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HomeMy WebLinkAboutOVERDRIVE, INC. 1A - 2013P( UA,; mw\ ON FILE .Ua: AMY PROCEED umV il. INSURANCE EXPIRES! 3- 3 N-2013-018-001 AMENDMENT TO DIGITAL CONTENT HOSTING CLERK OF COUNCIL 8 2p AND DISTRIBUTION AGREEMENT DATE:��� N ®n 1W THIS AMENDMENT, made and entered into thisi� day ofray, ay, 2013, by and between the City of Santa Ana, Tar e a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of p�LAr) California ("City"), and OverDrive, Inc., a Delaware corporation ("OD"). RECITALS A. The City and OD entered into that certain Digital Content Hosting and Distribution Agreement dated February 27, 2013, hereinafter referred to as "said Agreement" (#N-2013-018), for OD to host and distribute digital content to the Santa Ana Main Library. B. The parties hereto now desire to amend and add additional compensation for services pursuant to said Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: I. Section 2 of said Agreement, "Compensation", is hereby amended to add an additional Two Thousand dollars so that the total sum to be expended under said Agreement shall not exceed Twenty Two Thousand Dollars ($22,000). oon h v-19 ,/ as 2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and year first above written. ATTEST: Maria D. Httizar� Clerk of the Counei l APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Storek, Asst. City Attorney Gerardo Monet, Executive rector Parks, Ree. & Communityei vices Agency CITY OF AN ANA Kevin O'Rourke Interim City Manager Ov t�nve, Inc. By: cC f1 l l zcnb Title: OVERINC-01 AMYLUDWIG 'VIII CERTIFICATE OF LIABILITY INSURANCE °AT1/4/2 13 Y) 1/4/2013 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 Caledonian Insurance Group, Inc. PO Box 60 Mercer Island, WA 98040-0060 CONTACT NAME. PHONEFA% ASN-P�slh 1 (296) 232.9870 Alc No L 1 (206) 232-9515 AE MAIL INSURCR SI AFFORDING COVERAGE NAIL H 9/312012 INSURER A: National Fire Ins. Co. of Hart EACH OCCURRENCE $ 1,000,000 INSURED INSURERS: Transportation Insurance Co. OVBYDrIVe, Inc. INSURER C: Continental Casualty Co. INSURER O: One OverDrive Way INSURER E: Cleveland, OH 44125 INSURER F! AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS 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 ADOL S SUBR POLICY NUMBER POLICY EFF MMIODIYYYY POLICY EXP MMIDDIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [A] OCCUR X Stop Gap- $1,000,000 4030411837 9/312012 9/3/2013 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occu ante S 100,000 MED EXP (Any one person) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY F7 PRO LOC PRODUCTS-COMP/OPAGG $ 2,000,000 $ B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS 4030411671 9/3/2012 9/3/2013 COMBINED SINGLE LIMIT 1,000,000 Ea accldenl $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPEE DAMAGE $ Per accident C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 4030411587 9/3/2012 9/3/2013 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ Deo X RETENnoNa 10,000 Aggregate $ 10,000,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYT OFFICERIMEM ER EXCLUDEDPROPRIETOWPARTNER/EXNIA (Mandatory in NH) If ne, describe under DESCRIPTION OF OPERATIONS below NIA WC STATU. OTH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) City of Santa Ana, its officers, agents and employees are additional insured as req Uired by written contract. City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 ACORD 25 (2010/05) 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 The ACORD name and logo are registered marks of ACORD TION. kglg Ints reserved. =1 SB -146932-D (Ed. 07/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED— BLANKET VENDORS WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, 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, subject to the following additional exclusions: 1. The insurance afforded the vendor 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 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 omission or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d, or f.; or (2) 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. 3. This provision 2, does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products - completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. Additional Insured—Your Work That person or organization for whom you do work is an additional insured solely for liability due to your negligence specifically resulting SB -146932-D Page 1 of 5 (Ed. 07/09) from your work for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this endorsement and paragraph F.9. of the definition of "insured contract' under Liability and Medical Expenses Definitions do not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. (3) The insurance provided to the additional insured does not apply to 'bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions A state or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. SB -146932-D (Ed. 07/09) SB -146932-D (Ed. 07/09) This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place 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 additional insured. e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. f. Owners/Other Interests — Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any 'occurrence" which takes place after you cease to lease that land; or Page 2 of 5 (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. g. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co-owners liability as co- owner of such premises. In. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs b. through h. above does not apply to "bodily injury" or "property damage" included within the "products -completed operations hazard." 3. The following is added to Paragraph H. of the BUSINESSOWNERS COMMON POLICY CONDITIONS: H. Other Insurance 4. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. 4. LEGAL LIABILITY — DAMAGE TO PREMISES A. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. SB -146932-D (Ed. 07/09) SB -146932-D (Ed. 07/09) Damage To Property, is replaced by the following: k. 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 any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations; or 5. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. 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 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion) to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of 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 D — Liability and Medical Expenses Limits of Insurance. Page 3 of 5 Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products -completed operations hazard." B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions c, d, e, f, g, h, i, k, I, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. C. The first Paragraph under item 5. Damage To Premises Rented To You Limit of Section D. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you, or temporarily occupied by you, with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. 5. Broad Knowledge of Occurrence The following items are added to E. Businessowners General Liability Conditions in the Businessowners Liability Coverage Form: e. 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 i� 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; SB -146932-D (Ed. 07/09) SB -146932-D (Ed. 07/09) (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 paragraph a. applies separately to you and any additional insured. 6. Bodily Injury Section F. Liability and Medical Expenses Definitions, item 3. 'Bodily Injury" is deleted and replaced with the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 7. Expanded Personal and Advertising Injury Definition The following is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising Injury, in the Businessowners General Liability Coverage Form: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: 1. Not done intentionally by or at the direction of: a. The insured; or b. Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and 2. Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. B. The following is added to Exclusions, Section B.: (115) Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. Page 4 of 5 (16)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. C. This provision (Expanded Personal and Advertising Injury) does not apply to discrimination or humiliation committed in the states of New York or Ohio. Also, Expanded SB -146932-D (Ed. 07/09) SB -146932-D (Ed. 07/09) Personal and Advertising Injury Coverage does not apply to policies issued in the states of New York or Ohio. D. This provision (Expanded Personal and Advertising Injury) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. Page 5 of 5 OVERINC-01 TRISTANVAUC CERTIFICATE OF LIABILITY IN 4401R.€ . �19PE °ATE`MM'°°"YY' f!. nn 6/28/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CtR CATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTR THE .COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT WEMEEN THE ISS,IIING I�q0UAER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. t t 1e.;Vn IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBRO G A b •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 PRODUCER INSURED Insurance Group, Inc. ve SE Id, WA 98040-6014 OverDrive, Inc. One OverDrive Way Cleveland, OH 44125 -Al - 2-013 -ole -oo! I in'Ic'"u�. e„n 1 (206) 232.9870 1iorc .� , 1 (206) 232-9515 1 A: National Fire Ins. Co. of Hart a: Transportation Insurance Co. c : Continental Casualtv Co. COVERAGES CERTIFICATE NUMBER- RFvICInN NIIMRFR. 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 Santa Ana, CA 92701 BR POLICY NUMBER POLICY EFF MMIPOLICY O YYVY LIMITS GENERAL LIABILITY EACH OCCURRENCE$ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE AI OCCUR X 4030411637 9/3/2013 9/3/2014 PREMISES Ea occurrence $ 100,00 MED EXP (Any one person) $ 5,00 PERSONAL &ADV INJURY $ 1,000,00 X Stop Gap GENERAL AGGREGATE $ 2,000,00 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGO $ 2,000,00 POLICYX PRO- IFLOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,00 BODILY INJURY(Par person) $ B X ANY AUTO 4030411671 9/3/2013 9/3/2014 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ T Per accident $ XUMBRELLA UAB X OCCUR EACH OCCURRENCE $ 10,000,000 C EXCESS LAB CLAIMS -MADE 4030411587 9/3/2013 9/3/2014 AGGREGATE $ DED X RETENTION$ 10,000 Aggregate $ 10,000,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE OFFICER/MEMBER EXCLUDED? NIA WC STATU- OTH- TORY L TS ER E.L. EACH ACCIDENT $ EL DISEASE EA EMPLOYE $ (Mandatory in NH) If yes, describe under E.L. DISEASE POLICY LIMIT $ DESCRIPTION OF OPERATIONS below 0 ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Santa Ana, its officers, agents and employees are additional insured as required by written contract per attached endorsement. ppROVED AS T Ni 1ISA Ec t city A1101" ey CIERTIFICATF Hni OPP rAMrGI I ATInM - ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SB -146932-D (Ed. 07/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED— BLANKET VENDORS WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, 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, subject to the following additional exclusions: 1. The insurance afforded the vendor 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 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 omission or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) 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. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products - completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. Additional Insured —Your Work That person or organization for whom you do work is an additional insured solely for liability due to your negligence specifically resulting SB -146932-D Page 1 of 5 (Ed. 07/09) SB -146932-D (Ed. 07/09) from your work for the additional insured This insurance does not apply to "bodily which is the subject of the written contract or injury," "property damage" or "personal and written agreement. No coverage applies to advertising injury" arising out of operations liability resulting from the sole negligence of performed for the state or municipality. the additional insured. c. Controlling Interest The insurance provided to the additional insured is limited as follows: An persons or y P organizations with a controlling interest in you but only with respect (1) The Limits of Insurance applicable to the to their liability arising out of: additional insured are those specified in the written contract or written agreement (1) Their financial control of you; or or in the Declarations of this policy, (2) Premises they own, maintain or control whichever is less. These Limits of while you lease or occupy these Insurance are inclusive of, and not in premises. addition to, the Limits of Insurance shown in the Declarations. This insurance does not apply to structural (2) The to alterations, new construction and demolition coverage provided the additional operations performed by or for such additional insured by this endorsement and insured. paragraph F.9. of the definition of "insured contract' under Liability and Medical d. Managers or Lessors of Premises Expenses Definitions do not apply to "bodily A manager or lessor of premises but only with injury" or property damage" "products respect to liability arising out of the ownership, arising out of the -completed maintenance or use of that specific part of the operations hazard" unless required by the premises leased to you and subject to the written contract or written agreement. following additional exclusions: (3) The insurance provided to the additional This insurance does not apply to: insured does nota I to "bodily injury," apply Y 1 rye" "property damage," or 'personal and (1) Any "occurrence" which takes place after advertising injury" arising out of the you cease to be a tenant in that premises; rendering or failure to render any or professional services. (2) Structural alterations, new construction or b. State or Political Subdivisions demolition operations performed by or on A state or political subdivision subject to the behalf of such additional insured, following provisions: e. Mortgagee, Assignee or Receiver (1) This insurance applies only with respect A mortgagee, assignee or receiver but only to the following hazards for which the with respect to their liability as mortgagee, state or political subdivision has issued a assignee, or receiver and arising out of the spermit in connection with premises you ownership, maintenance, or use of a premises s own, rent, or control and to which this by you. insurance applies: This insurance does not apply to structural (a) The existence, maintenance, repair, alterations, new construction or demolition construction, erection, or removal of operations performed by or for such additional advertising signs, awnings, canopies, insured. cellar entrances, coal holes, o driveways, manholes, marquees, f. Owners/Other Interests – Land is Leased hoistaway openings, sidewalk vaults, An owner or other interest from whom land e street banners, or decorations and has been leased by you but only with respect —_ similar exposures; or to liability arising out of the ownership, (b) The construction, erection, or maintenance or use of that specific part of the removal of elevators; or land leased to you and subject to the following additional exclusions: (2) This insurance applies only with respect This insurance does not apply to: to operations performed by you or on your behalf for which the state or political (1) Any "occurrence" which takes place subdivision has issued a permit. after you cease to lease that land; or SB -146932-D Page 2 of 5 (Ed. 07/09) SB -146932-D (Ed. 07/09) (2) Structural alterations, new Damage To Property, is replaced by the construction or demolition operations following: performed by or on behalf of such k. Damage To Property additional insured. g. Co-owner of Insured Premises "Property damage" to: A co-owner of a premises co -owned by you 1. Property you own, rent or occupy, and covered under this insurance but only including any costs or expenses with respect to the co-owners liability as co- incurred by you, or any other person, owner of such premises. organization or entity, for repair, replacement, enhancement, h. Lessor of Equipment restoration or maintenance of such Any person or organization from whom you property for any reason, including lease equipment. Such person or organization prevention of injury to a person or are insureds only with respect to their liability damage to another's property; arising out of the maintenance, operation or 2. Premises you sell, give away or use by you of equipment leased to you by abandon, if the "property damage" such person or organization. A person's or arises out of any part of those organization's status as an insured under this premises; endorsement ends when their written contract or agreement with you for such leased 3. Property loaned to you; equipment ends. 4. Personal property in the care, With respect to the insurance afforded these custody or control of the insured; additional insureds, the following additional 5. That particular part of any real exclusions apply: property on which you or any This insurance does not apply: contractors or subcontractors working directly or indirectly in your behalf are (1) To any "occurrence" which takes place performing operations, if the"property after the equipment lease expires; or damage" arises out of those 2 To "bodily injury," "property damage" or O Y 9 operations; or "personal and advertising injury" arising 6. That particular part of any property out of the sole negligence of such that must be restored, repaired or additional insured. replaced because "your work" was Any insurance provided to an additional insured incorrectly performed on it. designated under paragraphs b. through h. above Paragraph 2 of this exclusion does not does not apply to "bodily injury" or "property apply if the premises are "your work" and damage" included within the "products -completed were never occupied, rented or held for operations hazard." rental by you. 3. The following is added to Paragraph H. of the Paragraphs 1, 3, and 4, of this exclusion BUSINESSOWNERS COMMON POLICY do not apply to "property damage" (other CONDITIONS: than damage by fire or explosion) to H. Other Insurance premises: (1) rented to you: 4. This insurance is excess over any other insurance naming the additional insured (2) temporarily occupied by you with the as an insured whether primary, excess, permission of the owner, or contingent or on any other basis unless a (3) to the contents of premises rented to written contract or written agreement you for a period of 7 or fewer specifically requires that this insurance be consecutive days. either primary or primary and noncontributing. A separate limit of insurance applies to Damage To Premises Rented 4. LEGAL LIABILITY— DAMAGE TO PREMISES To You as described in Section D — A. Under B. Exclusions, 1. Applicable to Liability and Medical Expenses Limits of Business Liability Coverage, Exclusion k. Insurance. SB -146932-D Page 3 of 5 (Ed. 07/09) Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products -completed operations hazard." B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions c, d, e, f, g, h, i, k, I, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. C. The first Paragraph under item 5. Damage To Premises Rented To You Limit of Section D. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you, or temporarily occupied by you, with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. 5. Broad Knowledge of Occurrence The following items are added to E. " Businessowners General Liability Conditions s in the Businessowners Liability Coverage Form: e. 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 a 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; SB -146932-D (Ed. 07/09) SB -146932-D (Ed. 07/09) (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 paragraph e. applies separately to you and any additional insured. 6. Bodily Injury Section F. Liability and Medical Expenses Definitions, item 3. "Bodily Injury" is deleted and replaced with the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 7. Expanded Personal and Advertising Injury Definition The following is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising Injury, in the Businessowners General Liability Coverage Form: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: 1. Not done intentionally by or at the direction of: a. The insured; or b. Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and 2. Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. B. The following is added to Exclusions, Section B.: (115) Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. Page 4 of 5 (16) Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. C. This provision (Expanded Personal and Advertising Injury) does not apply to discrimination or humiliation committed in the states of New York or Ohio. Also, Expanded SB -146932-D (Ed. 07/09) SB -146932-D (Ed. 07/09) Personal and Advertising Injury Coverage does not apply to policies issued in the states of New York or Ohio. D. This provision (Expanded Personal and Advertising Injury) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. Page 5 of 5 OVERINC-01 CINDYCLARK (MMACOROm CERTIFICATE OF LIABILITY INSURANCE DA812812001 812 8114 4 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 C"gA9 f,111"E"J I"ING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(los) must be e d el. ,AI�f S�U ROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsell�'I� sp em r11? Qerh 4te does not confer rights to the PRODUCER Caledonian Caledonian Insurance Group, Inc. 3023 80th Ave SE Suite 300 Mercer Island, WA 98040-6014 ®/� NAME: PHONE FA% _IAIc�No-, ExtL1 (206) 232-_98.7__0_ _ __ __ AIC Not: 1 (206) 232-9515 _ EMAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAICN INSURERA: National Fire Ins. CO. of Hartford �v,�y INSURED t t `. l./1."' l✓�^. � 0 OIvveerDdve,Inc. l./ to One OverDrive Way Cleveland, OH 44125 ____20478 INSURER B; Transportation Insurance Co. 20494 _ INSURER C: Continental Casualty Co. 20443 INSURER D: COMMERCIAL GENERAL LI ABILITY 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 TYPE OF INSURANCE ADDL'.SUBR POLICY NUMBER POLICY EFF MMIDDIYVYY POLICY EXP MM/DDM/VY LIMITS A X COMMERCIAL GENERAL LI ABILITY EACH OCCURRENCE_ $ 1,000,000 CLAIMS -MADE X OCCUR X 4030411637 09103/2014 09/03/2015 DAM E TO RENT PREMISES Eaoccurrence $ 500,000 MED EXP (Anyone person) $ 15,000 PERSONAL &ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 GEHL POLICY PRO LOC JECT _ _._ PRODUCTS $ 2,000,000 _ ,. $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accitlenU _ $ 1,000,000 BODILY INJURY (Per person) $ B X ANY AUTO I 4030411671 09/03/2014 09/03/2015 AOSCHEDULED AUTOS AUTOS BODILY INJURY (Per accident)$ X HIRED AUTOS X AUTOS ED Parr accDAMAGE ident $ --- _ _ $ C X UMBRELLA LIAR X OCCURI EXCESS LIABC 09/03/2015 EACH OCCURRENCE $ 10,000,000 AGG—REG—ATE $ 10,000,000 _LAIMS-MADE_ DED RETENTIONS 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY VIN ANVPROPRIETORIPARTNDED? CUTIVE ANYPatoryln '�, ! PER 0TH- STATUTCID ER $ E.L. EACH ACCIDENT OFFICERIMEMBE❑ (MandNH) EXCLUDED? NIAID EL, .DISEASE - EA EMPLOYEE _. $ If yes, describe under DESCRIPTION OF OPERATIONS below — I E.L. DISEASE -POLICY LIMIT �I$ A Professional Liab 4030411637 09/03/2014 09103/2015 Deductible -$500,000 10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana, its officers, agents and employees are additional insured as required by written contract per attached endorsement. 1"�)V CERTIFICATE HOLDER CANCELLATION © 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana 20 Civic Center Plaza THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE © 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CNA G -144294-C99 (Ed. 12/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TECHNOLOGY GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. 1. ADDITIONAL INSURED —BLANKET VENDORS WHO IS AN INSURED (Section II) is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, 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, subject to the following additional exclusions: 1. The insurance afforded the vendor 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 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 o used as a container, part or ingredient of any other thing or substance by or for the vendor; or G -144294-C99 (Ed. 12/06) 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: (1) The exceptions contained in Subparagraphs d. or f.; or (2) 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. 3. This provision 1. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Coverage Part. 4. This provision 1. does not apply if "bodily injury" or "property damage" included within the "products -completed operations hazard" is excluded either by the provisions of the Coverage Part or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a, through 2.1h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal injury and advertising injury," but only the following persons or organizations are additional insureds under this endorsement and coverage provided to r i�/l `Rk ltd lob , t. cm ge 1 of 6 such additional insureds is limited as provided herein: a. Additional Insured — "Your Work" That person or organization for whom you do work is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this paragraph. 2.a., does not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless: (a) It is required by the written contract or written agreement; and (b) "Bodily injury" or "property damage" included within the "products -completed operations hazard" is not excluded either by the provisions of the Coverage Part or by endorsement. (3) The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions A state or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: G -144294-C99 (Ed. 12/06) G -144294-C99 (Ed. 12/06) (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place 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 additional insured. e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as Page 2 of 6 btu: .z)� cc �IiJJCkA �,?Cbvora7 mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. f. Owners/Other Interests — Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: 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 additional insured. g. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co-owners liability as co-owner of such premises. h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person ry or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: o (1) To any "occurrence" which takes place after the equipment lease expires; or a (2) To "bodily injury," "property damage," or "personal and advertising injury" arising out of the sole negligence of such additional insured. G -144294-C99 (Ed. 12/06) G -144294-C99 (Ed. 12/06) Any insurance provided to an additional insured designated under paragraphs b. through h. above does not apply to "bodily injury" or "property damage" included within the "products -completed operations hazard." As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over: Any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or agreement specifically requires that this insurance be either primary or primary and noncontributing. Where required by written contract or agreement, we will consider any other insurance maintained by the additional insured for injury or damage covered by this endorsement to be excess and noncontributing with this insurance. 3. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Paragraph 3.a. of Section II — Who Is An Insured is deleted and replaced by the following: Coverage under this provision is afforded only until the end of the policy period or the next anniversary of this policy's effective date after you acquire or form the organization, whichever is earlier. 4. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANY COVERAGE A. The following is added to Section II — Who Is An Insured: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or limited liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; or b. If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. Page 3 of 6 B. The last paragraph of Section II — Who Is An Insured is deleted and replaced by the following: Except as provided in 4. above, 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. N�:L1a1�1�:7.9:IIY�7:7ltI�]I�Yrrl�:Yi11:7�9 Paragraph 1.b, of Section II — Who Is An Insured is deleted and replaced by the following: b. A partnership (including a limited liability 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. 6. EMPLOYEES AS INSUREDS — HEALTH CARE SERVICES For other than a physician, paragraph 2.a.(1)(d) of Section II — Who Is An Insured does not apply with respect to professional health care services provided in the course of employment by you. 7. PROPERTY DAMAGE — PATTERNS, MOLDS AND DIES Paragraphs (3) and (4) of Exclusion j. Damage to Property of SECTION I — EXCLUSIONS do not apply to patterns, molds or dies in the care, custody or control of the insured if the patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to PROPERTY DAMAGE — PATTERNS, MOLDS AND DIES and is included within the General Aggregate Limit as described in SECTION III — LIMITS OF INSURANCE. The insurance afforded by this provision 7, is excess over any valid and collectible property insurance (including any deductible) available to the insured, and the Other Insurance Condition is changed accordingly. 8. BODILY INJURY Section V — Definitions, the definition of "bodily injury" is changed to read: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. G -144294-C99 (Ed. 12/06) h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Exclusions of Section I — Coverage B — Personal and Advertising Injury Liability is amended to include the following: p. Discrimination Relating To Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. q. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. C. This provision 9. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply to discrimination or humiliation committed in the states of New York or Ohio. Also, EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE does not apply to policies issued in the states of New York or Ohio. D. This provision 9. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply if Section I — Coverage B — Personal And Advertising Injury Liability is excluded either by the provisions of the Coverage Part or by endorsement. 10. MEDICAL PAYMENTS 9. EXPANDED PERSONAL AND ADVERTISING A. Paragraph 7. Medical Expense Limit, of Section INJURY III — Limits of Insurance is deleted and replaced A. The following is added to Section V— Definitions, by the following: the definition of "personal and advertising injury": 7. Subject to S. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under Section — I — Coverage C G -144294-C99 'f %�t��V K'�)y b' Page 4 of 6 (Ed. 12/06) `^ for all medical expenses because of "bodily injury" sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000; or (2) The amount shown in the Declarations for Medical Expense Limit. B. This provision 10. (Medical Payments) does not apply if Section I — Coverage C Medical Payments is excluded either by the provisions of the Coverage Part or by endorsement. C. Paragraph 1.a.(3)(2) of Section I — Coverage C — Medical Payments, is replaced by the following: The expenses are incurred and reported to us within three years of the date of the accident; and 11. SUPPLEMENTARY PAYMENTS A. Under Section I — Supplementary Payments — Coverages A and B, Paragraph 1.b., the limit of $250 shown for the cost of bail bonds is replaced by $2,500: B. In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1,000. 12. PROPERTY DAMAGE — ELEVATORS With respect to Exclusions of Section I — Coverage A, paragraphs (3), (4) and (6) of Exclusion j. and Exclusion k. do not apply to the use of elevators. The insurance afforded by this provision 12. is excess ;3 over any valid and collectible property insurance (including any deductible) available to the insured, and the Other Insurance Condition is changed accordingly. 13. LEGAL LIABILITY— DAMAGE TO PREMISES A. Under Section I — Coverage A — Bodily Injury and Property Damage 2. Exclusions, Exclusion j. is replaced by the following. "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; G -144294-C99 (Ed. 12/06) (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. 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 (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems) 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. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard." B. Under Section I — Coverage A — Bodily Injury and Property Damage the last paragraph of 2. Exclusions is deleted and replaced by the following. Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems 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 III — Limits Of Insurance. C. Paragraph 6. Damage To Premises Rented To You Limit of Section III — Limits Of Insurance is replaced by the following: G -144294-C99 V�yQ �t7�)°, t AQ k t(,k�j1f(J✓� Page 5 of 6 (Ed. 12/06) -Fg,Q_, ` (, 6. 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, explosion, smoke, or leakage from automatic fire protective systems, while rented to you or temporarily occupied by you with the permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. D. Paragraph 4.b.(1)(b) of Section IV — Commercial General Liability Conditions is deleted and replaced by the following: (b) That is property insurance for premises rented to you or temporarily occupied by you with the permission of the owner; or E. This provision 13. (LEGAL LIABILITY — DAMAGE TO PREMISES) does not apply if Damage To Premises Rented To You Liability under Section 1 — Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. 14. NON -OWNED WATERCRAFT Under Section I — Coverage A — Bodily Injury and Property Damage, Exclusion 2.g., subparagraph (2) is deleted and replaced by the following. (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge. 15. NON -OWNED AIRCRAFT Exclusion 2.g. of Section I — Coverage A — Bodily Injury and Property Damage, does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; G -144294-C99 (Ed. 12/06) 16. BROAD KNOWLEDGE OF OCCURRENCE You must give us or our authorized representative notice of an 'occurrence," offense, claim, or "suit" only when the 'occurrence," offense, claim or "suit' is known to : (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or (4) A manager, if you are a limited liability company. 17. NOTICE OF OCCURRENCE The following is added to paragraph 2. of Section IV — Commercial General Liability Conditions — Duties in The Event of Occurrence, Offense Claim or Suit: Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim or "suit' and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this 'occurrence," offense, claim or "suit' to us as soon as you are aware that this insurance may apply to such "occurrence," offense claim or "suit." 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Based on our reliance on your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. 19. EXPECTED OR INTENDED INJURY Exclusion a. of Section I — Coverage A — Bodily Injury and Property Damage Liability is replaced by the following: a. '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. 20. LIBERALIZATION CLAUSE 2. It is rented with a trained, paid crew; and If we adopt a change in our forms or rules which would 3. It does not transport persons or cargo for a broaden coverage provided under this endorsement charge. without an additional premium charge, your policy will automatically provide the additional coverages as of the date the revision is effective in your state. G -144294-C99 �� Ci� Page 6 of 6 (Ed. 12/06) 0 DATE (MMIDDIYYYYI.. C" CERTIFICATE OF LIABILITY INSURANCE 912/2015 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 CONTACT .T.rl*,rn iCna fiar�n Assured SKCG, Inc. 123 Main Street 14th floor White Plains INSURED OverDrive, Inc. One OverDrive way ) -,-N? C.) I "; .._I t' d' INSURER E Cleveland OH 44125 INSURER F COVERAGES CERTIFICATE NUM',BER:CL159271084 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. INSR ._ TYPE OF INSURANCE ADDL SU®R. _. POLICY EFF LTR POLICY NUMBER MMIDDIYNYY POLICY EXP......LIMITS MMIDD1YYYY X !.. COMMERCIAIL. GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 A _. CLAIMS -MADE - X... OCCUR GE TO RENTED 1,000,000 DAMAPREM PREMISES (Ea occurrence) $ -. X. ZDY 9599284--03 6/30/2015 _._ 6/30/201..6 MED EXP (Any one person) $ 10,000 PERSONAL 8, ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PERS GENERAL AGGREGATE $ 2, 000, 000 POLICY PRC - ECT X LCC PRODUCTS - COMPIOPAGG $ 2,000,000 OTHER. $ AUTOMOBILE LIABILITY .. COMBINED SINGLE LIMIT' $ 1, 000:000 (Ea accident)......... ....._ _ X. ANY AUTO 80D] LY INJURY (Per person) $ B ALL OWNED SCHEDULED Appy -A663368'-00 6/30/2015 AUTOS AUTOS ......... 6/30/2016 BODILY INJURY (Per accident) $ NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Peraccident)._. $ X.... UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10,000,000 B EXCESS LIAB CLAIMS -MADE AGGREGATE.... $ 10,000,000 DED RETENTION $ OHY 9599285-03 6/30/2015 6/30/2016 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS" LIABILITY YIN ...... STATUTE ER„ ANY PROPRIETORfPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBNIA AER EXCLUDED? N ....... ... C (Mandatory in NH) ....... W2Y-9571546-04 6/30/2015 6/30/2016 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under ._.... ........ ....... ......... DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Technology, Media EON 625541546 004 6/30/2015 6/30/2016 U61: of Liability $10,000,000 Professional. Liability DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) City of Santa Ana, its officers, agents and employees are named as additional insureds. Additional insured status is granted for General Liability per policy terms and conditions, when required by written Icontract. Thirty (30) day notice of cancellation, General Liability Coverge is Primary & Non --Contributory when required by written contract- 6�r*w . CERTIFICATE HOLDER Wq \KJ ) ELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ' City of Santa .Ana 00 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1 r�^^�e . 20 Civic Center plaza tiJ �(� ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92701 c\y AUTHORNZED REPRESENTATIVE �y �J Richard Canter/VENNI @ 1988-2014 ACORD CORPORATION. All rights reserved.. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 rgn,ani} ZDY 9599284 03 8608114 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Additional Insured by Contract, Agreement or Permit Included 2. Additional Insured — Primary and Non -Contributory Included 3. Blanket Waiver of Subrogation Included 4. Bodily Injury Redefined Included 5. Broad Form Property Damage — Borrowed Equipment, Customers Goods & Use of Elevators Included 6. Knowledge of Occurrence Included 7. Liberalization Clause Included 8. Medical Payments Included 9. Newly Acquired or Formed Organizations - Covered until end of policy period Included 10. Non -owned Watercraft 51 ft, 11. Supplementary Payments Increased Limits K Bail Bonds $2,500 Loss of Earnings- <eA G\1 $1000� 12. Unintentional Failure to Disclose Hazards Included 13. Unintentional Failure to Notify Included This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants. 1. Addlitilionall Insured by Contract, Agreement or Permit The following is added to SECTION 11 — WHO IS ANINSURED: Additional Insured by Contract, Agreement or Permft a. Any person or organization with whom you agreed in a written contract, written agreement or permit that such person or organization to add an additional insured on your policy is an additional insured 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, but only with respect to: (1) "Your work" for the additional insured(s) designated in the contract, agreement or permit: (2) Premises you own, rent, lease or occupy-, or (3) Your maintenance, operation or use of equipment leased to you. lb. The insurance afforded to such additional insured described above: (1) Only applies to the extent permitted by law-, and (2) Will not be broader than the insurance which you are required by the contract, agreement or permit to provide for such additional insured. 421 -2915 12 14 Yncludes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 (3) Applies on a primary basis if that is required by the written nmntraut, written agreement orpermit. (4) Will not be broader than coverage provided toany other insured. (5) Does not apply if the "bodily injwry^. ~property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Pmrt, including any endorsements thereto. o. This provision does not apply: (1) Unless the written contract or written agreement was executed or permit was issued prior tothe "bodily injury^. ''property damage", or "personal injury and advertising injury" (2) Toany person ororganization included os an insured by another endorsement issued by um and made part of this Coverage Port. (3) Tnany lessor oyequipmemt (m) After the equipment lease expieas�or (b) If the "bodily injury". ''property damage'. ^permumm| and advertising injury" arises out of sole negligence of thelessor (a) Owners mother interests from. whom land has been leased which takes place after the lease for the land ax' pires� or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or amage", "personal injury" or O�00 advertising injury" arises out of structural alterations, new con- -struction or demolition operations performed by or on behalf of the manager or lessor. To "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the mupomimion, hiring, employment, training ormonitoring of cdhena by that inmured, if the "occurrence" which caused the "bodily injury" mr"property damage" mrthe, offense which caused the "personal and ZDY 9599284 03 8608114 advertising injury" involved the nemdohnQ of or failure to render any professional services byorfor you. d. With respect to the insurance afforded to these additional imsunedm, the following is added to SECTION U| — LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured for a covered claim is the lesser ofthe amount ofinsurance: 1. Required by the oomtmaut, agreement or permit described inParagraph o.|or 2. Available under the applicable Limits of Insurance shown inthe Declarations. This endorsement shalt not increase the applicable Limits of Insurance ohuvvn in the Declarations. 2. Additional Insured — Primary and Non - Contributory The following is added to SECTION |V — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4.Other insurance: Additional Insured — Primary and Non - Contributory If you agree in a written oomtnaot, written agreement orpermit that the insurance provided to any person or organization included as an Additional Insured under SECTION N —VVHO IS AN |NSURED, is primary and non-contributory, the following applies: |fother valid and collectible insurance is available tothe Additional Insured for a |ooe covered under Coverages A or B of this Coverage Part, our obligations are limited aafollows: a. Primary Insurance This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution from any other insurance owa0mb|e to the Additional Insured except: (1) For the sole negligence ofthe Additional Insured-, (2) When the Additional |mawnmd is an Additional Insured under another primary liability policy; or (3) when b. below applies. If this, imounmmoo is phmary, our obligations are not affoohad unless any of the other insurance is also primary, Then, we will share with all that other insurance by the method described in c. below. 421-2915 12 14 includes copyrighted material of Insurance Services Office, mc..with its permission. Page 2of4 DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 7/13%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 SUBROGATIONIS 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,-ennifer Lichtman NAME: Assured SKCG, Inc. PHONE Ext); (914) 761-9000 (AIC, Na]: (414)761-3749 123 Main Street E-MAIL ADDRESS: cram ADDRESS: 7 � 14th floor ..... _.,INSURER(S)AFFORDING COVERAGE NAIL# White Plains NY 10601 INSURER.AMass Bay 22306 INSURED_ INSURER...B:Hanover Insurance Company ....... _ 22292 OverDrive Holdings, Inc. INSURERC'Al.lmerica Financial Benefit Ins 4194.0 One OverDrive Way" ( INSURERD:Illinois union 27960 INSURER.E : Cleveland OH 441,25 INSURERF: COVERAGES CERTIFICATE NUMBER CL1671380206 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 POL0ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS., EXCLUSIONS AND CONDIT@ONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR _... TYPE OF INSURANCE AODL SUER __. _ POLICY fF'F POLICY EXP LIMITS ''..... LTR N. POLICY NUMBER MMIDDlYYYY MMYDDFYYYY X COMMERCIAL. GENERAL LIABILITY EACH OCCURRENCE $ 1, GOO, 000 OAMAGE TO RENTED A CLAIMS -MADE X OCCURPREMISES ( a occu ence $ 1,000,000 �j C ';uDY 04 5.30 2016 6/30/2017 / 30!2(917 MED EXP (Any one person) $ 10,000 t PERSONAL 8 ACV INJURY $ 1, 090, 000.... GEN'L AGGREGATEPIM)X IT APPLIES PER: � �' � GENERAL AGGREGATE_. $ ..... 2,000,000 .. POLICY JECT LOC PRODUCTS COMPPOP AGG $ ........ 2,000,000 ., OTHER_ w M1 y _ $ AUTOMOBILE LIABILITY V COMBINED SINGLE LIMIT $ 1, 000, 000 .. 4 4 , yy {.�, (Ea accident).... _.. ......... ..... B X ' ANY AUTO h v h...l,. BODILY INJURY (Per person) $ .._. ... ALL OWNED SCHEDULED A.Y-, 3368-01 z 6/30/2016 6/30/2017 BODILY INJURY (Per accident) $ AUTOS AUTOS NON -OWNED �"� C ' PROPERTY DAMAGE _ $ HIR ED AUTOS AUTOS (Per accident)_ _... _. X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $.......15,000,00..0 B EXCESS LIAB .... CLAIMS -MADE... AGGREGATE.. $_ 15,0100 , OOO !.DED RETENTION$ UHY 9599285-04. 6/30/2016 6/30/2017 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABILITY YIN _. STATUTE ER _ ANY PROPRIETORIPARTNER;ECECUTIVENIA E.L EACH ACCIDENT $ 1,000,000 OFFICERIMEMSER EXCLUDED? C (Mandatory in NH) W2Y-9 571546-05 6/30/2016 6/3012017 F L DISEASE - EA EMPLOYEE $ 1, 000, 000.. If yes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000'.00,0 D Technology, Media '., EON 625541546 005. 6/30/2016 6/30/2017 Limit ofUability $10,000,000 Professional Liability DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana, its officers, employees, agents and representative are named as additional insureds. Additional insured status is granted for General Liability per policy terms and conditions, when required by written contract per endorsement number 421-2915 06 15 ('see attached). Thirty (30) day notice of cancellation, General Liability Coverge is Primary & Non -Contributory when required by written contract per endorsement number 421-2915 06 15 (see attached). City of Santa Ana 20 Civic Center plaza Santa Ana, CA 92701 ACORD 25 (2014/01) INS025rgrlr4nv 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 Richard Cant. r/ ENN' �u�-.� ��,�c✓i r ?'�rr.._.t Cc} 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ZDY 9599284 04 8608114 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A110AMARV OF COVIFRAGPA 1. Additional Insured by Contract, Agreement or Permit Included 2. Additional Insured — Primary and Non -Contributory Included 3. Blanket Waiver of Subrogation Included 4. Bodily Injury Redefined.-—-.....- Included 5. Broad Form Property Damage — Borrowed Equipment, Customers Goods & Use of Elevators Included 6. Knowledge of Occurrence Included 7. Liberalization Clause Included a. Medical Payments — Extended Reporting Period Included 9. �Newly Acquired or Formed Organizations - Covered until end of policy period Included 10. Non -owned Watercraft 1 ft. 11. Supplementary Payments Increased Limits Bail Bonds $2,500 Loss of Earnings $1 000 12. Unintentional Failure to Disclose Hazards Included 13. Unintentional Failure to NotifyIncluded y I This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants. 1. Additional Insured by Contract, Agreement or Permit The following is added to SECTION 11 — WHO IS ANINSUIRED. Additional Insured by Contract, Agreement or Permit a. Any person or organization with whom you agreed in a written contract, written agreement or permit that such person or organization to add an additional insured on your policy is an additional insured 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, but only with respect to: (1) "Your work" for the additional insured(s) designated in the contract, agreement or permit; (2) Premises you own, rent, lease or occupy; or (3) Your maintenance, operation or use of equipment leased to you. b. The insurance afforded to such additional insured described above: (1) Only applies to the extent permitted by law; and (2) Will not be broader than the insurance which you are required by the contract, agreement or permit to provide for Such additional insured. 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 1248 (3) Applies on a primary basis if that is required by the written contract, written agreement or permit, (4) Will not be broader than coverage provided to any other insured. (5) Does not apply if the "bodily injury" "property damage" or "personal an� advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto. c. This provision does not apply: (1) Unless the written contract or written agreement was executed or permit was issued prior to the "bodily injury", "property damage", or "personal injury and advertising injury". (2) To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (3) To any lessor of equipment: (a) After the equipment lease expires, or (b) If the "bodily injury", "property damage", "personal and advertising injury" arises out of sole negligence of thelessor (4) To any! (a) Owners or other interests from. whom land has been leased which takes place after the lease for the land ex- pires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage", "personal injury" or ""advertising injury" arises out of structural alterations, new con- struction or demolition operations performed by or on behalf of the manager or lessor. (5) To "bodily injury", "property damage" or "personal and advertising injury" arising advertising injury"' involved the rendering of or failure to render any professional services by or for you. d. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured for a covered claim is the lesser of the amount of insurance: 1. Required by the contract, agreement or permit described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 2. Additional Insured — Primary and Non - Contributory The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other insurance: Additional Insured — Primary and Non - Contributory If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under SECTION 11 — WHO IS AN INSURED, is primary and non-contributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss covered under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution from any other insurance available to the Additional Insured except: (1) For the sole negligence of the Additional Insured; Out Or the rendering of or the failure to (2) When the Additional Insured is an render any professional services. Additional Insured under another primary This exclusion applies even if the claims�-Iiability policy; or against any insured allege negligence or other wrongdoing in the supervisiorp0NAV) when b. below applies. ,4 hiring, employment, training or monitord if this ins e is primary, our obligations are le ted unless any of the other insurance no le of others by that insured, if the o 2 r ar . Then, we will share with all 1. .4a� occurrence" which caused the "bodily 6' te injury" or "property damage" or the offense . 0 insurance by the method described which caused the "personal NA elow, 421 -2915 06 15 Includes copyrighted material of Insurance?ervices Office, iric., with its permission. Page 2 of 4 1249 b. Excess Insurance (1) This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; (c) That is insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional' with permission of the owner; or (d) 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 INURY AND PROPERTY DAMAGE LIABILITY. (2) 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. (3) 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: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self insured amounts under all that other insurance. ZDY 9599284 04 8608114 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 3. Blanket Waiver of Subrogation The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: 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 damage under this coverage form. The damage must arise out of your activities under a written contract with that person or organization. This waiver applies only to the extent that subrogation is waived under a written contract executed prior to the "occurrence" or offense giving rise to such payments. 4. Bodily Injury Redefined SECTION V — DEFINITIONS, Definition 3. "bodily injury" is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death resulting from any of these at any time, "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". 5. Broad Form Property Damage — Borrowed Equipment, Customers Goods, Use of Elevators a. SECTION I — COVERAGES, COVERAGE A — BODILIY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions subparagraph i. is amended as follows: Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. We will share the remaining loss, if any, Paragraphs (3), (4) and (6) do not apply to with any other insurance that is not "property damage" to "customers goods" while described in this Excess Insurance on your premises nor do they apply to the use provision and was not bought specifically levators at premises you own, rent, lease to apply in excess of the Limits of 6 091ccupy. Insurance shown in the Declarations this Coverage Part. ejP,"4 b. The follow' s added to SECTION V — DEF S: c. Method Of Sharing 1!09tomers goods" means property of If all of the other insurance permits ustomer on your premises for the contribution by equal shares, we will follo s rpose of being: method also. Under this approac each 421-2915 06 15 Includes copyrighted maternal of Insurance Services Office, Inc., with its permission. Page 3 of 4 Im ZDY 9599284 04 860811 a. worked on; or 10. Non -Owned Watercraft b. used in your manufacturing process. SECTION I - COVERAGES, COVERAGE A c, The insurance afforded under this provision is BODILY INJURY AND PROPERTY DAMAGE excess over any other valid and collectible LIABILITY, Paragraph 2. Exclusions, subparagraph g.(2) is replaced by the following: property insurance (including deductible) available to the insured whether primary, 9. Aircraft, Auto Or Watercraft excess, contingent (2) A watercraft you do not own that is: 6. Knowledge of Occurrence (a) Less than 51 feet long; and The following is added to SECTION IV - (b) Not being used to carry persons or COMMERCIAL GENERAL LIABILITY property for a charge; CONDITIONS, Paragraph 2. Duties in the Event.This provision applies to any person who, of Occurrence, Offense, Claim or Suit: with your consent, either uses or is e. Notice of an "occurrence", offense, claim or responsible for the use of a watercraft. "suit"" will be considered knowledge of the insured if reported to an individual named 11. Supplementary Payments Increased Limits insured, partner, executive officer or an SECTION I - SUPPLEMENTARY PAYMENTS ""employee"" designated by you to give us such COVERAGES A AND B, Paragraphs 1.b. and a notice. 1 A. are replaced by the following: 7. Liberalization Clause 1.b.Up, to $2,500 for cost of bail bonds required The following is added to SECTION IV - because of accidents or traffic law violations COMMERCIAL GENERAL LIABILITY arl8ing-out-of-the-use of any vehicle to which CONDITIONS: the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds, Liberalization Clause 1.d.All reasonable expenses incurred by the If we adopt any revision that would broaden the insured at Our request to assist us in the coverage under this Coverage Form without investigation or defense of the claim or "suit", additional premium, within 45 days prior to or including actual loss of earnings up to $1000 a during the policy period, the broadened coverage day because of time off from work. will immediately apply to this Coverage Part, 12. Unintentional Failure to Disclose Hazards 8. Medical Payments - Extended Reporting The following is added to SECTION IV - Period COMMERCIAL GENERAL LIABILITY a. SECTION I - COVERAGES, COVERAGE C - CONDITIONS, Paragraph 6. Representations: MEDICAL PAYMENTS, Paragraph 11.1 Insuring Agreement, subparagraph a.(3)(b) We will not disclaim coverage under this Coverage is replaced by the following: Part if you fail to disclose all hazards existing as of the inception date of the policy provided such (b) The expenses are incurred and reported failure is not intentional. to us within three years of the date of the 13. Unintentional Failure to Notify accident; and b. This coverage does not apply if COVERAGE The following is added to SECTION IV - C - MEDICAL PAYMENTS is excluded either COMMERCIAL GENERAL LIABILITY by the provisions of the Coverage Part or by CONDITIONS, Paragraph 2. Duties in the Event endorsement. of Occurrence, Offense, Claim or Suit: 9, Newly Acquired Or Formed Organizations Your rights afforded under this policy shall not be prejudiced if you fail to give us notice of an SECTION 11 - WHO IS AN INSURED, Paragraph ""occurrence"", offense, claim or "suit", solely due to 3.a. is replaced by the following: your reasonable and documented belief that the a. Coverage under this provision is afforded until "bodily injury.. or. "property damage" is not covered the end of the policy period, I under this I& ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS R NCHANGED. . 0 GOe X�N 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 4 1251