoo one provided under this Coverage Form for any "autV" you oxvn, then the Physical Damage Coverages provided are extended to"ouh>a"you hire orborrow, subject tothe following limit. The most we will pay for "loss" to any hired (2) The actual cash value ofthe damaged m stolen property sdthe time ofthe "loam;or (3) The cost of repairing or replacing the damaged orstolen property, whichever imsmallest, minus deductible. The deductible will be equal to the largest deductible applicable toany owned "auho"for that coverage. Nodeductible applies to "loss" caused byfire or lightning. Hired Auto Physical Damage coverage is excess over any other oo||mdib|e insurance. Subject tothe above limit, deductible and excess provisions, vvewill provide coverage equal tothe broadest coverage applicable to any covered ^auio''you own. VVmwill also cover loss ofuse ufthe hired "uuto" if it results from on "acoident", you are legally liable and the lessor incurs an actual financial |oso, subject to a maximum of $1000 per "occident". This extension ofcoverage does not apply toany ^muho" you hire or borrow from any of your "employees", partners (if you are o partnership), members (if you are m limited liability company), ormembers oftheir households. PHYSICAL DAMAGE ADDITION TEMPORARY TRANSPORTATION EXPEN COVERAGE Paragraph AA.a. of SECTION III - PHYSIC DAMAGE COVERAGE is amended to provide limit of $50 per day and a maximum limit is Under SECTION U| - PHYSICAL DAMAGE COVERAGE. in the event ofa total "lose" to a covered "au\m", we will pay your additional |eQo| obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" ofthe |uan/|eaoe. "Outstanding bo|mnca° means the amount you owe on the loan/lease at the time of "loss" |aue any amounts representing taxes; overdue payments; pmnm|Uea, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; moourih/ deposits not returned by the lessor; costs for extended warranties, credit life |nouranco, hea||h, accident ordisability insurance purchased with the loan or lease; and carry-over balances from previous loans orleases. Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added, The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an 8. ELECTRONIC EQUIPMENT BROADENED COVERAGE The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the a.Excluslons 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "aUtO'S" operating system. @2U10, The Hartford (| d material Form HA 99 16 0910 �n.) Page 3mf 5 PARA[SC}NPARTNERS A-2011-056-01 REV|EVVEDBY���/ �r��y `� EUN|CEHERED|A (PG22of23) b.$1,500 is the most wawill pay for "loee in any one "uooNont"toall electronic equipment that reproduces, receives urtransmits audio, visual ordata signals which, utthe time of"|oas".is: (1) Permanently installed in or upon the covered "auto" /n a houeing, opening or other location that ianot normally used by the ''auto" manufacturer for the installation ofsuch equipment; (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above or is an integral part ofthat equipment; or (3) An integral part of such equipment, c.For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered 11auto" to you. 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE -of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT [RLOSS -ofSECTION N - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" Applies only when the "accident" is known to: (1) You, ifyou are anindividual; (2) A partner, if you are a partnership; (3) A membnr, if you are a limited liability company; or AQ Anexecutive officer urinsurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail h>disclose any hazards existing at the inception date ofynur|i - will not deny coverage Linder this Coverage Form because ofsuch failure. 14.HIRED AUTO ~ COVERAGE TERRITORY Paragraph n. of GENERAL CONDITIONS 7. ' POLICY PERIOD, COVERAGETERR/TDRY- of SECTION |V ' BUSINESS AUTO CONDITIONS imreplaced bythe following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "ineurad'm" responsibility to pay damages for "bodily injury" or "property damage" is determined ina"auk."the "euK"isbrought in the United States of Amerioa, the territories and possessions of the United States of America, Puerto R|ou or Canada or in a settlement weagree to, J� i5.WAIVER KDF SUBROGATION We,waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such ,waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V - DEFINITIONS is, replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of 17. EXTENDED CANCELLATION CONDITION Paragraph 2, of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: @2O|(\The Hartford (includes material Form HA891GO91Q v/ISO Properties, mo m /on.) Page 4uf 5 - PARAGON PARTNERS A-2011 -056-01 REV|EVVEDBY���� �� =�y .,EUN|�EHERED|A (PG,23of23) PARAGON PARTNERS A-2011--056.01 PL REVIEWED BY: EIJNiGE HEREDIA (PG 'I OF 1) CIP ID: CIM CERTIFICATE OF' LIABILITY INSURANCE 05129/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE, HE CERTIFICATE HOLDER. THIS CERTIFICATE DOE'S NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. _ _ _ _ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, thenM-LLolic (ies must be endorsed. If.SUBROGATION IS WAIVED sub -]B -c. to- ._�. . p y � b]ect' 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 endorsemer lst. PRODUCER vuMrwur Sylvia '1Via NelsonThe Dougherty Company, Inc. m_ PiTONE P.O. Box 7277 TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WUH RESPEC'°I" T'C:7 WHICH TINS Long Beach, CA 90807 E-MAIL ADDRESS: SIvladoui Richard Lindgren -o?RoDucE€I . rN'q TnPa FR In a. PARAG- INSURED Paragon Partners Ltd. INSURER A Hartford Insurance CCirrit".lany 29424 Bolsa .Avenue, Suite 201 INSURER D LIo dsmclf L-ondon 112300 INSURER Huntington Beach, CA 52649 _ C �_ I9 COVEII _ CERTIFICATE NUMBER. REVISION NUMBER; THIS IS TO CERTIFY THAT THFTFIIF POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO .. ABOVE D . INSURED NAMED FOR, THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WUH RESPEC'°I" T'C:7 WHICH TINS 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 .,INS POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ."..._.� _.. � --- LTR T'PPE AFP I'N'SURANCE_ DC 'F49.._...�..___.._. POLICY NUMBER–_"- _ PC1Ll Y EFF PULICY EXP p ,,., . .. . –.. ..-.....m ..-...,..,-11 GENERAL /PC/7YYY tatiM/rlu/YYYY I _ _ . �.... . � -... EFgLrm OCCURRENCE $ 1„000_000 A X COMMERG AL GENERA(, t.IABII_t'fY l01/20i5 01!0112016 ,%(, 172LIIJNPR1964 01 0 $ — 000.000 _ ..._...... CLAIMS -MADS OCCUR N�L,[�.,EX (Any one, person) _ $ X Contractual PERSONAL &ADV INJURY' $ 1,000,00 _ Deductible -0- j GFNERALAG REGATF m 2000,00_0' T I GENT AGGREGATE LIMIT APPLIES PER. I itCtDU I > t W)M IOP AGG 'b 2 000 (IIT � }PRO- :_?"w.LPafl_rcv.�__.-!.J.2S�T_._� LOC.m��m�...�.. AUTOMOBILE LIAR%LITH X COMBINED 70PIGW P LIMP P 5 1,000,000 00000 A ANY AUTO 72UUNPR'I964 01/0112015 0110112016 ..-.___... __...,_ ___..__ BODILY INl.➢IJRY IPerpersnn, E ALL OWNED FtUTfYS ',.... 8.I0DIL"Y INJURYIPraII ;ffi ....... SCHEDULED AUTOS PROPERTY DAMAGE MIRED AUTOS � �� gi'CH AC i Ii1F-.N d”; m. m. NON -OWNED AUTOS _____............... ._.._............_..._.— Deductible -0-_ .........., __....._..,. ....,. ._..._ ____ ........ .........._ ............_—.__...._ 1NSD OWNS -0- AUTOS E ....,.. ...._ UMBRELLA LIAS X ii OCL�UR. _ _ 1 EACH OCCURRENCE L 10,000 00 EXCESS LIAR CLAIMS NMADE. _ ....__ __,..,_,... A(.GnLC.A1 E T 10,000,000 72RHUPR"1858 0110112015 0110112016 . DEDUCTIBLE,, 'P �. .0 RETENTION a ....._.._._ _,..1 i},000 _..__ iPo' WORKERS COMPENSATION _..,_,..,....,_..._,.._.__._,...._..._... ._ .._. I w ALf aflAZd7 il I �d'4R� ._ __...... AND EMPLOYERS' LIABILITY Y d N I, yYCT l & Ih�II'ia 1 I E';, A ANY PROPRIEIOR2tPnRTNER1FXECUTIwE 172WENG6914 ALL STATES 0110112015 0 P0112016 r d EA di Arr E dDENr 10010 ouo OFFICE R1Mtl'EW18ER' EnCLUDEIa7 (Mandatory in NHI . __. N I A —. _. 6 EMPLOYERS LIA STOP GAP E L DISb%SE - EA EMn IJ)YEF.:F 1,000,00( If yes, describe under D IPTION OP OPERATIONS below ........._, ......,. . _-----._ _ ......... ._.. L KJI rG F >'. PY)i GY B IMI1 '6 1X000,00,0 ......_.._.....I.,.__.__.I B Real Estate _..,._..__......_...__.___.......... .......... .. ... ................ .„ ...__ ... .__..... ......f I MPLIK102807415 0512212015 11112/2016 ,Errors & Omissions �Clairrr2,(}00,000 ILL. �C.LMS MADE:$25K RETENTION Aggregate 2,000,000 DESCRIPT*N OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) The City of Santa Ana, its officers representatives Additional employees, aencs, volunteers and are named insured for Auto and General. Liability as resppects' operations of the Named Insured. Coverage is primary and non- contrilautory. ENDORSEMENT'S A"T'T"ACI ad cncel.lation applies except 10 ..mm.... .................. ....._ D. SCI days written notice of days notice for nonpayment of premium. ....... __ . .,....._ . �..,, __ u,.., _ ._.._�� CERTIFICATE HOLDER CANCELLATION SANT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEi.LLII BEFORE RE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED (^IED IN The City of Santa Ana, et allACCORDANCE WITH THE POLICY PROVISIONS. per written contract 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 k 1988®20019 ACORD CORPORATION. All rights reserved, ACORD 25 (2009149) 'The ACORD name and logo are registered marks of ACORD PARAGON PARTNERS A-2011--056.01 PL REVIEWED BY: EIJNiGE HEREDIA (PG 'I OF 1) CIP ID: CIM CERTIFICATE OF' LIABILITY INSURANCE 05129/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE, HE CERTIFICATE HOLDER. THIS CERTIFICATE DOE'S NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. _ _ _ _ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, thenM-LLolic (ies must be endorsed. If.SUBROGATION IS WAIVED sub -]B -c. to- ._�. . p y � b]ect' 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 endorsemer lst. PRODUCER vuMrwur Sylvia '1Via NelsonThe Dougherty Company, Inc. m_ PiTONE P.O. Box 7277 TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WUH RESPEC'°I" T'C:7 WHICH TINS Long Beach, CA 90807 E-MAIL ADDRESS: SIvladoui Richard Lindgren -o?RoDucE€I . rN'q TnPa FR In a. PARAG- INSURED Paragon Partners Ltd. INSURER A Hartford Insurance CCirrit".lany 29424 Bolsa .Avenue, Suite 201 INSURER D LIo dsmclf L-ondon 112300 INSURER Huntington Beach, CA 52649 _ C �_ I9 COVEII _ CERTIFICATE NUMBER. REVISION NUMBER; THIS IS TO CERTIFY THAT THFTFIIF POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO .. ABOVE D . INSURED NAMED FOR, THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WUH RESPEC'°I" T'C:7 WHICH TINS 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 .,INS POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ."..._.� _.. � --- LTR T'PPE AFP I'N'SURANCE_ DC 'F49.._...�..___.._. POLICY NUMBER–_"- _ PC1Ll Y EFF PULICY EXP p ,,., . .. . –.. ..-.....m ..-...,..,-11 GENERAL /PC/7YYY tatiM/rlu/YYYY I _ _ . �.... . � -... EFgLrm OCCURRENCE $ 1„000_000 A X COMMERG AL GENERA(, t.IABII_t'fY l01/20i5 01!0112016 ,%(, 172LIIJNPR1964 01 0 $ — 000.000 _ ..._...... CLAIMS -MADS OCCUR N�L,[�.,EX (Any one, person) _ $ X Contractual PERSONAL &ADV INJURY' $ 1,000,00 _ Deductible -0- j GFNERALAG REGATF m 2000,00_0' T I GENT AGGREGATE LIMIT APPLIES PER. I itCtDU I > t W)M IOP AGG 'b 2 000 (IIT � }PRO- :_?"w.LPafl_rcv.�__.-!.J.2S�T_._� LOC.m��m�...�.. AUTOMOBILE LIAR%LITH X COMBINED 70PIGW P LIMP P 5 1,000,000 00000 A ANY AUTO 72UUNPR'I964 01/0112015 0110112016 ..-.___... __...,_ ___..__ BODILY INl.➢IJRY IPerpersnn, E ALL OWNED FtUTfYS ',.... 8.I0DIL"Y INJURYIPraII ;ffi ....... SCHEDULED AUTOS PROPERTY DAMAGE MIRED AUTOS � �� gi'CH AC i Ii1F-.N d”; m. m. NON -OWNED AUTOS _____............... ._.._............_..._.— Deductible -0-_ .........., __....._..,. ....,. ._..._ ____ ........ .........._ ............_—.__...._ 1NSD OWNS -0- AUTOS E ....,.. ...._ UMBRELLA LIAS X ii OCL�UR. _ _ 1 EACH OCCURRENCE L 10,000 00 EXCESS LIAR CLAIMS NMADE. _ ....__ __,..,_,... A(.GnLC.A1 E T 10,000,000 72RHUPR"1858 0110112015 0110112016 . DEDUCTIBLE,, 'P �. .0 RETENTION a ....._.._._ _,..1 i},000 _..__ iPo' WORKERS COMPENSATION _..,_,..,....,_..._,.._.__._,...._..._... ._ .._. I w ALf aflAZd7 il I �d'4R� ._ __...... AND EMPLOYERS' LIABILITY Y d N I, yYCT l & Ih�II'ia 1 I E';, A ANY PROPRIEIOR2tPnRTNER1FXECUTIwE 172WENG6914 ALL STATES 0110112015 0 P0112016 r d EA di Arr E dDENr 10010 ouo OFFICE R1Mtl'EW18ER' EnCLUDEIa7 (Mandatory in NHI . __. N I A —. _. 6 EMPLOYERS LIA STOP GAP E L DISb%SE - EA EMn IJ)YEF.:F 1,000,00( If yes, describe under D IPTION OP OPERATIONS below ........._, ......,. . _-----._ _ ......... ._.. L KJI rG F >'. PY)i GY B IMI1 '6 1X000,00,0 ......_.._.....I.,.__.__.I B Real Estate _..,._..__......_...__.___.......... .......... .. ... ................ .„ ...__ ... .__..... ......f I MPLIK102807415 0512212015 11112/2016 ,Errors & Omissions �Clairrr2,(}00,000 ILL. �C.LMS MADE:$25K RETENTION Aggregate 2,000,000 DESCRIPT*N OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) The City of Santa Ana, its officers representatives Additional employees, aencs, volunteers and are named insured for Auto and General. Liability as resppects' operations of the Named Insured. Coverage is primary and non- contrilautory. ENDORSEMENT'S A"T'T"ACI ad cncel.lation applies except 10 ..mm.... .................. ....._ D. SCI days written notice of days notice for nonpayment of premium. ....... __ . .,....._ . �..,, __ u,.., _ ._.._�� CERTIFICATE HOLDER CANCELLATION SANT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEi.LLII BEFORE RE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED (^IED IN The City of Santa Ana, et allACCORDANCE WITH THE POLICY PROVISIONS. per written contract 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 k 1988®20019 ACORD CORPORATION. All rights reserved, ACORD 25 (2009149) 'The ACORD name and logo are registered marks of ACORD A< "' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 01 /06/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Sylvia Nelson The Dougherty Company, Inc. P.O. BOX 7277 A/CNNo Ext: A No Long Beach, CA 90807 Richard Lindgren E-MAIL @dou hert I $ (Via g y' ADDRESS: y ns.com PRODUCER PARAG-3 CUSTOMER ID #: $ 1,000,000 INSURER($) AFFORDING COVERAGE NAIC # X INSURED Paragon Partners Ltd. INSURER A: Hartford Insurance Company 29424 5762 Bolsa Avenue, Suite 201 INSURER B: Lloyds of London 112300 Huntington Beach, CA 92649 INSURER C: INSURER D: [.F) COVERAGES CERTIFICATE NUMBER: RFVIGION NI]MRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE DOL ACCORDANCE WITH THE POLICY PROVISIONS. POLICY NUMBER MMIDIDY EFF MMIDD� LIMITS Santa Ana, CA 92701 GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X 72UUNPR1964 01/01/2016 01/01/2017 PREMISES(Ea occurrence) $ 300,000 MED EXP (Any one person_) $ 10,000 X Contractual _ PERSONAL R ADV INJURY $ 1,000,000 Deductible -0- GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PRO LOG $ A AUTOMOBILE LIABILITY ANY AUTO X 72UUNPR1964 01/01/2016 01/01/2017 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) — $ X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (PER ACCIDENT) $ X NON -OWNED AUTOS $ X Deductible -0- INSD OWNS -0- AUTOS $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000' 000 A EXCESS LIAB CLAIMS -MADE 72RHUPR1858 01/01/2016 01/01/2017 --- ---- - DEDUCTIBLE $ $ X RETENTION $ 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A 72WENG6914 ALL STATES EMPLOYERS LIA STOP GAP 01/01/2016 01/01/2017 X I WC STATU- OTH- LIMITS ER. _TORY E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Real Estate MPLK102807415 -705/22/2015 05/22/2016 Claim: 2,000,000 Errors & Omissions CLMS MADE:$25K RETENTION Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Agreements A-2011-056-01 and A-2015-164. The City of Santa Ana, its officers, employees, agents, volunteers and representatives are named Additional Insured for Auto and General Liability as respects operations of the Named Insured. Coverage is primary and non-contributory. Endorsements attached. 30 days written notice of cancellation applies except.... CFRTIFICATF_ HOLDER CANCELLATION SANTAA2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Purchasing Department AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza Santa Ana, CA 92701 @ 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Policy number 72UIJNPR1964 Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and 'our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section II —Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V —Definitions. SECTION I — COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury' or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any 'occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury' and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an 'occurrence" that takes place in the "coverage territory"; HG 00 01 06 05 Paragon Partners I,tcl. A" (2) The "bodily injury' or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an 'occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. 'Bodily injury' or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury' or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury'. e. Incidental Medical Malpractice (1) 'Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. © 2005 The Hartford (Includes copyrighted material of Insurance Services Rig VEWWEI) BY: Page 1 of 18 permission.) t: i-IERENA (P(: cn= 1 (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. C. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. Page 2 of 18 d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or HG 00 01 06 05 REVIEWED i Y: ... X,,,/' 4, BAHCE Hu.- ENA (FIG CH -20) (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; HG 00 01 06 05 Page 3 of 18 REw^ONED .N� i �.o I gym. i���i��:.� EDIA (,:7a, (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. L War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors Page 4 of 18 working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. HG 00 01 06 05 m Ek.I IIV("E i[i F'WaEDIA (PG 6,b )Fk n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) 'Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Employment -Related Practices "Bodily injury" to: (1) A person arising out of any "employment— related practices"; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any "employment- related practices" are directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Asbestos (1) 'Bodily injury" or "property damage" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". Damage To Premises Rented To You — Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section 111 — Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit' that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. HG 00 01 06 05 f t----- --/ Page__5...__of_._1 8 CF2)O✓iF t hEUNICE FUAC7�(N"< 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" arising out of an offense committed by, at the direction or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written or electronic publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement". g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. i. Infringement Of Intellectual Property Rights "Personal and advertising injury" arising out of any violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin or authenticity. However, this exclusion does not apply to infringement, in your "advertisement", of: (1) Copyright; Page 6of18 (2) Slogan, unless the slogan is also a trademark, trade name, service mark or other designation of origin or authenticity; or (3) Title of any literary or artistic work. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 17.a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, placing an "advertisement" for or linking to others on your web site, by itself, is not considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". HG 00 01 06 05 R.EVIBAIE D BYE , '` t=k.kMCE 8..dh, G4Ed:. IA "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Internet Advertisements And Content Of Others "Personal and advertising injury" arising out of: (1) An "advertisement" for others on your web site; (2) Placing a link to a web site of others on your web site; (3) Content, including information, sounds, text, graphics, or images from a web site of others displayed within a frame or border on your web site; or (4) Computer code, software or programming used to enable: (a) Your web site; or (b) The presentation or functionality of an "advertisement" or other content on your web site. q. Right Of Privacy Created By Statute "Personal and advertising injury" arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act. r. Violation Of Anti -Trust law "Personal and advertising injury" arising out of a violation of any anti-trust law. s. Securities "Personal and advertising injury" arising out of the fluctuation in price or value of any stocks, bonds or other securities. t. Discrimination Or Humiliation "Personal and advertising injury" arising out of discrimination or humiliation committed by or at the direction of any "executive officer", director, stockholder, partner or member of the insured. u. Employment -Related Practices "Personal and advertising injury" to: (1) A person arising out of any "employment— related practices"; or HG 00 01 06 05 (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any "employment-related practices" are directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos (1) "Personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. REVIEWEDBY. � �,�' ..w. Page 7 of 18 b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers" b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. Page 8 of 18 e. All costs taxed against the insured in the "suit". f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct . and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, REVIEWED BY: HG 00 01 06 05 necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section | — Coverage A — Bodily Injury And Property Damage Liabi|ity, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits ofinsurance. Our obligation to defend on inauned'o indemnitee and to pay for attorneys' fees and necessary litigation expenses aaSupplementary Payments ends when: e. We have used up the applicable limit ofinsurance inthe payment ofjudgments orsettlements; or b. The conditions set forth abows, or the terms of the agreement described in Paragraph f. above. are no longer met. SECTION U—WHO |SANINSURED 1. If you are designated in the Declarations as: a An individua|, you and your spouse are inoureds, but only with respect to the conduct ofa business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your momboro, your partnera, and their spouses one also inauredo, but only with respect to the conduct ofyour business. o. A limited liability oompany, you are an insured. Your members are also insuredo, but only with respect to the conduct of your business. Your managers are inourada, but only with respect to their duties oayour managers. d. An organization other than a partnerahip, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are ineurado, but only with respect to their duties an your officers or directors. Your stockholders are also inauneda, but only with respect to their liability as stockholders. e. AbuaL you are an insured. Your trustees are also inaurede, but only with respect to their duties as trustees. 2. Each ofthe following ioalso aninsured: a. Employees and Volunteer workers Your "volunteer workers" only while performing duties related to the conduct of your buninaao, or your "employees", other than either your "executive officers" (if you one an organization other than a partnemhip, joint venture or limited liability company) or your managers (if you one a limited liability company), but only for acts within the scope of their employment by you or vvhi|a performing duties related tothe conduct ofyour business. HGO0O1OGO5 Howover, none of these "employees" or "volunteer workers" are insureds for: (i) "Bodily injury" or "personal and advertising injury": (e) To you, to your partners or members (if you are a partnership or joint vonhuna). to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your buoineoo, or to your other "volunteer workers" while performing duties related to the conduct ofyour business; (b) Tothe spouse, chikj, parent, brother orsister of that co -"employee" or that "volunteer worker" as a consequence of Paragraph (1)(a)above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(o)or(b) above; or (d) Arising out ofhis or her providing or failing to provide professional health uana eamiuea. If you aro not in the business of providing professional health care services, Paragraph (d) does not apply to any nurae, emergency medical technician or paramedic employed by you toprovide such services. (2) "Property damage" toproperty: (a) Owned, occupied or used by, (b) Rented to, in the care, custody orcontrol of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workaro", any partner or member (if you are o partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer wmrker"), or any organization while acting asyour real estate manager. c. Temporary Custodians ofYour Property Any person or organization having proper temporary custody ofyour property if you die, but only: (i) With respect to liability arising out of the maintenance oruse ofthat property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will Page 9 of 18 have all your rights and duties under this Coverage Pa rt. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. Page 10 of 18 5. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. aU. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; HG 00 01 06 05 ��t. VI�,a�1ED BY: /;m„1'"11- � � ,�r � E�.�twII 'p�; A�I��.R�P6A �,F,r,:�n (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. fn. Lessors of (Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. HG 00 01 06 05 • ♦ k 0 �17- Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. Permits Issued By State Or Poiitical Subdivision Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". Page 11 of 18 R&..:tl/IG..,.VV/ED BY. p,,/J_. tt✓�'�.S m".rw""r q" m, F._„UINi(.,Eb`WU.....8kll„:.U/N(FIGaDF20) 0 Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds under this provision is described in Section III — Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Most We will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or Page 12 of 18 c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Personal and Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be HG 00 01 06 05 E,E\/RE.E VED BY: ELARCE HIE REi. A added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured 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. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; HG 00 01 06 05 (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or '� Paqe 13 of 18 that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; (5) Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or Page 14 of 18 (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (al Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; 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 this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. HG 00 01 06 05 REWEWt D 3YI , �` I EL1NCE HEREDA (F'G/60 0) If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Fart to the first tamed Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the HG 00 01 06 05 insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. 4. 5. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. i VNf U1J :If + ,,, E LDMCE x.91' REUA (PG 15 of 18 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or in a settlement we agree to. 7. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 8. "Employment -Related Practices" means: a. Refusal to employ a person; b. Termination of a person's employment; or c. Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at a person. 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10."Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11."Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: The repair, replacement, adjustment or removal of "your product" or "your work"; or Your fulfilling the terms of the contract or agreement. 12."Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while Page 16 of 18 rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section III — Limits of Insurance; b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f, includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14."Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto": HG 00 01 06 05 b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15."Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. HG 00 01 06 05 16."Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17."Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement"; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19."Products-completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. REVIEWED BY: Page 17 of 18 b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products - completed operations are subject to the General Aggregate Limit. 20."Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the 'occurrence" that caused it. As used in this definition, computerized or electronically stored data, programs or software are not tangible property. Electronic data means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from; computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Page 18 of 18 22."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 23."Volunteer worker" means a person who a. Is not your "employee" b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24."Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. RE.VEWED RY: ^°` ��, �/ � l EUNICE HEREDI HG 00 01 06 05 OP ID: SN OF LIABILITY INSURANCE D YY)CERTIFICATE 06/23/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER The Dougherty Company, Inc. P.O. Box 7277 Long Beach, CA 90807 Lindgren CONTACT NAME: Sylvia Nelson PHONE FAX A/c No Ext : AIC No 9"HE SS; Sylvia dou herlyins.com Richard PRODUCER CUS OMER ID #: PANG"3 INSURERS AFFORDING COVERAGE NAIC # INSURED Paragon Partners Ltd. INSURER A;Hcartford Insurance Company 29424 5762 Bolsa Avenue, Suite 201 Huntington Beach, CA 92649 INSURER B : Lloyds of London 112300 INSURER C ; INSURER D: 01/01/2016 01/01/2017 INSURER E; $ 300,000 MED EXP (Any one person) INSURER F,, PERSONAL&ADV INJURY $ 1,000,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMRF_R! ` THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _LTR TYPE OF INSURANCE A DDLSUSR POLICY NUMBER MM/DDNYYY MMIDDNYYP LIMIT$f OENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X 72UUNPR1964 01/01/2016 01/01/2017 PREDAMMISES GE Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 X Contractual Deductible -0- GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS - COMP/OP AGG $ 2,000,000 PRO LOC X POLICY JECT $ A AUTOMOBILE LIABILITY ANY AUTO X 72UUNPRI964 01/01/2016 01/01/2017 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (PERACCIDENT) $ X' NON -OWNED AUTOS $ X Deductible -0- INSD OWNS -0- AUTOS $ X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 A • EXCESS LIAB CLAIMS -MADE 72RHUPR1858 01/01/2016 01/01/2017 DEDUCTIBLE $ $ X I RETENTION $ 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y./ N ANY PROPRIETOR/PARTNER/EXECUTIVE72WENG6914 OFFICER/MEMBER EXCLUDED? a (Mandatory In NH) Ues describe under 38RIPT ON OF OPERATIONS below N / A ALLSTATES EMPLOYERS LIA STOP GAP ` 01/01/2016 01/01/2017 X WC STATUrs OE E,L. EACH ACCIDENT $ 1,000,000 EL: DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE • POLICY LIMIT $ 11000,000 B Real Estate IMPLI-62807416 05/22/2016 05/22/2017 Claim: 2,000,000 Errors & Omissions CLMS MADE:$25K RETENTION Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, Ir more space Is required) Agreements A-2011-056-01 and A-2015-164. The City of Santa Ana,.its officers, employees agents, volunteers and representatives are named Additional insured kor Auto and General Liability as respects operations of the Named Insured. Coverage is primary and non-oontributory. Endorsements attached. 30 days written notice of cancellation applies except.... SANTAA2 City of Santa Ana Attn: Purchasing Department 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ��,�• ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 26 (2009/09) The ACORD name and logo are registered marks of ACORD PARAG-3 OP ID: SN `4G'p CERTIFICATE OF LIABILITY INSURANCE DATE(M0110551201712017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such ondorsoment(s), PRODUCER The Dougherty Company, Inc. P.O. Box 7277 Long Beach, CA 90807 Richard Lindgren CONTACT "AME` arcc°NN Ex : 562.424.1621 Arc No): 562-490-0432 EMAIL ADDRESS: Sylvia@doughertyins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hartford Insurance Company 29424 INSURED Paragon Partners Ltd. 5762 Bolsa Avenue, Suite 201 INSURER B: Lloyds of London 112300 EACH OCCURRENCE $ 1,000,00 Huntington Beach, CA 92649 INSURER C: INSURER D: INSURER E: 01101/2017 INSURER F: PREMISES Eaoceurrence $ 300,00 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL R POLICY NUMBER POLICY EFF POLICY EXP LIMITS S Santa Ana, CA 92701 GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 X X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX7 OCCUR X 72UUNPR1964 01101/2017 01101/2018 PREMISES Eaoceurrence $ 300,00 MED EXP (Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,00 X Contractual Deductible -O- GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS • COMP/OP AGG $ 2,000,00 PRO. LOC X POLICY 1JECT L1 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,00 BODILY INJURY (Per person) $ A ANY AUTO X 72UUNPR1964 0110112017 01/01/2018 X ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY Per accident) $ PROPERTY DAMAGE $ PER ACCIDENT Deductible: $ ni X No Owned Autos X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 A EXCESS LAS CLAIMS -MADE 72RHUPR2423 0110112017 01101/2018 AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 $ A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR(PARTNER/EXECUTIVE Y I N OFFICERIMEMBE (Mandatoryin NH) EXCLUDED? N ! A 72WENG6914 -ALL STATES EMPLR'S LIAB & STOP GAP 01/0112017 01/0112017 0110112018 0110112018 X WRY LATU; OFR E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYE $ 11000,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE • POLICY LIMIT $ 1,000,00 B Real Estate MPL102807416 0512212016 0512212017 Claim: 2,000,00 Errors & Omissions CLMS MADE: $25K RETENTION Aggregate 2,000,00 DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Agreements A-2011-056-01 and A-2015-164. The City of Santa Ana, its officers, employees, agents, volunteers and representatives are named Additional Insured for Auto and General Liability as respects operations of the Named Insured. Coverage is primary and non-contributory. Endorsements attached. 30 days written notice of cancellation applies except.... F I=VIE AIEi7 E3Y: EUNICE, HEREDIA, (G � 01`q� CERTIFICATE HOLDER CANCELLATION SANTAA2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Purchasing Department AUTHORIZED REPRESENTATIVE Civic Center Plaza S Santa Ana, CA 92701 ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD REVIEWED D ICY EUNICE VIER DI Policy number 72UUNPR1964 Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and 'our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section II —Who Is An Insured, Other words and phrases that appear in quotation marks have special meaning. Refer to Section V —Definitions. SECTION I — COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages; However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any 'occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the 'coverage territory' Paragon Partners Ltd. it A ffelilk O (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an 'occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part, If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice (1) 'Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. HG 00 01 06 05 Page 1 of 18 © 2005 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named Insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization, 4. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision, Page 10 of 18 5. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission, Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to; a. 'Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer OA of any person who is an insured under this provision. 6 Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "'property damage" included within the "products - completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; HG 00 0106 05 .,. ...... (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or c. Lessors of Land or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers or Surveyors (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or e' containing such products. b. Lessors of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf; (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf, With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. Permits [slued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". HG 00 0106 05 Page 11 of 18 k EVIk VVE D BY E UNIC E C iERE DIA (f CCSC �.M _ ....._ ...._.... ) f.�th^ AnyOther Party Any other person or organization who is not an insured under Paragraphs a. through w. above, but only with respect to liability for "bodily injury". "property damage" or "personal and advetaing injury' oauuod, in whole or in purt, byyour acts or omissions or the acts or omissions of those acting onyour behalf: (1) |nthe performance ofyour ongoing operations; (2) In connection with your premises owned byor rented ioyou; or (3) In connection with ''your work" and included within the "products -completed operations hmzand".but only |f (u) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or"property damage" included within the "prod ucts-oomp|eted operations hazard". With vnopaot to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily | damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any pnzhesaiVnm| architectural, engineering orsurveying services, including: (1) The preparing, oppmving, or failing to prepare or appnove, mepa, shop drow|ngo, up|niona, napods, numoys, field orders, change orders nr drawings and specifications; or (2) Supervisory, inspectiun, architectural or engineering activities. The limits ufinsurance that apply toadditional insureds under this provision in described in Section O| — Limits Of Insurance, How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section K/— Commercial General Liability Conditions, Noperson ororganization isaninsured with respect to the conduct ofany current or past partnership, joint venture or limited liability company that is not shown as a Nomad Insured |nthe Declarations. SECTION III — LIMITS OPINSURANCE 1. The Most We will Pay The Limits ofInsurance shown inthe Declarations and the m|aa below fix the most wewill pay regardless of the number of: e. Insureds; b., Claims made or "suits" brought; or Page 12of18 u. Persons ororganizations making claims orbringing 2. General Aggregate Limit The Ganma| Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A. except damages because of "bodily injury' or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. Prod ucts-Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit iathe most wawill pay under Coverage Afor damages boouuno of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Personal and Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage 8 for the mum of all damages because of all "personal and advertising injury" sustained byany one person or organization. 5. Each Occurrence Limit Subject to 2.m3.above, whichever Each Occurrence Limit is the most we will pay for the sum a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out ofany one "000unnnue". 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage ToPremismRante ToYou Limit iothe most wewill pay under Coverage A for damages because of"property damage" hxany one premiaee, while rented to you, or in the oaao of damage by Dna' lightning or uxp|oaion, while rented to you or temporarily occupied by you with permission of the owner. In the oano of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire. lightning or explosion orany combination ofthese. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be HG 00010605 added as on additional insured on your policy, the most mmwill pay onbehalf ofsuch additional insured |a the lesser of: o. The limits of Insurance specified in the written contract nrwritten agreement; or b. The Limits ofInsurance shown inthe Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described |nthis Section, The Umda of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period ofless than 12 montho, starting with the beginning of the policy period shown in the Declarations, un|oao the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part ofthe |aoL preceding period for purposes ofdetermining the Limits ofInsurance, SECTION |V — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the inounad'o estate will not na|iovo un ofour obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice DfOccurrence QrOffense You orany additional insured must see tmitthat wm are notified as soon as practicable of an ,.occurrence" or an offense which may naau|t in a claim. Tothe extent possible, notice should include: (1) Hmw, 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 ofany injury ordamage arising out ofthe °000urrenoa"oroffense. b. Notice OfClaim Kaclaim ismade or"smit" is brought against any insured, you urany additional insured must: (1) Immediately nmmnd the apeo|Mrn of the claim or "ou|t'and the date received; and (2) Notify uoossoon oapracticable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. u. Assistance And Cooperation OfThe Insured You and any other involved insured must: (1) Immediately send us onp|oa of any dammnda, noUnea, summonses or legal papers received in connection with the claim o/^suit"| (2) Authorize us to obtain records and other HG 00 01 06 05 (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person ororganization which maybe liable to the insured because ofinjury or damage (uwhich this insurance may also apply, d. Obligations AtThe Insureds Own Cost No insured will, except at that |naured'a own coet, voluntarily make o paymont, assume any ob|igadon, or incur any expenae, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional innumd, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity, Howmve/, this provision dmaa not apply to the extent that you have agreed in awrittan contract or written agreement that this insurance is primary and non-contributory with the additional inounad's own insurance. f. Knowledge Of An Occurrence, Ofense, Chy/om Or Suit Paragraphs a and b. apply to you or to any additional insured only when such "occurrence", offense, claim or"auit"ieknown to: (i) You or any additional insured that is an individual; (8 Any partner, if you or an additional insured is o partnership; (3) Any manager, ifyou oronadditional insured iaa limited liability company; (4) Any "executive officer' nrinsurance mmneger, if you oranadditional insured ioacorporation; (5) Any trustee, ifyou oran additional insured is o trust; or (8) Any elected or appointed o0nia|, if you or an additional insured in a political subdivision or public entity. This duty applies separately toyou and any additional insured, 3. Legal Action Against Uo No person or organization has o right under this Coverage Part: a. To join um as a party or otherwise bring us into a "au|t'asking for damages from aninsured; or b. To sue us on this Coverage Part unless all of its terms have been fully ommphedwith. Aperson ororganization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Pad or Page 13 of 18 that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative, 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies, If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion Insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I -- Coverage A— Bodily Injury And Property Damage Liability; (5) Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or Page 14 of 18 (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additlonal insured, However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By. Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other. Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; 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 this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. HG 00 01 06 05 [F,Z V'1 Wvku D BY: EUNICE HY, R DIA (PG r � If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill, If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree; (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any, rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies:, a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought.; 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the HG 00 0106 05 insured will bring "suit" or transfer those rights to us W and help us enforce them. b. Waiver Of Rights Of Recovery, (Waiver Of Subrogation), If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. Page 15 of 18 m . €SEW VVED CSV .. k UNK E= SEER [M (7t" O ).....� PARAG-3 OP ID: SN CERTIFICATE OF LIABILITY INSURANCE DATE(M1/20 05/31 /20 7 F17 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Dougherty Company, Inc.❑ P.O. BOX 727 ❑ Long Beach, CA 90807❑ Richard Lindgren CONTACT NAME: PHONE 562-424-1621 FAX 562-490-0432 AIC No Ext): A/C, No E-MAIL Ins.comhentIVIG dou ADDRESS: S Y @ g Y INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hartford Insurance Company 29424 INSURED Paragon Partners Ltd.❑ 5762 Bolsa Avenue, Suite 201 ❑ Huntington Beach, CA 92649 INSURER B: Lloyds of London AA112 INSURER C: INSURER D: X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_] OCCUR INSURER E: INSURER F: 01/01/2017 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_] OCCUR X 72UUNPR1964 01/01/2017 01/01/2018 MISES Ea occurrence $ 300,000 PREREMISE T�RE�Turr MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 X Contractual Deductible -0- GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X1 POLICY jR0 F I LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ AANY AUTO X 72UUNPR1964 01/01/2017 01/01/2018 X ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ PER ACCIDENT Deductible: $ nil X No Owned Autos X I UMBRELLA LIAB I X I OCCUR EACH OCCURRENCE $ 10,000,000 A EXCESS LIAB CLAIMS -MADE 72RHUPR2423 01/01/2017 01/01/2018 AGGREGATE $ 10,000,000 DED X I RETENTION$ 10,000 $ A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) 72WENG6914 -ALL STATES EMPLR'S LIAB & STOP GAP 01101/2017 01/01/2017 01/01/2018 01/01/2018 X WC STATU- OTH- TORY LIMITSER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Real Estate MPL102807417 05/22/2017 05/22/2018 Claim: 2,000,000 Errors & Omissions CLMS MADE: $15K RETENTION Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES- (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Agreements A-2011-056-01 and A-2015-164. The City of Santa Ana, its 1.1 officers, employees, agents, volunteers and representatives are named 0 Additional insured for Auto and General Liability as respects operations of ❑ the Named Insured. Coverage is primary and non-contributory. Endorsements ❑ attached. 30 days written notice of cancellation applies except.... REVIEWED BY: ELINIPE HER DIA (PG OF ) SANTAA2 City of Santa Ana[]; Attn: Purchasing Department; 20 Civic Center PlazaEl Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Client#: 467968 PARAGPARTNI ACORDTM CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 1/18/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lauren Michael NAME: Marsh & McLennan Agency LLC HON o, 949-544-8475 Fax Marsh & McLennan Ins. Agency LLC Ext): AC, No: E-MAIL ss: Lauren.Michael@MarshMMA.com 1 Polaris Way EACH OCCURRENCE $1,000,000 INSURER(S) AFFORDING COVERAGE NAIC # 1119682 Aliso Viejo, CA 92656 92 INSURER A : Hartford Fire Insurance company INSURED INSURER B : Hiscoz Insurance Company Inc. 110200 Paragon Partners, LTD 5660 Katella Avenue, Suite 100 INSURER C: �— Cypress, CA 90630 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRR TYPE OF INSURANCE NSRADDLSUBFI WVD POLICY NUMBER MM/DD/YYYF MM/DD/YYYP LIMITS A X� COMMERCIAL GENERAL LIABILITY 72UUNHB5671 1/01/2018 01/01/2019 EACH OCCURRENCE $1,000,000 CLAIMS -MADE F OCCUR Ep PREMISESOEa�u ence $300000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY [__1 ECOT D LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY 72UUNHB5671 1/01/2018 01/01/201 EaaccldeDSINGLELIMIT 1,000,000 BODILY INJURY (Per person) $ ANY AUTO X OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY X NON -OWNED AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTYDAMAGE $ Per accident $ A X UMBRELLA LIAB IX OCCUR 72RHUHB5363 1/01/2018 01/01/201 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000.000 EXCESS LIAR CLAIMS -MADE DED XI RETENTION $1 O 000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? � N/A 72WENG6914 1/01/2018 01/01/2019 X IspTEARTLITE OTH- IER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $11,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 B E&O MPL1028074 5/22/2017 05/22/201 Per Claim $2,000,000 Aggregate: $2,000,000 Claims made: Ret: $15K DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Agreements A-2017-227 and A-2017-229. Agreements A-2011-056-01 and A-2015-164. The City of Santa Ana, its officers, employees, agents, volunteers and representatives are named Additional Insured for Auto and General Liability as respects operations of the Named Insured. Coverage is primary and non-contributory. Endorsement sattached. 30 days written notice of cancellation applies e t 10 days notice for nonpayment of premium. REVIEWED BY: EUNICE HEREDIA (PG I O City of Santa Ana Attn: Purchasing Department 20 Civic Center Plaza Santa Ana, CA 92701 ACORD 25 (2016/03) 1 of 1 #S3233325/M3202872 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WOYPD INSURED: Paragon Partners, LTD POLICY#: 72UUNHB5671 POLICY PERIOD: 01/01/2018 TO: 01/01/2019 t Uy COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and 'our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any 'occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: HG 00 01 09 16 (1) The "bodily injury" or "property damage" is caused by an 'occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. 'Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage'; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice And Good Samaritan Coverage "Bodily injury" arising out of the rendering of or failure to render the following health care services by any "employee" or "volunteer worker" shall be deemed to be caused by an "occurrence" for: Page 1 of 21 © 2016 The Hartford (Includes copyrighted material of Insurance Services Office Inc. with i mission. REVIEWED BY: EUNICE HEREDIA (PG2 OF2 (1) Professional health care services such as: (a) Medical, surgical, dental, laboratory, x- ray or nursing services or treatment, advice or instruction, or the related furnishing of food or beverages; (b) Any health or therapeutic service, treatment, advice or instruction; or (c) The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or (2) First aid services, which include: (a) Cardiopulmonary resuscitation, whether performed manually or with a defibrillator; or (b) Services performed as a Good Samaritan. For the purpose of determining the limits of insurance, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". However, this Incidental Medical Malpractice And Good Samaritan Coverage provision applies only if you are not engaged in the business or occupation of providing any of the services described in this provision. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: Page 2 of 21 (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract'; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: HG 00 0109 16 REVIEWED BY: EUNICE HEREDIA (PG OF �,� (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire'; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for HG 00 01 09 16 the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire'; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working Page 3 of 21 REVIEWED BY: EUNICE HEREDIA (Pdy OF i.I- directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to ,carry persons for a charge; (3) Parking an "auto" on, or on the ways next Page 4 of 21 to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. L War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: HG 00 0109 16 REVIEWED BY: EUNICE HEREDIA (PG 01`2,9+ (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". HG 00 01 09 16 This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work'; or (3) "Impaired property'; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Access or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, 44 Page 5 of 21 REVIEWED BY: EUNICE HEREDIA (PG6 OFy�i public relations expenses or any other loss, assess the effects of an "asbestos cost or expense incurred by you or others hazard"; or arising out of that which is described in (c) Arise out of any claim or suit for Paragraph (1) or (2) above. damages because of testing for, However, unless Paragraph (1) above monitoring, cleaning up, removing, applies, this exclusion does not apply to encapsulating, containing, treating, damages because of "bodily injury". detoxifying or neutralizing or in any As used in this exclusion, electronic data way responding to or assessing the means information, facts or programs stored effects of an "asbestos hazard". as or on, created or used on, or transmitted to s. Recording And Distribution Of Material Or or from computer software, including systems Information In Violation Of Law and applications software, hard or floppy 'Bodily injury" or "property damage" arising disks, CD-ROMS, tapes, drives, cells, data directly or indirectly out of any action or processing devices or any other media which omission that violates or is alleged to violate: are used with electronically controlled equipment. (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or q. Employment -Related Practices addition to such law; "Bodily injury" to: (2) The CAN -SPAM Act of 2003, including (1) A person arising out of any "employment— any amendment of or addition to such law; related practices"; or (3) The Fair Credit Reporting Act (FORA), and (2) The spouse, child, parent, brother or sister any amendment of or addition to such law, of that person as a consequence of "bodily including the Fair and Accurate Credit injury" to that person at whom any Transaction Act (FACTA); or "employment-related practices" are (4) Any federal, state or local statute, directed. ordinance or regulation, other than the This exclusion applies: TCPA or CAN -SPAM Act of 2003 or FCRA (1) Whether the injury -causing event and their amendments and additions, that described in the definition of "employment- addresses, prohibits or limits the printing, related practices" occurs before dissemination, disposal, collecting, employment, during employment or after recording, sending, transmitting, employment of that person; communicating or distribution of material (2) Whether the insured may be liable as an or information. employer or in any other capacity; and Damage To Premises Rented To You — Exception For Damage By Fire, Lightning Or (3) To any obligation to share damages with Explosion or repay someone else who must pay damages because of the injury. Exclusions c. through h. and j. through n. do not apply to damage by fire, lightning or explosion to r. Asbestos premises while rented to you or temporarily (1) 'Bodily injury" or "property damage" occupied by you with permission of the owner. A arising out of the "asbestos hazard". separate limit of insurance applies to this (2) Any damages, judgments, settlements, coverage as described in Section III — Limits Of loss, costs or expenses that: Insurance. (a) May be awarded or incurred by reason COVERAGE B PERSONAL AND ADVERTISING of any claim or suit alleging actual or INJURY LIABILITY threatened injury or damage of any 1. Insuring Agreement nature or kind to persons or property a. We will pay those sums that the insured which would not have occurred in "asbestos becomes legally obligated to pay as damages whole or in part but for the because of "personal and advertising injury" hazard'; to which this insurance applies. We will have (b) Arise out of any request, demand, the right and duty to defend the insured order or statutory or regulatory against any "suit" seeking those damages. requirement that any insured or others However, we will have no duty to defend the test for, monitor, clean up, remove, insured against any "suit" seeking damages encapsulate, contain, treat, detoxify or for "personal and advertising injury" to which neutralize or in any way respond to or this insurance does not apply. We may, at our Page 6 of 21 HG 00 0109 16 REVIEWED BY: EUNICE HEREDIA (PG7 OF discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" arising out of an offense committed by, at the direction or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts use another's "advertising idea" in your "advertisement". g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. I. Infringement Of Intellectual Property Rights (1) "Personal and advertising injury" arising out of any actual or alleged infringement or violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, trade dress, service mark or other designation of origin or authenticity; or (2) Any injury or damage alleged in any clam or "suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made by you or by any other party involved in the claim or "suit", regardless of whether this insurance would otherwise apply. However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual property right is limited to: (1) Infringement, in your "advertisement", of: (a) Copyright; (b) Slogan; or (c) Title of any literary or artistic work; or (2) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". j. Insureds In Media And Internet Type Businesses Personal and advertising injury" arising out of "Personal and advertising injury" committed a criminal act committed by or at the direction by an insured whose business is: of the insured. e. Contractual Liability (1) Advertising, broadcasting, publishing or telecasting; "Personal and advertising injury" for which the (2) Designing or determining content of web insured has assumed liability in a contract or sites for others; or agreement. This exclusion does not apply to (3) An Internet search, access, content or liability for damages that the insured would have in the absence of the contract or service provider. agreement. However, this exclusion does not apply to f. Breach Of Contract Paragraphs a., b. and c. of the definition of "Personal and advertising injury" arising out of a "personal and advertising injury" under the breach of contract, except an implied contract to Definitions Section. HG 00 01 09 16 44 Page 7 of 21 REVIEWED BY: EUNICE HEREDIA (PG OF�') For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants'; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Internet Advertisements And Content Of Others Page 8 of 21 "Personal and advertising injury" arising out of: (1) An "advertisement" for others on your web site; (2) Placing a link to a web site of others on your web site; (3) Content, including information, sounds, text, graphics, or images from a web site of others displayed within a frame or border on your web site; or (4) Computer code, software or programming used to enable: (a) Your web site; or (b) The presentation or functionality of an "advertisement" or other content on your web site. q. Right Of Privacy Created By Statute "Personal and advertising injury" arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act. r. Violation Of Anti -Trust law "Personal and advertising injury" arising out of a violation of any anti-trust law. s. Securities "Personal and advertising injury" arising out of the fluctuation. in price or value of any stocks, bonds or other securities. t. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN -SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA or CAN -SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. HIS 00 0109 16 REVIEWED BY: EUNICE HEREDIA (P OFZ� u. Employment -Related Practices "Personal and advertising injury" to: (1) A person arising out of any "employment— related practices"; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any "employment-related practices" are directed. This exclusion applies: (1) Whether the injury -causing event described in the definition of "employment- related practices" occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos (1) "Personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard'; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". w. Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health HG 00 01 09 16 information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. COVERAGE C MEDICAL PAYMENTS Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of Page 9 of 21 REVIEWED BY: EUNICE HEREDIA (PGIDOF2� any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed to the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a Page 10 of 21 party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. HG 00 0109 16 REVIEWED BY: EUNICE HEREDIA (PG [[OF Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited HG 00 01 09 16 liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (1)(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services: (a) Subparagraphs (1)(a), (1)(b) and (1)(c) above do not apply to any "employee" or "volunteer worker" providing first aid services; and (b) Subparagraph (1)(d) above does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only 41 Page 11 of 21 REVIEWED BY: EUNICE HEREDIA (PG IZOFy� with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which such insured is also a named insured under another policy or would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. Page 12 of 21 S. Additionat insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally HG 00 0109 16 REVIEWED BY: EUNICE HEREDIA (PG1OF'}aj undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person(s) or organization(s) from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization (s). (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: HG 00 01 0916 This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or Paae 13 of 21 REVIEWED BY: EUNICE HEREDIA (PGINOF (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". f. Any Other Party Any other person or organization who is not an additional insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others Page 14 of 21 by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. The limits of insurance that apply to additional insureds is described in Section III — Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard'; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products - completed operations hazard". 4. Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and HG 00 0109 16 REVIEWED BY: EUNICE HEREDIA(PG lSOF9P b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit HG 00 01 09 16 a. Notice Of Occurrence Or Offense You or any additional insured 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. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit'; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit'; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written Page 15 of 21 REVIEWED BY: Tj EUNICE HEREDIA (PG16oF�� contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or the additional insured is a partnership; (3) Any manager, if you or the additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5) Any trustee, if you or the additional insured is a trust; or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. Page 16 of 21 b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also HG 00 01 09 16 REVIEWED BY: EUNICE HEREDIA (PG17 OF y`� primary, we will share with all that other insurance by the method described in c. below. (bj Primary And Non -Contributory To Other insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; 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 this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. HG 00 01 09 16 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to —41 Page 17 of 21 REVIEWED BY: EUNICE HEREDIA (PG (J(OF , . impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b.. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or Page 18 of 21 other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or in a settlement we agree to. 7. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 8. "Employment -Related Practices" means: a. Refusal to employ that person; b. Termination of that person's employment; or c. Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person. 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. HG 00 0109 16 REVIEWED BY: EUNICE HEREDIA (PG 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work", or your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section III — Limits of Insurance; b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: HG 00 01 09 16 (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14."Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto'; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c, or d, above that are not self-propelled and are maintained Page 19 of 21 REVIEWED BY: 614WEUNICE HEREDIA (P of 2 primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; Page 20 of 21 e. Oral, written or electronic publication, in any manner, of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement". 18. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products - REVIEWED BY: EUNICE HEREDIA (PG OF�, completed operations are subject to the General Aggregate Limit. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. As used in this definition, computerized or electronically stored data, programs or software are not tangible property. Electronic data means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from; computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit' includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who a. Is not your "employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. HG 00 01 09 16 24. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. Page 21 of 21 REVIEWED BY: EUNICE HEREDIA (PGO 6ot� Client#: 467968 PARAGPARTNI ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 5/22/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh & McLennan Agency LLCPHONE Marsh & McLennan Ins. Agency LLC 1 Polaris Way #300 Aliso Viejo, CA 92656 CONT CT NAME: Lauren Michael g49-544-8475 FAX E A Lo, Ext): A/C, No ADDRESS: Lauren.Michael@MarshMMA.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hartford Fire Insurance Company I 1 9682 INSURED Paragon Partners, LTD 5660 Katella AVenue, Suite 100 Cypress, CA 90630 INSURER B : Underwriters at Lloyds London I 1 0200 INSURER C: INSURER D INSURER E: INSURER F : CLAIMS -MADE OCCUR COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X'•. COMMERCIAL GENERAL LIABILITY 72UUNHB5671 1/01/2018 01/01/2019 EACH OCCURRENCE $1000000 CLAIMS -MADE OCCUR EA PREMISES Eaoccurrence $300000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $11,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY F—I JECOT P LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: • AUTOMOBILE LIABILITY 72UUNHB5671 1/01/2018 01/01/2019 EaaBcIN ideDISINGLELIMIT 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X' AUTOS ONLY X AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ A X UMBRELLA LIAB X OCCUR 72RHUHB5363 1/01/2018 01/01/2019 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 EXCESS LIAB_ CLAIMS -MADE DED X RETENTION $1 O 000 $ A WORKERS COMPENSATION EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A 72WENG6914 1/01/2018 01/01/2019 X IsPTEAROTH- TuTEAND E.L. EACH ACCIDENT $11,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) _ It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 B E&O MPL102807418 5/22/2018 05/22/2019 Per Claim $2,000,000 Aggregate: $2,000,000 Claims made: Ret: $15K DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Agreements A-2017-227 and A-2017-229. Agreements A-2011-056-01 and A-2015-164. The City of Santa Ana, its officers, employees, agents, volunteers and representatives are named Additional Insured for Auto and General Liability as respects operations of the Named Insured. Coverage is primary and non-contributory. Endorsement sattached. 30 day NOC and 10 day NOC for non-payment provisions apply on the referenced Package Policy # 72UUNHB5671, per the attached. REVIEWED BY: EUNICE HEREDIA (PG f OF ) Lai a al l id 109111 i City of Santa Ana Attn: Purchasing Department 20 Civic Center Plaza Santa Ana, CA 92701 ACORD 25 (2016/03) 1 of 1 #S3471114/M3470364 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ®1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WOAOH Client#: 467968 PARAGPARTNI ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/21/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh & McLennan Agency LLC Marsh & McLennan Ins. Agency LLC 1 Polaris Way Aliso Viejo, CA 92656 92 CONTACT NAME: Simson Soetanto PHONE FAX o Ext): 949-900-1211 a/c, No , E-MAIL ADDRESS: simson.soetanto@marshmma.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Travelers Company cam an of CT 25682 INSURED Paragon Partners, LTD 5660 Katelia Avenue, Suite 100 Cypress, CA 90630 _ INSURER B : Travelers Property Casualty Co of Amer 125674 _ -- INSURER C : Underwriters at Lloyd's London 15642 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR 7ypE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �X OCCUR 6308M317170TCT19 1/01/2019 01/01/2020 EACH OCCURRENCE $1000000 pAMAGE T RENTED PREMISES Ea occurrence $300000 MED EXP (Any one person) s5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROT FK LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY BA8M31236ATCT19 1/01/2019 01/01/202 E0acBINED cidentSINGLELIMIT $1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X' AUTOS ONLY X NON -OWNED AUTOS ONLY PROPERTY DAMAGE $ Per accident B XI, UMBRELLA LAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP8M325446TIL19 1/01/2019 01/01/2020 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 DED I Xi, RETENTION $10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? � N I A UB8M251072TIL19 1/01/2019 01/01/2020 OTH- X ISPTEARTUTE I E.L. EACH ACCIDENT $11,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) _ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C E&O MPL102807418 5/22/2018 05/22/2019 Per Claim: $2,000,000 Aggregate: $2,000,000 Claims Made: Ret: $15k DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Agreements A-2017-227 and A-2017-229. Agreements A-2011-056-01 and A-2015-164. The City of Santa Ana, its officers, employees, agents, volunteers and representatives are named Additional Insured for Auto and General Liability as respects operations of the Named Insured. Coverage is primary and non-contributory. Endorsement sattached. 30 day NOC and 10 day NOC for non-payment provisions apply on the re erenced Package Policy # 72UUNHB5671, per the attached. REVIEWED BY: 4 a EUNICE HEREDIA (PG OF 61 l..t_Ff I IrwFl 1 r MULUrri City of Santa Ana Attn: Purchasing Department 20 Civic Center Plaza Santa Ana, CA 92701-0000 ACORD 25 (2016/03) 1 Of 1 #S3869343/M3868942 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WOAQH INSURED: Paragon Partners, LTD POLICY#: 6308M317170TCT19 POLICY PERIOD: 01/01/2019 TO: 01/01/2020 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR SERVICE INDUSTRIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Blanket Additional Insured — Broad Form Vendors C. Damage To Premises Rented To You • Perils of fire, explosion, lightning, smoke, water • Limit increased to $300,000 D. Blanket Waiver Of Subrogation E. Blanket Additional Insured — Owners, Managers Or Lessors Of Premises F. Blanket Additional Insured — Lessors Of Leased Equipment G. Incidental Medical Malpractice H. Personal Injury — Assumed By Contract PROVISIONS A. BROADENED NAMED INSURED 1. The following is added to SECTION II — WHO IS AN INSURED: Any organization, other than a partnership or joint venture, over which you maintain owner- ship or majority interest on the effective date of the policy qualifies as a Named Insured. However, coverage for any such organization will cease as of the date during the policy pe- riod that you no longer maintain ownership of, or majority interest in, such organization. 2. The following replaces Paragraph 4.a. of SECTION II — WHO IS AN INSURED: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, unless reported in writing to us within 180 days. I. Amended Bodily Injury Definition J. Bodily Injury To Co -Employees And Co -Volunteer Workers K. Aircraft Chartered With Crew L. Non -Owned Watercraft — Increased From 25 Feet To 50 Feet M. Increased Supplementary Payments • Cost of bail bonds increased to $2,500 • Loss of earnings increased to $500 per day N. Knowledge And Notice Of Occurrence Or Offense O. Unintentional Omission P. Reasonable Force — Bodily Injury Or Property Damage B. BLANKET ADDITIONAL INSURED — BROAD FORM VENDORS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a vendor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury" or "property damage" that: a. Is caused by an "occurrence" that takes place after you have signed and executed that con- tract or agreement; and b. Arises out of "your products" which are dis- tributed or sold in the regular course of such vendor's business. The insurance provided to such vendor is subject to the following provisions: a. The limits of insurance provided to such ven- dor will be the limits which you agreed to pro - CG D4 67 07 13 © 2013 The Travelers Indemnity Company. All right reserved. Page 1 of 7 Includes copyrighted material of Insurance Services Office, Inc. with its permissio . REVIEWED BY: EUNICE HEREDIA (PG OF COMMERCIAL GENERAL LIABILITY vide in the written contract or agreement, or the limits shown in the Declarations of this Coverage Part, whichever are less. b. The insurance provided to such vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in "your products" made intentionally by such vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, ad- justments, tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business, in connection with the distribution or sale of "your products"; (6) Demonstration, installation, servicing or repair operations, except such operations performed at such vendor's premises in connection with the sale of "your prod- ucts"; or (7) "Your products" which, after distribution or sale by you, have been labeled or re- labeled or used as a container, part or in- gredient of any other thing or substance by or for such vendor. Coverage under this provision does not apply to: a. Any person or organization from whom you have acquired "your products", or any ingre- dient, part or container entering into, accom- panying or containing such products; or b. Any vendor for which coverage as an addi- tional insured specifically is scheduled by en- dorsement. C. DAMAGE TO PREMISES RENTED TO YOU Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to such damage to premises as described in Para- graph 6. of Section III — Limits Of Insurance. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 2. The following replaces Paragraph 6. of SEC- TION III — LIMITS OF INSURANCE: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or wa- ter. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence", whether such damage results from fire; explosion; lightning; smoke resulting from such fire, ex- plosion, or lightning; water; or any combina- tion of any of these. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or 1. The following replaces the last paragraph of b. The amount shown on the Declarations of Paragraph 2., Exclusions, of SECTION I — this Coverage Part for Damage To Prem - COVERAGES — COVERAGE A BODILY IN- ises Rented To You Limit. JURY AND PROPERTY DAMAGE LIABIL- ITY: Page 2 of 7 © 2013 The Travelers Indemnity Company. All right reserved. CG D4 67 07 13 Includes copyrighted material of Insurance Services Office, Inc. with its permissi n. REVIEWED BY: ZIA EUNICE HEREDIA (PG OF1 ) 3. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: (1) Fire; (2) Explosion; (3) Lightning; (4) Smoke resulting from such fire, ex- plosion, or lightning; or (5) Water. is not an "insured contract"; 4. The following replaces Paragraph 4.b.(1)(b) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for premises rented to you, or temporarily occupied by you with the permission of the owner; D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. E. BLANKET ADDITIONAL INSURED — OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to name as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" that: COMMERCIAL GENERAL LIABILITY a. Is "bodily injury" or "property damage" caused by an "occurrence" that takes place, or "per- sonal injury" or "advertising injury" caused by an offense that is committed, after you have signed and executed that contract or agree- ment; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager nr lessor is subject to the following pro- visions: a. The limits of insurance provided to such premises owner, manager or lessor will be the limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations of this Coverage Part, whichever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) "Bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury" or "advertising injury" caused by an offense that is com- mitted, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, manager or lessor. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. F. BLANKET ADDITIONAL INSURED — LESSORS OF LEASED EQUIPMENT The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an additional in- sured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertis- ing injury" that: a. Is "bodily injury" or "property damage" caused by an "occurrence" that takes place, or "per- sonal injury" or "advertising injury" caused by an offense that is committed, after you have CG D4 67 07 13 © 2013 The Travelers Indemnity Company. All right reserved. Page 3 of 7 Includes copyrighted material of Insurance Services Office, Inc. with its per ission. REVIEWED BY: EUNICE HEREDIA (PG of Jyj COMMERCIAL GENERAL LIABILITY signed and executed that contract or agree- ment; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use by you of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the limits which you agreed to provide in the written contract or agreement, or the limits shown on the Decla- rations of this Coverage Part, whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" caused by an "occur- rence" that takes place, or "personal injury" or "advertising injury" caused by an offense that is committed, after the equipment lease ex- pires. c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, unless you have agreed in a written contract for this insurance to apply on a pri- mary or contributory basis. G. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services" to a person. 2. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid; or d. "Good Samaritan services". "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. 3. The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to any "bodily injury" arising out of any providing or failing to provide "incidental medical services" by any of your "employ- ees", other than an employed doctor. Any such "employees" providing or failing to pro- vide "incidental medical services" during their work hours for you will be deemed to be act- ing within the scope of their employment by you or performing duties related to the con- duct of your business. 4. The following exclusion is added to Para- graph 2., Exclusions, of SECTION I — COV- ERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. 5. The following is added to Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed in the providing or fail- ing to provide "incidental medical services" to any one person will be considered one "oc- currence". 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of SECTION 11 — WHO IS AN INSURED. Page 4 of 7 © 2013 The Travelers Indemnity Company. All right reserved. CG D4 67 07 13 Includes copyrighted material of Insurance Services Office, Inc. with its permission. REVIEWED BY: EUNICE HEREDIA (PG of H. PERSONAL INJURY — ASSUMED BY CON- TRACT 1. The following replaces Exclusion e., Contrac- tual Liability, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE B PER- SONAL AND ADVERTISING INJURY LI- ABILITY: e. Contractual Liability "Personal injury" or "advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have in the absence of the contract or agreement; or (2) Liability for damages because of "personal injury" assumed in a con- tract or agreement that is an "insured contract", provided that the "personal injury" is caused by an offense com- mitted subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable at- torneys fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of "personal injury", provided that: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this in- surance applies are alleged. 2. The following replaces the third sentence of Paragraph 2. of SUPPLEMENTARY PAY- MENTS — COVERAGES A AND B: Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily In- jury And Property Damage Liability or Para- graph 2.e. of Section I — Coverage B — Per- sonal and Advertising Injury Liability, such payments will not be deemed to be damages because of "bodily injury", "property damage" or "personal injury", and will not reduce the limits of insurance. COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 2.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B: d. The allegations in the "suit" and the in- formation we know about the "occur- rence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the in- demnitee; 4. The following replaces the first subparagraph of Paragraph f. of the definition of "insured contract" in the DEFINITIONS Section: f. That part of any other contract or agree- ment pertaining to your business (includ- ing an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury," "property damage" or "per- sonal injury" to a third person or organiza- tion. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. I. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily in- jury" in the DEFINITIONS Section: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. J. BODILY INJURY TO CO -EMPLOYEES AND CO -VOLUNTEER WORKERS The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Paragraph (1)(a) above does not apply to "bodily injury" to a co -"employee" in the course of the co - "employee's" employment by you or performing duties related to the conduct of your business, or to "bodily injury" to your other "volunteer workers" while performing duties related to the conduct of your business. K. AIRCRAFT CHARTERED WITH CREW The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: CG D4 67 07 13 © 2013 The Travelers Indemnity Company. All right reserved. Page 5 of 7 Includes copyrighted material of Insurance Services Office, Inc. with its per s,sion. REVIEWED BY: 14 EUNICE HEREDIA (PG&OF COMMERCIAL GENERAL LIABILITY (a) Chartered with crew to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge. L. NON -OWNED WATERCRAFT 1. The following replaces Paragraph (2) of Ex- clusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION 1 — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) Fifty feet long or less; and (b) Not being used to carry any person or property for a charge. 2. The following is added to Paragraph 2, of SECTION II — WHO IS AN INSURED: Any person or organization that, with your ex- press or implied consent, either uses or is re- sponsible for the use of a watercraft that you do not own that is: (1) Fifty feet long or less; and (2) Not being used to carry any person or property for a charge. M. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: b. Up to $2,500 for cost of bail bonds re- quired because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. N. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV — COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II — Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known to you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your trustees who is an individual (if you are a trust), any of your "executive officers" or directors (if you are an organization other than a partnership, joint venture, limited liability company or trust) or any "employee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture, lim- ited liability company or trust, and none of your partners, joint venture members, managers or trustees are individuals, no- tice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known by: (a) Any individual who is: (i) A partner or member of any part- nership or joint venture; (ii) A manager of any limited liability company; (iii) A trustee of any trust; or (iv) An executive officer or director of any other organization; that is your partner, joint venture member, manager or trustee; or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company, trust or other organi- zation to give notice of an "occur- rence" or offense. (3) Notice to us of such "occurrence" or of- fense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as prac- ticable after any of the persons described Page 6 of 7 © 2013 The Travelers Indemnity Company. All right reserved. CG D4 67 07 13 Includes copyrighted material of Insurance Services Office, Inc. with its permission. REVIEWED BY: EUNICE HEREDIA (PG OF in Paragraphs e.(1) or (2) above discov- ers that the 'occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this policy includes an endorse- ment that provides limited coverage for "bod- ily injury" or "property damage" or pollution costs arising out of a discharge, release or escape of "pollutants" which contains a re- quirement that the discharge, release or es- cape of "pollutants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that requirement. O. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional er- ror in, any information provided by you which we COMMERCIAL GENERAL LIABILITY relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect addi- tional premium or to exercise our rights of cancel- lation or nonrenewal in accordance with applica- ble insurance laws or regulations. P. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE The following replaces Exclusion a., Expected Or Intended Injury, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY IN. JURY AND PROPERTY DAMAGE LIABILITY: a. Expected or Intended Injury or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the in- sured. This exclusion does not apply to "bod- ily injury" or "property damage" resulting from the use of reasonable force to protect any person or property. CG D4 67 07 13 © 2013 The Travelers Indemnity Company. All right reserved. Page 7 of 7 Includes copyrighted material of Insurance Services Office, Inc. with its permi 7sion. REVIEWED BY: EUNICE HEREDIA (PG OF INSURED: Paragon Partners, LTD POLICY#: BA8M31236ATCT19 POLICY PERIOD: 01/01/2019 TO: 01/01/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LIABILITY COVERAGE: Any organization you newly acquire or form during the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. BLANKET ADDITIONAL INSURED The following Is added to Paragraph c. in A.1., Who Is An Insured, of SECTION 11 — LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS as an additional insured for Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSINESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: CA T3 53 08 17 ® 2016 The Travelers Indemnity Company. All rights reserved. Pagel of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission REVIEWED BY: EUNICE HEREDIA (PG OF� COMMERCIAL AUTO (1) Any covered "auto" you lease, hire, liability company) or members of their rent or borrow; and households. (2) Any covered "auto" hired or rented by (1) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while of the United States of America, Puerto performing duties related to the Rico and Canada: conduct of your business. (a) You must arrange to defend the However, any "auto" that is leased, hired, "insured" against, and investigate or rented or borrowed with a driver is not a settle any such claim or "suit" and covered "auto". keep us advised of all proceedings D. EMPLOYEES AS INSURED and actions. The following is added to Paragraph A.1., Who Is (b) Neither you nor any other involved An insured, of SECTION II — LIABILITY "insured" will make any settlement COVERAGE: without our consent. Any "employee" of yours is an "Insured" while (c) We may, at our discretion, participate using a covered "auto" you don't own, hire or in defending the "insured" against, or borrow in your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS — INCREASED "Suit'. LIMITS (d) We will reimburse the "insured": 1. The following replaces Paragraph A.2.a.(2), (i) For sums that the "insured" of SECTION II — LIABILITY COVERAGE: legally must pay as damages (2) Up to $3,000 for cost of bail bonds because of "bodily injury" or (including bonds for related traffic law "property damage" to which this violations) required because of an insurance applies, that the "insured" 'accident' we cover. We do not have to pays with our consent, furnish these bonds. but only up to the limit described in Paragraph C., Limit Of 2. The following replaces Paragraph A.2.a.(4), Insurance, of SECTION II — of SECTION II — LIABILITY COVERAGE: LIABILITY COVERAGE; (4) All reasonable expenses incurred by the (ii) For the reasonable expenses "insured" at our request, including actual incurred with our consent for your loss of earnings up to $500 a day investigation of such claims and because of time off from work. your defense of the "insured" F. HIRED AUTO — LIMITED WORLDWIDE against any such "suit", but only COVERAGE —INDEMNITY BASIS up to and included within the limit The following replaces Subparagraph e. in described in Paragraph C., Limit Paragraph B.7., Policy Term, Coverage Of Insurance, of SECTION II — Territory, of SECTION IV — BUSINESS AUTO LIABILITY COVERAGE, and not CONDITIONS: in addition to such limit. Our duty e. Anywhere in the world, except any country or to make such payments ends jurisdiction while any trade sanction, when we have used up the embargo, or similar regulation imposed by the applicable limit of insurance in United States of America applies to and payments for damages, prohibits the transaction of business with or settlements or defense expenses. within such country orjurisdiction, for Liability (2) This insurance is excess over any valid Coverage for any covered "auto" that you and collectible other insurance available lease, hire, rent or borrow without a driver for to the "insured" whether primary, excess a period of 30 days or less and that is not an contingent or on any other basis. "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are (3) This insurance is not a substitute for a partnership), members (if you are a limited required or compulsory insurance in any country outside the United States, its Page 2 of 4 ©2016 The Travelers Indemnity Company. All rights reserved. CA T3 53 08 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission REVIEWED BY: EUNICE HEREDIA (PG I OOF territories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance In any such country up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory insurance requirements. (4) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deductible, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto' will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Paragraph A.4.b., Loss Of Use Expenses, of SECTION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident'. I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Paragraph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto' of the private passenger type. J. PERSONAL EFFECTS The following is added to Paragraph AA., Coverage Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: COMMERCIAL AUTO Personal Effects We will pay up to $400 for "loss" to wearing apparel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto'. This coverage applies only in the event of a total theft of your covered "auto'. No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclusions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto' you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto' is a covered "auto' for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representative prompt notice of the "accident' or "loss" applies only when the "accident' or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability company); (d) An executive officer, director or insurance manager (if you are a corporation or other organization); or (e) Any "employee" authorized by you to give notice of the "accident' or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDITIONS: CA T3 53 08 17 02016 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its pe ission REVIEWED BY:19 EUNICE HEREDIA (P OF COMMERCIAL AUTO a. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Concealment, Misrepresentation, Or f=raud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 * 2016 The Travelers Indemnity Company. All rights reserved. CA T3 53 D$ 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission REVIEWED BY: EUNICE HEREDIA (PG F INSURED: Paragon Partners, LTD POLICY #: 6308M317170TCT19 POLICY PERIOD: 01/01/2019 TO 01/01/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 City of Santa Ana PERSON OR ORGANIZATION: Attn: Purchasing Department 20 Civic Center Plaza Santa Ana, CA 92701-0000 ADDRESS: Agreements A-2017-227 and A-2017-229. Agreements A-2011-056-01 and A-2015-164. The City of Santa Ana, itsofficers, employees, agents, volunteers and representatives are named Additional Insured for Auto andGeneral Liability as respects operations of the Named Insured. Coverage is primary and non-contributory. Endorsement sattached. 30 day NOC and 10 day NOC for non- payment provisions apply on the referenced Package PROVISIONS: If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. IL T4 05 03 11 © 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 REVIEWED BY: EUNICE HEREDIA (PG )