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HomeMy WebLinkAboutWESTBOUND COMMUNICATIONS - 2013 AMEND�i q iP> L, MURANCE ON 01'- WORK MAY PIIOCEED U TILINSURANC- EXPIRE�I 60ER� COUNCIL DATE: 0_0,4 FIRST AMENDMENT TO AGREEMENT A -2013- 032 -01 THIS FIRST AMENDMENT TO AGREEMENT is entered into on October 1, 2013, by and between Westbound Conuntinications, Inc., a California cotporation ( "Consultant') anti the City of Santa. Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of Califon a ( "City "), RECITALS; A. The parties entered into Agreement #A- 2013 -032, dated February 19, 2013, (hereinafter "said Agreement ") by which Consultant has provided public outreach and promotional services related to the ReadyOC (ROC) Emergency Preparedness Campaign and the "If You See Something, Say Something "TM (S4) Campaign. B, In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services by amending the deliverables which will be provided in certain tasks, authorize the expenditure of contingency fund's in relation to specific tasks, and adopt the certifications that are required as a condition of the UASI grant funding. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows; 1. Section 1, SCOPE OF SERVICES, shall be amended to provide: a. FY 12 ReadyOC Statement of Work, a new Task 1 -G; University Outreach: Objective: To expand the citizen and education community outreach efforts through local universities, by leveraging the Quake Cottage concept with the ROC event outreach, Task Description; Provide a minimuni of four (4) events on -site at OC oolleges /urnversities (UCI, Cal State Fullerton, Chapman, Concordia, Vanguard). The team will event will include all costs and fees for the Quake Cottage simulator and the ROC event planning, programm ng and staffing, Events will be completed by March 3'1, 2014, The budget of $35,000 shall be allocated from the FY12 ROC contingency. b. FYI 1 84 Campaign shall allocate the $10,000 contingency to pay fifty percent (50 %) of the media cost for the OCTA bus advertising program running from November 15, 2013 through December 15, 2013 to implement Task 7 Staged Promotions and Public Outreach. e. FY12 S4 Campaign shall allocate the $7,500 contingency to secure and set -up seven (7) additional venues /locations for the S4 Giant Red Backpack tour, The venues will be booked, and events completed by March 31, 2014. . 2. Section 17, CONSULTANT CERTIFICATIONS, shall be amended to include the following certifications which, the Consultant adopts by execution of this Amendment: "g. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled. "Equal Employment Opportunity," as amended by Executive Order 1.1375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable, h. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti- I {ickbacic" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. i. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. j. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. k. Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. 1. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871), (53 FR 8078, 8087, Mar, 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. m. Recipient agrees that the Department, of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement," 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above, ATTEST: J 4,0 �6+ MARIA D. HMZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: La a Sheedy Assistant City Attorne FOR APPROVAL: Project CITX ]F S TA 1 v� CARLOSROJAS Acting City Manager WESTBOUND COMMUNICIATIONS, INC. *rnS&, O COMMU5 OP ID: HE .d � '' I%A CERTIFICATE OF LIABILITY INSURANCE DAO 29113 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 endoreament. A statement on this certificate does not confer rights to the certificate holder in lieu of such andoreamentiII&L PROCVCM 909.435 -0230 Sawyer Cook insurance 909.798.7971 1200 California St., Ste 264 Redlands CA 92374 xAMe: PNONE L SoodWili{amson _.__._- -- - ---�^ INSURER$ AFFORDING COVERAGE NAICN WsuRERA:Ssndnel Insurance Co. Ltd 11000 2,000,00 INSURED Westbound Communications, Inc. Wsunaga 1Atlantic Specialty Inc Co 27154 Scott Smith 625 The City Dr„ Ste 360 Orange, CA92$8$ WSURERC: 05106/14 ., d „- - WSUH,FR E: � V q .y PERSONAL AAW INJURY £ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAW, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNEREO IN ACCORDANCE WITH THE POLICY PROVISIONS. IN RT ADD, TYPE OF WSUR4NCE P YNUMa Pajoy UP Umm; AUU,T.HHO,R/UED GENERAL LUUM ITY EACHOCCURRENCE S 2,000,00 pRE Er aaawrena l . M80ESP tAPg one PentMl s 300,00 A I X 72SSAAE3737 05108113 CLAIM &MADE X7 OCCUR 05106/14 ., d „- _10,00 PERSONAL AAW INJURY £ 2,000,00 i GENERALACGREGATB $ 4,000,00 PRODUCTS. COMPttV+AGG f 1,000,00 LIMIT APPLIES P GEN'. AGGREGATE ER: POGCY I `�E PRO. M Loc S AUTOMONU LABILITY A ANY AUTO 2SSAAE3737 06/06/13 06106/14 aIN D I LIM ..— t 2,000,00 BODILY INJURY (Per persm) 6 RUTCS AUTSCHE�GUt €D X HIRED AUTOS X NON -OWNED AUTOS DOORYINJURY1Px.*.4} S OPERTY "AIA receide t S £ ' uMaREt3A WB OOCJA - EACH OCCURRENCE $ EXCESS LAB OLAIAI6,MAOE� ADOREOATE $ CEO, ParewmNS £ _ AND EMPSLOCYOEtRMS'B'NSALIT Y VfN B ANY NARTN Rx[GUnvE CLR3733 09128!12 9 OFFICER MEMSER NA I (MMaaNn} I , t0yyeeaa� i ESC,AUIP ONOFOTPERATIONSbel. i X TFl�CS A H. — ,L. EACH ACCIDENT — r 'E.L. DISEASE_ -EA EMPLOYEES IEl. DISEASE POLICY LIMIT $ 1,tl60,00 1,000,00 S 1,000,00 A Professional Llab j 'MEP1072912 09126113 09125114 Aggregate 2,000,00 -Dad 10,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IAluch ACORD M, AddMoRwI RemeeA Scheduk, R man,pear la eeuired) e10 day notice of Cancellation for non- payment of praminm> City of Santa Ana is named as additional insured with Primary and Non - Contributory wording with respects to general liability per attached SS00080405, M -'PROVED AS TO FORM CERTIFICATE HOLDER "y`°"'"'`-tr �''^a. -a--r� ,f a��`' CANCELLATION 91988.2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010106) The ACORD name and logo are registered marks of ACORD aul C NTANA AssiS 9Dt City Attorney SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 8EFORE CI of Santa Ana CY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNEREO IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701 AUU,T.HHO,R/UED 91988.2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010106) The ACORD name and logo are registered marks of ACORD COMMU -6 OP ID: HE ,l � h. aCERTIFICATE OF LIABILITY INSURANCE DATE 2913 I 1 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the Certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorood. 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 Ilou of such endorsement(s). PRODUCER 909.435 -0230 Sawyer frSt te 0 onia S 260 909.796 -7971 Redlands CA $2374 Scott W Illiamson N p NAl. T L1LflTa 0 A rt59• INSURERS AFFORDING COVERAGE NAICN INSURER A: Sentinel Insurance Co. Ltd 11000 INSURED Westbound Communications, Inc. INSURERB:Atlantle Specialty Ins Co 27164 Scott Smith 626 The City Dr., Ste 360 Orange, CA 92868 NBURERC; A INSURER O: X 72SBAAE3737 0$708113 INSURER E: MED EXP M om roan Nue PERSONAL AADV INJURY S 2,000,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OP 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. Santa Ana, CA 92701 TYPE OF INSURANCE 'C. 0- POL NUMBER MM100 N NO B L1LflTa GENERAL LABILITY EACH OCCURRENCE 8 2,000,000 PREMISE occurrence i 300,000 A X COMMERCIAL OENE,aAL LIABILITY CLNMa -MADE �X OCCUR X 72SBAAE3737 0$708113 05108114 MED EXP M om roan _ $ 10,00 PERSONAL AADV INJURY S 2,000,000 GENERALACGREGATE $ 4,000,000 OENL AGGREGATE LIMIT APPLIES PER; PRODUCTS -CONINOP AGG $ 4,000,DOD S __.. POLICY P LOC AUTOMOBILELIAMILTY CO OIN D ING E IMO E E. aaidanl 2,000,000 BODILY INJURY IPer person) S A AW ALTO 72SBAAE3737 05106113 06!06114 Al1LT0 NED SCHEDULED AUTOS NON NBD X HIRED AUTOS X AUTOS BODILY INJURY IParoaddant) E BfeWR�eM�MAGE 6 _.. _. E UMGRELLALAa OCWR EACH OCCURRENCE S AGGREGATE E EXC265 LAB CLAIM &MADE BETE B WORKERS COMPENSATION ANDEMPLOYERS'LABILTIY YIN ANY PAOPRIETORIPARTNEIVEXECUTNE ❑ RIM OFFICEEMSER EXCLUDE09 (M. dMo,In NH) If ee, deaodbeurder p OF OPERATIONS below NIA 2WECLR3783 09/28112 09/26/13 WCSTATU• 0TH• X MT EEL E.L. EACH ACCIDENT S - 11000,00 E.L. OISEA6E -EA EMPLOYEE'$ 'I EL DISEASE- POLICY LIMIT 1,000,00 S 1,00000 A Profeeslonal Liab EP1072912 09/26113 09(25114 Aggregate 2,000,00 Ded 10,00 DESCRIPTIONOPOPERATIDNEILOCAt3ON $ /VEHF 3 (ARRM ROOM 101, Addlaolnl Aamarke Soho".. If mac apaaa Is raqulNdi *10 day notice of Cancellation for non - payment of premium* City of Santa Ana, it 'a officers, employees, agents, volunteers and reprasantative ass 'yE rETd'h named as additional insured with respects to general liability. ,. CERTIFICATE HOLDER CANCELLATION 01988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Cl Ana 20 civic Center Plaza THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92701 AUTHORIZED RREEPRESENTATNE 'C. 0- 01988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Will rA BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what Is and Is not covered. Throughout this policy the words "you" and "your" refer to the Named insured shown In the Declarations. The words "we ", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions, A. COVERAGES 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily Injury ", "property damage" or "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, Investigate any "occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section D. - Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this Insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b. This insurance applies: (1) To "bodily Injury" damage" only If: Form SS 00 08 04 0$ (a) The "bodily Injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (b) The "bodily Injury" or "property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily Injury" or "property damage" had occulted,; in whole or In part. If such a listed. Insured or authorized "employee" knew, prior to the Polley period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage' during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only If the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1, of Section C. — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: and "property (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; "cur8ra, "Yep Page 1 of 24 0 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or claim for damages because of the "bodily Injury" or "property damage'; or (3) Becomes aware by any other means that 'bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily Injury" Include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily Injury". e. Incidental Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence ", but only If: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. (2) For the purpose of determining the limits of Insurance for incidental medical malpractice, any act or omission together with all related acts or omissions In the furnishing of these services to any one person will be considered one "occurrence ", 2. MEDICAL EXPENSES Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you awn or rent; or (3) Because of your operations; provided that: (1) The accident takes place In the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b, We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x -ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 3. COVERAGE EXTENSION SUPPLEMENTARY PAYMENTS a. We will pay, with respect to any claim or "suft" we investigate or settle, or any "suit" against an insured we defend: (1) All expenses we incur, (2) Up to $1,000 for the cost of ball%onds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily Injury" applies. We do not have to furnish these bonds. (3) The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to $500 a day because of time off from work. (5) All costs taxed against the Insured in the "suit". (6) Prejudgment Interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. (7) All Interest on the full amount" dsoadg judgment that accrues after entry of tike judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. Any amounts paid under (1) through (7) above will not reduce the limits of insurance. Page 2 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" So long as the above conditions are met, and an Indemnitee of the Insured is also attorneys' fees Incurred by us in the named as a party to the "suit ", we will defense of that indemnitee, necessary defend that Indemnitee If all of the litigation expenses Incurred by us and following conditions are met: necessary litigation expenses incurred (1) The "suit" against the Indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee In a contract or agreement Paragraph 1.b,(b) of Section B. — that is an "Insured contract "; Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for assumed by the Insured; Injury" and "property damage" and Vh11 (3) The obligation to defend, or the cost of not reduce the Limits of Insurance. the defense of, that Indemnitee, has Our obligation to defend an insured's also been assumed by the insured in indemnitee and to pay for attorneys' fees the same "insured contract "; and necessary liflgation expenses as (4) The allegations in the "suit" and the Supplementary Payments ends when: information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of Insurance in the payment of appears to exist between the interests judgments or settlements; or of the insured and the interest of the (2) The conditions set forth above, or the Indemnitee; terms of the agreement described in (5) The Indemnitee and the insured ask Paragraph (6) above, are no longer met. us to conduct and control the defense B. EXCLUSIONS of that Indemnitee against such "suit" and agree that we can assign the 1, Applicable To Business Liability Coverage same counsel to defend the Insured This insurance does not apply to; and the indemnitee; and e, Expected Or Intended Injury (6) The indemnitee: (1) "Bodily injury" or "property damage" (a) Agrees In writing to: expected or intended from the (1) Cooperate with us in the . standpoint of the Insured. This Investigation, settlement or exclusion does not apply to "bodily defense of the "suit "; Injury" or "property damage" resulting ( 11) Immediately send us copies of from the use of reasonable force to any demands, notices, protect persons or property; or , ; . ,��tf� summonses or legal papers (2) "Personal and advenising Injury" arCs�,N received In connection with out of an olense committed by, at the the "suit "; direction of or with the consent or (Ill) Notify any other insurer whose acquiescence of the insured with the coverage is available to the expectation of inflicting personal and advenlsing Injury". Indemnitee; and (Iv) Cooperate with us with b, Contractual Liability respect to coordinating other (1) "Bodily injury" or "property damage "; or applicable insurance available (2) "Personal and advertising injury" to the Indemnitee; and for which the Insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (f) Obtain records and other This exclusion does not apply to liability information related to the for damages because of: "suit "; and (a) "Bodily injury", "property damage" or (fl) Conduct and control the "personal and advertising injury" that defense of the indemnitee in the Insured would have in the such "suit ". absence of the contract or agreement; or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily Injury" or "property damage" (b) Performing duties related to "i'Intl assumed in a contractor agreement conduct of the Insured's business, or that is an "Insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a "property damage" occurs consequence of (1) above. subsequent to the execution of the This exclusion applies; contract or agreement. Solely for the purpose of liability assumed in (t) Whether the insured may be liable as an "insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an Insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily Injury" or "property damage" This exclusion does not apply to liability provided: assumed by the Insured under an "Insured (1) Liability to such party for, or for contract ", the cost of, that parry's defense f, pollution has also been assumed in the same "insured contract ", and (1) "Bodily "property damage" or I d advertlsirrg injury" "personal and (11) Such attorneys' tees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of "pollutants ": resolution proceeding in which damages to which this (a) At or from any premises, site or insurance applies are alleged. location which Is or was at any . c. Liquor Liability t time owned or occupied su rented or loaned to any Insure "Bodily injury" or "property damage" for However, this subparagraph does which any Insured may be held liable by not apply to: reason of: (I) "Bodily Injury" tisustainedwithin (1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the Influence of alcohol; or cool or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that is used to heat water for personal use, by relating to the sale, gift, distribution or the building's occupants or their use of alcoholic beverages. guests, This exclusion applies only if you are in the (ii) "Bodily injury" or "property business of manufacturing, distributing, damage" for which you may be selling, serving or furnishing alcoholic held liable, If you are a beverages. contractor and the owner or d. Workers' Compensatlon And Similar lessee of such premises, site or Laws location has been added to your Any obligation of the insured under a policy as an additional Insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily injury" to: such premises, site or location (1) An "employee" of the insured arising is not and never was owrtedm occupied by, or rented or out of and in the course of: loaned to, any Insured, other (a) Employment by the insured; or than that additional insured; or Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (III) "Bodily Injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such Insured, contractor or "hostile fire "; subcontractor; (b) At or from any premises, site or (II) "Bodily injury" or "property Iocatlon which Is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; Into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor; or as waste by or for: (111) "Bodily Injury" or "property (1) Any insured; or damage" arising out of heat, (II) Any person or organization for smoke or fumes fi itftfbf( "hostile "; ^tf+r whom you may be legally fire or responsible; (e) At or from any premises, site or (d) At or from any premises, site or location on which any insured or any location on which any Insured or contractors or subcontractors any contractors or subcontractors working directly or Indirectly on any working directly or indirectly on Insured's behalf are performing any insured's behalf are operations if the operations are to performing operations if the test for, monitor, clean up, remove, "pollutants" are brought on or to contain, treat, detoxify or neutralize, the premises, site or location in or in any way respond to, or assess connection with such operations the effects of, "pollutants ". by such Insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any; subparagraph does not apply to; (a) Request, demand, order or statutory (1) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the Insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants "; or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifylffgtS vehicle pan designed to hold, neutralizing, or in any 'Wait' store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants ". "bodily Injury" or "property damage" arises out of the However, this paragraph does not intentional discharge, dispersal apply to liability far damages because "property release of the fuels, of damage" that the insured lubricants is or other operating fluids, would have In the absence of such fluids, or if such fuels, request, demand, order or statutor y or lubricants or other operating regulatory requirement, or such claim "suit" fluids are brought on or to the or by or on behalf of a premises, site or location with governmental authority. the Intent that they be discharged, dispersed or Form SS 00 09 D4 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft, Auto or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while In practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment tc others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use Includes I. War of operation and "loading or unloading ". "Bodily injury", "property damage" V This exclusion applies even if the claims "personal and advertising Injury", however against any insured allege negligence or caused, arising, directly or indirectly, out of; other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others "occurrence" (2) Warlike action by a military force, by that Insured, if the which "bodily "properly including action In hindering or caused the Injury' or defending against an actual or damage" Involved the ownership, maintenance, use or entrustment expected attack, by any government, afothersor any aircraft, auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by governmental authority in hindering or (1) A watercraft while ashore on premises defending against any of these. you own or rant; 1• Professional Services (2) A watercraft you do not own that is: "Bodily injury", "property damage" or (a) Less than 51 feet long; and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This Includes (3) Parking an "auto" on, or on the ways but is not limited to: next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the Insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "Insured prepare or approve maps,v,,.gop contract" for the ownership, drawings, opinions, reports, surve+4i maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed In Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f"(3) of the definitlon of "mobile nursing services treatment, advice or equipment'; or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice or instruction; with a paid crew. However, this exception does not apply if the insured (6) Any service, treatment, advice or has any other insurance for such "bodily instruction far the purpose of injury" or "properly damage ", whether appearance or skin enhancement, hair the other insurance is primary, excess, removal or replacement or personal contingent or on any other basis, grooming; h. Mobile Equipment (7) Optical or hearing aid services Including the prescribing, preparation, "Bodil y Injury" " or property damage fitting, demonstration or distribution of arising out of; ophthalmic lenses and similar (1) The transportation of "mo ile equipment" products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured; or Page 6 of 24 Form SS 00 08 04 ds' Form SS 00 08 D4 05 Page 7 of 24 r BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstration or premises, Including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (9) Any; of Insurance applies to Damage To (a) Body piercing (not including ear Premises Rented To You as described in piercing); Section D. - Limits Of Insurance, (b) Tattooing, Including but not limited Paragraph (2) of this exclusion does not to the Insertion of pigments into or apply If the premises are "your work" and under the skin; and were never occupied, rented or held for rental by you. (c) Similar services; Paragraphs (3) and (4) of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and (11) Computer consulting, design or Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement, site design. Paragraphs (3) and (4) of this exclusion do Paragraphs (4) and (5) of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a Job site. Paragraph I.e. in Section A. - Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to "property damage" Included In the "Property damage" to: "products - completed operations hazard ", (1) Property you own, rent or occupy, 1. Damage To Your Product including any costs or expenses "Property damage" to "your product" incurred by you, or any other person, arising out of it or any part of It. organization or entity, for repair, replacement, enhancement, M. Damage To Your Work restoration or maintenance of such "Property damage" to "your work" arising property for any reason, including out of it or any part of It and included in the prevention of injury to a person or "products-completed operations hazard ". damage to another's property; This exclusion does not apply If the (2) Premises you sell, give away or damaged work or the work out of which abandon, it the "property damage" arises the damage arises was performed on your out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired Property Or (4) Personal property in the care, custody Property Not Physically Injured or control of the insured; "Property damage" to "Impaired property" 5 O That particular pan real property on or property that has not been physically which you or any contractors or y injured, arising out of: I g subcontractors working directly or (1) A defect, deficiency. Inadequacy or indirectly on your behalf are performing dangerous condition In "your product" operations, if the "property damage" or "your work "; or arises out of those operations; or (2) A delay or failure by you or 6y-Sne (6) That particular part of any property acting on your behalf to perform •a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with Its terms. Incorrectly performed on it. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical Injury to "your product" or "your work" after it has been put to its intended use. Form SS 00 08 D4 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM to il Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product "; (2) "YourwoW;or (3) "Impaired property "; If such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in R, Personal And Advertising Injury "Personal and advertising injury ": (1) Arlsing out of oral, written or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; (2) Arising out of oral, written or electronic publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of a criminal act committed by or at the direction of the Insured; (4) Arising out of any breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement"; (6) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made Ir your "advertisement "; (6) Arising out of the wrong description of the price of goods, products or services; (7) Arising out of any violation of any Intellectual property rights such as copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin or authenticity. However, this exclusion does not apply to infringement, in your "advertisement ", of (a) Copyright; (b) Slogan, unless the slogan is also a trademark, trade name, service mark or other designation of origin or authenticity; or (c) Title of any literary or artistic work; (8) Arising out of an offense committed by an Insured whose business is: (a) Advertising, broadcasting, publishing or telecasting; (b) Designing or determining content of web sites for others; or (c) An Intemet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a„ b. and c. under the definition of "persorral-4gd adverising Injury" in Section. Liability And Medical Expenses Definitions. For the purposes of this exclusion, placing an "advertisement" for or linking to others on your web site, by Itself, Is not considered the business of advertising, broadcasting, publishing or telecasting; (9) Arising out of an electronic chat room or bulletin board the insured hosts, owns, or over which the Insured exercises control; (10) Arising out of the unauthorized use of anther's name or product in your a -mall address, domain name or metatags, or any other similar tactics to mislead another's potential customers; (11) Arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the Insured would have in the absence of such state or federal act; "a,, Mlgi (12) Arising out of: (a) An "advertisement" for others on your web site; (b) Placing a link to a web site of others on your web site; (c) Content from a web site of others displayed within a frame or border on your web site. Content includes information, code, sounds, text, graphics or Images; or (d) Computer code, software or programming used to enable: (1) Your web site; or (ft) The presentation or functionality of an "advertisement" or other content on your web site; Page 8 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or Incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation In price or alleging actual or threatenedAinjury value of any stooks, bonds or other or damage of any nature or kind to securities; or persons or property which would {15} Arising out of discrimination not have occurred in whole or In humiliation committed by or at the a part but for the "asbestos hazard' direction of any "executive officer ", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or q. Eleotronic Data others test for, monitor, clean up, remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, Inability any way respond to or assess the to access, or inability to manipulate effects of an "asbestos hazard "; or "electronic date ", (c) Arise out of any claim or suit for r. Employment - Related Practices damages because of testing for, "Bodily Injury" or "personal and advertising monitoring, cleaning up, removing, injury" to: encapsulating, containing, treating, (1) A person arising out of any: detoxifying or neutralizing or In any (a) Refusal to employ that person; way responding to or assessing the effects of an "asbestos hazard ". (b) Termination of that person's t. Violation Of Statutes That Govern E. employment; or Malls, Fax, Phone Calls Or Other (c) Employment - related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation, "Bodily injury", "property damage ", or reassignment, discipline, "personal and advertising injury "- ,gr)09 defamation, harassment, humiliation directly or Indirectly out of any actionii or discrimination directed at that omission that violates or is alleged to person; or violate: (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act (TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; personal and advertising injury" to the person at whom any of the (2) The CAN -SPAM Act of 2003, including employment- related practices any amendment of or addition to such described in Paragraphs (a), (b), or (c) law; or above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN -SPAM Act (1) Whether the insured may be liable as of 2003, that prohibits or limits the sending, transmitting, communicating or an employer or in any other capacity; distribution of material or Information. and (2) To any obligation to share damages Damage To Premises Rented To You — Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. s. Asbestos Exclusions c. through h, and k. through o, do not apply to damage by fire, lightning or (1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the "asbestos hazard ". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described in loss, costs or expenses that Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury ": a. Any Insured To any Insured, except "volunteer workers ". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured, c. Injury On Normally Occupied Premises To a person Injured on that part of premises you own or rent that the person normally occupies, d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, If benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. I. Products-Completed Operations Hazard Included with the "products- completed operations hazard ". III. Business Liability Exclusions Excluded under Business Liability Coverage, C. WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are Insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an Insured, Your members are also insureds, but only with respect to the conduct of your business. Your managers are Insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited []ability company, you are an insured, Your "executive officers" and directors are Insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also Insureds, but only with respect to their duties as trustees. 2. Each of the following Is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees ", other than either your "executive off ioors" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business, However, none of these "employees" or "volunteer workers" are insureds fort. r;r,z, (1) "Bodily injury" or "personal anti advertising injury (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co- "employee" while In the course of his or her employment or performing dudes related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co- "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there Is any obligation to share damages with or repay someone else who must pay damages because of the injury described In Paragraphs (1)(a) or (b) above; or G, (d) Arising out of his or her providing or tailing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any by (1) "Bodily Injury" or "property damage" purpose you, any of your 'employees ", 'volunteer workers ", that occurred; or any partner or member (if you are (2) 'Personal and advertising. injury" a partnership or joint venture), or arising out of an offense committed any member (If you are a limited before you acquired or formed the liability company), organization. b. Real Estate Manager 4, Operator Of Mobile Equipment Any person (other than your "employee" or With respect to "mobile equipment" registered in "volunteer worker "), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an Insured while driving such c. Temporary Custodians Of Your equipment along a public highway with M, Property permission., Any other person or organization Any parson or organization having proper responsible for the conduct of such person is temporary custody of your property if you also an Insured, but only with respect to liability arising out of the operation of the equipment, and die, but only: only If no other insurance of any kind Is available (1) With respect to liability arising out of the to that person or organization for this liability, maintenance or use of that property; and However, no person or organization Is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co- "employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b• "Property damage" to property owned by, only with respect to duties as such, That, rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this Insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally Incorporated entity is less than 51 feet long and Is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part, your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person Is also an insured, but only with as a named insured does not apply to respect to liability arising out of the operation injury or damage with respect to which an of the watercraft, and only if no,yo(ber, insured under this insurance is also an Insurance of any kind Is available to .,toQ1. insured under another policy or would be person or organization for this liability. an Insured under such policy but for Its However, no person or organization Is an termination or upon the exhaustion of its insured with respect to: limits of insurance, a. "Bodily Injury" to a co- "employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by imited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision Is afforded The persons) or organization(s) Identified in only until the 180th day after you acquire Paragraphs a. through L below are additional or form the organization or the and of the insureds when you have agreed, in a written policy period, whichever is earlier; and Form SS 00 08 04 06 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a ( (e) Any failure to make such permit Issued by a state or political i inspections, adjustments, tests or subdivision, that such person or organization s servicing as the vendor hps be added as an additional Insured on your a agreed to make or noVm policy, provided the injury or damage occurs u undertakes to make in the us subsequent to the execution of the contract or c course of business, in connection agreement, or the issuance of the permit. w with the distribution or sale of the A person or organization is an additional p products; insured under this provision only for that ( (f) Demonstration, installation, period of time required by the contract, s servicing or repair operations, agreement or permit. e except such operations performed However, no such person or organization is an o of the vendor's premises i additional insured under this provision if such c product; person or organization is included as an p (g) Products which, after distribution by us and made a part of this Coverage Peru o or sale by you, have been labeled including all persons or organizations added o or relabeled or used as a as additional insureds under the specific c container, part or ingredient of any additional insured coverage grants in Section o other thing or substance by or for F. — Optional Additional Insured Coverages. t the vendor; or a. Vendors ( (h) "Bodily injury" or "property damage" arising out of the sole Any persons) or organization(s) (referred to d negligence of the vendor for Its below as vendor), but only with respect to n own acts or omissions or those o "bodily Injury" or "property damage" arising o Its employees or anyone else out of "your products" which are distributed I acting n its behalf. However, this or sold in the regular course of the vendor's a exclusi on doss not apply to: business and only if this Coverage Part e provides coverage for "bodily injury" or ( (1) The exceptions contained in "property damage" included within the S Subparagraphs (d) or (fa; or ix "products- completed operations hazard ". ( (11) Such inspections, adjust me si (1) The insurance afforded to the vendor t tests or servicing as the vendor is subject to the fallowing additional h has agreed to make or normally exclusions; u undertakes to make in the usual This insurance does not apply to; c course of business, In connection with the distribution (a) "Bodily Injury" or "property o or sale of the products, damage" for which the vendor is ( (2) This insurance does not apply to any obligated to pay damages by I Insured person or organization from reason of the assumption of w whom you have acquired such products, liability in a contract or agreement. o or any ingredient, part or container, This exclusion does not apply to e entering into, accompanying or liability for damages that the c containing such products. vendor would have In the absence of the contract or agreement; b b. Lessors Of Equipment (b) Any express warranty ( (1) Any person or organization from unauthorized by you; w whom you lease equipment; but only (c) Any physical or chemical change w with respect to their liability for "bodily in the product made Intentionally injury", " Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional Insureds, this Subdivisions insurance does not apply to any "occurrence" (1) Any state or political subdivision, but which takes place after only with respect to operations you cease to lease that equipment, performed by you or on your behalf for c, Lessors Of Land Or Premises which the state or poiltical subdivision (1) Any parson or organization from has Issued a permit. whom you lease land or premises, but (2) With respect to the Insurance afforded only with respect to liability arising out to these additional Insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "properly damag e" J eased to you, leased nal or "personal and advertising (2) With respect to the Insurance afforded Injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "products - land or be a tenant in that completed operations hazard", premises; or , f, Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition operations performed by or on is not an insured under Paragraphs a. behalf of such person or through e, above, but only with "bodily organization. respect to liability for injury ", "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but In part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting Injury", "property damage" or "personal on your behalf: and advertising Injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) in connection with your premises; (c) In connection with "your work" and or Included within the "products• (b) In the performance of your completed operations hazard ", but ongoing operations performed by only If you or on your behalf, (1) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion appiies: such additional Insured; and This Insurance does not apply to (ll) This Coverage Part provides "bodil y In damage" or J ur y ", " prop ®rly dame "personal coverage for "bodily injury" or and advertising injury" "property damage" included arising out of the rendering of or the within the "products. failure to render any professional completed operations hazard ". services by or for you, Including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, reports, surveys, field orders, "Bodily injury ", "property damage" or "personal change orders, designs or and advertising injury" drawings and specifications; or arising out of the rendering of, or the failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities, Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of Insurance that apply to additional insureds are described in Section D. — Limits Oflnsurance. How this insurance applies when other insurance Is available to an additional Insured Is described In the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured In the Declarations, D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizatlons making claims or bringing "suits ". 2, Aggregate Limits The most we will pay for; a. Damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard" is the Products - Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily Injury", 'property damage" or 'personal and advertising injury", Including medical expenses, is the General Aggregate Limit shown In the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. 'Location' means premises involving the same or connecting lots, or premises whose connection Is Interrupted only by a street, roadway or right -of -way of a railroad. Page 14 of 24 This General Aggregate limit does not apply to 'property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion, 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily "Irljdto "property damage" and medical experift arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily Injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Promises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightn ft of explosion, the Damage to Premises Rented" You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who Is an additional insured under this Coverage Part Is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b, The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of Insurance under this (1) Immediately send us copies of ?a4i policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit ", the most we will pay legal papers received in connection under this policy and the endorsements Is the with the claim or "suit "; single highest limit of liability of all coverages applicable to such claim or "suit ". However, this (2) Authorize us to obtain records and paragraph does not apply to the Medical Expenses other Information; limit set forth in Paragraph 3, above. (3) Cooperate with us In the investigation, The Limits of insurance of this Coverage Part apply of the claim or defense against the "suit "; and separately to each consecutive annual period and to any remaining period of less than 12 months, starting (4) Assist us, upon our request, in the with the beginning of the policy period shown In the enforcement of any right against any Dsciarations, unless the policy period is extended person or organization that may be after Issuance for an additional period of less than 12 liable to the insured because of injury months. In that case, the additional period will be or damage to which this Insurance deemed art of the last preceding p g padod for purposes may also apply, of determining the Limits of Insurance. d, Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No Insured will, except at that Insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid, without our consent, Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the Insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part, Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional Insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to 'J4 You or any additional Insured must see to other insurer for defense and indemnity, It that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should Include: permit that this Insurance is primary and (1) How, when and where the °occurrence" non-contributory with the additional Insured's own insurance. or offense look place, (2) The names and addresses of an y f. Knowledge Of An Occurrence, Offense, Claim Or Suit injured persons and witnesses; and (3) The nature and location of any Injury Paragraphs a, and b. apply to you or to or damage arising out of the any additional Insured only when such "occurrence ", occurrence" or offense. offense, claim or "suit" is known to: b. Notice Of Claim (1) You or any additional insured that is If a claim Is made or "suit" is brought an Individual; against any insured, you or any additional insured must: (2) Any partner, if you or an additional insured is a partnership; (1) Immediately record the specifics of the "suit" (3) Any manager, if you or an additional claim or and the date received; insured Is a limited liability company; and (2) Notify us as soon as practicable. (4) Any "executive officer" or insurance manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the claim or "suit" as soon as practicable. (5) Any trustee, If you or an ad'diti'onal "'H� insured is a trust; or c. Assistance And Cooperation Of The Insured (5) Any elected or appointed official, if you or an additional insured is a political You and any other Involved insured must: subdivision or public entity. Form SS 00 08 04 06 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional Insured. 3. Financial Responsibility Laws a, When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this Insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no -fault or other coverage required by any motor vehicle law, We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of Insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this Insurance applies: a. As if each Named Insured were the only Named Insu red; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy In reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fall to disclose all hazards relating to the conduct of your business at the Inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other insurance If other valid and collectible Insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when`tS: below applies. If other insurance Is also primary, we will share with all that other insurance by the method described in o. below. b. Excess Insurance This insurance Is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work Thai is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work "; (2) Premises Rented To You That Is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is Insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A.— Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Page 16 of 24 Form SS 00 08 04 05 (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arlsing out of the premises or operations, or products and completed operations, for which you have been added as an additional Insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That Is other Insurance available to an additional insured. However, the following provisions apply to other Insurance available to any person or organization who is an additional Insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance Is primary if you have agreed In a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described In c. below. (b) Primary And Non- Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non - contributory with the additional insured's own Insurance, this Insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other Insurance to which the additional Insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part 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. Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM When this Insurance Is excess over other Insurance, we will pay only our share of the amount of the loss, If any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- Insured amounts under all that other Insurance. We will share the remaining loss, if any, with any other insurance that is not described In this Excess Insurance provision and was not bought specifically to apply In excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid Its applicable limit of insurance or none of the loss remains, whichever comes first. F 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. S. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery 'l`- If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. It. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the Insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the Insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Page 17 'of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to Include as an additional Insured the persons) or organizations) shown in the Declarations, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting an your - behalf: a. In the performance of your ongoing operations; or b. In connecticn with your premises owned by or rented to you. 2. Additional Insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. Is amended to include as an additional Insured the person(s) or organization(s) shown in the Declarations as or Additional Insured - Designated Person Or Organization; but only with respect to liability arising out of the ownership, maintenance or use of that part of the promises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional Insureds, the following additional exclusions apply: 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 behaff of such person or organization. 124 3. Additional Insured - Grantor Of Franchise WHO IS AN INSURED under Section C. is amended to include as an additional Insured the person(s) or organizations) shown In the Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an additional Insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Lessor of Leased Equipment, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising Injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). b. With respect to the insurance afforded to these additional Insureds, this Insurance does not apply to any "occurrence" twhibh takes place after you cease to lease that equipment. 5. Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to Include as an additional insured the person(s) or organizations) shown in the Declarations as an Additional Insured — Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising cut of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization,''�nESh 6. Additional Insured - State Or Political Subdivision — Permits e. WHO IS AN INSURED under Section C. is amended to Include as an additional Insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Politcal Subdivision - (e) Any failure to make such Permits, but only with respect to Inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the slate or political to make or normally undertakes to subdivision has Issued a permit. make in the usual course of b. With respect to the insurance afforded to business, In connection with the these addtional Insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to; servicing or repair operations, (1) Bodily injury ", "property damage" or except such operations performed "personal and advertising Injury" at the vendor's premises in connection with the sale of the arising out of operations performed for product; the state or municipality; or (2) Bodily injury" or "property damage" "product (g) Products which, after dlsfnhq tlon or sale by you, have been IatielgcJ included the - completed or relabeled or used as a operations" hazard, container, part or Ingredient of any 7. Additional Insured — Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. Is the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out at the sole (referred to below as vendor) shown In the negligence of the vendor for Its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone Injury" or "property damage" arising out of .else acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's d in (t) The exceptions contained business and only If this Coverage Part Subparagraphs {d) or (f); or provides coverage for "bodily injury" or property damage" Included within the (11) Such inspections, "products - completed operations hazard ", adjustments, tests or servicing b. The Insurance afforded to the vendor Is as the vendor has agreed to subject to the following additional exclusions: make or normally undertakes to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor Is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquireddlug}jg({ This exclusion does not apply to products, or any ingredient, pate, M liability for damages that the container, entering Into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional insured - Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to Include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under instructions from the manufacturer, b. Premises they own, maintain or control and then repackaged in the original while you lease or occupy these promises, container; Form SS 00 08 04 05 Page l g of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 9. Additional Insured — Owners, Lessees Or Contractors — Scheduled Person Or Organization a. WHO 15 AN INSURED under Section C. is amended to Include as an additional Insured the person(s) or organization(s) shown in the Declarations as an Additional Insured— Owner, Lessees Or Contractors, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising Injury" caused, in whale or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations for the additlonal insured(s); or (2) In connection with "your work" performed for that additional insured and included within the "products - completed operations hazard ", but only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard ". b. With respect to the Insurance afforded to these additional Insureds, this Insurance does not apply to "bodily Injury", "property damage" or "personal an advertising Injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 10. Additional Insured — Co -Owner Of Insured Promises WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or Organlzatlon(s) shown In the Declarations as an Additional Insured — Co- Owner Of Insured Promises, but only with respect to their liability as co -owner of the premises shown in the Declarations. The limits of Insurance that apply to additional insureds are described in Section D, — Limits Of Insurance. o ati.. How this Insurance applies when other insul'atlprd is available to an additional insured Is described "Ih the Other Insurance Condition in Section E, — Liability And Medical Expenses General Conditions. G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement' means the widespread public dissemination of Information or images that has the purpose of Inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; b. The Internet, but only that part of a web site that is about goods, products or services for the purposes of inducing the sale of goods, products or services; or c. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, informatio or Images contained in, on or upon the packaging or labeling of any goods or products; or b. An Interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the more presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semi - trailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not Include "mobile equlpment". 5. "Bodily Injury" means physical: a. Injury; b, Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time, 6. "Coverage territory" means: tier Page 20 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. The United States of America (Including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the Injury or damage occurs In the course of travel or transportation between any removal of "your product" or "your work"; places included In a. above; or c. All other parts of the world if the Injury or b. Your fulfilling the terms of the contract or damage arises out of: agreement. (1) Goods products made or sold you 92. "Insured contract" means: rr in the territory described in a. above; e; a. A contract for a lease of premises. (2) The activities of a person whose home However, that portion of the contract fora Is In the territory described In a. lease of premises that indemnifies any above, but Is away for a short time on person or organization for damage by fire, your business; or lightning or explosion to premises while rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described In Section communication D. — Liability and Medical Expenses Limits provided the Insured's responsibility to pay of Insurance. damages is determined In the United States of b. A sidetrack agreement; America (including its territories and possessions), Puerto Rica or Canada, In a c. Any easement or license agreement, "suit" on the merits according to the ncluding an easement or license substantive law in such territory, or in a agreement in connection with construction settlement we agree to. or demolition operations on or within So feet of a railroad; 7. "Electronic data" means Information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except in a. Stored as or on; connection with work for a municipality; b, Created or used on; or e. An elevator maintenance agreement; or c. Transmitted to or from I. That part of any other contract or computer software, Including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD-ROW, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) undea,which are used with electronically controlled you assume the tort liability of an6&aK equipment. party to pay for "bodily injury" or "property & "Employee" includes a "leased worker ", damage" to a third person or organization, "Employee" does not include a "temporary provided the "bodily injury" or "property worker", damage" is caused, in whole or In part, by 9. "Executive officer" means a person holding you or by those acting on your behalf. Tort liability means a liability that would be any of the officer positions created by your Imposed by law In the absence of any charter, constitution, by -laws or any other similar governing document. contrast agreement. 10. "Hostile fire" means one which becomes Paragraph h I. includes that pat of any uncontrollable or breaks out from where it was contract or agreement that Indemnifies a intended to be. railroad for bodlly Injury" or "property 11. "Impaired property" means tangible property, damage" arising out of construction or demolition operations within 50 feet of any other than "your product" or "your work ", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road -beds, tunnel, a. It Incorporates "your product" or "your work" underpass or crossing. that is known or thought to be defective, However, Paragraph f, does not include deficient, inadequate or dangerous; or that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That indemnities an architect, (1) Power cranes, shovels, leaders+ engineer or surveyor for injury or diggers ordrllls;or *tires damage arising out of: (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers; drawings, opinions, reports, e. Vehicles not described in a., b., c., or d. surveys, field orders, change above that are not self - propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications; or permanently attached equipment of the (b) Giving directions or instructions, following types: or failing to give them, if that is the (1) Air compressors, pumps and primary cause of the injury or generators, including spraying, damage; or welding, building cleaning, (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment; or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failure to render professional services, including those f. Vehicles not described in a., b., c., or d. listed in (1) above and supervisory, above maintained primarily for purposes inspection, architectural or other than the transportation of persons or engineering activities, cargo. 13. "Leased worker" means a person leased to However, self - propelled vehicles with the you by a labor leasing firm under an following types of permanently attached agreement between you and the labor leasing equipment are not "mobile equipment" but firm, to perform duties related to the conduct of "Leased will be considered "autos ": +obwdr � Equipment, least 1.000 your business, worker' does not (1) of at poun;s Include a "temporary worker ", gross vehicle weight, designed 14. "Loading or unloading" means the handling of primarily for: property: (a) Snow removal; a. After it Is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing; or aircraft, watercraft or "auto'; (c) Street cleaning; b. While it is in or on an aircraft, watercraft or *(2) Cherry pickers and similar devices "auto "; or mounted on automobile or truck c. While It is being moved from an aircraft, chassis and used to raise or lower watercraft or "auto" to the place where It is workers; and finally delivered; (3) Air compressors, pumps and but "loading or unloading" does not include the generators, including spraying, movement of property by means of a mechanical welding, building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft, watercraft or "auto ". well servicing equipment. 15. "Mobile equipment" means any of the following 18. "Occurrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury" means Injury, other vehicles designed for use principally Including consequential "bodily Injury", arising off public roads; out of one or more of the following offenses: b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; next to premises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads; nq d. Vehicles, whether self - propelled or not, on .,t which are permanently mounted: Page 22 of 24 Form SS 00 08 04 05 c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that the person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement ", a person's or organization's "advertising idea" or style of "advertisement "; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement"; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, aolds, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products- completed operations hazard' a. Includes all "bodily Injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still In your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed If your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily Injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition In or on a vehicle not owned or operated by you, and that condition was created by the "loading` gr unloading" of that vehicle by any insured; or (2) The existence of tools, unlnstallad equipment or abandoned or unused materials, 20. "Property damage" means; a. Physical Injury to tangible property, Including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical Injury that caused it; or b. Loss of use of tangible property that is not physically Injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused it. As used in this definition, "electronic data" Is not tangible property. 21. "Suit" means a civil proceeding In which damages because of "bodily Injury ", "property damage" or "personal and advertising Injury" to which this insurance applies are alleged, "Suit" includes: a. An arbitration proceeding in whlch,Ayp,, damages are claimed and to which. insured must submit or does submit wV our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who Is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions, 23. "Volunteer worker" means a person who: a. Is not your "employee "; Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; c, Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you, 24, "Your product% a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (o) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product "; and Page 24 of 24 (2) The providing of or failure to provide warnings or Instructions. C. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work ": w? + ttia a. Means: , (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work "; and (2) The providing of or failure to provide warnings or Instructions. Form 88 00 08 04 05�