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HomeMy WebLinkAboutACTIVE NETWORK, THE-2015City of Santa A I Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with COTC Office Use F" -6 PM DF ' A/' COUNCILS No. N-2015-097-001 was completed on and final payment has been made. (List all amendments. Use space below if needed.) Department: VRC 6 A Phone/Ext.: LIQ iq Signature: A"4r� Date: Revised 08-23-10 DdcuSign Envelope ID: ADD40500- BE3E- 4D8F- 88AC- 3C333FDD21 F1 to 54F m on, I F _2415- 497.401 taiwrtl tNSVYFtANC� ?�'q k n i 4OUNCIL AMENDMENT OAT D& qg TO THE AGREEMENT This Amendment No. 1 (this "Amendment ") is made effective as of November 30, 2015 (the "Amendment Effective 31�Y1q �. Date ") by and between City of Santa Ana ( "Client') and Active Network, LLC ( "Active ") and amends that certain Products and Services Agreement, dated as of June 9, 2015 (the "Agreement') entered Into by the Parties. Client and Active are also individually referenced herein as a "Party" and collectively as the "Parties." Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Agreement. NOW THEREFORE in consideration of the mutual covenants, recitals and promises contained in this Amendment and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each Party, the Parties hereto hereby agree as follows: Changes to the Agreement. Section 6.1 Termination of the Agreement is deleted in Its entirety and replaced with the following: 6.1 Termination. This Agreement will terminate on November 30, 2016, unless terminated: (a) at the option of either party if the other party materially defaults in the performance or observance of any of Its obligations hereunder and fails to remedy the default within thirty (30) days after receiving written notice thereof; or (b) without limiting (a), at the option of Active if Client breaches Its payment obligations, provided that the right of termination will be In addition to all other rights and remedies available to the parties for breach or default by the other, or (c) as allowed In Section 23. 2. Applicable Schedule, The applicable schedule for the Agreement as of the Amendment Effective Date is attached as Exhibit A, which shall supersede all prior schedules. 3. Full Force and Effect. Except as expressly modified herein, the Agreement remains In full force and effect. All references in the Agreement to "this Agreement," " hereto," "hereof," "hereunder" or words of like import referring to the Agreement shall mean the Agreement as amended by this Amendment. In the event any of the terms and conditions of the Agreement conflict with the terms and conditions of this Amendment, the terms and conditions of this Amendment shall prevail only as to the subjec`k matter expressly stated herein. 4. Counterparts. This Amendment may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document, binding against each of the Parties. To the maximum extent permitted by law or by any applicable governmental authority, this Amendment may be transmitted by facsimile, electronic mail (including pdf) or other transmission method with the same validity as if it were an ink - signed document and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the Amendment Effective Date. Active Network, LL.0 by Its authorized sigeatorry By: l�SPOTP16"FliNki —L i bSLtln S Name: ns Title: Date: General Manager 11/24/2015 1 5z11 PM CT Attest; By: Name: Maria D. Holzer, Clerk of Co4lfl � Revised 03/10/2014 City of Santa Ana by its authori�zag.signa By: Name: David Cavazos Title: City Manager Date: Approved as to Form: Name: John M. Funk, Assistant City Attamey DocuSign Envelope ID: ADD40500- BE3E- 4DBF- 98AC- 3C333FDD2l F1 1.. rrr„ rte, networx. Contact Info: 717 N: Harwood Street Dallas, TX 75201 United Stales Phone: 469. 291-0300 Option 4 - Fax: 469- 533 -3940 Questions? Email us at ActiveAR @active.com Bill To: CITY OF SANTA ANA Attn: Accounts Payable PO BOX 1988 10-23 SANTA ANA, CA 92702 United States Sales Person Service Contract # Malnl Renewal SC4100003774.5 Invoice CITY OF SANTA ANA Cost # Invoice # Invoice Date Customer PO # 3610 4100125328 31- AUG -15 Ship To: CITY OF SANTA ANA Attn: PO BOX 1988 M -23 SANTA ANA, CA 92702 United States Deal Id Terms Due Date 90 NET 29- NOV -15 Ln Item # Description 1 70719MR Class - Maintenance & Support Renewal • Registration (includes Flex Reg) - per workstation: 12/01/2015 -- 1113012016: 2 70721MR Class - Maintenance & Support Renewal - Reservations (includes QulckRez) - per workstation: 12/01/2015 •- 11/30/2016: 3 70036MR Class - Maintenance & Support Renewal - Crystal Reports: 12/01/2015 -• 1113012016: 4 70067MR Class • Maintenance & Support Renewal - Brochure -link (Desktop Publishing Integration) - per server: 12 /01/2016 •• 11/30/2016: 5 70708MR Class - Maintenance & Support Renewal - Multilingual - Front Dosk - per workstation: 12/01/201 S -• 1113012.016: Notes: Yearly Installment 1 of 1 Transaction Type Curr INV -INC COM SOL USD Covered Qty Duration Unit Price 11.00 1 Year 7.00 1 Year 1.00 1 Year 1.00 1 Year 1.00 1 Year Please Pay this Amount: 578.81 578.81 173.65 646.38 165.38 Subtotal: Tax Total: Invoice Total: Balance Due: Amount VC00'ao ay x Wit Pao) 6,366.91 4,051.67 173.65 646.38 165.38 11,403.99 0.00 11,403.99 11,403.99 Please Remit Check Payment to our Lockbox: TO PAY BY CREDIT CARD OR ACH, OR TO SETUP RECURRING PAYMENT, PLEASE CONTACT US AT AGIlysAR AdkQ=. PLEASE BE SURE TO INCLUDE ACTIVE'S INVOICE NUMBER ON YOUR REMITTANCE ACI IU° CERTIFICATE OF LIABILITY INSURANCE IeI 611/2016 DATE'MMUID Y Yl 6/11/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Lookton Insurance Brokers, LLC CA License WOF15767 TWO EmbarCadero Center, Suite 1700 San Francisco CA 94111 (415)568.4000 N- 2015 - 097 -001 NAME: CT PRONE AIC No: M8 -MAIL ADDRESS: ,_,_,_ ---_. -_ I NSURERS AFFORDING COVERAO E NAIC9 INSURER A: National Fire Insurance Co of Hartford 20478 INSURED ACTIVE Network, Inc. 1397685 717 Noth Hw'wood SU, Suite 2500 Dallas TX 75201 INSURER e: The Continental Insurance CompanX 35289 INSURER C i 6/1/2016 INSURER 0: � 1000 000 INSURERE; $ 1000000 INSURER F; COVERAGES 1084882 CERTIFICATE NUMBER: 13529467 REVISION NUMBER: XXXXXXX 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 TFIE PERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL BURR POLICY NUMBER MMIDDNYYY POLICY VYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y N 6016940273 6/1/2015 6/1/2016 EACH OCCURRENCE � 1000 000 DAMAGE TO RENTEp PREMISES (Ea occurrenoa) $ 1000000 - - J CLAIMS -MADE x+ .00CUR X MEO EXP (Any one 9oax $ 15MO host Liquor Unit. Included PERSONAL &ACV INJURY $ 1,000,000 GENT X AGGREGATE LIMIT APPLIES PF.R, POLICY PRO. LOC _I JECT OTHER'. GENERAL AGGREGATE $ 2000 PRODUCTS - COMPIOP AGO $ 2,000,000 $ B AUTOMOBILE LIABILITY Nr N 6016940239 6/1/2015 6/1/2016 Ee accident) $ 1,000,000 BODILY INJURY (Per p.,I $ xxxxxxx X ANY AUTO - ALL O SCHEDULED AUTOS AUTOS _ NON -OWNED IIIREDAUTOS N76S BODILY INJURY Peraccldenl s XXXXXXX PROPFRTYDAMAGE $ XXXXXXX sxxxxxxX X Como $500 1 X I Cott $500 UMERE4LAWAD OCCUR NOT APPLICABLH EACH OCCURRENCE $ XXXXXXX EXCESS LIAR CLAIMS -MADE AGGREGATE sxxxxxxx DED RETENTION .$ & XXXXX B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPAHTNER/EXECUTIVE ❑NIA OFFICERIMEMBER EXCLll0ED9 N N 6016940256 6 /1(2015 6/112016 X STATUTE ER GL. EACH ACCIOENI' 51000 E, L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandalory In NH) d.wlbo o, DESCRIPTION OP OPERATIONS below E.L. DISEASE - POLICY LIMIT If 1000 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Renolke Sahadaps play be anag;sd if more space h, regoiratl) RE: City of Santa Ana, its officers, agents and employees are Additional I1)anr0d t rlue, jent provided by the policy language or ondorsonlent issued or approved by the insurance carrier, Insurance provided to Additional hawed(s) is primar �,11 nontrlbatory us per the attached endorsements or policy language. \0\2 V 1 Gue.J'(�'\r 13529467 City of Santa Ana Attn: PRCSA 20 Civic Center Plaza, M -23 Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD CNA G- 144294 -C99 (Ed. 12106) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. TECHNOLOGY GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part, 1. ADDITIONAL INSURED - BLANKET VENDORS WHO IS AN INSURED (Section It) is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily Injury" or "properly damage" arising out of "your products" which are distributed or sold in the regular course of the vendors business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. 'Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendors premises in connection with the sale of the product, g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, or Attachment Code: D509349 Certificate ID: 13529467 h. "Bodily injury" or "property damage' arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf, However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 1. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Coverage Part. 4. This provision 1. does not apply if "bodily injury" or "property damage" included within the "products - completed operations hazard" is excluded either by the provisions of the Coverage Part or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy: and 2. Executed prior to the "bodily injury," "property damage' or "personal injury and advertising injury," but only the following 6 \JI Page 1 of 6 additional insureds is limited as provided herein: Additional Insured - "Your Work" That person or organization for whom you do work is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured, The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional Insured by this paragraph. 2.9., does not apply to "bodily injury" or "property damage" arising out of the "products- completed operations hazard" unless: (a) It is required by the written contract or written agreement; and (b) "Bodily Injury" or "property damage" included within the "products- completed operations hazard" is not excluded either by the provisions of the Coverage Part or by endorsement. (3) The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions A state or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which the insurance applies: Attachment Code: D509949 Certificate [D; 19529467 (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures, or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their ability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This Insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease or be a tenant in that premises; or (2) Structural alterations, now construction or demolition operations performed by or on behalf of such additional insured. e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as ;�� ea ,c� G`�eJ fi`�' � gP�P� Q . Page 2 of 6 mortgagee, assignee, or receiver and arising out of the Any insurance provided to an additional insured ownership, maintenance, or use of a premises by you, designated under paragraphs b, through h. above does (1) Any "occurrence" which takes place after you cease not apply to "bodily injury" or "property damage" included This insurance does not apply to structural alterations, within the "products- completed operations hazard," new construction or demolition operations performed by As respects the coverage provided under this or for such additional insured. endorsement, Paragraph 4.b. SECTION IV - f. Owners /Other Interests - Land is Leased COMMERCIAL GENERAL LIABILITY CONDITIONS is An owner or other interest from whom land has been deleted and replaced with the following: leased by you but only with respect to liability arising out or damage covered by this endorsement to be excess of the ownership, maintenance or use of that specific part 4 Other Insurance of the land leased to you and subject to the following additional exclusions, b, Excess Insurance This insurance does not apply to: This insurance is excess over Any other insurance naming the additional insured as an (1) Any "occurrence" which takes place after you cease insured whether primary, excess, contingent or on any to lease that land; or other basis unless a written contract or agreement (2) Structural alterations, new construction or demolition specifically requires that this insurance be either primary operations performed by or on behalf of such,( /or primary and noncontributing. Where required by additional insured. ,°1'�, written contract or agreement, we will consider any other 1 Insurance maintained by the additional insured for injury g. Co -owner of Insured Premises or damage covered by this endorsement to be excess and noncontributing with this insurance. A co -owner of a premises co -owned by you and covered under this insurance but only with respect to the co- owners liability as co -owner of such premises. h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage," or "personal and advertising injury" arising out of the sole negligence of such additional insured. Attachment Code: D509349 Certificate ID: 13529467 3. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Paragraph 3.a. of Section II - Who Is An Insured is deleted and replaced by the following: Coverage under this provision is afforded only until the end of the policy period or the next anniversary of this policy's effective date after you acquire or form the organization, whichever is earlier. 4. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANY COVERAGE A, The following is added to Section II - Who Is An Insured: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or limited liability company. This coverage does not apply. a. Prior to the termination date of any joint venture, partnership or limited liability company; or b. If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. Rea ui! Q� Page 3 of 6 B. The last paragraph of Section 11 - Who Is An Insured is h. Discrimination or humiliation that results in injury to the deleted and replaced by the following: feelings or reputation of a natural person, but only if such discrimination or humiliation is: Except as provided in 4, above, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 5, PARTNERSHIP OR JOINT VENTURES Paragraph 1.b. of Section II - Who Is An Insured is deleted and replaced by the following: b. A partnership (including a limited liability partnership) orjoint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. 6. EMPLOYEES ASINSUREDS - HEALTH CARE SERVICES For other than a physician, paragraph 2.a.(1)(d) of Section II - Who Is An Insured does not apply with respect to professional health care services provided in the course of employment by you. 7. PROPERTY DAMAGE - PATTERNS, MOLDS AND DIES Paragraphs (3) and (4) of Exclusion I. Damage to Property of SECTION I - EXCLUSIONS do not apply to patterns, molds or dies in the care, custody or control of the insured if the patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to PROPERTY DAMAGE - PATTERNS, MOLDS AND DIES and is included within the General Aggregate Limit as described in SECTION III - LIMITS OF INSURANCE. The insurance afforded by this provision 7. is excess over any valid and collectible property insurance (including any deductible) available to the insured, and the Other Insurance Condition Is changed accordingly. 8. BODILY INJURY Section V - Definitions, the definition of "bodily injury' is changed to read. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 9. EXPANDED PERSONAL AND ADVERTISING INJURY A, The following is added to Section V - Definitions, the definition of "personal and advertising injury': Attachment Code: D509349 Certificate ID: 13529467 (1) Not done Intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B, Exclusions of Section I - Coverage B - Personal and Advertising Injury Liability is amended to include the following: p. Discrimination Relating To Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. q. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. G. This provision 9, (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply to discrimination or humiliation committed in the states of New York or Ohio. Also, EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE does not apply to policies issued in the states of New York or Ohio. D. This provision 9. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply if Section I - Coverage B - Personal And Advertising Injury Liability Is excluded either by the provisions of the Coverage Part or by endorsement. 10. MEDICAL PAYMENTS A, Paragraph 7. Medical Expense Limit, of Section III - Limits of Insurance is deleted and replaced by the following: 7. Subject to 5. above (the Each Oocurrence Limit), the Medical Expense Limit is the most we will pay under Section - I - Coverage C a,by Page 4 of 6 Gee •��. for all medical expenses because of "bodily injury" (3) Property loaned to you; sustained by any one person. The Medical Expense Limit is the greater of: (4) Personal property in the care, custody or control of the insured; (1) $15,000; or (5) That particular part of real property on which you or (2) The amount shown in the Declarations for Medical any contractors or subcontractors working directly or Expense Limit. indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or B, This provision 10. (Medical Payments) does not apply if Section I - Coverage C Medical Payments is excluded (6) That particular part of any property that must be either by the provisions of the Coverage Part or by restored, repaired or replaced because "your work" was endorsement. incorrectly performed on it. C. Paragraph 1.a.(3)(2) of Section I - Coverage C - Medical Payments, is replaced by the following: The expenses are incurred and reported to us within three years of the date of the accident; and 11. SUPPLEMENTARY PAYMENTS A. Under Section I - Supplementary Payments - Coverages A and B, Paragraph 1.b., the limit of $250 shown for the cost of bail bonds is replaced by $2,500 B. In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1,000. 12. PROPERTY DAMAGE - ELEVATORS With respect to Exclusions of Section I - Coverage A, paragraphs (3), (4) and (6) of Exclusion j. and Exclusion k. do not apply to the use of elevators. The insurance afforded by this provision 12. is excess over any valid and collectible property Insurance (including any deductible) available to the insured, and the Other Insurance Condition is changed accordingly. 13. LEGAL LIABILITY - DAMAGE TO PREMISES A. Under Section I - Coverage A - Bodily Injury and Property Damage 2. Exclusions, Exclusion j. is replaced by the following. "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; Attachment Code: D509349 Certificate ID: 13529467 Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems) to premises including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance, Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement, Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- completed operations hazard." B. Under Section I - Coverage A - Bodily Injury and Property Damage the last paragraph of 2. Exclusions is deleted and replaced by the following. Exclusions c, through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. C. Paragraph 6. Damage To Premises Rented To You Limit of Section III - Limits Of Insurance is replaced by the following: e0ec\ r 6. Subject to 5. above, the Damage To Premises Rented To You Limit Is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems, while rented to you or temporarily occupied by you with the permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown In the Declarations. D. Paragraph 4.b.(1)(b) of Section IV - Commercial General Liability Conditions is deleted and replaced by the following: (b) That Is property insurance for premises rented to you or temporarily occupied by you with the permission of the owner; or E. This provision 13. (LEGAL LIABILITY - DAMAGE TO PREMISES) does not apply If Damage To Premises Rented To You Liability under Section I - Coverage A is excluded either by the provisions of the Coverage Part or by endorsement 14. NON -OWNED WATERCRAFT Under Section I - Coverage A - Bodily Injury and Property Damage, Exclusion 2.g., subparagraph (2) is deleted and replaced by the following. (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge. 15. NON -OWNED AIRCRAFT Exclusion 2.g. of Section I - Coverage A - Bodily Injury and Property Damage, does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. It is rented with a trained, paid crew; and 3. It does not transport persons or cargo for a charge. Attachment Code: D509349 Certificate ]1 1.3529,167 Page 5 of 6 16. BROAD KNOWLEDGE OF OCCURRENCE You must give us or our authorized representative notice of an "occurrence," offense, claim, or "suit' only when the "occurrence," offense, claim or "suit' is known to! (1) You, If you are an Individual; (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or (4) A manager, If you are a limited liability company. 17. NOTICE OF OCCURRENCE The following is added to paragraph 2. of Section IV - Commercial General Liability Conditions - Duties in The Event of Occurrence, Offense Claim or Suit: Your rights under this Coverage Part will not be prejudiced if you fall to give us notice of an "occurrence," offense, claim or "suit' and that failure Is solely due to your reasonable belief that the "bodily Injury" or "property, damage' is not covered under this Coverage Part. However, you shall give written notice of this "occurrence," offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence," offense claim or "suit." 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Based on our reliance on your representations as to existing hazards, If unintentionally you should fail to disclose all such hazards at the Inception date of your policy, we will not deny coverage under this Coverage Part because of such failure, 19, EXPECTED OR INTENDED INJURY Exclusion a. of Section I - Coverage A - Bodily Injury and Property Damage Liability is replaced by the following: a. "Bodily injury" or "property damage' expected or Intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage' resulting from the use of reasonable force to protect persons or property. 20. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage provided under this endorsement without an additional premium charge, your policy will automatically provide the additional coverages as of the date the revision is effective in your state. GUu �w Page 6 of 6 Ac"Rb' CERTIFICATE OF LIABILITY INSURANCE �...r " 6/1/2017 DATE IMMIDDIYYYY) 6/1/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE, HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poI''ieies may require an endorsement. A statement on this certificate sloes not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Insurance Brokers, LLC CONTACT NAME: arC, Na, Ext : FAX No ): E -MAIL ADDRESS: CA License #OF15767 Two Embarcadero Center, Suite 1700 San Francisco CA 94111 INSURER(SI AFFORDING COVERAGE NAI (415) 568-4000 INSURER A : Valle Forge e Insurance Company 2050'6 6/112010 /+ INSURED ACTIVE. Network, LLC 1397685 717 North Harwood St., Suite 2500_ Dallas TX 75201 INSURER B : The Continental Insurance Company 35289 INSURER C ; CLAIMS -MADE I lh l OCCUR I X I if1 ri,Err,'D INSURER E DAMAGE 7O RENTED PREMISES Ea occurrence 1 .444.. INSURER F: MED EXP Any person 15,000 COVERAGES 1084882 CERTIFICATE NUMBER: 13529467 REVISION NUMBER: XXXXXXX. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR'.. LTR TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POLICY EFF MM DD YYY POLICY EXF' MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y N 6016940273 6/112010 6/1/2017 EACH OCCURRENCE 1,000,000 CLAIMS -MADE I lh l OCCUR I X I DAMAGE 7O RENTED PREMISES Ea occurrence 1 .444.. MED EXP Any person 15,000 - nst @..jatior l..,iab. .X Included PERSONAL & ADV INJURY $ 1,000,000 GENT AGGREGATE UMIT APPLIES PER GENERAL AGGREGAIE.... $ 2,.400,004 }�. POLICY❑ JET 7 L(7C PRODUCTS - COMP /CPAGO $ 2,400 „444 $ OTHER 'ALITOd3�'REtIM3P S t 2016 6(112017 COMBINED SINGLE Li MIT a accident $ 1.000 000 FODILY INJURY (Per person) $ XXXXXXX '.... X ANY AUTO ALL OWNED SCHEDULED, AUTOS AUTOS PODII.Y INJURY {Peraccident $ XXXXXXX PPerr acidentOAh1AGE $ XXXXXXX . . -- HIRED AUTOS AUT©SWNED X Comp S500 X Coll S500 $ XXXXXXX UMBRELLA. LIiA6 OCCUR EACH OCCURRENCE $ XXXXXXX EXCESS LIAR CLAIMS -MADE NOT APPLICABLE AGGREGATE $ XXXXXXX DED I I RETENTION $ $ 1 1 i B WORKERS COMPENSATION AND EMP LOYERS "LIABILITY YIN ANY, PR OPRI F Cr Rry io NN) EXCLUDED? EC'UTIW.. ON (M atoryVin NH) F NIA 61116'940256 6/1/2016 - 6/1/24)17 PER 'PR X. SfiATUTE - _ EL 2 EACH AGKIIDEN'6' .$ ...... 1,000,000 E.V., bISEA9F - FA EIMPLO'MEE 1,000,000 yy s DESCRIPTION OF OPERATIONS LO.. 1.1-DIS ASL- 1'al.ICVI.-11 .� 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 1..01„ Additional Remarks Schedule, may be attached if more space is required) RE,, City of Santa, Ana, its officers„ agents anti eniplo c es are Additional Insured to the extent provided by the policy language or endorsement issued or appro'Wed by the insurance carrier. Insurance prorride to Additional Insured(s) is primary and non - contributory as per the attached cmdorseinents or. policy language. 1)11111 RitI IaL9 -1iN 7::c0J MIDI �:. rfii"�It&IG�,y ": ill�.�l cel'1�1 7s>:711w - 13529467 City of Santa Ana Attn: PRCSA 20 Civic Center Plaza, M -23 Santa Ana CA 92701 ACORI7 25 f2014/01) ate; °'p��5p 'VNyy� rX .SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE 'DELIVERED IN ACC'ORDANCE.. WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @1988-2014 ACORD CORPORA N. All rights reserved The ACORD name and logo are registered marks of ACORD c:NA74872X X it -15y C A Technology General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends arty provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply, TABLE OF CONTENTS 1, Additional Insureds 2. Additional Insured - Primary And Non - Contributory To Additional Insured °s Insurance 3. Bodily Injury - Expanded. Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Estates, Legal Representatives and Spouses 7. Expected Or Intended Injury - Exception for Reasonable Force S. In Rein Actions 9. Incidental Health Care Malpractice Coverage 10. Joint Venture s /Partlxership /Limited. Liability Companies 11. Legal Liability -- Damage To Premises 12. Medical Payments 13. Non -owned Aircraft Coverage 14. Nan -owned Watercraft 15. Personal. And Advertising Injury - Discrimination or Humiliation 16. Personal And Advertising Injury - Limited Contractual Liability 17. Property Damage - Elevators 18. Supplementary Payments 19. Property Damage - Pattm. s, Molds and Dies 20. Unintentional Failure To Disclose Hazards 21. Waiver of Subrogation - Blanket 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any persona or organization described in paragraphs A. through K. below whore a Named Insured is required to add as an additional insured on this Coverage Part under a'Written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the terra of this Coverage Part„ and (2) -,vas executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. however-, subject athvrays to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide stitch additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreernent, and in no event broader than that described by the applicable paragraph A through K below. eq4e6 , �,,- Any coverage, granted by this endorsernent shall apply- only to the extent permissible by law. Attachment. Code : D509349 Certificate ID : 13529467 �� b. I lowever, subject always to the terms and conditions of this policy, including the limits of insurance, the I usurer will not provide s Lich additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the 3pphc2ble paragraph A. through K. Wow. Any coverage granted by this endorsement shall apply only to the extent permissible by law. B. Co-owner of Insured Premises .A co-owner of a premises co-owned by Named Insured and covered under this insurance but only with respect to such co-o-,vnees liability for bodily injury, prop" damage or personal and advertising injury as co- owner of such premises. C. Grantor of Franchise Any person or Organization that has granted a franchise to a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole of in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense ;giving rise to such personal and advertising injury takes place prior to the tern-unation of such lease. E. Lessor of Land Any person or organization froth whom Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance Of Use Of Such land, provided that the occurrence giving rise to such bodily injury, property damage of the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction of demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but OnIN with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, rakes place prior to the tern-Lination of such lease. The coverage ;granted 1)), this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, of for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liabilit�y for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's o6v"Ilip, maintenance, or use of a premises by a Named Insured. e The coverage by this paragraph does not apply to strLict.Lir,.tl,.tltei�,.itiotis, ne-w construction or emoliti ge I operations performed by, On behalf of, of for such additional insured. 10, ela. S Attachment Code : D509349 15\ S W;� Certificate ID : 13529467 H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political Subdivision that has issued a permit or authorization but only with respect to such state or governmental agency of subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies; a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, side-,valk vaults, street banners, or decoration,,, and similar exposures; or b. the construction, erection, of removal of elevators; or c. the ownership, maintenance of use of any elevators covered by this insurance; or 2. the permitted otauthorized operations performed by a Named Insured or on a Narned Insured's behalf. The coverage granted by this paragraph does root apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governrnental agency or subdivision or political subdivision; or b. Bodily injury or property damage inclocied within the products-completed operations hazard. With respect to this provision's rcquirenictit that additional insured status inust be requested under a written contract or agreement, the Insurer will treat as a « "ritten contract anv governmental permit that requires the Named Insured to add the governmental entity as an additional insured. 1. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as in exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, prop" damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operation,, at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. J. Vendor Any person or organization but only with respect to such person or organization's liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that: 1. The coverage granted by this paragraph does not apply to: a. bodily injury or property damage for which such person or organization is obligated to r4iAges by 1, reason of the assumption of liability in contract or agreement unless such liabiliry exISOA absence contract or agreenlent; Attachment Code : D509349 Certificate ID : 13529467 b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product: arcade intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e, any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes, to make in the usual course of business, in connection with the distribution or sale of the products; f. demonstration„ installation, servicing or repair operations, except such opearatioras performed at such person or orgy iz- ation's premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container„ part or ingredient of any other thing- or substance: by or for such person or organization; or It. bodily injury or property damage arising out of the sole negligence of such person or organization for its oven acts or omissions or those of its employees or anyone else acting on its behalf. l lowev =er, this exclusion does not apply to: (1) the exceptions contained in :subparagraphs d. or f. above; or (2) such inspections, adlustnients, tests or servicing as such person or organization has agreed with the Named Insured to snake or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This paragraph J. does not ;apply to tiny insured person or organization, from whom the Named Insured has acquired, such products, nor' to any ingredient, part or container, entering into, accompanying or containing such products. 3. This Paragraph J. also does not apply; a, to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to anyr of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily= injury= or property damage included within the products - completed operations hazard is excluded by endorsement to this Coverage Part. K. Other Person Or Organization / Your Work Any person or organization who is not an additional insured 'under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured's acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1. who is specific:aliy scheduled as an additional insured can another endorsement to this Coverage Part; nor 2. for bodily injury or property damage included within the products - completed operations hazard except to the extent all of the following apply: a. this Coverage Part provides such coverage; Attachment Code : D509349 Cetlificate IO : 13529467 b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS Provision requires the Named Insured to provide the additional insured such coverage„ and c, the bodily injury or property, damage results froth your world drat is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part. 2. ADDITIONAL INSURER - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following; paragraph: If the Named Insured has agreed in writing in au contract or agreement drat this insurance is priman, acrd non - contributor-, relative to an additional insured's own insurance, then this insurance is primary, and the Insurer Nvill not seek contrilnition from that other insurance. For the purpose of this Provision 2., the additional insured's oven insurance means insurance on which the additional insured is as nar ned insured. B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1,K, of this endorsement, the following sentence is added to the Paragraph above: Otherwise, and notwithstanding anything to the contraccy elsewhere in this Condition, the insurance provided to such person or organization is excess of any other to such person or organization. 3, BODILY INJURY 4 EXPANDED DEFINI'T'ION t.ynder DEFINI"T"IONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained 1)), a person, including death, humiliation, shock, n-en 'al anguish or mental injury sustained by that person at any time which results as a consequence of the phhsical injury, sicknessor disease. 4, BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE (Ender CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claire or Suit Condition is ar nended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to as partner„ execrative officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Fart trill not be prejudiced if the Named Insured Fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property= damage is not covered under this Coverage fart. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurcr ats soon as the Named Insured is aware that this insurance may apply- to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3 Attachment Code: D509349 Certificate ID : 13529467 in its entiretyl and replace it with the f 3r ' like, P V s 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has managenent control: a. on the effective date of this Coverage Fart, or b. by reason of a Named Insured creating or acquiring the organization during the policy* period, qualities as a Named Insured, provided that there is no other similar liability insurance, whether priiiisry, contributory, excess, contingent or othenvise, wvliich provides coverage to such organization, or which wvould have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision dues not apply= to: (a) any partnership or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. 1 or tile purpose of this provision, and of this endorsem-aent's. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of majority of the Board of Directors of a corporation, or the members of the management board of a, limited habilvy Company; or B. having the right, pursuant to a written trust agreement, to protect,, control the use of, encumber or transfer or sell property held by a trust.. 4. \Vitla respect to organizations which c,a:ralify as Named Insureds by virtue of Paragraph 3. alcove, this insurance does not apply= to: a. bodily injury= or property damage that first occurred prior t:o the date of management control, or that first occurs after management: control ceases; nor" b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named, Insureds ww-hen trading under their own navies or under such other trading names or doing, - business. -as names (db a) as any Named Insuredshould choose to employ. 6. ESTATES, LEGAL REPRESENTA'T'IVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured tinder this policy, provided, howew,er, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 7. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled. Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the foil w r g:. This insurance does not apply to: W Attachment Code: D509349 Certificate ID : 13529467 �� �\ Expected or Intended Injury Bodily injury* or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8, IN REM ACTIONS A quasi in ?cyar action against ariy vessel owned or operated by or for the Named. Insured, or chartered by or for the Named Insured, will he treated in the same manner as though the action were hiperrmam against the Named Insured. 9. INCIDENTAL HEALTH CARE MALPRACTICE OVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A -- Bodily Injury= And Property Damage Liability, the Insuring Agreement is amended to replace paragraphs Lb.(I) and I.b.(2) with the following: b. This insurance. applies to bodily injury provided that the professional health care scivices are incidental to the Named Insured's primary business purpose, and only if: (1) such 'bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the tirne of the first act, error, or onission that is part of the occurrence; and B. Under COVERAGES, Coverage A _ Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following w the Employ =ers Liability exclusion: This exclusion applies only if the bodily injury - rising from a health care incident is covered by other liability insurance available to the Insured (or %vliich would have been available but for exhaustion of its hrYY.ats). ii. delete the exclusion entitled Contractual Liability and replace it with the follovrnng: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. acid the following additional exclusions. This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or Ilarassrnetat, that includes but shall not be limited to claims based on an individual's race, creed, color, age, gender, national origin„ religion, disability„ marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare /Medicaid Fraud Attachment Code : D509349 Certificate ID : 13529467 any actual or alleged violation of law'kvith respect to j\1edicare, Medicaid, Tticare or any similar federal, state or local governmental Program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of. a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care ser vices or the related furnishing of food, beverages, medical supplies of apphances, by the following providers in their capacity is such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse Practitioner; d. Emergency medical technician; C. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with hurnan clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. ill acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event,a&iCe or clecision,,vill be considered to constitute single occurrence; iii. amend the definition of Insured to: a. add the following: Attachment Code : D509349 Certificate ID : 13529467 - the Named Insured's employees are Insureds with respect to: (1) bodily injury to co- employee while in the course of the co-employce's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business-, and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury -irises out of a health care incident. • the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury too co-volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(I) of WHO IS AN INSURED. c, add the following: Insured does not include any physician while action* in his or her capacity as such. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the follc),�ving; Other Insurance b, Excess Insurance (I) To the extent this insurance applies, it is excess over arty other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 10, JOINT VENTURES / PARTNERSHIP ✓ LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to: • the conduct of an), current or post partnership or joint venture that is not shown as Named Insured in the Declarations; nor • the conduct of a current or past bruited liability company in which a Named Insured's interest does/did not rise to the level of management control; except that if the Named Insured was a joint venturer, partner, or mernber of suclia Iii-nited liability company, and such joint venture, partnership or limited liability company terminated prior to or during the policy period, then such Named Insured is in Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and th, pnal and advertising injury arising our of such offense, first occurred after such termination date; 06"' ,j\e � Olt< Attachmeut Code : D509349 Certificate ID : 13529467 �4` b. the bodily injury or property damage first occurred after such termination elate; and c. there is no other valid and collectible: insurance purchased specifically to insure the partnership, point venture or limited liability= company. 11. LEGAL LIABILITY — DAMAGE TO PREMISES A. Linder COVERAGES, Coverage A — Bodily Injury and Property Damage Liability„ the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply t:o property damage (other than damage by fire) to prey rises rented to the Named Insured or temporarily occupied by the Named. Insured Nvith the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. .->M separate ht-nit of insurance applies to Damage "To Premises Rented To You as described in LIMITS OF INSURANCE. B. under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and reprice it with the following: Exclusions c, through n. do not apply to damage by fire to prearitses while rented to a Named Insured or temporarily occupied by a. Named, Insured with permission of the owner, nor to damage to the contents of prelnises . rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section. C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damagc To Premises Rented To You Limit is the most the Insurer will pay- under COVERAGE A for damages because of property damage try: a, any one premises while rented to a Named Insured or temporarily occupied by a Named. Insured with the permission of the owner; and b. contents of such premises if the pre,rnises is rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Pren -iises lZented To You Limit is $500,000. unless a different Damage to Premises Rented to You Linsit is shown in the Declarations. D. The Other Insurance Condition is amended to delete Paragraph la.(1)(a)(i ), and replace it with the following: (ii) That is property insurance for pretrr ses rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner,; or for personal property of others in the Named Insured's care, custody or control; E. This Provision 11, does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part. 12. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replacco' 4, the follotiving: �kellI i Attachnienl Code D509349 Certificate ID ; 13529467 \� NJ �: ��' rro - 7. Subject to Paragraph 5. above (the I '.ach Occurrence Limit), the -Medical Expense Lin-iii is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) 515,000 unless a different amount is shown here: (a),( fi) )C o (2) the amount shown in the Declarations for 'Medical Expense l'inlit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments isamencled to replace Paragraph La.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three ),cars of the date of tile accident; and This Paragraph B. does not apply to medical expenses incurred in the state of lNlissouri, 13. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does shot apply to an aircraft not owned by any Named insured, provided that-: 1. the pilot in corm-nand holds a currently effective cerrificate issued 1)), the duty constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. (lie aircraft is rented with a trained, paid crew to the Named Insured; Kind 3. the aircraft is not being Used w carry persons or property for a charge. 14. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A ..- Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is arnerlded to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by achy Named Insured, provided the watercraft is:. (a) less than 75 feet long; and (b) not being Used to carry' PMOIAS or property for a charge. 15. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the fol1mving tort: - Discrimination or humiliation that results in injury to the feelings or reputation of natural person. B, Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1, delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it witv& following: This insurance does not apply to: Attaclirnent Code : D509349 X\Ax Certificate ID : 13529467 00 Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shalll not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or art the direction of-. (a) the Named Insured; or (b) any executive officer, director, stockho9der, partner, member or manager (if the Named Insured is a limited liability Company) of the Named Insured. 2. add the following exclusions: This insur2nce does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employn-icat or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. NotAvithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1. ADDITIONAL INSURED of this endorsement; or • attachment of an additional irnwrecl endorsement to this Coverage Part. 16. PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) that the Insured would hive in the absence of the contract or agreement; or (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely for the puipose . 11 liability assurned in an insured contract, reasonable attorney fees and necessary litigation expenses incurredjie �Wr a ell a d: parry other than an Insured are deenied to be damages because of personal and advertising inj3j Tic Attachment Code : D509349 Certificate 11) : 13529467 10 (a) liability to such party for, or for the Cost of, that partv's defense has also been assured in such insured contract; and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in u,vhich covered damages are alleged. B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, And replace it with the following: Insured contract means that part of a written contract or written agreement pertaining to the Named Insured's business under which the Named Insured ass Limes the tort liability of another party to pay for personal of advertising injury arising out of the offense of false arrest, detention or imprisonment. 'fort liability Means a liability that would, be imposed by law in the absence of any contract or agreement, C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2,d, is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interest,,,, of the indemnitee,- 2.Thc first unnumbered paragraph beneath paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary- litigation expenses incurred by the Insurer, and necessary litigation expenses incurred bN, the indernnitee at the Insurer's request will be paid as defense costs. Notwithstanding the provisions of paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to he damages for personal and advertising injury anti ,.will not reduce the lirnits of insurance. D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. 17. PROPERTY DAMAGE — ELEVATORS A. Under COVERAGES, Coverage A --- Bodily Injury and Property Darnage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Prop" Exclusion do not apply to property damage that results from the use of elevators. B, Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Otber Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on iny other basis that is Property insurance Covering property of others damaged from the use of elevators. 18. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is arriencleclas follows,: A. Paragraph 1,b. is amended to delete the J250 Emit shown for the cost of bail bonds and replace it with It $5,000. Emit; and Ok 0 Net " le 4� k B. Paragraph 1A, is amended to delete the limit of $250 shown for daily loss of earnings and rep • dt with a k Attachment Code : D509349 Certificate ID : 1,3529467 $+1,000. limit. 19. PROPERTY DAMAGE - PATTERNS MOLDS AND DIES Linder COVERAGES„ Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraphs (3) and (4) of the P.xclusion entitled Damage to Property, but only ti,vitb respect to patterns, molds or dies that are in the care, custody or control of the Insured, and only if such patterns, molds or dies are not being used to perform operations at the time of loss. A bruit of insurance of $25,000 per policy period applies to this PROPERTY DAMAGE - PATTERNS MOLDS AND DIES coverage, and this limit. A. is included ,within the General Aggregate Limit as described in LIMITS OF INSURANCE, and B. applies excess over any valid and collectible property insurance available to the Insured, including any deductible applicable to such insurance; the Other Insurance condition is changed accordingly. 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 21. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is arnended to add the folknving: `fhe Insurer wiives any right of recovery the Insurer tnay have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products- cormpleted operations hazard.. However, this ,waiver applies only when the Named. Insured has agreed in writing to waive such rights of recoveli, in a ~written contract or written agreernent, and only if such contract or agreetnent: 1. is in effect or becorn es effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for Attachment to the Policy' issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, awnless another effective date is shown below, and expires concurrently with said Policy. Attachment Code : D509349 Certificate ID: 13529467 ACC>R& CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDIYYYYI 9/1/2016 6/1/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE, OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE, HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Insurance Brokers, LLC CA License #CF15767 Two Pmbarcadero Center, Suite 1700 San Francisco CA 94111 CONTACT NAME: PH NE FAX AJC, No, Ext : AIC, No; E -MAI'L ADDRESS: INSURERS AFFORDING VERA E N IC tt (415) 56$ -4000 INSURER A : Valley Fare Insurance Comparly 20508 EACH OCCURRENCE INSURED Active (network, LLC 1394474 717 North Harwood St., Suite 2500 Dallas TX 75201 �-y /^� �.s C.% e, -`.... 0..,,9 "; M ll INSURER B:: National Fire Insurance Co of Hanford 20478 INSURER C; `The Continental Insurance Company 35289 INSURER D: I''llidtk011a.l L1n1p11 I"�lre Ills. Co Pitts. I'T:A ] 9445 INSURER E : Cpluail(Tla Casualty Corn]2any 131127 09 -1 ... C5 t INSURER F : X COVERAGES 1084882 CERTIFICATE NUMBER: 12901217 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN! ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '.INSR LTR TYPE OF INSURANCE ADDL INSD SuBR WVD I POLICY NUMBER POLICY EFF MM DD fYYYY POLICY EXP (MMIDDfYYYYI LIMITS A X COMMERCIAL GENERAL. LIABILITY Y N 001 6940273 6/1 /2016 6/1/2017 EACH OCCURRENCE S 1 000 ,000 CLAIMS -MADE � OCCUR PREMISES DAMAGE OEa Al." r nce 1,000,000 X MED EXP An one erson 1. ,5 000 . ' -lost. Liquor Llal] Included PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:, POLICY ❑ JE O E] LOG '.GENERAL AGGREGATE. $ 2,0001000.... ''..PRODUCTS � COMPIOP AGG $ 2,000,000 OTHER '',$ A AUTOMOBILE LIABILITY rj ''N 6046940239 Ci/1d2016 6J1 /2017 COME'iNED SINGLE V.CM.2I1" Ea accident 1 1,000,000 BODILYINJURY(Perrerson) $ XXXXXXX AUTOS NED AUTOSDULED IXANYAUTO BODILY INJURY IPer accident $ XXXXXXXNON -OWNED AUTOS AUTOS PROPERTY DAMAGE Per accident $ XXXXXXXHIRED $ XXXXXXX Comp $500 }, Coll $500 B X UMBRELLA LIAB }�' OCCUR N 1`,1 6016940287 6, /1' /2016 6/1/2017 EACH OCCURRENCE $ 25,000,000 AGGREGATE $ 25,000,000 EXCESS LI!AB CLAIMS -MADE OED RETENTION $ $ XX}y'Xxxx C WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN ANY GFFACERfME,NSEiER En( LU DEDEXLCa1TIVF 1 iMnndecory Jn NH) r yes, dl's -b —d! or DESCRIPTIDN Cr DPERATION!S Ge.vow NIA N 601.6940256 6/l /2016 6/1./2017 PER OTH- X I STATUTE ER .,.. E.L. EACH ACCIDENT ry.Fy,,..,r�.l, , ! 1. t /A('AyO I(J E.L. DISEASE . EA EMPLCIYFE E.L. DISEASE � POLICY LIMIT /t'Jy0 000 s 1,000,000 D F,, Cnnc Tech E&O/CyberLiability N N 01- 365 -12 -18 596571163 61112016 4/301 2015 911/2016 911/201.6 S 5,000,000 Limit 51.0,000,000Limit D Clauns Made 01- 261 -30 -88 413012015 91112016 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City or Santa Atha Parks, Recreation and Cpminunity Services Agency, Its officers, agents and employees are included as Additional Insured t eXieht� provided by the policy language or endorsement issued or approve(] by the insurance can,ier. Insurance provided to Additional lnsu'red(s� Is,,y�� and non- contributory as per the attached endorsements or policy language. 9 � •qyp 12901237 City of Santa .Ana Attu: Silvia Cuevas Parks, Recreation and Community Services Agency 26 Civic Center Plaza Santa Ana CA 92701 ACORD 25 (2014101) SHOULD ANY OF THE ABOVE /DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C� 1988.2014 ACORD CORPORATION. All ricthts The ACORD name and logo are registered /narks of ACORD ( "NA748'72XX (1 15) CNNA Technology General Liability Extension Endorsement It is understood and agreed that this endorseme:,nt amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. 1f any other endorsement attached to this policy amends any provision also amended by this endorsement, then that ether endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional. Insureds 2. Additional Insured _ Primary And Non - Contributory To Additional Insured's Insurance 3. Bodily Injury — Expanded Definition. 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured G. Estates, Legal Representatives and Spouses 7. Expected Or Intended Injury — Exception for Reasonable Force 8. In Rein Actions 9. Incidental Health Care Malpractice Coverage 10. Joint Ventures /Partnership /Limited Liability Companies 11. Legal Liability— Damage To Premises 12. Medical Payments 13. Non - owned Aircraft Coverage 14. Non- owned Watercraft 15. Personal And Advertising Injury — Discrimination or Humiliation 16. Personal And Advertising Injury - Limited Contractual Liability, 17. Property Damage - Elevators 18. Supplementary Payments 19. Property Damage — Patterns, Molds and hies 20. Unintentional Failure To Disclose Hazards 21. Waiver of Subrogation — Blanket 1, ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paraagraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeps coverage.. b. I -lowvever, subject a)ww�ays to the terms and conditions of this policy, including the limits ca£ insurance, the Insurer will not provide such additional insured with: (1) a higher- limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described ])),the applicable paragraph A, through K. below. Any coverage granted by this endorsement shsall ,apply only to the extent permissible by law. s r C Attachment Code: D509349 Certificate ID : 12901237 �� b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. B. Co -owner of Insured Premises A co -owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co- owner's liability for bodily injury, property damage or personal and advertising injury as co -owner of such premises. C. Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or orgatvzation's liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rice to such personal and advertising injury tapes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise Lo such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured, F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage of personal and advertising injury arising out of the ownership, maintenance or use of such pare of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage ranted b this paragraph does not apply to structural alterations new construction or demolition g Y pp Y �� operations performed by, on behalf of, or for such additional insured. y.Ne Attachment Code; D509349 Certificate ID : 12901.237 Vol H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subd'ivision's liability for bodily injury, property damage or personal and advertising injury arising out of; 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence., maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or e. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b, Bodily injury or property damage included within the products - completed operations hazard. With respect to this provision's rcgidrement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or ornissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the tirade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products - completed operations hazard. J. Vendor Any person or organization but only with respect to such person or organization's liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that: 7. The coverage granted by this paragraph does not apply to: e6 A` a. bodily injury or property damage for which such person or organization is obligated to pa 3 � s by [ ` reason of the assumption of liability in a contract or agreement unless such liability exists in the , ssence of e contract or agreement; Attachment Code : D509349 Certificate ID : 12901237 ��. b, any express warranty unauthorized lay the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions froril the manufacturer, and them repackaged in the original container; e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to r7 aka or cormally undertakes Co make in the usual course of business, in connection with tile distribution or sale of the products; demonstration, installation, servicing or repair operations, except such operations performed at such person or organization's premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or h, bodily* injury or property damage arising out of the sole negligence of such person or organization for its own acts or onussions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apple to: (1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with rite Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This Paragraph J. does not apply to any insured person or organization, from whore the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products. 3. This Paragraph J. also does not apply: a, to any vericlor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage fart; nor c. if bodily injury or property damage included within the products- completed operations hazard is excluded by endorsement to this Coverage fart. K. Other person Or Organization / Your Work .:any person or organization who is not an additional insured under Paragraphs A. through J. aboNre. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured's acts or onussions. The coverage granted by this paragraph does not apply to any person or organization: 1. who is specifically scheduled as an additional insured on another endorsement to this Coverage part; nor 2.. for bodily injury or property damage included within the products-completed operations hazard' except to the extent all of die following apply. a. this Coverage fart provides such coverage; Attachment Code: ➢ 509349 Cenificate ID : 12901237 b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS Provision requires the Named Insured to provide the additional insured such coverage; and c, the bodily injury or property damage results from your work that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS 4ecfion is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract of agreement that this insurance is primary and non-contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this provision 2., the additional insured's o\vn insurance means insurance on which the additional insured is a named insured. B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph I.K. of this endonernelir, the following sentence is added to the paragraph above: Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY — EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as consequence of the physical injury, sickness, or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit Condition isarnended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense of claim only when the occurrence, offense of claim is known to a natural person Named Insured, to a partner, executive officer, rnari2ger or rnember of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense of claim. 5. BROAD NAMED INSURED 6 xA WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the FoJJ , VS1 Attachment Code: D509349 Certificate ID : 12901237 00,\40 'Nc 3. Pursuant to the limitations described in Paragraph 4, below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or othet wise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, and of this endorsement's JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation, or the members of the management board of a limited liability company; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3, above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing - business -as names (dba) as any Named Insuredshould choose to employ. 6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or on­ ssions in the conduct of the Named Insured's business. 7. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A --- Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the followi This insurance does not apply to: VV Attachment Code: D509349 Certificate 1D : 12901237 d Expected or Intended Init-Y Bodily injury or property damage expected of intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting frorn the use of reasonable force to protect person,,; or property. 8. IN REM ACTIONS A quasi hi)rm action against any vcsscl owned of operated by or for the Named Insured, or chartered by or for the Named Insured, -will be treated in the sane manner as though the action were in persona against the Named Insured. 9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of -a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is -amended to replace Paragraphs Lb.(1)and l.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care seivices are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence,xill be deemed to have occurred at the time of the first act, error, or emission that is part of the occurrence; and B. Under COVERAGES, Coverage A— Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: i, add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available tcs the Insured (or which Would have been available but for exhaustion of its lill-lits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or -agreement, including but not hiriited to express warranties or guarantees. iii, add the following additional exclusions. This insurance does not apply to: Discrimination ,.my actual or alleged discrimination, humiliation of harassment, that includes but shall not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious .let, error of omission. Medicare /Medicaid Fraud Attachment Code : D509349 Ceftificate ID : 12901237 any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program, Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement, C, DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a, professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: Attachment Code : D509349 Cetlificate ID : 12901237 �e V j ��,e 0 0 L , the Narned Insured's employees are Insureds with respect to: (1) bodily injury to co-einployee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the Conduct of the Named Insured's business; and (2), bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of health care incident. * the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties, related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. c. add the following: Insured does not include any physician while acting in his or her capacity as such. D. The Other Insurance condition is amended to delete Paragraph b.(I) in its entirety and replace it with the following: Other Insurance It. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument,,,vhether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this Coverage. 10, JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person Of Ofgalli2atiCn is an Insured with respect to: * the conduct of any CUMI-It Of past partnership or joint -venture that is not shown as Named Insured in the Declarations,; nor * the conduct of a current or past lirnited liability company in which a Named Insured's interest does/did not rise to the level of management control; except that if the Named Insured vas a joint venturer, partner, or triernher of such a limited liability company, and such joint venture, partnership or limited liability company tern-)inated prior to or during the policy P eriod,thenstrich Named Insured is an Insured with respect to its interest in such joint venture, partnership or hnted liability company but only to the extent that: a. any offense giving rise to personal and advertising injury, occurred prior to such termination date, and the nwnal and advertising injury arising out of such offense, first occurred after such termination date; . \04141 Attachment Code : D509349 Certificate ID:: 12901237 5 OP, b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. 11. LEGAL LIABILITY — DAMAGE TO PREMISES A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured fora period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section. C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to: a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Pren -ises Rented To You Limit is $500,000. unless a different Damage to Premises Rented to You Limit is shown in the Declarations. D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii), and replace it with the following: (ii) That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part. 12. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Lumir�? 1pllace it it .s the following: A � Attaelnnent Code: D509349 Certificate ID : 12901237 7. 'tiubject to Paragraph 5. alcove (the Each Occurrence Limit), the IMedical Expense Lit-nit is the most tile Insurer will pay under Coverage C — Medical Payments for all tncdic,,d expenses because of bodily injury sustained by an), one person. The Medical Expense Lint is the greater of. (1) $1.5,000 unless a different amount is shown here: or (2) the amount shown in the Declarations for Medical Fxpense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace paragraph La.(3)(b) with the following: (b) The expenses ;are incurred and reported to the Insurer within three years of the date of the accident; and This Paragraph B. does riot apply to medical expenses incurred in the state of Missouri. 13. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1, the pilot in command holds currently effective certificate issued by the duly constit-utedauthoriry of the United States of Arnerica or Canada, designating that person as a commercial or airline transport pilot, 2. thcaircraft is rented with a trained, paid crew to the Named insured; and 1 the aircraft is not being used to carry persons or property for a charge. 14. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a - ,watercraft that is not owned hp any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property fora charge. 15, PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the foUmving: This insurance does not apply to: Attachment Code : D509349 Certificate ID : 12901237 Knowing Violation of Rights of Another Personal and advertising injury caused by orat the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentioriqliv by or at the direction of., (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the eiriployinent, prospective einploymerit, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub- lease, or prospective sale, rental, lease or sub -lease of any room, d-welling or pren­iises by or at the direction of away Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination, The coverage provided by this PERSONAL AND ADVERTISING INJURY — DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1. ADDITIONAL INSURED of this endorsernern; or • attachment of an additional insured endorsement to this Coverage Part. 16, PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability Personal and advertising injury fear which the Insured has assurncd liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) that the Insured would have in the absence of the contract or agreement; or (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely for the purpose o Liability assumed in in insured contract, reasonable qttornclr fees and necessary litigation expenses incurred I r a party other than an Insured ate deerned to be damages because of personal and advertising injurwiq` ed: Attachment Code : D509349 Certificate ID : 12901237 G6 (a) lability to such party for, or for the cost of,, that party's defense has also been assumed in Such insured contract and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged. B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following: Insured contract means that part of written contract of written agreement pertaining to the Named Insured's business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. liability means a liability that Would be imposed by law in the absence of any contract of agreement. C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B. 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit ;and the information the Insurer kno-%vs about the offense alleged in such suit are Such that 110 conflict appears to exist between the interests of the Insured and the interests of the indcrnivtcc,- 2. The first unnumbered paragraph beneath Paragraph 21.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys f - ces incurred 1)), the Insurer in the defense of that indemnitec, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the inclemnitee at the Insurer's request Will be paid as defense costs. Not-,vithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payrnerits will not be deemed, to be damages for personal and advertising injury and will not reduce the limits of insurance. D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. 17. PROPERTY DAMAGE — ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is -amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results, from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is property insurance covering property of others damaged from the use of elevators, 18. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. paragraph Lb. is amended to delete the 5250 limit shown for the cost of bail bonds and replace it with $5,000. lin-:tir;and B. Paragraph Ld. is amended to delete the limit of $250 shown for daily loss of earnings and replace it %k a Attachment Code : D509349 Certificate ID : 12901237 G\P 1,000. limit. 19. PROPERTY DAMAGE - PATTERNS MOLDS AND DIES Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraphs (3) and (4) of the Exclusion entitled Damage to Property, out only with respect to patterns, molds or dies that are in the care, custody or control of the Insured, and only if such patterns, molds or dies Are not being used to perform operations at the time of loss. A fit-nit of insurance of $25,000 per policy Period applies to this PROPERTY DAMAGE - PA'T'TERNS MOLDS AND DIES coverage, and this .l.irnk A. is included within the General Aggregate: Limit as described in LIMITS OF INSURANCE; and B. applies excess over any valid and collectible property insurance available to the Insured, including any deductible applicable to such insurance; the Other I'nsur'ance condition is changed accordingly. 20. UNIN'T'ENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 21. WAIVER OF SUBROGATION - BLANKET Lander CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives arty right of recovety the Insurer may have against any person or organization hecause of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products- completed operations hazard. However, this wvsaivcr applies only wvhen the Named Insured has agreed in writing tc waive such rights of recovery in a written contract 017 Written agreement, and only if such contract or agreement; 1. is in effect or becomes effective during the term of this Coverage Part; and 2. ,vas executed prior to the bodily injury, property damage or Personal and advertising injury giving rise to the claim. ,ill other teznxs and conditions of the Policy rernain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers„ takes effect on the effective date of said Policy at the hour stated in said policy, unless another effective date is shown laelov,=, and expires concurrently with said Policy. Attachment Code : D509349 Certificate ID : 12'9411237