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PROFESSIONAL SPORTS FIELD MAINTENANCE, INC. -2016
City of Santa Ai COTC Office Use Only � Clerk of the Council �--------- r AGREEMENT TERMINATION FORM 2020 APR 24 PM Please complete this form when the attached agreement and all 8 amendments (if any) are no longer in effect. { Note: If your agreement is grant related, please ensure that all grant retention requirements CITY OF `' T��' 1'i(� have been satisfied prior to signing the termination form. CLtt�{ F OUNCiL Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with 3 l '1� �� �� '?r "� J1( VActan*naF\ ► t "10_, No. ► - -acirLc—(---)Dti was completed on NI i `c7-C�� and final payment has been made. (List all amendments. Use space below if needed.) ,��+ a, �, j per? Department: .1) J'-5 - _ Phone/Ext.: ` - ' Signature: )CL,Q.A/C&.) Date: Revised:01-07-16 INSU'i'*;E ON FILE_ WORK MAY KAOCEED A-2016-004 UNI IL INSURANCE FWRF'S CLLF1Kf??�(r;('�t'��-t UNCII,. AGREEMENT FOR HALL DIAMOND MAINTENANCE SERVICES D (E "L r5C11& CITY OF SANTA ANA (DISTRICT 4) THIS AGREEMENT is made and, entered into this 19th day of January, 2016 by and between Professional Sports Field Maintenance, Inc. ('Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the, State of California ("City"), RECITALS A, On November 5, 2015, the City issued Request for Proposal No, 15.113, by which it sought proposals from qualified firms fox in -field ball diamond maintenance services at City parks in Districts I and 4. a B, Contractor submitted a responsive proposal that was selected by the City for District 4, Contractor represents that it is able and willing to provide the services described in the scope of work for District 4 that was included in RFP No. 15.113 as Attachment 1 and that is attached to this Agreement as Exhibit A, C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field, NOW THERE I+ORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows; 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibit A to this Agreement as they pertain to District 4. Contractor's proposal is incorporated herein by reference. 1 COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services the rates and charges identified in Exhibit H as they pertain to District 4. Th,e total annual sum to be expanded wader this Agreement shall not exceed $114,604 during the term of this Agreement, This annual amount is comprised of (1) the sum of $104,185 and (2) a 10% contingency of up to $10,419 for services as may be performed by Contractor at the sole discretion of City. b, Payment by City shall be made within forty-five of days (45) days following receipt of proper invoice evidencing work perfonned, subject to City accounting procedures. Payment need not be made for wort, that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on February 1, 2016 and terminate on January 31, 2018, unless terminated earlier in accordance with Section 15, below. The tenn of this Agreement may be extended for two (2) ons -year periods upon a writing executed by the City Manager and the City Attorney, 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws, Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and hamlless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be constzued to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MfATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data."). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk, 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, butnot be limited, to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single 2 limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned,, hired and non -owned automobiles, C. Worker's Compensation Insurance, In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertalce self-insurance, Prior to commencing the perfonnance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. a. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in fall force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (3 0) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. £ If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) fi•om any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects arising from this Agreement. This indemnity mid hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement, The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terns of, or effects arising from this Agreement, City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782,8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement, Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own infornation of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a. publicly available source; (c) is in rightful possession of the Contractor an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreanent shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided, in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714-647-6956 With courtesy copies to: To Contractor: Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza M-23 P.O. Box 1988 Santa Ana, California 92702 Fax 714-571-4211 Professional Sports Field Maintenance, Inc. 23 Emerald Glen Laguna Niguel, CA 92677 Attn: Don Bordelon, President City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, conanunication shall be effective or deemed to have been given twenty-four (24•) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreemcnt, represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between th,e parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail This Agreement may not be modified except by written instrameat signed by the City and by an authorized representative of Contractor, The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns slid conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void, Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City, 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subj cot to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of perfornance specified in the Recitals of this Agreement. 16. NONDISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, tennination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an. equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17, JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreernent shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the, venue for any action or proceeding that maybe brought or arise out of, in connection with or by reason of this Agreement, 18. PROI+ESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, tie City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing ofits inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the ter7ms of this Agreement, and shall indemnify City tailly, including reasonable costs and attorney's fees, for army injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first: above written. ATTEST: Maeda D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: John, Funk Assistant City Attorney RECOMMENDED FOR APPROVAL.: Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency CITY OF SANTA ANA f David Cavazos City Manager° CONTRACTOR: /z—, Don Bordelon Professional Sports Field Maintenance, Inc. Tax TD#_ i t - 15�_ r i Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR IN -FIELD BALL DIAMOND MAINTENANCE RFP NO.: 15-113 Introduction and Background The City of Santa Ana Park Services elects to enter into agreement with a landscape contractor whose specialty is maintaining baseball/softball infields and warning tracks, State of California Licensed C-27 Contractor specializing in Ball Diamond In -Field Maintenance shall provide in -field and warning track brickdust maintenance for Baseball/Softball Diamonds per the specifications and conditions listed below. Description of Work 1.0 Ball Diamond Locations and Quantities/Types of Diamonds at Each. Site 1.1 Adams Park -District 4 1.1.1 One (1) 60' base path Little League diamond with skinned brickdust infield. 1.2 Centennial Park -District 4 1.2.1 Two (2) 60' base path Girls Softbalt/Major Little League diamond with skinned brickdust infields. 1.3 El Salvador Paik-District 1 13.1 Two (2) 60' base path Little League diamond with skinned brickdust infields. 1.3.2 Three (3) base path T -Ball diamonds with skinned brickdust infields, 1.4 Heritage Park -District 1 1,4.1 One (1) 60' base path Girls Softball/Major Little League diamond with skinned. brickdust infield. 1.5 Jerome Park -District 4 1.5.1 One (1) 80'/90' base path Little League Junior/Senior diamond with skinned brickdust infield. 1.5.2 Two (2) 60' base path Little League diamond with skinned brickdust infields. 1.6 Riverview Park -District 1 1.6,1 One (1) 60' base ,path Major Little League diamond with skinned brickdust infield. 1,62 One (1) 60' base path Major Little League diamond with spoil turf and brickdust infield. City of Santa Ana RFP 16-113 Page 10 1.6.3 One (1) Minor Little League diamond with sport turf and brickdust infield. 1.6,4 One (1) T -Ball Little League diamond with sport turf and brickdust infield, 1.7 Rosita Park -District 1 1.7.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 1.8 Thornton Park -District 4 1.8.1 Three (3) 60' base path Girls Softball diamond with skinned brickdust infield. 1.9 Windsor Park -District 4 1.9.1 One (1) 60' base path Girls Softball diamond with skinned brickdust infield, 2.0 Schedule of Work to be Completed 2.1 Adams Park: 5 Days per wk, Feb Ist to July 15th 3 Day per wk, July 16th to Jan 31st 12 Centennial Park: 2.3 El Salvador Park: 2.4 Heritage Park: 5 Days per wk Feb 1st to April 31 3 Day per wk May 1 st to Jan 31" 5 Days per wk, Feb 1st to July 15a' 3 Day per wk, July 16th to .Tan 31 st 1 Day per wk Year round 2.5 Jerome Park: Field 41 5 Days per wk, Feb 1st to Aug 31st 3 Day per wk, Sept 1st to Jan 31s` Field #2 & #3 5 Days per wk, Feb 1st to July 15th 3 day per wk July 16th to Jan 31 st 2.6 Riverview Park: 5 Days per wk, Feb 1 st to July 151" 3 Day per wk, July 16th to Jan 31st 2.7 Rosita Park: 5 Days per wk, March 1st to July 31�i 3 Day per wk, July 30th to Feb 28th 2.8 Thornton Park: 5 Days per wk Year round 2.9 Windsor Park: 3 Days per wk Feb 1 st to July 151x` 1 Day per wk July 16th to January 31 st 3.0 Field Composition Mix (Brickdust) To Be Used When Maintaining In -fields, 3.1 Field In General 3.1.1 When adding field composition mix (brickdust) to any City of Santa Ana infield, the specific type of material to be used is: ores +se.er.� Clty of Santa Ana RFP 15-113 Page 11 Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer). 3.2 Pitcher's Mound/Home Plate/Basepath Areas 3.2.1 When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base-path area, the specific type of material to be used is: Hill Topper Horne Plate and Mound Mix. 33 Warning Track 3.3.1 When adding field composition mix to ball diamond warning tracks the specified type of material to be used is: Stabilizer Solutions Stabilizer Warning Track Mix. 4.0 Equipment The contractor shall provide and have "on hand" at all times during the brickdust maintenance operation the following equipment. 4.1 Utility Vehicle Small tight turn radios (13') vehicle designed especially for this type of work. This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned brickdust infield area and .not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. 4.2 Drags 4.2.1 Scarifying Drag: Used to scratch up or loosen up the skinned area. The drag shall be made of heavy-duty steel capable of carrying additional weight (`s). Digging teeth shall be hardened and pointed and be %z" in diameter. Pull chain shall be included. 4.2,2 Cutting and Leveling Drag: Used to level and backfill low spots in the skinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall feature cutting blades that are adjustable and capable of cutting down dirt build-up (high spots) and depositing dirt into holes (low spots) creating a smooth and level playing surface. Pull chain shall be included. 4,2.3 Grooming or Finish Drag: Used to complete dragging procedure on a daily basis and lighter/gentle movement of brickdust. This drag shall be galvanized metal "door -mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. Nail Drag: Used to lightly roughen infield surface. Use True Pitch Mound Nail Drag or approved equal 4.3 Other Equipment 4.3.1 Hand Tamp: 20 lb, variety with 48" min. handle, Used to compact worn areas around bases, home plate and pitching moumd.. 4.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 4.3.3 Grade or Grooming Rake: Used torake and fine level areas. Shall be made of aluminum, 36" wide and a 6' handle. 4.3.4 Heavy Duty Shovels: Used to move material. Round/Square Point and Scoop shovels. City of Santa Ana RFP 15-113 Pape 12 4.3,5 Heavy Duty Hose: Used to water down skinned area. Shall be 3/4" to 1" top quality construction with 225 -psi working pressure, Leaks of any kind are not permitted. Contractor shall have a minimum of 175' of hose on hand at all times. 43,6 High Pressure Nozzle: Attached to hose. Use to spray down briekdust and push excess brickdust off turf edges. 43.7 industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24" min. wide with heavy-duty dual weight bristles. 4.4 Wet Conditions Equipment" (Add to equipment above) 4.4,1 During periods of inclement weather or when the areas are wet the contractor shall have "on -hand" during all brickdust maintenance operations the following Stems: 4.4.2 Squeegee: Used to push/squeeze water off wet areas or into day areas or drains. Shall be 24" to 36" wide with neoprene blade and magnesium/alutninum head. 4.4.3 "Super Sopper": Used to collect standing water in brickdust areas. Shalt be drum type with exterior sponge and arm holding drum. 4.4.4 Diamond or Beckson Pump: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 4.4.5 Infield Sopper with Wringer and Bucket: Used to collect standing water in brickdust areas. Sopper shall be geotextile-covered sponge typical for absorbing chemical spills. 5.0 Meetings 5.1 Contractor shall provide City of Santa Ana staff with a contact person and a phone number to reach the contact person from the hours of 6:30am — 5:00pm, Monday — Saturday. 5.2 Contractor shall appoint and, identify to City of Santa Ana staff a "site supervisor". This site supervisor shall meet with staff as requested at time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns that may arise and any goals for the week. 5.3 In November of each year for as long as the contract is in effect, Contractor shall personally meet with staff, along with the designated site supervisor, to discuss and outline schedules for "Annual Renovations" (listed in Section 10,0). 6.0 Daily Infield & Warning Track Maintenance 6.1 General 6.1.1 Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. 6.1.2 Contractor shall keep brickdust and dugout areas in a clean and weed free condition. Dugouts shall be cleaned daily and be free of brickdust, stains, weeds and other debris. Dugouts shall be hosed down weekly so they are completely free of any brickdust or other stains/gum, sunflower seeds, etc. 6.1.3 Contractor shall hose and/or sweep and hose out all dugouts so they are I 00% free of brickdust, brickdust stains or any other debris. City of Santa Ana RFP 15-113 Page 13 6.2 Maintenance Procedure 6.2.1 Retain smooth and level playing surface, using the following daily procedure. The contractor shall remove all bases before beginning any work on in -field and re -install after all work on in -field is completed. 6.2.2 After removing all bases, the contractor shall scrape/wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation, 6.2.3 The Contractor shall rake/shovel loose material from high spots back into low spots/worn areas on running paths, sliding zones, and any other low spots/wom areas appearing on the field before any watering or dragging shall take place. 6.3 Home Plate Area/Batter's Box Area Holes (follow Gail Materials home plate/pitchers mound maintenance video) 6.3.1 Sweep/Rake away all loose brickdust-mound prix -calcine clay. 6.3.2 Wet area until moist. 6.3.3 Scarify area (`s) [batter's box hole (`s)] with shovel. This will help the mix bind. better. 6.3.4 In a 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose. 6.3.5 Backfill "mound -mix" material into hole (`s). 6.3.6 Tamp the area firmly with steel tamp. Note: The tamp will be most effective if you cover the bottom with plastic. Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp's bottom. 6.33 Wet area until moist using a hose and power nozzle. Cover areas with calcified clay. 6.4 Pitcher's Mound 6.4.1 Follow same procedure for repair of home plate/batter's box area utilizing dry "mound mix" for this purpose. Do not cover with infield mix. 6.4.2 Add to the above the following: Rake all loose material from bottom to top and cover with "Mound Mix", 6.5 General Brickdust Skinned Infield Areas 6,5.1 After raking/shoveling loose material from high spots back into low spots/warn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer). brickdust from stock and make level. 6.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop; dugout, chain link fencing and/or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. 65.3 Lightly water entire infield before dragging. Note: Watering shall penetrate brickdust to a minimum depth of 1/8" deep min. This process is crucial, to keeping brickdust in place and not going air borne. 6.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag". Circular or figure eight drag patterns shall be used (see details 1- A & I -B). Alternate drag patterns or reverse direction of drag patterns daily to avoid ruts and high/low areas. Speed of drag procedure shall not exceed 7 mph. City of Santa Ana RFP 15-913 Page 14 6.5.5 When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18". This will help in avoiding lips at brickdust/turf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 6.5.6 Contractor shall hand rake all base paths on combination turf/brickdust infields. 6.5.7 When the dragging process is complete, the contractor shall stop the drag in a different location daily, This will stop the accumulation of brickdust in focused areas. At this time roll -up the drag, place it on the vehicle and remove all debris accumulated in the drag at this spot and rake out material emptied from drag. 6.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake". The rake shall be held at an angle as to not push brickdust onto/into turf areas. 6.5.9 After raking the 18" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high pressure water nozzle or heavy duty broom. NO brickdust shall be permitted on the turf edges at any time. If in the determination of City staff, an unsafe lip situation exists (an unsafe lip is Y2" or greater) in any turf/brickdust border area infield to brickdust, base -paths or brickdust to outfield), contractor will be required to remove or level the soil build-up with a sod cutter and re-establish the in -field boundaries with a string line or suitable method and re -sod up to the border to remedy the situation at contractors expense. Pre- existing conditions shall be corrected during contract start-up. 6.6 Final Watering 6.6.1 This is the most time consuming and a very important element of the procedure. 6.6.2 The contractor shall final water the skinned brickdust to a depth of 1/d' minimum. 7.0 Rainy Weather/Wet Field Procedure 7.1 On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: 7.1.1 Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using a pump/copper system. 7.1.2 Rake out (scarify) wet areas. 7,1.3 Apply Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) from stock to all Wet Areas and Rake Out. Cap with calcified clay Turface. 8.0 Work to be Completed FIVE (5) TIMES PER YEAR 8.1 'I'o maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and cut and level drag the searified material to low spots. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. Cap with calcified clay Turface. Note: Staff shall identify areas to scarify/cut and level drag to the contractor at weelcly meetings with contractors appointed site supervisor (as per section 6.2 of contract). 8.2 Heavy water scarified and cut and leveled areas to a %" min. depth and allow settling in before play on field. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of _. City of Santa Ana RFP 15-113 —" Page 16 bi-monthly scarify/cut and level drag dates to contractor, 9.0 Work to be Completed "ANNUALLY" 9.1 Each year, the following renovation is to be done on all fields in conjunction with the City's Annual Sports Turf Renovation Schedule, Fields renovated may change from year to year. 9.1.1 Contractor shall laser grade each ball diamond, Contractor shall scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to Iow spots, The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. Note: Staff shall identify areas to scarify/cut and level drag at the November meeting with contractor's owner (as per section 6.3 of contract). 9.1.2 Contractor shall verify and maintain all base distances, pitching rubber distances and pitching mound specifications per the Little Teague, Pony/Colt League specifications for each specific field. Contractor shall repair any specifications not being met on any field. In addition, the Director's Representative may elect to pay extra for the Contractor to install 1/2" new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) to in -fields at all diamonds (minimum 25 tons per Girls Softball/Major Little League Field and minimum 50 tons per Junior/Senior Little League Field). Also, the Director's Representative may elect to pay extra for the Contractor to install a minimum of 2 ton of Turface calcite clay per Girls Softball/Major Little League Field and 4 tons of Turface calcite clay to Junior/Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense. 9.1.3 The Director's Representative may elect to pay extra for the Contractor to rebuild pitcher's mound and batters boxes to MLB specifications for high school/college/senior-junior diamonds and Little League specifications for Little League major diamonds using Hill Topper Mound Mix capped with calcified clay by Turface. 10,0 Work To Be Completed "AS DIRECTED" 10.1 Replace Base ANCHORS as directed. Note: City of Santa Ana uses the Hollywood Breakaway base anchoring system. Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" below the surface grade so that the base sits level and flush against the surface on all sides. 10,2 Replace Bases as directed. Note: City of Santa Arra shall be responsible for supplying all necessary base anchors and/or bases to the contractor as needed. 10,3 Replace or Remove/Level/Re-Install home plates as directed, Home plate shall be 1" above finish grade of batters circle. City of Santa Ana RFP 15.113 Page 16 10.4 Replace or Remove/Level/Re-hnstall pitching rubbers as directed. Note, City of Santa Ana shall be responsible for supplying all necessary home plates and/or pitching rubbers to the contractor as needed. 10.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day. 11.0 Infield Turf Maintenance 11.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36" beyond the infield and warning track brickdust skin line/arc. Infield and warning track turf shall be mowed and edged one (1) time per week. Mowing shall be accomplished by walls -behind reel mower — Jacobsen Eclipse2 reel mower, TraCut or John Deere Walk Greens Mowers (180 E -Cut Hybrid, 220-E Cut Hybrid, 180SL-220SL-260SL Precision Cut units along skinned infield brickdust areas, turf infields, turf infield foul areas, and foul territories. Additional mowers may be submitted for approval by the City. 11.1.1 Contractor shall use a Jacobsen Eclipse2, TmCut or John Deere walk -behind "greens" reel mower to provide "putting green" quality finish cut, 11.1.2 Infield turf shall be, cut between Y2" and %" per Director's Representative direction, 11.1.3 All turf clippings shall be collected and disposed of, 11.1.4 Edging of infield arc shall be performed by infield sub. Straight lines shall be edged by running a string line to assure lines are edged perfectly straight. 11.2 Infield turf shall be irrigated to maximize healthy growth of the turf while conserving water. Over watering will not be acceptable. 11.2.1 Contractor shall check and program the automatic irrigation controller as often as necessary to assure the correct amount of water is applied to the infield sport turf, 11.2.2 Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as needed basis to assure a high quality turf infield. Optional As Extra Work - Infield turf shall be fertilized two (3) times per year in the fust week of January and April and when the field is renovated each year per the agronomic plan. The Contractor shall use California Organic products `Phyta-Boast' 7-1-2 fertilizer at 600 pounds per acre, and `Compel' compost at 300 pounds per acre. 11.2.3 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed. Optional As Extra Work - Infield turf shall be aerated using a walls behind piston type aerator as often as deemed necessary by Staff. 11.3 Infield turf shall be kept weed free at all times. 11.3.1 Any grasses other than the original hybrid Bermuda, and cropped, over perennial rye installed in the infield shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf 11.3.2 Any broadleaf and/or turf type weeds shall be eradicated immediately upon notice, The Contractor may choose the method of eradication, however, may not damage the turf, City of Santa Ana RFP 15-113 Page 17 11.4 Infield turf shall be kept free of disease and rodents at all times. 11.4.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 11.5 Infield turf annual renovation (Optional, at City's request, as a contingency item) 11.5,1 Each year the infield turf shall be renovated: 1) verticut using the straight blade reels with blades 1.25'-1.50" apart; 2) mowed to YV high immediately following verticutting; 3) ovorseeded with Stovers Seed Company Bermuda Dunes at a rate of 8 pounds of seed per 1,000 square feet; and, 4) top dressed immediately following seeding by Materials using "Santa Ana Top Dress Mix" 1/4" minus STA tested /approved compost -seed topper with California Organic Phyta-Boost 7-1-2 fertilizer pre -mixed (35 cubic yards seed topper to 700 pounds of organic fertilizer). 11.6 Infield monthly overseeding (Optional, at City's request, as a contingency item) 11.6.1 Each month the infield turf shall be verticut using the greens reel mower straight blade reels with blades 1.25'-1.50" apart and overseeded with Stovers Seed Company Bermuda Dunes at a rate of I pound of seed per 1,000 square feet or Simplot's 7acklin Seed Company CSI Perennial Rye at a rate of I pound of seed per 1,000 square feet. 12.0 General Contract Provisions 12.1 Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. Consultant Resuonsibilities: 1.0 UNIFORMS AND VEHICLES IDENTIFICATION 1.1 The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform, company hats, collared work shirts, pants, jackets, cold weather vests and ANSI approved safety shoes. All uniforms will be marked by patch, sills screen or embroidery with the company name and logo or other form of identification. 1.2 All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name, contractor's license number and contact information clearly identified on both sides and the rear of the vehicle. 1.3 The Director's Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards. 2.0 SAFETY REQUIREMENTS so .rw�iAwww�+�. Gdy of Santa Ana RFP 15-11 _3 Page 18 2,1 All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program. 2.2 All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavation/trenching/shoring, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. 2.3 hi the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion Order the Contractor to stop performing and pay all costs and or damages resulting from the delay. 2.4 In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan and update OSHA safety training records and employee safety training certificates, 3.0 SAFETY NOTIFICATION 3.1 If Contractor identifies a potential safety issue, Contractor shall; 3.1.1 Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition.. 3.1.2 Notify the Director's Representative of the condition first by phone and then in writing (e-mail is acceptable) including digitral photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. 4.0 UNDERGROUND ALERT SYSTEMS 4.1 Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48 - hours in advance prior to any excavation work. 5,0 PROPERTY DAMAGE 5.1 Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. 6,0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 6.1 The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre -approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 4). City of Santa Ana RFP 15-113 Page 19 7.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 7.1 The Contractor shall exercise due care in protecting from damage all existing facilities, stntictures, and utilities, both above surface and underground on the City's property. Any damage to City, Santa Ana Park and Recreation Facilities (SAPRF), or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or Director's Representative shall make the determination of fault. The Director's Representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred. 7.2 If the Directors Representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any Underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. 7.3 Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the Director's Representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized Director's Representative for a timely resolution of the problem. 8.0 SUBSTITUTIONS 8.1 Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 9.0 CERTIFICATION & APPLICATION OF MATERIALS 9.1 All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the Director's Representative, The Director's Representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non -satisfactory items at his/her cost. 9.2 No materials shall be applied prior to the ;Director's Representative verifying the specified quantities of materials. Furthermore, should the Contractor apply materials before the Director's Representative verifites correct materials and quantities, the Contractor shall not receive credit for the applied materials. 'The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials. 10.0 SOUND CONTROL REQUIREMENTS 10.1 The Contractor shall comply with all local sound control and noise level rales, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said. muffler. Full compensation for conforming to the requirements of this section shall be City of Santa Ana RFP 15-113 Page 20 considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 11.0 NOTIFICATION OF LOCATIONS OF WORK 11.1 The Contractor shall notify the Director's Representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 12.0 WORK FORCE 12.1 The Director's Representative may evaluate each of the Contractor's staff and if he/she finds that a Contractors employee or sub -contractor's employee is not performing to the satisfaction of the Director's Representative, the Director's Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. 13.0 MATERIALS 13.1 The Director's Representative shall approve or reject all materials delivered to the work site In addition, the Contractor shall not apply any materials until the D'irector's Representative inspects the materials to confirm they are correct per specifications. Note that the Director's Representative may stay at the work site to confirm that all materials are applied correctly and in [lie quantities specified. Materials applied by the Contractor prior to the Director's Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification, The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the Director's Representatives approval, apply the materials in the presence of the Director's Representative: Prior to the application or use of any materials the Contractor shall submit to the Director's Representative a miuimmn 48 hours before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include the name of the product, the products specifications, and the quantity of materials, prescribed method of use/application, Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturer's data that may be pertinent. 'The list must be submitted before any materials/chemicals are used pursuant to this Agreement. 13.1.1 The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep turf, trees, shrubs and other plants in a healthy and vigorous growing condition. City of Santa Ana RFP 15-113 Page 21 Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. Materials shall as specified herein, matching those existing at the work site, or as specified by the Director's Representative, 13,1.2 All materials delivered to the site shall be accompanied by a packing slip or other form from the vendor indicating the specific commodity delivered and the quantity. City Responsibilities 1.0 CITY -DIRECTOR'S AUTHORITY The Director's Representative is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director's Representative, hr the event that the Contractor effects any such changes at the direction of any person other than the Director's Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director's Representative shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The Director's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his/her discretion. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work, When the performance of the work or completion per schedule is determined to be sub -standard or not on schedule, the Director's Representative may recommend that all or a portion of payment be withheld. In addition, the Director's Representative shall have the option to hire another qualified contractor to perfonn any portion of the work specified and withhold payment in the amount of the cost to hire the qualified contractor. Payment to be withheld shall be deducted from the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director's Representative shall decide all questions, which may arise as to the interpretation of the quality of work, manner of performance, completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. Sxrecial Requirements See -ATTACHMENT 4: ADDITIONAL PROVISIONS City of Santa Ana RPP 15.713 Page 22 APPENDIX ATTACHMENT 4: ADDITIONAL PROVISIONS 1. TERM This Agreement shall commence on upon execution of the agreement through January 31, 2018 with the option for the City to grant up to two one-year renewal options, at the same fee structure identified in Attachment 3-6 Fee Schedule, exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 2. ADDITIONAL SERVICES The City reserves the right to request additional services associated to in -field ball diamond maintenance. Prior to performance of any work the City will negotiate scope/pricing and the contractor must provide a quotation for the requested work that is to be approved in writing by the City. City written approval may be in the form of an "Authorization for Extra Worlc" form. 3. POLICY FOR DRIVING ON PARI{ PROPERTY Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances: A, When delivering over 30 tbs. of equipment or supplies to ajob site B, When there is_no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D. Vehicles weighing in excess of 8,000 lbs, are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in aid out of the park that will be the least likely to cause damage. E, Employees and contractors must avoid driving on turf any time damage is likely. This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations, 4. STA SEED TOPPER TESTING RE, QUIRE The purpose of this specification is to assure that compost products, such as mulch and seed topper, are of high quality by evidence of meeting the U.S. Composting Council's Compost Analysis Proficiency Program (CAPTP) requirements. All compost products must meet or surpass all the requirements specified in the CAPTP program, including but not limited to, having compost products tested by a CAPTP certified lab, All products must be tested and approved by a CAPTP certified lab within 30 days of delivery to the City of Santa Ana, The City of Santa Ana RFP 15-113 Page 38 Director's :Representative reserves the right to take samples of compost products delivered or used in the City of Santa Ana and submit the samples to a CAPTP certified lab to verify that the compost products meet or exceed the requirements set forth by the CAPTP. Should products delivered or used in the City of Santa Ana not meet the CAPTP compost requirements, the City will consider this as a failure to perform by the contractor. City of Santa Ana RFP 15-113 Page 39 ��_ --- APPENDIX .T�.._ ATTACHMENT 3-6: SEE SCHEDUI E CERTIFICATIONS CITY OF SANTA ANA REQUESTFOR PROPOSALS FOR IN -FIELD BALL DIAMOND MAINTENANCE RFP NO.: 15-113 Certification -1 certiTy that I have read, tmctelsta nd al, -cel agree to the tenets and conditions of this Nteyuest for Proposals 1 have crantilned the Scope of Services and iliiC'<unilittr with the scope of work locations. Paan familiar with alI the existing conditions and limitation that may impact wol'k requests, I Urldetsstancl and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of oily Proposal. Proposal Item Price - Provide costs for in-fielcl ball diamond maintenance. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and Roel. The proposer warrants that the prices, terms and conditioned quoted will be valid for a period of 90 days front the date the proposal is due. In order to allow time to award an agmement. INS'I R ICP I ANN UAL MOWN] El Salvador Ptak flerilage Purls _3_3,190 3,900 Riverview Park u 41,834— Rustta Park _—_ 14,790 Windwr Park 6,140 DISTRICT 4 ANNUAL AMOUNT Adams Park 9,460 Centuoniat Park 21,520 e—^ jororuc Park :33,510 'human Park 33,555 Windwr Park 6,140 IDrAl. 104,185 — — COA IPER DAY 01 SERVICE PER WEER EOR A YLAM 14017,280 ~- 4012,080 157/ 6,164 63t 3,380 402/ 20,904 cos -PER DAY nr SERVICE PTR WEEK POR A VTAR* 40/ 2,080 100/5,200 140/ 7,280 15/ 5,980 42/2.184 437/ 22,724 Ir tno c ay WISIAes to sncrease elle 11'equency oi'staintenance please paovide the cost to add a day of service per weep for a year. Professional Sports Field Maintenance, Inc. Emerald Glen, Laguna Niguel, CA 92677 ness Address President vl tnUM1114CU At'eRt 949-661-0493 Phone and Pre Signature of Authorize l Agent r �� Date -- —� 72-1585503 C27. 929290 Fe—era], — !U ltaunter (f aPPl--- ---C, o-_r-a..-c_to-License Nuntbet' (if applicable) City of Santa Are RFP 16-113 — Paye 37 No. CS800 AIA DOCUMENT A31V - 2010 Premum $2,292.00 Annual Premium RAVMMYRONT arry stnpuierrelarem�fd Gaahadta:Sure(u:nwmldFG€hY nartY shay to ddnSG?hfural whare.BANidable.:- .. (Name, tagat status and addresO Contractors Bonding an, Professional Sports Field Maintenance, Inc. 111 PacTic2 No. 360 23 Erneral5t Glen Irvine, CA 92618 Laguna Niguel, GA 926 OWNER rNaPiAR Iw�natafatugandeddressjl ., CXy of Santa Ana 20 CMcCenter Plaza PQ Box 19$8 Santa Ana GA92702 0"ANSTRUCTION CONTRACT Date: January 16,416 Amount° $114,604,00 pesortpoon (tvameana ldcallon). Balt Diamond Meintonanco Services City of Santa Ana (District 4) This agreement shall commence on February 1 2016 and terminate on January 31, 2018, unless terminated aadier in accordance with Section 1,5 The term of this agreement moy boaxtonded for two (2) one-yeaz periods upon awrit1ig executed by the bity, Manager and the City Attorney DOINO pate (Nc t earU than Conshudrctn Cortina# [Date), January 25, 2016 ,Amount: $57,302.00 ' Mod4ieatrarle to this Wind,, LXNone U See seOlon18 CONTRACTOR AS PRINCIPAL Company. (Corpa ate seal) Professional Sports Field Maintenance, Inc. Jlgeraturlo.. � V, 'na Name and Tula; Donald V Bordelon President, SURETY Gt3 Pavy; {corporate Seal) Contractors Bonding and Insurance Company 00 Attorney -in -Fact -Name: Linda D. Coats (Arty adcWonal signatures,appear on the last pap of this Payment pond) Ft'E?'�'P ins-xrrerl/A I xvty ar^lYcr ` 3wfaw, uNf?.P'yu uiW.wwu(,c+Vry®ri AGENT or BROKER: OWNER'S REPRESENTATIVE(Arehrtect�ngtn erarotherpsrtkf; Coats Surety Insurance Services, Inc: ,22046 Avorudo .doto'COota Suita604'_ Laguna Mills CA -92653 The faWasge 7n this documantew fivmstofherrenauage used Afli{ WwMntA942+.. 9010. Farrntsm05z4FED (rer.r- 0) 1 The Contractorand the ;Surety, Jointly and severally, bind themselves, their heirs, executors, administrators, successors and ass igne to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Corro2ruchan Col Itraot, which Is incorporated herein by reference, sub]eotto the following terms, 2 If the Contractor promptly makes payment, of all sums due to Claimants, and defends, indemnifies and holds harmless the Cwner from ole ims, demartds, liens or suits by any parson or entity seeking payment for labor, materials or equipment furnished for usa In the performance of the Construction Contract, then the Surety and the Contractor shall hovones obllcpfan anderiNsBond. 8 If thcro Ib no Cwnor 0ofowlt shall arise after the Owner has prop claims demands; liens or suits age or Of 4 When the Owner has satisfied the conditions In Section 8, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a dulytendered claim, demand, Igen or stmt. a The Surety's obligations to a Claimant under'this Bond shall arise after the following: 9.1 C`.laimanta, who do nr f haves n rrlr n.t nnntrptnt % ifh fhw t"tnnfrertnr, ,1 have furbished a written notice, of non•payrnent to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were or equipment was, furnished or supplied or for whom tho Iabor was dyrio ar parformtd, within ninety 1003 Bayo gftpr having Iqt p,�rormod tabor or tact furniahcd materials or equipment included in the Claim, and .2 have sent'a Claim to the Surety (at theaddress described in Section 13), 0 Claimants, who are employed by or have a direct contract with the Contractor,. have sent a Claim to the Surety (at the addressdescribed in Section 13). 0 If a notice of non-payment required by Section 6, 1:1 is given by tate Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 0.1.1, I When a Claimant has satisfied the conditions of Sections 51 or 5,2, whichever is applicable, the: Surety shall promptly end atthe Surety's expense takethe fbllowing actlonsl 7.1 Send an:answer to the Claimant; with a copy to the owner, within sixty (60) days after recaipt of the Claim, stating tho amnAints that Oro undicpotad,and the haaiafbr f�hall✓?nolra any mmni ntq that arc riispi-¢asrl And 7.2 Pay or arrangefor: payment of any undisputed amounts.. 7.3 or or 71 or Section 7.2 shall not be is to a Claim, except as to on —_ – -- z The languaw fn this docwtiont 47.rui'prms to Me brlguge uaadiaAM Document A312V-2611 Fan 15-02-0674 FEOGev, 7-10 a Tne.5urery's totaicpligatlorl :snarl not exceed the amount of tnls Boni plus ttie amount or reasonaoleattorney's fees provided under section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9 Amount$ owed by the Owner to the Contractor under the Construction Contract shall be used for the performance, of the r:nnatn in inn r`.nntrmett-and to satisfy alsirns,if any, under any ennstntctinn: parfnrmanne hnnd By the C;nntractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Gontraetar and the Surety under this, Bond, subject to the Owner's priority to use the funds for the completion of the work. 10 The Surety shall not be liable to the Owner, Claimants or others for obligations -of the Contractor that are unrelated To the Construction c;ontrarY, Tne Udmner shall not oe Ilame Tor the payment or any costs or expenses or any L;lalmani. under this Bond, and shalt have under this Bond no obligations to make payments to, or give notice on behalf of, Claimants or otherwise have any obligatlons to Claimants under this Bond. 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to rQli r ihnnntmots, pi unhaaa nedem and other nhligatinnc. 13 No cult or oetion shall ha nannmene>scl ley a r1nimant under this Elrod other than in a eourt of comrwtant jurisdiction in the state in which the project that is subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 51.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone uucicr Me GuijbtruLluit Gunb4VL, WhMi"vvi wr (f) vi (a) fist vuuom it um pvvioluno ur Lido pre void u, prohibited by law, the minimum period of limitation avatlableto sureties as a defense in the jurisdiction of the suit shall be applicable. 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page which their signature appears, Aotual raoelpt of .notice or Claims, however socompllehed, shall be sufficient compliance as of the date received: 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the, construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or rather legal requirement shallhe dulled inoorpurateci hcrcln. When oo forrilahod the intent is that thio loend oholl be oonotruad ae a statutory bond and net as a common law fond. 46 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. The langwas In (61 docuryrenlconforms to Melanguaue Li In AIA Document A312 nr-2r O. Fen, 15024674VED(MY. 7.10) 16 DEFINITION$ 16.1 GlBtm. Awrttten statementbytne Glalment: Including. ata. minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials oreqquipmentfurnlshed; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use In the performance of the Construction Contract; 4 a brief description of the labor, materials or equipment furnished; IS the date on which the"OIaiment fact parformed'labor or ]act furnivhod rnateriala or equipment for uC®'in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the claim .7 ' the total amount of pravtuuS paymenib recciyed of the Glahnant, and, 8 the total amount due and unpaid to the Clamant for labor, materials or equipment furnished as of the date of the Claim. 111:2 Ciafimant: An individual nr entity having a direst r niifraot with the Cnntrrrr for nr with a suhrnntrsantnr of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract, The term Claimant also includes any Individuai or entity that has rightfully asserted a claim under an applicable mechanic's lien or eimilar statute against the.. real property upon which the r'rojoot la l000tod, The Intent of this Mnd ahali tic to include without limitation in the terms 'labor; materials or equipment" that part of water, gas power, fight, heat, oil gasoline, telephone service or rental equipment used in the Construction Contract architectural and engineering services required for performance of the work of the Contractor and the Contractor's subeontraetors, and all other items far whioh a mechanic's lien may be asserted In the jurisdiction where the labor, materials or equipnlsnt were furnished. 10,3" Construction Contract: Tla agieenler4 between Ltie Owner mild, Lite CunCrsg;utor iderrhried un the uuvei {rage; Including all Contract Occuments and all changes made to the agreement and the Contract Documents. 18.4 owner Default: Failure of the Owner, which has neither been remedied far waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply: with the other material terms of the COnCt'�NKtiOIT.�CYttrPCt. 16A contract Documonte. All tha:dooumontb that compriee the agrogmont botwoon tho r3.vnor and 4bntraetor. 17 If this. Sond ie ioauod for an egroomont botwoon a Contractor and oubcontrctotor, tho farm Contractor to thio Bond. shall bo -deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. _.. �.. 4 PrihtCr! rn cooparetion wrYh Ura. Amada, lnsftftrte of Architects (AIA) by the Chubb Group of insurance C'om,Panles. The language 0 fnlad©cunten(coo"nmto the language used OAK 1700umentA717e-31110. flpRn 15-ttt„b57dFEri (rev. 7-t?b 18 MODIFIGATIONS TO THIS BOND AREAS FOLLOWS: ('SjraRiw+.tlbVi[tCtiGElk]W Iw:aWlgk+rrdfsa¢lria(uraa W:WUercd Nss��S u4rn Urnn Urwer ttNpaarkry tnr-Urcr tzww Nuyea) CONTRACTORS AS PRINCIPAL SURETY Company: X:01pprate Seap Company: (carperob Sew Signature: _ Name and Title:' Addree; Signature: Name and Title: Addreas' The languagein this 0mum®ntconkrms to the language used inAJA DwumentA312+•.�20 A - Fomm1&a2&g5A1FED (raV, 7-1% CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On '2"- 2-0 lo_ before me, Summer L. Reyes, Notary Public ate Here Insert Name and Title of the Officer personally appeared Linda D. Coats Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose names} is/are subscribed to the within instrument and acknowledged to me that #te/she,4" executed the same in -his/her/their authorized capacity(4es), and that byiiis/her/their signature*on the instrument the persons}, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph _ _ - - Is trueand correct. c:`t..,. _ SUMME8 L. Rf:YES Comm! sslon # 1986627 WITNESS my hand and official seal. Z ; `�'� Notary Public • California z - ?"' Orange County 0j1 ,r�I n /n/ � My Comm. Expires Jul 29, 2016 Signature v t� /v L�Y+� a Signato of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Titles): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association - www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RLI® ekle nn RLI O.S'pnny 9025 N. Lindbergh Dr, I Peoria, IL 61615 Phone: (800)645-2402 I Fax: (309)689-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Linda D. Coats, Matthew J. Coats, Summer Reyes, jointly or severally in the City of Laguna Hills , State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 1 for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 28th day of January, 2015, ,,..... 'a'N;o� ,,,, ,,,,,"I11Fc,,,, RLI Insurance Company `,,•oa ,.....,.s�Q-,,,, e ,,=2y�..• •. o,�A ;, Contractors Bonding and Insurance Company ¢ � 00 4T4, 2'. SEAL.!9 `. SEAL '4••,••••. '''��` '• Roy C. Die Vice President State of Illinois l ,.•' L) County of Peoria 1.10 CERTIFICATE On this 28th day of January 2015 I, the undersigned officer of RLI Insurance Company, mid/or before me, a Notary Public, personally appeared Roy C. Die , who Contractors Bonding and Insurance Company, each Illinois being by me duly swom, acknowledged that he signed the above Power of corporations, do hereby certify that the attached Power of Attorney is Attorney as the aforesaid officer of the RLI Insurance Company and/or in full force and effect and is irrevocable; and furthermore, that the Contractors Bonding and Insurance Company, and acknowledged said Resolution of the Company as set forth in the Power of Attorney, is instrument to be the voluntary act and deed of said corporation. now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Com�qa-�U and/of)Contractors Bon�and Insurance Company this day ofKIWAJ , RLI Insurance Company Jacqu ine M. Bockler Notary Public Contractors Bonding and Insurance Company „ornav e " 'OFFICIAL SEAL Roy C. Die Vice President aueuo F JACQUELINE M. BDCKLER e ov LLIVOo COMMISSION EXPIRES 01114118 ��s 0475404020212 A0059115 A'coRbr CERTIFICATE OF LIABILITY INSURANCE �...+�� DATE (MM 12/221/2015 12/22/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 andorsement(s). PRODUCER CONTACT Susan Dias NAME: InaUrariCe Solution? License #0746539 PNONE„a, (949)348-7400 = No, (949)348-2373 ADDRESS: SusanD@ins— solutions. com 33302 Valle Rd, Suite 200 INSURERS AFFORDING COVERAGE NAIC# INSURERA:The Ohio Casualty Insurance Company 24074 San Juan Capistrano CA 92675 INSURED INSURER Allmerica Financial Benefit 41840 INSURER C American Fire and Casualty Company 24066 Professional Sports Field Maintenance Inc 23 Emerald Gln INSUR.ERDState Cc= Ins Fund 35076 INSURER E: Laguna Niguel CA 92677 1 INSURER F: COVERAGES CERTIFICATE NUMBER:15-16 ALL REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE BR POLICY NUMBER MMIDCIYYVY MMIDDIYYYV LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR EACH OCCURRENCE $ 1,000,000 AMAGLTO ED PREMSES IEa occurrence $ 500,000 MED EXP (Any one person) $ 15,000 BKO57062484 12/21/2015 12/21/2016 PERSONAL &ADV INJURY $ 1,000,000 SENT AGGREGATE LIMIT APPLIES PER: X POLICY PE�7 0 LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS COMP/OP AGO $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 , 000 , 000 Ea acGdenl B X�ANY AUTO ALL OB OWNED SCHEDULED NON -OWNED HIRED AUTOS AUTOS AW3A377777 8/26/2015 8/26/2016 _ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE ROPEPer ldent $ Uninsured molorlst combined $ 300,000 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 2,000,000_ L, EXCESS UAB El CLAIMS -MADE _ AGGREGATE $ 2 000,000 DED ETENTION$ Is ESA56274048 10/1/2015 10/1/2016 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under NIA 16207476-2015 2/26/2015 2/26/2016 P R OT - Y_ STATUTE ER E, L. EACH ACCIDENT $ 1,000,000 E, L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1 000,000 DESCRIPTION OF OPERATIONS below a"y. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more p ce is re ulretl) Xv The City of Santa Ana, it's officers, employees, agents, and repreaenta a..e i ed as additional insured per the attached endorsement. �.Jracj P V (714)647-6944 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Purchasing Department ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE Alessandra/PETERS ©1988-2014 ACORD CORPORATION. All rinhta rneervad_ ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS026 t9nur n COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU eab`J'. 5 7 7 7 8 8 © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the Insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically In excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT I� Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: e6 + (2) A watercraft you do not own that is: t�P,�\e� � / (a) Less than 52 feet long; and ueJa (� 5 ry (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- Ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement Is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- mg: 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 an automatic fire protection system) to: (1) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2, Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage Afor damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident, and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of ball bonds required because of accidents or traffic law violations arising ap§ a out of the use of any vehicle to which the Bodily Injury Liability Coverlies. We not have to furnish these bonds. \ 2. Paragraph 1.d. is replaced by the following: �JaS ° d. All reasonable expenses incurred by the insured at our request to asjsY3t tY�estigatlon or defense of the claim or "suit", including actual loss of earnings uDOP because of time off from work. �� res " G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or e organization whom you have agreed to add as an additional insured in a written contract, written �(\ agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: —® (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 expo- sures; or (b) The construction, erection, or removal of elevators; or N s (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a, above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c, above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. „ The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commerciae'I�Getroral Liability Condi- tions. ''CC��7 Q�G O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily Injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, If the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d, "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additioq;�4°jnsured coverage on a primary and noncontributory basis, this policy shall be primary and wewl n I seek contribution from the additional insured's policy for damages we cover. yoPW`` a�C/ 2013 Liberty Mutual Insurance __rr� CG 88 10 04 13 Includes copyrighted material of Insurance Services Offceo , Inc., with62�Mission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other Insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form u or endorsement under this policy. z N 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under x s this Insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional Insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d, We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These, mits are inclusive of and not In addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS] MALPRACTICE y��®e' WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES ��a5 Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": Spp,�Gj (a) To you, to your partners or members (if you are a partnership or joint ve ure), to%,L,r, members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a)above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful Intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable Insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority Interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; III Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. 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 or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit' by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is " effective in your state. 0. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3, is replaced by the following: 3. 'Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from � y�CJ physical injury, sick- ness or disease. m 1 1\ © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., withitspermission. Page 7 of a P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans - far Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: ® 1. You and that person or organization have agreed in writing in a contract or agreement that you s waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. 0 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" re- fer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private passen- Passenger ger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Li - Other Than Pri- ability Coverage any "trailers" you don't own while attached to power units you vate Passenger own). This includes those "autos" not of the private passenger type you acquire "Autos" Only ownership of after the policy begins. 6 Owned "Autos" Only those "autos" you own that are required to have No -Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those "autos" you Fault acquire ownership of after the policy begins provided they are required to have No - Fault benefits in the state where they are licensed or principally aro ed. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage. This includes those "autos" you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re- ists Law quirement. 7 Specifically De- Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three), 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in con - "Autos" Only nection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your per- sonal affairs. ERGS ��C(t1t� Page 1 of 12 P CA 00 01 03 06 0 ISO Properties, Inc., 2005 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the definition ment Subject To of "mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are Financial Re- licensed or principally garaged. sponsibility Or Other Motor Ve- hicle Insurance Law Only B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declara- tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- age only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; and b. You tell us within 30 days after you acquire it that you want us to cover it for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". SECTION II —LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent" and resulting from the ownership, mainte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "in- sured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured 3. Any "auto" you do not own while used with the The following are "insureds": permission of its owner as a temporary substi- a. You for any covered "auto". tute for a covered "auto" you own that is out of service because of its: b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- a. Breakdown; row except: b. Repair; (1) The owner or anyone else from whom c. Servicing; you hire or borrow a covered "auto". d. "Loss"; or This exception does not apply if the covered "auto" is a "trailer" connected to e. Destruction. E;(� �y " a covered "auto" you own. svi\ P 't 19910 Page 2 of 12 CA 00 0103 06 0 ISO Properties, Inc., 2005 (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (5) All costs taxed against the "insured" in any "suit" against the "insured" we de- fend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of nsurance. b. Out -Of -State Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used, We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agree- ment. But this exclusion does not apply to liability for damages. a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation 4. Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. Employee Indemnification And Employer's Liability "Bodily injury" to: These payments will not reduce the Limit. Od a. An "employee" of the "insured" arising out of and in the course of: Insurance. �e�\ y f mployment by the "insured" or Page 3 of 12 N P� CA 00 01 03 06 © ISO Properties, Inc., 2005 (2) Performing the duties related to the con- duct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily in- jury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, a domestic "employee" is a person en- gaged in household or domestic work per- formed principally in connection with a resi- dence premises. 6. Fellow Employee "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while per- forming duties related to the conduct of your business. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or trans- ported by the "insured" or in the "Insureds" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto" or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechani- cal device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equip- ment": or b. Machinery or equipment that is on, attached to, or part of, a land vehicle that would qual- ify under the definition of "mobile equip- ment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been com- pleted or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representa- tions made at any time with respect to the fit- ness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, cor- rection, repair or replacement, but which is oth- erwise complete, will be treated as completed. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants": a. That are, or that are contained in any prop- erty that is: RevO2� (1) Being transported or towed by, handled, � or handled for movement into, onto or G \eICI from, the covered "auto"; ve Page 4 of 12 Q CA 00 01 03 06 0 ISO Properties, Inc., 2005 (2) Otherwise in the course of transit by or on behalf of the "insured": or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto"; or C. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or re- leased directly from an "auto" part de- signed by its manufacturer to hold, store, receive or dispose of such "pol- lutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "in- sured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto": and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising di- rectly or indirectly out of: a. War, including undeclared or civil war; c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "in- sureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined, resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continu- ous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this Coverage Form and any Medical Payments Cov- erage Endorsement, Uninsured Motorists Cover- age Endorsement or Underinsured Motorists Cov- erage Endorsement attached to this Coverage Part. SECTION III - PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. b. Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (6) Mischief or vandalism; or b. Warlike action by a military force, including (6) The sinking, burning, collision or derail - action in hindering or defending against ana Qy' ment of any conveyance transporting actual or expected attack, by any gov "It'. `N Othe covered "auto", ment, sovereign or other authority uSSi�Tg r���- Page 5 of 12 military personnel or other agents; or CA 00 01 03 06 0 ISO Properties, Inc., 2005 c. Collision Coverage Caused by: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Decla- rations for towing and labor costs incurred each time a covered "auto" of the private pas- senger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" colli- sion or overturn considered a "loss" under Col- lision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maxi- mum of $600 for temporary transportation expense incurred by you because of the to- tal theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expi- ration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision only it the Declara- tions indicate that Comprehensive Cov- (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any ex- penses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or result- ing from any of the following. Such "loss" is ex- cluded regardless of any other cause or event that contributes concurrently or in any se- quence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioac- tive contamination, however caused. b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign or other au- thority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by gov- ernmental authority in hindering or de- fending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being pre- pared for such a contest or activity. 3. We will not pay for "loss" caused by or result- ing from any of the following unless caused by other "loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. 4. We will not pay for "loss" to any of the follow- ing: erage is provided for any coveredd by'. a. Tapes, records, discs or other similar audio, "auto"; ,,Ne visual or data electronic devices designed use with audio, visual or data electronic equipment. CPI Page 6 of 12 P CA 00 01 03 06 © ISO Properties, Inc., 2005 b. Any device designed or used to detect speed measuring equipment such as radar or laser detectors and any jamming appara- tus intended to elude or disrupt speed measurement equipment. c. Any electronic equipment, without regard to whether this equipment is permanently in- stalled, that receives or transmits audio, visual or date signals and that is not de- signed solely for the reproduction of sound. d. Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 4.c. and 4.d. do not apply to: a. Equipment designed solely for the repro- duction of sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the cov- ered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" or b. Any other electronic equipment that is: (1) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (2) An integral part of the same unit housing any sound reproducing equipment de- scribed in Paragraph a. above and per- manently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. 6. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limit Of Insurance 1. The most we will pay for "loss" in any one "ac- cident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". CA 00 01 03 06 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen prop- erty will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION IV —BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The apprais- ers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compli- ance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "acci- dent" or "loss". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no pay- ment or incur no expense without our consent, except at the "insured's" own cost. VOM fir, r� 01QO° rope ties, Inc., 2005 Page 7 of 12 (2) Immediately send us copies of any re- quest, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (6) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us un- der this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writ- ing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment af- ter trial. No one has the right under this pol- icy to bring us into an action to determine the "insured's" liability, 4. Loss Payment— Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or sto- len property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or sto- len property at an agreed or appraised value. If we pay for the "loss", our payment will in- clude the applicable sales tax for the damaged or stolen property. 6. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or or- ganization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally con- ceal or misrepresent a material fact concern- ing: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revi- sion is effective in your state. 4. No Benefit To Bailee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other pro- vision of this Coverage Form. keV+e� Gu��as S+�cSPI Adm+n CA 00 01 03 06 0 ISO Properties, Inc., 2005 Page 8 of 12 b. Other Insurance 7. Policy Period, Coverage Territory a. For any covered "auto" you own, this Cov- Under this Coverage Form, we cover "acci- erage Form provides primary insurance, dents" and "losses" occurring: For any covered "auto" you don't own, the a. During the policy period shown in the Dec - insurance provided by this Coverage Form larations; and is excess over any other collectible insur- ance. However, while a covered "auto" b. Within the coverage territory, which is a "trailer" is connected to another The coverage territory is: vehicle, the Liability Coverage this Cover- a. The United States of America; age Form provides for the "trailer" is: (1) Excess while it is connected to a motor b. The territories and possessions of the vehicle you do not own. United States of America; (2) Primary while it is connected to a cov- c. Puerto Rico; ered "auto" you own. d. Canada; and b. For Hired Auto Physical Damage Coverage, e. Anywhere in the world if: any covered "auto" you lease, hire, rent or (1) A covered "auto" of the private passen- borrow is deemed to be a covered "auto" ger type is leased, hired, rented or bor- you own. However, any "auto" that is rowed without a driver for a period of 30 leased, hired, rented or borrowed with a days or less; and driver is not a covered "auto". (2) The "insured's" responsibility to pay c. Regardless of the provisions of Paragraph damages is determined in a "suit" on the a, above, this Coverage Form's Liability merits, in the United States of America, Coverage is primary for any liability as- the territories and possessions of the sumed under an "insured contract". United States of America, Puerto Rico, d. When this Coverage Form and any other or Canada or in a settlement we agree Coverage Form or policy covers on the to. same basis, either excess or primary, we We also cover "loss" to, or "accidents" involy- will pay only our share. Our share is the ing, a covered "auto" while being transported proportion that the Limit of Insurance of our between any of these places. Coverage Form bears to the total of the lim- its of all the Coverage Forms and policies g, Two Or More Coverage Forms Or Policies covering on the same basis. Issued By Us 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the bal- ance, if any. The due date for the final pre- mium or retrospective premium is the date shown as the due date on the bill. If the es- timated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one If this Coverage Form and any other Coverage Form or policy issued to you by us or any com- pany affiliated with us apply to the same "acci- dent", the aggregate maximum Limit of Insur- ance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an af- filiated company specifically to apply as excess insurance over this Coverage Form, SECTION V— DEFINITIONS A. "Accident" includes continuous or repeated expo- sure to the same conditions resulting in "bodily in- jury" or "property damage". B. "Auto" means: year, the premium for this Coverage Form 1. A land motor vehicle, "trailer" or semitrailer de - will be computed annually based on our signed for travel on public roads; or rates or premiums in effect at the beginning d Dy of each year of the policy, g �oG���dmtr+ IF, Page 9 of 12 CA 00 0103 06 0 ISO Properties, Inc., 2005 2. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged. However, "auto" does not include "mobile equip- ment". C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death re- sulting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, con- tain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollut- ants": or 2. Any claim or "suit" by or on behalf of a gov- ernmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not in- clude any cost or expense arising out of the ac- tual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollut- ants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from the covered "auto% (2) Otherwise in the course of transit by or on behalf of the "insured" (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto" or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or re- leased directly from an "auto" part de- signed by its manufacturer to hold, store, receive or dispose of such "pol- lutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equip- ment". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or per- ceived loss in market value or resale value which results from a direct and accidental F. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker" G. "Insured" means any person or organization quali- fying as an insured in the Who Is An Insured pro- vision of the applicable coverage. Except with re- spect to the Limit of Insurance, the coverage af- forded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; ,avwNed by ° cUpvas P Pdl°M` CA 00 01 03 06 0 ISO Properties, Inc., 2005 Page 10 of 12 ?eed by ° Gk�evas CA 00 01 03 06 0 130 Properties, Inc., 2005 4. An obligation, as required by ordinance, to in- demnify a municipality, except in connection with work for a municipality; 6. That partt of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; 6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employ- ees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract" does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily in- jury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affect- ing any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; or b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employ- ees", if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization en- gaged in the business of transporting prop- erty by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. I. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". J. "Loss" means direct and accidental loss or dam- age. K. "Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers. 6. Vehicles not described in Paragraph 1., 2., 3., or 4. above that are not self-propelled and are maintained primarily to provide mobility to per- manently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers, 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting or well servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 2. Vehicles maintained for use solely on or next to M. "Property damage" means damage to or loss of premises you own or rent; use of tangible property. Page 11 of 12 CA 00 0103 06 IStrPrope *�1 N, "Suit' means a civil proceeding in which: 1. Damages because of "bodily injury" or "prop- erty damage"; or 2. A "covered pollution cost or expense", to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or ex- penses" are claimed and to which the "in- sured" must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages or "cov- ered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. P. "Trailer" includes semitrailer. Page 12 of 12 CA 00 0103 06 0 ISO Properties, Inc., 2005 ACCPR1:> CERTIFICATE OF LIABILITY INSURANCE ATE FD ra9r2o16Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE, DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,, the 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 frau of such endorsement(s). PRODUCER NAMECT Robin Holloway _.. _. Insurance Solutions License 60746539 41 348-2087 ..._" FAX, (949)348-2086 _.._ m._e_.— 1C NAc 049048-2087 c 14. 11 .mmm MAIL ADDRESS: robinh@ ins -solutions.com, 33302 Valle Rd, Suite 200 INSURER(S) AFFORDING COVERAGE a NAICA San Juan, Capistrano CA 92675 INSURERA:The Ohio Casualty insurance Company., 24074. INSURED INSURERBA11.meriCa Financial Benefit. 41840'.. -INSURER CAmerican Fire and ^Casuaity Com an �u.._..__.._ 24066 Professional Sports Field 'Maintenance Inc WSURIERD:State Comp Ins Fund 35076. _ 23 Emerald Gln ........ _ INSURER E ; $ _'_15_'_00O INSURER F Laguna Niguel C.A. 92677 COVERAGES CERTIFICATE NUMBER.16-17 WC Renewal REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN„ THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -_ IN'..:SR L TYPE OF INSURANCE U POLICY NUMBER . _,._.POLICY M al 71YEYYY POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1 , 000 000 $ r A CLAIMS -MADE X OCCUR I DAMAGE E TO RENTED PREMISES [Ea oca+rI, S 500,000 MED EXP (Any one person) „ .l $ _'_15_'_00O BK056274048 12/21/2015 12/21/2016 mGE:N'L PERSONAL BADV INJURY $1 OOO,ODO GENERAL AGGREGATE 1$2,000,000 AGGREGATE LIMIT APPLIES PER i� J PRO- LOC JEOT PRODUCTS - COMP/OP AGO a,g00,O2,000,000POLICY $ _......... OTHEW $ AUTOMOBILE LIABILITY ISI BINE L Li Ea acc+denkJ, It 1,000,000 H X ANY AUTO BODILY INJURY (Per person).. $ ALL OWNED 1 SCHEDULED _ AUTOS 4 AUTOS j[ Aw3A377777 8/26/2015 B/26/201.6 BODILY INJURY(Per accident) $ NON'-OWNEDPR4PERTYDAMaGE __$HIRED AUTOS AUTOS ri Per accldenf __..,..- I Unirsuredm,ctovistcombined $ 300,000 X.. UMBRELLA LIAB X OCCUR 1 I EACH OCCURRENCE ...". $ 2,000,000 EXCESS LIAR E CLAIMS-MADEi S r , At9GREGATE $ 2,0 170�QO DED f u RETENTION i E5A56274048 10/1./2015 10/1./2016 a $ WORKERS COMPENSATION r f i x PER OTH AND EMPLOYERS" LIASIU Y Y 1 N f ST,n,, UT___E �.._ Ej ANY PROPRIETOR)PARTN'ERlEXECUTIVLE,.L. �, N 1 A '. EACH ACODENT $ 100 000 0 D OFFICERIMEMBER EXCLUDED'?.. (Mandatory In NH) 1620476-2016 2/26/2016 2/26/2'.017 .--- - --- E.L. DISEASE - EA EMPLOYE $,� 000 X000 K es, desobe under E.L, DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS oelow i DESCRIPTION OF OPERATIONS I LOCATIONS 7 VEHICLES (ACORD 1101, Additlonal Remarks Schedule, may be attached If more space Is required) The City of Santa Ana, its officers, employees, agent's and representatives are included as additional insured per the attached endorsement. 6 >tif°, p A + i7 �e"'qle� as City of 'Santa Acta. 20 Civic Center Plaza Santa Ana, CA 92701 ACORD 25 (2014/01) 1 N 8025 0() 1401 i SHOULD ANY OF THE AEP415bESCAMED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATt THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE T Alessandra/?ETERS -Z' � �• "•• @ 1988-2014 ACORD CORPORATION.. All rights reserved. The ACORD name and logo are registered marks of ACORD AC"R" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 12/22/2015 THIS CERTIFICATE OS 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(i'es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Susan Dias -- insurance Solutions License #0746539 33302 Valle Rd, Suite 200 San Tuan Capistrano CA 92675 INSURED ,... - Professional Sports Field Maintenance Inc 23 Emerald Gln 4) (949)348-7400 SusanD@ins-solutions.com INSURER(S),AFFORDING COVERAGE g:The Ohio Casualty. Insurance. B Allmerica Financial Benefit c -American Fire and Casualty INSURER E : Laguna Niguel CA 92677 INSURER F: COVERAGES CFRTIFICATF NtIMRFR^15-16 ALL RFVI:gIr)m NI IMRFP- (949)348-237'3 NAIL 24074 0 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 CONDFION 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. --{ POLICY NUMBER_.-..... .ILTR '.. TYPE OF INSURANCE ADDL SUBR - .L......FOLICY EFF POLICY EXP ----.._._.... .. ...... .. .. ... MMfDDIYYYY MMIDDIYYYY LIMITS -..- CO X MMERCIAL GENERAL LIABILITY j EACH OCCURRENCE $ .. 1,000,000 A - —- % CLAIMS MADE, I OCCUR DAMAGE T® FtEN7Ed .... ..... PREMISES (Ea occurrence) $ ..500, 000 ..,..,,,._, BKO57062484 12/21/2015 12/21/2016 ME'DEXP(Anyoneperson) _ _$ 15,000 PERSONAL& ADV INJURY S 1,000,000 --� _. ......,... GENT ATE iEC,r APF"LIE PER: LIMIT I --- GENERAL AGGREGATE j $ _ ...,... 2 000,0 00 i .. I .. PQLOCY LOC ....) L—_ - ...... PRO UCTS - COMP/OP AGG j $ _ .-....... 2 000 404 r OTHiER, $ . AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT (9a academy 1,000,000 ` X ANY AUTO BODILY INJURY (Per person) 8 I � ALL C'w"JNED i SCHEDULED AUTOS �� AUTOS I AW3A377777 AUTO NON -OWNED 8/26/2015 Iii' 'ODIL INJURY (Per accident) $ 8/26/'2016 BODIL P RTY DAMAGE AUTOS AUTOS uninsured mDIDTist combined i is 300,000 '.... X UMBRELLA LIAR X OCCUR _,..._. ,. EACH OCCURRENCE $ 2,000,000 C uEXCESS LIAB CLAIMS MADE �'ESA56274048 _ Af,GREGATE�.,..... I $ 2, 000, 000 .. DED 1 RETENTIONS 10/1f2015 Y0f1/2016._. $ WORKERS COMPENSATION1r PER OTH- ND EMPLOYERS` LIABILITY Y 1 N! �— ANY PROPRtlETORIPARTNERItECU1l'VE OFFICERJMEMBER EXCLUDED7 NfA! E' L. EACH ACCIDENT -..._ _. $ 1,000,000 D + (Mandatory f 1.6207476-2015 { 2/26/2.015 2/26/201-6 E.L. DISEASE - EA EMPLOYED $...,,mm_. 1 O00 040 `,.....0 If yes, describe under - .. - .......' . ... DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 f 1 yL � 1 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES ACORD 101, Additional Remarks Schedule, may be attached if more is required) s ( p ce The City Santa Ana, it's of officers, employees, agents, and representa are i ed as additional insured per the attached endorsement. w va ' CERTIFICATE HOLDER (714)647-6944 TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City ,of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn : Purchasing Department ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, SCA 92701 AUTHORIZED REPRESENTATIVE `[' Alessandra/PETERS X31988-201'4 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 omnia COMMERCIAL GENERAL LIABILITY CG 88 10 04 1'3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUBJECT NON -OWNED AIRCRAFT' NON -OWNED WATERCRAFT E E EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Darnage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION O SUPPLEMENTARY PAYMENTS COVERAGESAND ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 5 0 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT* 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED; 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US- 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU U 2013 Liberty M',utual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance ;cervices Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. B. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured,. 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether prirnary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to, (2) Awatercraft you do not own that is: J6 'Fle A C',J41" (a) Less than 52 feet long; and 0 A '2klb 1 (b) Not being used to carry persons or property for a charge. \,40 C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage), If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: 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 an automatic fire protection system) to: (I) Premises rented to you for a period of 7 or fewer consecutive days-, or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days, A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission, Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage Afor damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic 'law violations arising out of the use of any vehicle to which the Bodily Injury Liability Covera plies. We not have to furnish these bonds, AN 2. Paragraph 1.d. is replaced by the following-, �JZ d, All reasonable expenses incurred by the insured at our request to as beh t estigation or defense of the claim or "suit", including actual loss of earnings u&OVA because of time off from work. —C-1 G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMI 1. Paragraph 2. under Section 11 - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional Insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts, or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or @ 20131-berty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3, of 8 b. Premises orfacilities rented byyou or used hyyou; m c. The maintenance, operation muse by you ofequipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued apernmit subject 10the following additional provisions: (1) This insurance does not apply to "bodily injury", ~property damage", or "personal and ad- vertising injury~ arising out of the opanmhpne performed for the state or political subdivision; ---- (2) This insurance does not apply to "bodily injury' or "property damage" included within the %nmp|e0ed operations hazard". (X) Insurance applies to premises you mwm, rent, or control but only with respect to the following hazards: (e) The existence, maintenance, nepm|r, nonotructimm, erection, or removal of advertising Q ei0no, avvnimAa, oenopiea, cellar entmncou, coa8 ho|em, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street bmnnern, or decorations and similar expo- sures; or (b) The conntruction, vreotion, or removal of elevators; or (c) The ownership, me|ntenamca, or use of any elevators covered by this insurance, However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by m contract or mQreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by 0 the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. abpve, o person's or organization's status as an edditiommi insured under this endorsement ends when: (1) All vvork, including materiela, parts or equipment furnished in connection with such work, on the, project (other than ommice, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of 'your work'^ out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for oprincipal aaopart ofthe same project. With respect to Paragraph 1.b. nbuve, m person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises mrfaciPdea ends. � � With respects to Paragraph I.c. obove, this insurance does not apply to any "occurrence" which takes place after the equipment nynba| or |aeao agreement has expired or you have returned such equipment to the lessor. n The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "budiiy irju?/` or "property damege''. We have no duty to defend an additional insured under this endorsement until we receive written notice of "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense. Claim Or Suit under Section |V -Ci | pral Liability Condi- tions. �D 2D13Liberty Mutual |nounmnoo CG 88 10 04 13 Includes copyrighted material o[Insurance, Services Office, |mc,with its permission, Page 4ofD 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to.. a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs, c. ""Bodily injury", "property damage" or "personal and advertising Injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, ernployrnent, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after-, (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project, e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance, If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns, H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as foliow& a. The following is added to Paragraph a. Primary Insurance: If an additional insureds policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additionk*.insured coverage on a primary and noncontributory basis, this policy shall be primary and we4 id i t seek contribution from A 1; 4 U additional fizue s policy v, damages we cover. �A e 000" r- 2013 Liberty Mutual Insurance ce CG 88 10 04 13 Includes copyrighted material of Insurance Services Offi , Inc., with fission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and nor -contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. cl. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. Thesp,,Amits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN! INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYA e) Paragraph 2.a.(I) of Section 11 -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members, (if you are a partnership or joint ve' ure), to9lo r members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above-, or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (bi) above do not apply to ""bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and C) 2013Uberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 0, of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful Pntent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable Insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section 11 -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. 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 or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee"' of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section 11 - Who Is An Insured or a person who has been designated by them to receive reports of l"occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or '"employee"'. N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3, is replaced by the following; 1 "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from h physical Injury, sick- ness or disease.I", ,,4e6 CA as 0 ,otr., '0 10 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission,. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. 0 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" re- fer to the Named insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the, Declarations designate the only ".autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols —Syrnbol_ Description Of Covered Auto Designation Symbols I Any "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any'"trailers"" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private passen- Passenger ger "autos" you acquire ownership of after the policy begins. "Autos" Onl y 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Li - Other Than Pri- ability Coverage any "trailers" you don't own while attached to power units you vate Passenger own), This includes those "autos" not of the private passenger type you acquire "Autos" Only ownership of after the policy begins. 5 Owned "Autos" Only those "autos" you own that are required to have No -Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those "autos" you Fault acquire ownership of after the policy begins provided they are required to have No - Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage. This includes those "'autos" you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re - I ists Law quirement. 7 Specifically De- Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" miurn charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their I households. 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in con - "Autos" Only nection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your per- sonal affairs. I , Oro J��01 Page I of 12 CA 00 01 03 06 0 ISO Properties, Inc., 2005 19 Mobile Equip- ment Subject To Compulsory Or Financial Re- sponsibility Or Other Motor Ve- hicle Insurance Law Only Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declara- tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- age only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; and b. You tell us within 30 days after you acquire it that you want us to cover it for that cover- age, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". SECTION 11— LIABILITY COVERAGE A. Coverage We will pay all sums an "'insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent" and resulting from the ownership, mainte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to which this 'insurance applies that is caused by the same "'accident"'. We have the right and duty to defend any "in- sured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured 3. Any "auto" you do not own while used with the The following are "insureds": permission of its owner as a temporary substi- a. You for any covered "auto". tute for a covered "auto" you own that is out of service because of its: b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- a. Breakdown; row except: b. Repair-, (1) The owner or anyone else from whom c. Servicing-, you hire or borrow a covered "auto". d. "Loss"; or This exception does not apply if the e. Destruction, covered "auto" is a "trailer" connected to N a covered "auto" you own. F,e\l 35 Page 2 of 12 CA 00 0103 06 0 ISO Properties, Inc., 2005 (2) "auto" is owned by that'empH ee'oramember of his or her household. (3) Someone using a oowsnad "auto": while he or she is working in a business of selling, servicing, repoiring, purk�mg or storing "autos" unless that bmuinaoa is yours. (4) Anyone other than your '^emp|uyeeu''. partners (if you are a partnership), mennban* (if you are a limited liability company), or a lessee or borrower or any of their "ermp|oyeem°, vvhi|* moving property tomrfrom acovered ^aut1' (6) A partner (if you are a partnership), ora member (if you are a limited liability company) for a covered "auto' owned by him or, her or a member of his or her household. u. Anyone liable for the conduct of an ''im- sumad''described above but only tothe ex- tent ofthat |iabi|ity� 2. Coverage Extensions a. Supplementary Payments Wewill pay for the ''imsured^� (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (in- cluding n-cldin bonds for related traffic law vio- lations) required because of an "'acci- fur- nish these bonds, (3) The, cost of bonds to release attach- ments inany ''suit'aga�nmtthe "inmum»d° we defend, but only for bond amounts within our Limit ofInsurance. (4) All reasonable expenses incurred bythe "insured"atour request, including actual ioeu of earnings up to $250 e day be- cause of time off from work. m+cauaeoftimeofffnomvvork. (5) AU costs taxed against the "insured" in any "suit" against the °inuured"vve de- fend. All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the ^'in- aured''wadefend, but our duty to pay in- terest ends when we have peid, offered to pay or deposited in court the part of =�.»^"w"=� "=° � === ""' `'""^~^ ~BodQy/�u�"to: insurance. , ~~�u-- — '— —''—'-- — -- "insured" arising out These payments will not reduce the Li i - ofand inthe course of: Insurance. k mp|oymentbythe ^insured^;nr Page 3 of 12 b. Out -Of -State Coverage Extensions While a covered ^oubz is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory financial re- sponsibility |avv of the joriu6/tion where the covered "auto" is being used. This extension does not apply to the limit or limits epocfied by any �aw governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required ofout-of-atotevehicles by the jurisdiction where the covered "aubz" imbeing used. We will not pay anyone more than once for the same elements of Umas because of these extensions. B. Exclusions This insurance does not apply boany ofthe foUow' imQ� 1. Expected Or Intended Injury "Bodily i "property damage" expected o/ intended from the standpoint of the "in - 2. Contractual Liability assumed under any contract oraQree- ment. But this exclusion does not apply to UebUhy for damages: m. Assumed in a contract oragreement that is an "insured contract" provided the "bodily in]ury^ ur"property damage" occurs subse- quent to the execution of the contract or agreement-, or b. That the "insured" would have in the ab- sence ofthe contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the ^insured's" insurer may be held liable under any workers' onmpemumtimn, disability benefits or unemployment compensation law or any similar law. 4. Employee Indemnification And Employer's Liability CA 00U1 03 06 0|SC> Properties, Inc., 2005 (8) Performing the duties related tothe con- duct ofthe "bnsumad's" business; or b. The spouse, child, parent, brother or sister or that "employee" as a consequence of Paragraph e.above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) Toany obligation hoshare damages with or repay someone else who nnued pay dmrnm8en because of the injury. But this exclusion does not apply to "bodily in- jury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, adomestic "empUoyee,' is person en- gaged in household or domestic work per- formed phnoipa||y in connection with a msai- denoepnamiees. 5. Fellow Employee "Bodily i any fellow "employee" of the "immured°arising out mfand inthe course ofthe fellow "employee's" employment or while per- forming duties related to the conduct ofyour business. 8. Care, Custody OYControl "Property or expense" involving property owned or trans- ported by the "insured" or in the "insured's" care, custody or control. But this exclusion, does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling pf9n)9edy� a- Before itiamoved from the place where it[s accepted by the "insured" for movement �mbo or onto the covered ',auto"; or b. After it is moved from the covered "auto" to the place where itiafinally delivered by the "insured". 8. Movement OfProperty By Mechanical Device "Bodily injury^ or "property damage" resulting from the movement ofproperty mechani- cal device (other than a hand truck) unless the device is attached to the covered "auto". 0.6 "Bodily hnjuryrmr"property dmmmge"arisinQout ofthe operation of: a. Any equipment listed in Pecsgnspha &b. and G.c. of the definition of "mobile equip- ment"; or b. Machinery or equipmentthatismn.attached to, orpart of, mland vehicle that would qual- ify under the definition of °rmmbiUa equip - t' if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or"property damage" arising out of your work after that work has been com- pleted orabandoned. In this exo|usimn, your work means: a. Work or operations performed by you or on your beha|f|and b. yWateria|s, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representa- tions made at any time with respect to the fit- ness, qua|ity, durability or performance of any of the it*rno included in Paragraph a. or b. above. Your work will be deemed completed at the eadieatmfthe following timem� (1) When all ofthe work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed ifyour contract calls for work atmore than one site. (3) When that part of the work done ata job s�te has been put to its intended use by any person or organization other than another contractor or subcontractor working onthe same project. Work that may need semioe, nmainh:nance, cor- rection, opreotion. repair or nsplacement, but which is uth- emwisecmnmp|ete. will be treated as completed. damage"11., Pollution "Bodily injury" or "property of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants": a. That are, or that are contained in any prop- erty NN � (1) Being transported or towed or handled for movement from, the covered "auto"; CA 01001 03 06 Q|SO Properties, Inc., 2005 by, handled. into, onto or Page 4 of 12 (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being mtored, disposed of, treated or processed in or upon the covered b. Before the "pollutants" or any property i which the "pollutants" are contained are moved from the place where they one ac- cepted by the "insured" for movement into mronto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered ^'euto''tothe place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a.above does not apply tofuels, lu- bricants, f|uids, exhaust gases orother eimUmr "Pollutants" that are needed for or nesuXt from the norma[ e|ectrioa|, hydraulic or mechanical functioning ofthe covered "mubo''nrits parts, if: (1) The ^po0uteoto°escape, eeep, moignate, or are discharged, cl�spersed or re- leased directly from an ,'autq" pert de- signed by its manufacturer to ho|d, store, receive or dispose of such "pol- lutants"' and (2) The "bodily injury". "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed inParagraphs 6.b. and 8.c. of the definition of "mobile equipnnent^ Paragraphs b. and o. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "in- sured" with m*mpom± to "pollutants" not in or upon acovered "awto°if: (1) The "pollutants" or any property in which the "pol|utants"are contained are upset, overturned or damaged as a result of the maintenance or use of a oomanad "auto"; and (2) The dimohar0e, dispersal, seepage, mi- gration, release orescape ofthe "puUwt- ante" is caused directly by such upmet, overturn ordamage. 12. War "Bodily injury~ or "'Property damage" arising di- rectly or indirectly out of: ireotlyorindinacUyuutof a. War, including undeclared urcivil war� c. |naurnantion, rebeUion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any ofthese. 11 Racing Covered ~autos^whQe used in any professional or organized racing or demolition contest or stunting ecbvity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such acontest o/activity. C. Limit OfInsurance Regardless of the number cf covered "eutms"."in- sumads^, premiums paid, claims made or vehicles involved in the ~aozidenf', the most we will pay for the total of all damages and "covered pollution cost or expense" cumbinmd, resulting from any one '^auoident"imthe Limit pfInsurance for Liability Coverage shown inthe Declarations. All "bodily in]ury". "property damage" and "covered pollution cost orexpense" resulting from continu- ous or repeated exposure to substantially the menne conditions will be considered as resulting from one "aoohdemt' No one will be entitled to receive duplicate pay - menta for the same elements of "loss" under this Coverage Form and any Medical PsymentsCmv- mraQe Emdproerment, Uninsured Motorists Cover- age mvepege Endorsement or Underinsured Motorists Cov- erage Endorsement attached to this Coverage Part. SECT!ONU|— PHYSICAL DAMAGE COVERAGE A. CnvenuQo 1. We will pay for °|osa^ to e covered "auto" or its equipment under: e. Comprehensive Coverage From any cause except, (1) The covered "auto's" collision with un- otherobjeot� or (2) The covered ~muto'm''overturn. b. Specified Causes Of Loss Coverage Caused by-. (1) Fra.lightning orexplosion� (2) Theft; (3) Windstorm, hail orearthquake; (4) Flood; (5) Mischief or vandalism; or lb. Warlike action byemilitary force, including -(6)The sinklng, burning,collision orderail- action in hindering or defending against an ment of any conveyance transporting actual or expected attouk, by any go the covered''auto" meot' sovereign or other authority 21 Page 5of12 military personnel orother agents; 00.0 CA00O1 03UG Q|SC) Properties, Inc., 2005 c. Collision Coverage Caused by: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Decla- rations for towing and labor costs incurred each time a covered "auto" of the private pas- senger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects, Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage-, b. "Loss" caused by hitting a bird or animal-, and c. "Loss" caused by failing objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" colli- sion or overturn considered a "loss" under Col- lision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maxi- mum of $600 for temporary transportation expense incurred by you because of the to- tal theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage, We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expi- ration, when the covered "auto" is returned to use or we pay for its °"loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any ex- penses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or result- ing from any of the following. Such "loss" is ex- cluded regardless of any other cause or event that contributes concurrently or in any se- quence to the "'loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion -, or (2) Nuclear reaction or radiation, or radioac- tve contamination, however caused. b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign or other au- thority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by gov- ernmental authority in hindering or de- fending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being pre- pared for such a contest or activity, 3. We will not pay for "loss" caused by or result- ing from any of the following unless caused by other "loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. (1) Other than collision only if the Declara- 4. We will not pay for "loss" to any of the follow - bons indicate that Comprehensive Cov- ing: erage is provided for any coveredX why a. Tapes, records, discs or other similar audio, "auto"; VIvi - \eNed visual or data electronic devices designed use with audio, visual or data electronic equipment. G\�e Page 6 of 12 IA1 CA 00 01 03 06, 0 ISO Properties, Inc., 2005 b. Any device designed or used to detect speed measuring equipment such as radar orlaser detectors and any jamming appara- tus intended to elude or disrupt speed measurement equipment. c. Any electronic equipment, without regard to whether this equipment is permanently in- ato||ed, that receives or transmits audio, visual or data signals and that is not de- signed mo|eVyfor the reproduction ofsound. d. Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 4.c. and 4.d. do not apply to: a. Equipment designed solely for the repro- duction of sound and eduodomofeoundand accessories used with such aquipmoant, provided such equipment is permanently installed in the covered ^auto" at the time of the '1wms" or such equipment is removable fromahousing un[t which is permanently installed in the cov- ered "auto" at the time of the ^loss'`, and such equipment is designed to be au|e|y operated by use of the power from the ''auto's~ electrical oyatern, in or upon the covered ',auko°;or b.Any other electronic equipment that is: (1) Necessary for the monno| operation of the covered ''auto" or the monitoring of the oowanaM ^outo^s" operating system'. or (2) Anintegral part ofthe same unit housing any mound reproducing equipment de- achbed in Paragraph a.above and per- manently eprnanently installed in the opening of the dash or console of the covered ^oubi' normally used by the manufacturer for installation of radio. 6. We will not pay for "loss" to e covered "auto" due to "diminution in value". C.Limit, OfInsurance 1.The most wewill pay for ^lose"bnany one "ac- cidenf'iatheleeeerof 3. If repair or replacement results in better than like kind or quality, we vviH not pay for the amount ofthe betterment, For each covered "auto", our obligation to pay for, repair, return orreplace damaged or stolen prop- ertyvviK| be reduced by the applicabie deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to'"|oom"caused byfire orlightning. SECTION |V—BUSINESS AUTO CONDITIONS The fu||mvvimg conditions apply in addition to the Common Policy Conditions: A. Loss Conditions I. Appraisal For Physical Damage Loss |fyou and vvedisagree onthe amount of"\nes'. either may demand on appraisal of the "|oae^ |nthis event, each party will select ocompetent appraiser. The two appraisers will select a competent and impartial umpire, The apprais- ers will state separately the actual cash value and amount of ^|oau^ If they faN to egneo, they will submit their differences to the umpire. A decision agreed to byany two will be binding. Each party wffl� a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally, If we submit to an appraisal, we will still retain our right todeny the claim. 2. Duties lnThe Event C)fAccident, Claim, Suit Or Loss We have no duty to provide coverage under this policy um|eem there has been full oomnp|i- ancevvith the following duties: a. In the event of "accident", claim, "suit"' or "|oam", you must give uaorour authorized representative prompt notice of the "acci- dent" or "loss". Include, onoi'dent'or"lose".|no|ude, (1) How, when and where the "a#cidenf' or "loss" occurred; � a. The actual(2) The 1nuured�"name and addresa' and actual o�m� value of the damaged or stolen property as of the time of the "loss"'; (3) To the extent pmssib|e, the names and or addresses of any injured persons and b. The cost mfrepairing or replacing the dam- . aged or stolen property with other property bi. AddihnneUy, you and any other involved oflike kind and quality. "inoured'`must: 2. An adjustment for depreciation and physical (f) Assume no obligmtiom, make no pay - condition m/8| be made in d*tmrmin�ng ectua| nne,nt or incur no expense without our cash value [nthe event ofetotal "lnss".**J^, oonaent. except et the "imaunad's" own —��W/ cost. ` � Page 7mf12 NO VIO C/\O0$1 03 06 |k�Propmrtiem, Inc., 2005 (2) Immediately send oe copies of any re- quest, demand, order, notioe, summons or legal paper received concerning the claim or "suit', CQ Cooperate with us in the investigation or settlement of the c|a�mn or defense against the "nuit' (4) Authorize us to obtain medical records or other pertinent information. (6) Submit to examination, at our expense, by physicians ofour choice, as often as we naummnmb|y require. If there is "loss" to a covered "auto" or its equ�pmentyou must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment iastolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep arecord ofyour expenses for consideration in the settlement of the claim. (3) Permit msto inspect the covered "mwho' and records proving the '1ona" before its repair ordisposition. (4) Agree tnexaminations under oath mtOur request and give mo omi8ned statement ofyour answers. 3. Legal Action: Against Us Nuone may bring alegal action against msun- der this Coverage Form until: a. There has been full compliance with aOthe terms cfthis Coverage Form�and b. Under Liability Coverage, we agree in writ- ing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined byjudgment af- ter trial, No one has the right under this pol- icy to bring um into an motion to determine the "insured's" liability. 4. LoomPmyment—P Damage Coverages 4dour option wamay: m. Pay for, repair nrreplace damaged mrsto- len pn»perty; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c.Take all orany part of the damaged or sto len property at an agreed or appraised value. If we pay for the "|oan°, our payment will in- o|udethe applicable sales tax for the damaged or stolen property. 5. Transfer OfRights OfRecovery Against Others TqUs |fany person ororganization tomrfor whom m/e make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person oror- ganization must do everything necessary to secure our rights and must do nothing after ^'aocdent`or"|omu°toimpair them. B. General Conditions 1. Bankruptcy Bankruptcy or imacdwmn of the "insured" or the "inaumed's' estate will not relieve usofany obligations under this Coverage Form. 3. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any ooae of fraud by you at any firme as it ne|mbms to this Coverage Form, it is also v6d if you or any other ^'ineured",, at any time, intentionally omm- oea| or misrepresent e material fact concern- ing: e. This Coverage Form; b. The covered ''euto^; c. Your interest in the covered ~emto"; or d. AcJaim under this Coverage Form. 3. Liberalization lf we rev�se this Coverage Form to provide more coverage without additional premium charge, your policy will automatically pro,vide revi- sion i*effective inyour state. 4. NoBemefitToBmOee—Phymica|Dannage Coverages We will not recognize any aes�Qnmemtorgrant any rmvnnaQe for the benefit of any person or organization ho|ding, storing or transporting property for mfee regardless ufany other pro- vision of this Coverage Form. e6 - \��` \ Page 8 of 12 CA 00 01 03 06 @ ISO Properties, Inc., 2005 5. OtherInsurance o. For any covered "aubo you own, this Cov- erage Form prov�deu primary insurance. For any covered "auto" you don't own, the insurance provided bythis Coverage Form is ex000m over any other collectible insur- ance. However, while a covered "auto" which is m "trailer"' is connected to another weMio|e. the Liability Coverage this Cover- age Form provides for the "trailer" is: owy+ageFVrmnprovideafo/the''troder^is: (1) Excess while itis connected toe motor vehicle you do not own. (2) Primary m/hiU* it is connected to a cov- ered ,'autu"you own. b. For Hhpad Auto Phya�ca| Damage Coverage, ,any covered "auto''you lease, hire, rent or borrow is deemed no be a covered '"auto' you ow/n. However' any "auto" that is leased, h|red, rented or borrowed with e driver ienot acovered °autm" c. Regardless of the provisions of Paragraph m. above, this Coverage Form's UabHty Coverage is primary for any liability as- sumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same bosis, either excess or primary, we will pay only our shone. Our share is the proportion that the Limit of |oemnanoe of our Coverage Form bears bothe total nfthe lim- its of all the Coverage Forms and policies covering nnthe same basis, 6- Premium Audit a. The estimated premium for this Coverage Form isbased mnthe exposures you told ua you would have when this policy began. VVe will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the bal- ance, if any. The due date for the final pre- mnWrn or retrospective premium is the date shown esthe due date onthe bill. |fthe es- timated total premium exceeds the final premium due. the first Named Insured will get erefund. 7. Policy Period, Coverage Territory Under this Coverage Fonn, we cover "acci- dents" and "losses" occurring: aooi-demts~end'1osaes^oocuning: a. During the policy period shown; inthe Dec- larations; and b. Within the coverage henitmr . The coverage territory is: a. The United States ofAnmehoa' . b. The territories and possessions of the United States mfAmerica: c. Puerto Rico; d. Canada -,and e. Anywhere in the world if: (1) A covered "auto" of the private bor- rowed without adriver for a period mf3O days or�nsa;and (2) The ''ineunad's" responsibility to pay damages isdetermined ina~auit'onthe merita, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree tol We also uover"Umaa" to. or "aocdents' inmdv- ing, a covered "auto" while being transported between any ofthese places. R. Two 0rMore Coverage Forms OrPolicies Issued ByUs |fthis Coverage Form and any other Coverage Form mrpolicy issued hnyou byuaorany com- pany affiliated with weapply tnthe same "acci- dent', the aggregate max�mum Limit ofInsur- ance underm�|the Coverage Forms orpolicies shall not exceed the highest applicable Limit of |newnsnoe under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by uaoranaf- filiated oompmnyepecifica||ytoaPp|ymsemmase insurance over this Coverage Form, SECTION V~DEFINITIONS A. "Accident" includes continuous expo- sure tmthe same conditions resulting in "bodily injury" or "property damage". - b. If this policy is issued for more than one B. "Auto" means: year, the premium for this 1.Aland motor vehicle, "brai|er'orsemitraQerde- will be computed annually based on our signed for travel mmpublic momdm�or rates or premiums in effect at the beginning �� ofeach year o{the policy, `~��= Vle� Page 9of12 CA 00 01 03 06 0 ISO Properties, Inc., 2005 2. Any otherland vehicle that is subject to a oon+ pu8sory or financial responsibility law or other motor vehicle insurance law where it is |i- oonsedorphncipeUygamaged. However, "outo'does not incdude"mobile equip- nmenr. C. "Bodily injury" means bodily imjury, sickness or disease sustained byeperson including death re- sulting from any ofthese. D. "Covered pollution cost or expense" means any cost orexpense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any '^insored" or others test for, mmni$nr, clean up, remove, con- tain, treat, detoxify or nemtma|ize, or in any way respond to, or assess the effects of ''poUut- ants'� or 1 Any claim or "suit" by or on behalf of a Qmv- ernnmenba8 authority for damages because of testing for, monitoring, cleaning up, nsmcming, containing, tnee±ing, detoxifying or neutms|izing, or in any way responding to or assessing the effects of"poUutmnte" "Covered pollution cost or expense" does notin- clude any cost or expense arising out of the, ao- tua|, alleged or threatened discharge, dispersal, meepage, migratimn, re,|eaae or escape of"po|M- amts'': a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, hand|ed, or handled for movement into, onto or from the covered ,'auto`^ . (2) Otherwise in the course of transit by or onbehalf cfthe "inouned"; (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into mronto the covered °amtc. "auto"; or c. After the "pollutants"' or any property in mmxon the "pollutants" are uonnammo are moved from the covered "auto°bothe p|eum where they are finally delivered, disposed mf or abandoned by the "insured". Paragraph a.above does not apply tofuels, |u- bhcants, Ouide, exhaust gases or other similar ]aoUubants" that are needed for or result from the normal e|eotr�oa�, hydraulic or mechanical functioning ofthe covered °uuto°orits parts, if: (1) The "pollutants" esompe, seep, rniQrmbe' or are discharged, dispersed or re- leased directly from an "auto" part de- signed by its mamufeotupar to hold,, store, receive or dispose of such "pol- lutants"; and (2) The "bodily injury'^. "property damage" or "covered po8uUon cost or expense" does not arise out of the operation of any equipment listed in Paragraph G.b. or 6.c. of the definition of "mobile equip- ment". Paragraphs b. and c. above do not apply to ^accidents" that occur away from premises owned byorrented toan°inamred'^with respect to "pollutants" not in or upon a covered "auto" if: (i) The ~pd|ubants"orany property imwhich the ''po||ubents" are contained are wpset, overturned or damaged as a nmau|t of the maintenance or use of a covered "auto"; and (2) The diaoMurge, diapenaaU, seepage, mi- gration, release orescape cfthe "poUut- mnta" in caused directly by such upset, overturn ordamage. E. "Diminution in va|ue° means the actual or per- ceived loss in marketma�ue or resale value which results from a 6nacdamd accidental "loss". F. "Employee" includes a "leased worker". "Em- ployee"does not include a~temlporaryworker' G. '1nmured°means any organization qma|i- hy�ng as an insured in the Who Is An |mmwnmd pro- vision of the applicable coverage. Except with re- spect to e-epeotto the Limit ofInsurance, the coverage af- forded applies separately to each insured who is seeking coverage or against whom o claim or "auit`isbrought. H. "Insured contract" means: 1. Alease ofpremises; 2. Asidetrack egmeememt� 3. Any easement orlicense agneemant, except in connection with construction or demolition op- erations qmorwithin 5Ofeet ofmrailroad; . ��. �\�/»`� .- ~»Y.= CA 00 01 03 06 0 ISO Properties, Inc., 2005 Page 10 of 12 CA 00 01 03 06 0 ISO Properties, Inc., 2005 17, RCS All 4. An obligation, as required by ordinance,toin- demnify amum/cipality, except mconnection with work for amunicipality; 5. That partcfany other contract oragreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability ofanother to pay for "bodily injmry" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by ]am in the absence ofany contract uragruememt�, 6. That part cfany contract oragreement entered into, as part ofyour business, pertaining to, 'the rental or |eame, by you or any of your "employ- ees", of any "auto". However, such contract or agreement shall not be considered an ^inmmnsd contract' to the extent that hobligates you or any of your "employees" to pay for "property damage" toany ''au1u"rented urleased byyou orany ofyour ''enopYoyeea" An"insured contract" does not include that part of any contract or agreement: o. That indemnifies m railroad for "bodily in- jury~ or "property damage" arising out of construction ordemolition operations, within 50 feet of any railroad property and affect- ing any railroad bridge or tneat|e, tnacka, roadbeds, tunnel, underpass orcrossing; or lb. That pertains to the loan, lease or mymta| of an ^auto" to you or any of your 'emp|oy- ees'', if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization em - gaged in the business of transporting prop- erty by''autn"for hire harmless for your use of covered ^outo" over a route or territory that person or organization is authorized to serve bypublic authority. L "Leased worker" means eperson leased boyou by a labor leasing firm under an agreement between you and the labor leasing firm, toperform duties na|mhad to the conduct of your business. "Leased worker' does not include a"temporary worker' J. "Loss"' means direct and accidental loss or dam- age. K. "Mobile equipment' means any of the fo||ovv�mQ types ofland vehicles, including any attached ma- chinery ormqmipment� 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public 3. Vehicles that travel on crawler treads; 4~ Vehkdee, whether self - or not, main- tained primarily to provide mobility to penna- nentlymoumtad: a. Power cranes, shmve8s. |nadere, diggers or drills; or b. Road construction urresurfacing equipment such msgraders, scrapers orrollers. 6. Vehicles not desohbedin Paragraph 1 2 3 or 4. above that are not self-propelled and are maintained primarily to provide mobility to per- manently attached equipment ofthe following types: a. Air numpnaeaons, pumps and Qenenetoca, including aprayinQ, vveFding, building o|ean- ing, geophysical exploration, lighting and well servicing equipmemt� or b. Cherry pickers and similar devices used to raise orlower workers. 6. Vehicies, notdeacribed in Paragraph 1 2 3 or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": a. Equipment designed primarily for (1) Snow removal; (2) Road maintenance, but not construction orresurfacing; pr (%) Street cleaning I b� Cherry pickers and similar devices mounted on automobile or truck dnaomie and used to raise orlower workers; and c. Air oompnsssonm, pumps and generators, including spraying, welding, building mmam- img,geophysical exploration, lighting orwell aenvicinQequ�pmemL However. "mobile equipment" does not include ]end vehicles that are subject to a compulsory or financial responsibility |mm or other motor vehicle insurance law vvhemm it is licensed or principally garaged. Land vehicles subject toecompulsory or financial responsibility |avv or other motor vehicle insurance law are considered "autos". L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or mmntmminmnt, including oke. vopmr, moot, fumem, aoids, a|ka|ie, chemicals and waste. Waste includes materials to be recycled, reconditioned mrreclaimed. 2. Vehicles maintained for use solely o M. "Propertymeans damage to or loss of premises you own mrrent; use of tangible property. Page 11of12 C/4 00 01 03 06 (D IS11 Prope N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "prop- erty damage"; or 2. A "covered pollution cost or expense", to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered poilution costs or ex- penses" are c4med and to which the "in- sured" must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages or "cov- ered pollution costs or expenses" are claimed and to which the insured submits with our consent. 0. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. P. "Trailer" includes semitrailer. VP C V?1GU CA 00 01 03 06 Q ISO Properties, Inc,, 2005 Page 12 of 12 , `" CERTIFICATE OF LIABILITY INSURANCE I��TE(M�"DDIY��; .... �/��/�016 THIS CERTIFICATE IS VSSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the Policy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements) PRODUCER r•nxirnn Insurance Solutions License #0746539 33302 V411e Rd, Suite 200 San Juan Capistrano ggCA 92675 INSURED Professional Sports Field Maintenance Inc 23 Emerald Gln T Robin Holloway (949)348-7400 FAX tl_.. - IXNC..Nai, (449).30.8-2373 i:RobinH@ins-solutions.com INsURERIS AFFORDING COVERAGE NAEC k _ asual B�lomericaCFinancial�Benefit company 24074 _ _ _ � .._�. � 41940 ra can Fare and CaualtComlaanr 24066 D : tate Cmmn Tn c 1:"w.rnA a .. �.. J-91ina Niguel_.............-.. _ 'CA 92677 .. .—...�-.._ INSURER F ; COVERAGES CERTIFICATE NUMBER:16-17 BA & f"TC renewal REVISION, NUMBER: � �A,, 'Qvv nriVt tsttly IbZ5uI=U IU CHL INSURED NAMED ABOVE FOR THE POLICY PERIOD IPIDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICAEE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSV .... -... -_.._. ..—., _. LTR TYPE OF INSURANCE --... Ak7DLSUi3R— _.._ ... ,.... - PbIICYEEF PL1LI'CYEXP ......._...�..._ ,... ._..--"'...,...— ._...._.....,.__.-__... IN MMlUDFYYYY MOLI'DYEX ' :� COMMERCIAL GENERAL. LIABILITY D POLICY NUMBER #yy LIMITS EACHOGCURRENCE S.. 1,000,000 A j CLAIMS -MAD- AMAGE TO ENTFO — _ .. � �X OCCUR i 1 PD RE MdSE5f_ocEunence_ E 500,000 BKO57465702 10/1/2015 10/1/2016 MED EXP (Any ©ne perscsny 15,000 PERSONAL & ADV INJURYF g 1 000, 000... p_.m m._ .... .. . GEh7`LAGGRLGATELIhd�ITAPfLpeSPER . GENERAL.AGGREGAT-E pS 2,.000,000... POLICY ,_.� RECJEC - J LONG - PRODUCTS' - COMPlfJPAaC $ 2,000,000 �. __ _.. AUTOMOBILE LIABILITY � ANY aIJ7G COMBINc.D SINGLE 1 IMIT I =a accoder 5 1,000,000 � _.. �� B -- ALj.OWNED '�_. .. 4 aCNiE'OLILED BODILY INJURY (Per person) $ -_.- ... AUTOSAUTOS Aw3A377777 N(7N-0'Wt'NED E3f26/2016 � 8/26/'2017 BODILY INJURY (Per accident) $ H I'RPU AUTOS AUTOS Pera ,.f�dernk I X. UMBRELLALIAB Y Uninsufed rraoltrrjst cnrnhinerl $ 3 00,000 '... _...,.- OCCUR C LIAR 11 EACH t7CCURRENC♦=• S ._-� 000, 000 _. .._ ._ �. .—.._.._.-.-...,..� LAIPASMADE, 1 - ... Y AGGRCGATE .._.-$ 2,000,0 r.... ,. DFD RETEI"lTION $ ESA�57465702 1 _ _ 10/1,/'2015 1 10/1/2016 I WORKERS HERS COMPENSATION AND EMPLOYERS LIABILITY YIN .ANY PR(}PR9c7tD,RfPAR7NERJc.CECUTIVC S PER OTH STATUTE FR .._.. D OFFtCeRIMEMRER 'XCLUDED� i _ .�:. N iA (Mandatory In E L. EACH ACCIDENT g , 000, 000 ..w_ .....� -, .. .__-._.._.. and 16204176-.2016 j If yes das<;nbe under 2/26/261.6 2/26/2017 I ....._ E L. P3dSEASE EA 1 000 000 �0ESCRIP7Iph1 OF OPERATIONS ne9ow' ' I E.L.OISIGASE-POLICYLIIMIT 5 1 000 000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES 4ACORO 101, Additional Remarks Schedule, may be attached if more space is required) The City of Santa Ana, it's officers, employees, agents, insured per the attached endorsement. and representative are i. ed as additio q y � CFPTIr1(-ATI=` lurvr ncc7 ... (7141) 647-69'}4 City of Santa Ana Attn: Purchasing Department: 20 Civic Center .Plaza. Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE v -�vrw,�ati. ACORD 25 (2014/01) The ACORD name and logo are registered marks of AC ZDvrcu lilltCYlitW I IIdN. All rlgflts reserved, I NS025 f?w am f COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION' This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUBJECT NON -OWNED AIRCRAFT NON -OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY - ELEVATORS PAGE 2 F I± EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 6 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 N KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED '\e 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU (�? 2013 Liberty Mutual Insurance CG 88 10 04 13 lnciudes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any ansured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and R (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion J. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 11. Under Paragraph 2, Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the fbIlow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other t 'damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection qy o: (I) Premises rented to you for a period of 7 or fewer consecutive days; or (II) Contents that you rent or lease as part of a premises rental or lease1 r e eof Ti, more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property d wet$ Of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. (9� 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission, Page 2 of 8 lb. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6, under Section III - Limits Of Insurance is replaced by the folllowing: 6. Subject to Paragraph 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: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems, or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permussion of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". A If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and I;�_WAAQ&1141N, k&W4140:11 111.] 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the foflowing: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies, We do not have to furnish these bonds. 2. Paragraph 1.d, is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2, under Section 11 - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "'property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behq a performanc , , t�l! , of your on going operations for the additional insured that are the sub'sVe ritt nj, do or 11 8 J I i . I r " "per- sonal agreement provided that the "bodily injury" or property Wage" r " C, e per- sonal and advertising injury" is committed, subsequent to the signing of qh� '68htract or written agreement; or 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises mfacilities rented by you or used byyou; m x. The mmintemmnoe, mporaMnm or use by you of equipment rented or leased to you by such person or organization; or d. OponsUunm performed by you or on your behalf for which the state or political subdivision has issued upermit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury". "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; ----- (l) This insurance does not apply to "bodily injury" or "property damage" included within the -oomp|eted operations hazard". (3) |maumnoo applies to premises you mwn, rmnt, or control but only with respect tothe following hazards: ----- (a) The ex|pt*npe, mm|ntenmnce, nepmir, oanotruotimn, orentiom, or removal of advertising g eiQnm, avvningo, oanopiem, cellar enbancaa, coal hu|ea, driveways, n`anhm|es, marquees, hoist away openings, sidewalk vaults, street bmnners, or decorations and v|m||mr expo- . mureo� or ----- (b) The ronotrurtion, nrmction, or n*mcwe| of elevators-, or � (c) The ownership, maintenanoe, oruse ofany elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law-, and 2. If coverage provided to the additional insured is required by a contract or agnmement, the immur- mnceefondod to such additional insured will not be broader than that vvhhuh you are required by R the contract or agreement to provide for such additional insured. With respect to Paragraph 1.e. above, a poramn`a or organization's status as an additional insured under this endorsement ends when: (1) All wudu, including mmiedu|a, parts or equipment furnished in connection Mh such mork, on the project (other than eervine, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the omvmn+d operations has been completed; or (2) That portion of "your work" out of vvh|rh the injury or damage ehomm has been put to its intended use by any person or organization other than another contractor or amboon\nadnr engaged in performing operations for m principal as ped of the same project. With respect to Paragraph 1.b. abowe, o person's or organization's status as on additional insured under this endorsement ends when, their written contract or written agreement with you for such premises or facilities ends. � � With respects to PmnmQnmph 1.o. ohove, this insurance does not apply toany "occurvenoo^ which takes place after the equipment vmntm| or lease agreement has expired or you have returned such equipment to the lessor. � The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury"' or "property damage". We have no duty to defend an additional insured under this ondwmonmrd until we receive written notice ofm"smit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section }V -Commemn|ai General Liability Condi- tions. � 20131-iben Mutual Insurance 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;, or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury"' or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement;, or b. Available under the applicable Limits, of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratic, ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows" a. The following is added to Paragraph a. Primary Insurance: I I If an additional insured's policy has an Other Insurance provision making its. excess, and be have agreed in a written contract or written agreement to provide the add ikem insur d on a primary and noncontributory basis, this policy shall be primary and we T�not se' d from the additional insured's policy for damages we cover. C 20131-lberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When m written contract or written agroom*n, other than e premises lease, tad0has rental contract or ogrewment, an mqu[pnaomt rental or lease contract m/agnaemamt. or permit issued by msiaha orpofi0oa| subdivision between you and an additional insured duaa not require tbia insurance to be primary or primary and non-contributory, this insurance is oxoemm over any other insurance for which the addi- tional insured is designated aueNamed Insured. Regardless of the written agreement between you and an additional |neur*d, this insurance is excess over any other insurance whether primmry, oxresn, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. i ADDITIONAL INSUREDS ' EXTENDED PROTECTION OFYOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. � 1. The following is added to Condition 2. Duties |mThe Event [)fOccurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as, practicable: a. Give written notice of an "occurrence" or an offense that may result in ada|m or ^ou|t^ under � this insurance to us - b. � _---- b Tender the defense and indemnity of any claim or "suit" to all insurers whom also have |noumnoa available tothe additional insured; and c. Agree to make available any other insurance which the additional insured has for a|oea we cover under this Coverage Part. d. We have no duty to defend or indemnify on additional insured under this endorsement om1i| � we receive written nmiiuu ufa^smit' by the additional insured, 2. The limits of insurance applicable to the additional insured are those specified in uwritten contract or written agreement or the limits of insurance as stated in the D*derohona of this policy and defined in Section {0 ' Limits of !momnamoe of this policy, whichever are less. These !imitm are inclusive of and not in addition to the limits of insurance available under this policy. v*4'. J. WHO |SANINSURED -INCIDENTAL CERRORS/ MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES -,t Paragraph 2.a.(1) of Section 11 -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint ventur to bers (if at � employ- ment or performing duties related to the conduct of your busineoy, or to your other ~vo|umi*e/ � workers" vvhi|o performing doUmm related to the conduct of your business; (b) To the xpounq, nhild, parent, brother or sister of that co -"employee" or "volunteer worker" as consequence of Paragraph (1)(a)above; (n) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) ml or (d) Arising out of his or her providing or failing to provide professional health care services. Homevor, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others. or if coverage for providing professional health mana ser- vices epviceu is not otherwise excluded by aepmnsha endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above donot apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in asvpomienry capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. Hoxvever, none of these "omn|o�yoms" are insureds for "bmdilly irjury~ or "personal and � 20131-iuenvMumo| Insurance CG 88 10 04 13 Includes copyrighted material ofInsurance Services Office, |nc,with its permission. Page 6uf8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by theirintoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section 11 -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization, However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization,- and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. 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 or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section 11 -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or ""employee"". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a persort: This includes mental anguish, mental injury, shock, fright or death that results from such i al injury, sick- ness or disease. 2013 Liberty Mutual Insurance 1�1? CG 88 10 04 13 Includes copyrighted materiak of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following.- a. oUmwimg�a. Expected Or Intended Injury "Bodily injury` or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "'property damage" resulting from the use of reasonable force to protect persons or property. Co. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section |V 'CmmmenzKa| General L|ab|U|h/ Conditions, the following is added to Condition 8.Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against opermmn or organization because of payments we make for injury or damage arising out of your ongoing operations or "your vvork" done under m contract with that person or organization and included in the "prod uoteoomp|etod operations hazard" provided: f. You and that person or organization have agreed in wndng in mcontrnnt or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. '9� 2013UuamyMumo|mourwo^e CG 88 10 0413 Includes copyrighted material ofInsurance Services Office, mc,with its permission. Page 0of8 Various provisions in this restrict coverage. Read the entire policy carefullyto determine rights. duties and what iuand ianot covered. Throughout this policy the words "you" and ''your` re- fer tothe Named Insured shown in the Declarations. The words '\ms/'. ^ua" and "our' refer tothe Company providing this inuonynma Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION |— COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the ^owtoa^that may becovered "autos" The symbols entered next to a oomansQe on the Declarations designate the only "autos" that are covered "autos". A. Description OfCowered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols I Any "Auto" 2 Owned "Autos"' Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "'autos" you acquire ownershie of after the 2olicy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private passen- Passenger ger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Li - Other Than Pri- ability Coverage any "trailers" you don't own while attached to power units you vate Passenger own). This includes those "autos" not of the private passenger type you acquire 1 "Autos" Only ownership of after the policy begins. 5 Owned "Autos" Only those "autos" you own that are required to have No -Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those "autos" you Fault acquire ownership of after the policy begins provided they are required to have No - Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garagedare, required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage. This includes those "autos"' you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re - 7' Specifically De- Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" miurn charge is shown (and for LiabiHty Coverage any "trailers" you don't own wlhi�e attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "'auto" Only you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in con - "Autos" Only nection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your per- sonal affairs. I w^�' Page 1 of 12 CA 00 01 03 06 C ISO Properties, Inc., 2005 19 Mobile Equip- Only those "muhza that are land vehicles and that would qualify under the definition mentSubject To of "mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law orother motor vehicle insurance law where they are Financial Re- licensed or principally garaged, sponsibi[ity Or Other Motor Ve- hicle |nmunanoo Law Only B.Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to m ouvmnaQa in Item Two of the Declara- tions, eo|am*tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the e-mainderoftho policy period, 2. But. if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- age only if: a. We already cover all!, "aotna'"that you own for that coverage or it replaces an '`euto" you previously owned that had that cover- age-, and over-age�and b. You tell us within 30 days after you acquire itthat you want ustocover itfor that oover- age. C. Certain Trailers, RAub||e Equipment And 'Temporary Substitute Autos If Liability Coverage is provided by this Coverage Form' the following types of vehicles are also cov- ered "emtmw"for Liability Coverage: 1. "Trailers" with a load capacity uf2`DO0 pounds orless designed primmadyfor travel on public roads. 2. '^&1obNe equipment' while being carried or towed byacovered ''amto' 3. Any "auto" you do not own while used with the permission of its owner as a temporary subst- tute fore covered "auto" you own that is out of service because ofits: m. Breakdown; b. Repair-, c. Servicing; d. "Loss"'; or e. Destruction. CA 00 01 03 06 SECTION U|—LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" |agal�y must pay eedamages because uf"bodily in]uryror"property damage" kowhich this, insurance epp[iom, oeumod byon~aoo|danf'and resulting from the ownership, maintenance mruse ofacovered ''auto' VVevviHalso, pay all sums am''ineuned~legally must pay an e "covered puUution cost or expense" to which this insurance applies, caused bymn "acci- dent' and resulting from the ownership, mainte- nance or use of covered "autos"However, we will nnlly pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused bythe same "aocident". We have the right and duty to defend any ^'im- ewred''against a',suiy'asking for such damages or o "covered pollution cost or expense". However, vvohave mmduty to defend any ''inmurod^against a "suit" seeking damages for "bodily inj ry' or " erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are 1mmuneda^: a. You for any covered "auto". b. Anyone else while permis- sion a covered "auto"' you mmn, hire or bor- rowexcopz: (1) The owner or anyone else from whom you hire or borrow a covered "auto", This exception does not apply if the covered "auto" iea"traHer"connected bu a covered "auto" you own. Page 2ofi2 0ISO Properties, |nc..2OO5 ��^ (2) Your "empoyee"ifthe covered ~euto^ie owned by that "employee" or member ofhis orher household. (3) Someone using a covered "auto" while he or she is vvork�mg in m business of selling, aenicdmQ, repaihng, parking or storing "autos" mn|eao that business is yours. (4) Anyone other than your "employees", partners (if you are e partnership), members (if' you are a limited liability company), or o lessee or borrower or any of their "employees", while moving property goor from acovered ^aubz^ (S) & partner (if you are epmrtnerahip).mre member (if you are a limited liability company) for a covered "auto" owned by him or her ore member of his or her household. c. Anyone liable for the conduct of on "in- sured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments VVewill pay for the ~imemred^': (1) All expenses we incur. (2) Up to $2.000 for cost of bail bonds (in- cluding in'd dim bonds for relatedtroffi law vio- lations) fur- nish these bonds. (%) The cost of bonds to release attach- ments in any "suit' against the "insured" we defend, but only for bond ennoumty within our Limit ofInsurance, (4) All reasonable expenses incurred by the "insured" mtour request, including actual loss of earnings upto$25O a day be- cause oftime off from work. (5) All costs taxed! against the "insured" in any "suit" against the "insured" we de- fend. (6) All interest onthe full amount of any judgment that accrues aftor entry of the judgment in any "suit" against the "in- sumad^wedefend, but our duty pay in- terest ends when wehave paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. CA 00 01 03V6 b. Out-Of-Stat*Coverage Extensions While e covered ~auto" is away from the state where �t is licensed we will: (1) Unomemam the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied i-obiOtyCovenogetomeetthe|imitanpeci- fied by a compulsory or financial re- sponsibility |avx of the jurisdiction where the covered "auto" in being used. This extension does not apply to the limit or limits specified by any |avv governing nnmhzr carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other oovemages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" iabeing used. VVevvN| not pay anyone more than once for the same elements of |oua because of these extensions. B. Exclusions This insurance does not apply h»any ofthe foDmw- ing: 11. Expected (]rIntended Injury "Bodily injuryr or "property damage" expected or intended from the standpoint of the "in - 2. Contractual Liability assumed under any contract oraQnae- But this exclusion does not apply to 0abiUty for damages: a. Assumed in e contract oragreement that is an ''imwupnd contract' provided the "bodily injury" or "property damage" 000mrm subse- quent to the execution of the contract or agreement-, or b. That the ~insonad" would have in the ab- sence, of the contract or agreement, b'semmaofthecontuaotoragmeennenL 3. Workers' Compensation Any obligation for which the ~[usmned^ or the "inaured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. Employee indemnification And Employer's Liability "Bodily irjur/'to: m. An "employee" "insured" arising out of and in the course of: (1) Employment bythe ~insunmd";or V,' Pagm3of13 (2) PerformingUhedutieenalabadtothacom- dwotofthe"imuuredb°buoinaus;or b. The spouse, child, puvant, brother orsister of that "employee" as a consequence of Paragraph m.above. This exclusion applies: (1) Whether the 1noured° may beliable mo an employer or in any other oepooby and (2) Toany obligation toshare damages w[th or repay someone else who must pay damages because ofthe injury. But this exclusion does not apply to "bodily in- jury" to domestic "employees"' not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract'. For the purposes of the Coverage Fornn, o domestic "employee" is person en- gaged in household or domestic work per- formed epformed principally in oommeofion with a nasi- denoepremmioes. S. Fellow Employee "Bodily any fellow "employee" of the ~inmured'arising out ofand inthe course ufthe fellow "employee's" employment or while per- forming np0zrming duties na|obad to the conduct ofyour business. {L Care, Custody OrControl "Property damage" tom"covered pollution cost or expense" involving property owned or trans ported by the "insured" or in the ^inoured's" oare, custody or control. But this exclusion does not apply to liability assumed under o sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage' resulting from the handling ofproperty: m. Before it is moved from the place where it is accepted by the "insured"' for movement into or onto the covered "auto"; or b. After itimmoved from the covered "awto"tm the place where it iefinally delivered by the "insured". 8. Movement QfProperty ByMechanical Device "Bodily injury" or "property damage'^ resulting from the movement ofproperty by mechani- cal device (other than a hand truck) unless, the device �s,attached bothe covered "auto". ^ 9. Operations "Bodily injury" r�ropertydamage" arising out of the operation of a. Any equipment |iebad in Paragraphs 6.b. and 6,c. of the definition of "mobile equip- ment"; quip-menr^ or b. Machinery mrequipment that ison, attached to, orpart of, aland vehicle that would �qual- ify under the definition of "mobile equip- ment" it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property of your work after that mmdk has been com- pleted or abandoned. mn+p|etedorabondoned. |nthis exclusion, your work means: m. Work or operations performed by you or on your behy|f�and b. KHeteria|a, parts orequipment furnished in connection with such work uroperations, Your work includes warranties or representa- tions made at any time with, respect to the fit- oeoe, qua|hy, durability or performance of any of the items included in Paragraph u. or b. above. Your work will bedeemed completed at the earl�st of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed ifyour contract calls for work otmore than one site. (3) When that part of the work done atajob site has been put to its intended use by any person or organization other than another contractor or subcontractor working onthe same project. Work that may need mmn/ime, rmeinhomanoe, cor- rection, opreot|on. repair orreplacement, but which is oth- erwise comp|ote, will be treated as completed. 11. Pollution "Bodily injury" or "'property do arising of the actual, alleged or threatened dl�scharge, dispersal, seepage, migration, release or es- cape of "pollutants": a. That are, or that are contained in any prop - .0 ertythat is: (1) Being transported or towed by, handled, or handled for movement into, onto or from, the covered "auto"; CA 00O1 03 016 0 |BD Properties. Inc., 2005 Page 4 of 12 (2) Otherwise in the course oftransit bym onbehalf ofthe ~insmred^;or (3) Beng stored, disposed of, treated or processed in or upon the covered "auto", - b. Before the "pollutants" or any property in which the "pollutants" are contained one moved from the place where they are ac- cepted bythe ''inmured^for movement into oronto the covered "auto''; or o. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered ''eutc/'tmthe place where they are finally delivered, disposed of orabandoned bythe ^inaured'^ Paragraph m.above does not apply tofuels, |u- bhoonhs. Muids, exhaust gases orother similar "pollutants" that are needed for or result from the normal e1ectrical, hydraulic or mechanical functioning ofthe covered '^euto'orits parts, if: (1) The ^poUutents~escape, eeep, mignaha, or are diaoharged, dispersed or re- leased directly from an "auto" part de- signed by its manufacturer to ho|d, sbore, receive or dispose of such "pol- lutants"; and (2) The "bodily imjury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definifimn of "mobile equipment". Paragraphs h. and n. above of this mxo|weiom dm not apply to ''anoidemtu^ that occur away from pnsrnioea owned! by or nsnbad to an "in- sured" with respect to ''poNubomts" not in or upon acovered ~auto''if (1) The ''poUutamta^mrany property in which the "pollutants" are contained are wpmed, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The diaoharge, dispersal, seepage, mi- gration, release or escape of the, "pollut- ants" is caused directly by such upset. overturn ordamage, 12. VVmr "Bodily "property damage" arising di- rectly or|ndireotlyoutat o. War, including undeclared orcivil war-, b. V\ad�ke action by a military fnrce, including action in hindering or defending against an actual or expected atteok, by any govem- ment, sovereign or other authority using military personnel nrother ugenta�or CA 00 01 03 06 o. |naurnaodon, rebellion, revmuUon, usurped power, or action taken by governmental' au- thority hindering ordefending against any of these. 13. Racing Covered "autos" while used inany professional or organized racing or demolition contest or stunting activity, o, while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless ofthe number ofcovered "autoa."in- sunnds^, premiums paid, claims made or vehicles involved in the "aooident', the most we will pay for the total of all damages and "cowered pollution cost or expense" combimed, resulting from any one ^auc[dent'iathe Limit ofInsurance for Liability Coverage shown inthe Declarations. All "bodily injmry", "property damage" and "covered pollution cost or expanse~ resulting from continu- ous or repeated exposure to substantially the same conditions will be considered as resulting from one ~aooiden(" No one will be entitled to receive dupficate pay- ments for the same elements of ^|oae^' under this Coverage Form and any K8ed�oa| Payments Cov- erage Emdmrsement, Uninsured Motorists Cover- age ov*paQe Endorsement or Underinsured Motorists Cov- erage Endorsement attached to this Coverage Part. SECTION |0 — PHYSICAL DAMAGE COVERAGE A. Coverage 1.\Kewill pay for ''|ose"toacovered "auto"orits equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with an- other object; or m'otherotjeot;or (2) The covered °euto's"overturn. b. Specified Causes OyLoss Coverage Caused by: (1) Fire, lightning o/explomion; (2) The� QQ Windstorm, hail mrearthquake; WQ Flood; (5) Mischief crvandalism; or K8 The ainWng, buminQ, collision orderail- ment of any conveyance transporting the covered "a of 12 |S(] Properties, Inc., 2005 c. Collision Coverage Qsusedby� (U) The covered "auto's" co|iaion with an- other objec±�or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Decla- rations for bowing and labor costs incurred each time acovered "awto',cf the phwatopuu- senger type is disabled. However, the labor must beperformed atthe place ofdisablement. 3. Glass Breakage Hitting Bird OrAnimal — Falling Ob|ou±m Or Missiles If you carry Comprehensive Coverage for the damaged covered ^aubo', we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bind or animal-, and c. "Loss" caused by falling objects o/missiles. Howevar, you have the option ofhaving glass breakage caused by a covered "autm'a" colli- sion oroverturn considered e"|uma'`under Col- lision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maxi- mum of $600 for temporary transportation expense incurred by you because of the to- tal theft of a covered "amto" of the private passenger type. We will pay only for those covered "autos" for which you marry either Comprehensive or Specified Causes of Lmao Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and *nding, regardless of the policy's expi- nedon.when the covered °aubm^'imreturned 0ouse orwe pay for its "|nss"' b. Loss OfUse Expenses For Hired Auto Physical Damage,will pay expenses for w/nxm an -xmeurmn" be- comes legally responsible to pay for loss of use of o vehicle rented or hired without driver, under e written rental contract or agreement. We will pay for loss cfuse ex- penses ifoawaedby: (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Lmam Coverage is provided for any covered "auto";or (3) CnNioion only if the Declarations indicate that Collision Coverage is provided for any covered lauta' However, the most we will pay for any ex- penses for loss xpmnaomfor|omu of use is $20 per day, to a maximum of$6OO. B. Exclusions 1. We will not pay for "losa caused result- ingfrom of the following. Such "|oam~iaex- cluded ma0erm/eae cnany other cause orevent that contributes concurrently or in any se- quence bothe ^|oss" a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission orfusion; or (2) Nuclear reaction or radiation, orradioac- tive contamination, however caused, 6. War OrMilitary Action (1) War, including undeclared nrcivil war; (2) VVeilike action by a military force, includ- ing action in hindering or defending against an actual or expected attack, by any Qovernrment, sovereign or other au- thority using military personnel or other agents-, or (3) Uneurmaction, mebel|ion, mavouMom, usurped power or action taken by gov- ernmental authority in hindering orde- fending against any ofthese. 2. We will not pay for "|000° to any covered "auto" while used in any professional or organized racing ordemolition contest mrstunting activity, or while practicing for such contest or activity. We will also not pay for ''Uaas" to any covered ,.auto" while vxhi|e thut covered ^outo" is being pre- pared for such acontest oractivity. 3. We will not pay for ^|uss^ caused byorreeuR- ing from any of the following unless ouuoad by other "loss" that imcovered bythis insurance: a. Wear and hmar, freezing, mechanical or electrical breakdown. h. B|ovvouta, punctures orother road damage to tires. (1) Other than ooDksion only if the Declem* 4. We will not pay for "loms" to any of the follow - tions indicate that Comprehensive Cov- imQ, wrm8o is provided for Tapes, records, discs orother similar audio, "embo"� visual or data electronic devices designed for use with audio, visual or data electronic equipment ` » Page 8of12 b Any device designed or used to detect speed measuring equipment such as radar orlaser detectors and any jamming appara- tus intended to elude or disrupt speed measurement equipment. o. Any electronic equipment, without regard to whether this equipment is permanently in- sta||ed, that naceiwax or transmits eudio, visual or data signals and that is not de- signed solely for the reproduction of sound *+eigmedmm|e!yfortherepnodudioncfamumd d. Any accessories used with the electronic equipment described in Paragraph u. above. Exclusions 4.n.and 4.d.donot apply to: a. Equipment designed solely for the repro- duction ofsound and accessories used with such equipmnent, provided such equipment is permanently installed in the covered "auto" at the time of the ''|ouo" or such equipment ieremovable from mhousing unit which is permanently installed in the cov- ered mvmned "auto" at the time of the ~|oas^, and such equipment is designed to be mu|aly operated by use of the power from the ''auto's" etectrioa| syatemn, in or upon the covered ,'autn";mr b. Any other electronic equipment that is: (1) Necessary for the normal operation of the covered ,'auto"orthe monitoring of the covered "auto's" operating eyatam� or (2) An integral part ofthe same unit housing any mound reproducing equipment de- aohbed in Paragraph o.above and per- manently installed epmennnNymatmUed inthe opening of the dash or console of the m»mawwd "auto" normally used by the manufacturer for installation of radio. 5. We will not pay for '`|oam^ to a oowsmad ^eubo" due to "diminution in value". C. Limit Of Insurance 1. The most we will pay for ^loms' in any one "ac- cident" �s the lesser of: m. The actual cash value of the damaged or stolen property as of the time ofthe "loss"; or b. The cost ofrepairing orreplacing the dam- aged or stolen property with other property of like kind and quality. 2. An adjustment for depreciation and physic condition will be made in determining cash value in the event of a total "loss", OG %. If arepair orreplacement results inbetter than like kind or quality, we will not pay for the amount ofthe betterment. D. Deductible For each covered ^euto", our obligation to pay for, repair, return orreplace damaged or stolen prop- erty will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused byfire orlightning. SECT|ONPV—BUS|NESS AUTO CONDITIONS The hz||mming conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss Ifyou and wedisagree onthe amount of7oaa^, either may demand an appraisal of the "loss". |nthis event, each party will select acompetent appraiser. The two appraisers will select m competent and impartial umpire. The apprais- ers will state separately the actual cash value and amount of"|ooa" |fthey fail 0oagree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will., o. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right todeny the claim. 2. Duties KnThe Event Of Accident, Claim, Suit OirLoss We have no duty to p�novid* uowanmge under this poYioy um|aee there has been hu|U ommp|i- onoewith the following duties: a. In the event of "accident", claim, "suit" or ~oam', you must give us or our authorized representative prompt notice of the "acci- dent" or "loss" acoi-dent'or"|oen" Include: (1) How, when and where the ^aucidemY'or "|oaa^'occurred: (2) The ~inamred's"name and address; and (3) To the extent poouible, the names and addresses of any injured persons and witnesses. b. AdditionaHy, you and any other involved "insured" must: (1) Aoamma no obligadom, make no pay +~ ment or incur no expense without our consent, except at the "insuped^a" own cost. Page 7 of 12 CA 00 01 03 06 0 ISO Properties, Inc., 2005 (2) Immediately send us copies of any re- quest, demand, order, +quemt,demamd.order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the ^suit' N@ Authorize us to obtain medical records or other pertinent information. (6) Submit to axumimadun, at our expense, by physicians mJour choice, as often as m/ereasonably require. If there ie'1oos"bm e covered "auto" or its equipment you must also dothe following: (1:) promptly notify the police if the covered ''auto^orany of its equipment is, stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep arecord ofyour expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the ~|omm" before its repair o,disposition. (4) Agree hoexaminations under oath atour request and give us a signed statement ofyour answers. 3. Legal Action Against Us Noone may bring a|eQaUaction against usun- der this Coverage Form until: a. There has been full compliance with all the terms ofthis Coverage Form; and b. Under Liability Coverage,mgno* in writ- ing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined byjudgment af- ter trial. f-terthe|. No one has the right under this pol- icy to bring us into an action to determine the "insured's" liability. 4~ Loss Payment — Physical Damage Coverages Atour option wemay: m. Pay for, repair or replace damaged or sto- len c. Take all urany part ofthe damaged or sto- len property at an agreed or appraised value. If we pay for the "|omm^, our payment will in- clude the applicable sales tax for the damaged or stolen property. 5. Transfer OfRights Of Recovery Against Others To Us |fany person ororganization toorfor whom vve make payment under this Coverage Form has rights to recover damages from anotber, those rights are transferred to us. That person oror- ganization must do everything necessary to secure our rights and must dm nothing after "accident"or "loss" to impair them, B. General Conditions 1. Bankruptcy Bankruptcy orinsolvency of the 'insured"or the °immunad'a~ estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation OrFraud This Coverage Fmmo is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other '"innored'', at any time, intentionally oom- oee| or misrepresent m material factumnuern- img�: o. This Coverage Fomm� b. The covered ''autn"� . c. Your interest imthe covered "autof;or d. Aclaim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revi- sion is effective in your state. 4. NoSeneMtToBoUee—Phym|ca|Dmmmgn Coverages We will not recognize any assignment or grant any coverage for the benefit ofany person or organization ho|dimg, storing or transporting property for o fee meQord|ema of any other pro- vision ofthis Coverage Form. b. Return the stolen We will pay for any diamage that results to the "auto" from the theft; or Page 8 of 12 CA 0001 03 06 0|SO Properties, Inc., 2005 5. Other Insurance u. For any covered "auto" this Cov- erage For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insur- ance. However, while a covered "auto" which is a "trailer" is connected toanother vehicle, the Liability Coverage this Cover- age Form provides for the "trailer' is-, over-ogeFunnprnvidemforthe^trai|er'is� (1) Excess while it is connected to motor vehicle you dmnot own. (2) Primary vvbi|e it is connected to acov- ered ^'euto'`ymuovvn. b. For Hired Auto Physical Damage Coverage, any covered °auho" you |emse, hire, rent or borrow is deemed to be a covered "auto" you own. However, any ,'aato^' that is |eamed, hined, rented or borrowed with o driver ienot acovered °auto" o. Re8ond|enm of the provisions of Paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability as- sumed under an "insured contract" o'aumedunderan"inaunadmontmact' d. When this Coverage Funn and any other Coverage Form or policy covers on the same bauis, either excess or primary, we will pay only our share. Our shame is the proportion that the Limit ofInsurance ofour Coverage Form bears tothe total nfthe lim- its of all the Coverage Forms and policies covering mnthe same basis. 6. Premium Audit a. The estimated premium for this Coverage Form isbased onthe exposures you told um you would have when this policy began, VVe will compute the final premium du* when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will he billed for the bal- ance, if any. The due date for the final pre- mium or retrospective premium is the date shown omthe due date omthe bill. |fthe es- timated total premium exceeds the final premium due, the first Named Insured will get orefund. h. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates o/premiums ineffect atthe beginning ofeach year ufthe policy. 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "acci- dents" and "losses acci-dents'and"louaoa occurring: m. During the policy period shown imthe Deo- |anationa; and b Within the coverage territory. The coverage territory is: a. The United States ofAmehoa� b. The bemitoh*m and possessions of the United States ofAmehoa- . c. Puerto Rico; d. Canada;and e,. Anywhere inthe world if: (1) A covered "auto" of the private gertype is |000ed, him:d, rented or bor- rowed without a driver for a period of 30 daymmr|msa-and (1) The '"inaunad'a" responsibility to pay damages iedetermined ina°yoit'omthe mehte, in the United States of Amerioa, the territories and possessions of the United States of America, Puerto Rico. or Canada or in o settlement we agree to. We also cover "loss" to, or "accidents" involv- ing, a covered "auto" while being transported between any ufthese places. 8. Two OrMore Coverage Forms OrPolicies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by ueorany com- pany affiliated with uaapply tothe same "acci- dent", the aggregate maximum Limit ofInsur- ance under all the Coverage Forms orpolicies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an af- filiated company specifically tnapply mmexcess insurance over this Coverage Form. SECTION V — DEFINITIONS A. ^Aoodemf' includes continuous mrrepeated expo- sure bothe same conditions naau|dmg in "bodily in- jury" B. "Auto" means: 1. Aland motor vehicle, ^traler"orsemitrailer de- signed for travel on public roads; or v*�- e6 .00 Page 9 of 12 CA 00 01 03 06 0 ISO Properties, Inc., 2005 2. Any other landvehicle that issubject toacom- pulsory or financial paspomsibKhy law orother rnm&or vehicle insurance law where it is |i- oenne,dorprincipally garaged. However, "auto" does not include "mobile equip- ment". C. "Bodily injury^' means bodily injory, aiuknoam or disease sustained byaperson including death re- sulting fromanycfchese, O. "Covered po|Uubom cost or expense" means any cost orexpense arising out of: 1. Any naqmes1, demand, order or statutory or regulatory requirement that any ^inmured" or others test for, mmnitnr, clean up, remove, omm- bain, tneet, detoxify o/ neutmUize, or in any way respond to, or aemaoo the effects of "'pollut- ants"; or 'pu||ut-ante'';or 2. Any claim or "suit" by or on behalf cfm gov- ernmental authority for damages because of besting for, monitoring, cleaning mp, m»moving, containing, treating' detoxifying or nmutra|izing, or in any way responding boorassessing the effects of"po||mtanta" "Covered pollution cost orexpense" does notio- o|ude any cost orexpense arising out nfthe ao- bua|. alleged or threatened diaohorge, dispersal, seepage, mignabon, release or escape of''poy>ut- ants": m. That are, orthat are contained �n any prop- erty that is: (1) Being transported or towed by, hond|ed, or handled for movement into, onto or from the covered ''aoto'; (2) Otherwise in the course of transit by or ombehalf cfthe ''ineunsd''� (%) Being stoned, disposed of, treated or processed in or upon the covered "auto"- b. Before the "pollutants" o/ any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the ''insuned''for movement into oronto the covered ''mutu°; or u. After the "pollutants" or any property in which the "pollutants"' are contained are moved from the covered ^auto~tothe place where they are finally delivered, disposed of nrabandoned bythe "inmured° Paragraph e.above does not apply bzfuels, |u' bricantu, fluids, exhaust gases or other similar ^po||ubsmtu" that are needed for orresult from the normal e|eothmal, hydraulic or mechanical functioning cfthe covered ^auto''orits parts, if: (1) The '`poUutants~escape, seep, mignete, or are disuherged, dispersed or re- leased directly from an "auto" part de- signed by its manufacturer to ho|d, stone, receive or dispose of such "pol- lutants"; and (2) The "bodily injury'. "property damage" or "covered pollution cost or expense" does not arise out of the operation o/ any equipment listed in Paragraph G.b. or 6.c. of the definition of "mobile equip- ment". Paragraphs b. and o. above do not apply to "accidents" that occur away from premises owned byorrented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "'pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered ",autm"; and (2) ThedimohaDQ*. disperma|, aeepage, mi- gration, na|eamm or escape of the "pollut- ants" is caused directly by such upset, overturn mrdamage. E. "Diminution in wa|oe/' means the actual or per- ceived |000 in market value or resale value which results from edirect and accidental "|oao" F. includes m "leased worke�. "Em- ployee"' does not include a"temporary worke�. G. "Inoured°means any person urorganization quali- fying as an insured in the Who Is An Insured pro- vision of the applicable coverage. Except with re- spect bothe Limit ofInsurance, the coverage af- forded applies separately tmeach insured who la seeking coverage or against whom a deirn or ^uuit'imbrought, H. "Insured contract" means: 1. Alease ofpremises; 2. A sidetrack agreement; %. Any easement mrlicense agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad-, p~eradmnxomorvv{thim5Ofeetofarai|road-, C&8081 0306 0|SO Properties, Inc., 2005 Page 10 of 12 CA 00 01 03 06 @ ISO Properties, Inc., 2005 4. An obligation,ordinance, to in- demnify a municipality, except in connection with work for amunicipality; 5. That part oyany other contract or agreement businesspertaining to your demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; Gk That part cfany contract mragreement entered into, ampart ofyour business, pertaining to the rental or |ease, by you or any of your "employ- ees", of any "auto" However, such contract or agreement shall not beconsidered am"insured contract" to the extent that it obligates you or any ofyour "ennp|uyeom" to pay for "property damage" toany ',auto" rented or leased by you urany ofyour ^emp|oyeeu^ An "insured contract" does not include that part of any contract or agreement: a. That indemnifies, a railroad for "bodily in- jury" or "property damage" arising out of construction ordemolition operations, within 50 feet of any railroad property and affect- ing any railroad bridge or tmymMe, tnsoks, roadbeds, tunnel, underpass orcrossing; or b. That pertains to the loan, lease or rental of on "auto" to you or any of your ''eooplmy- eea~, if the °eubz" is loaned, leased or rented with adriver; or c. That holds m person or organization on - gaged imthe business mftransporting prop- erty by"euho'for hire harmless for your use of a covered ~auto" over route or territory that person or organization is authorized to serve bypublic authority. |. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct ofyour business. "Leased worker" does not include a"temporary mmrker' J. "Loss"' nneamm direct and aooidembs| loss ordanm- ege. K. "Mobile equipment" means any of the following types cfland vehio|ee, including any attached ma- chinery orequipment: 1. Bulldozene, farm meohinery, forklifts and other vehicles designed for use principally off public roads; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled ornot, main- tained primarily to provide mobility to p�ermm nenQymounted: m. Power cranes, shovels, |omdem, diggers or drills - or b. Road construction orresurfacing equipment such aagraders, scrapers or rollers, 5. Vehicles not described in Paragraph 1., 2.'3, or 4. above that are not self-propelled and are maintained primarily to provide mobility to per- manently attached equipment of the following types: a. Air compreommrm, pumps and geneneboxs, including spraying, we|dinQ, building clean- ing, exploration, lighting and well servicing equipment or b. Cherry pickers and similar devices used to raise orlower workers. 6. Vehicles not described in Paragraph 1 2 3 or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": a. Equipment designed primarily for: (1) Snow removal; (2) Ro�ad maintenance, but not construction or resurfacing; or (3) Stmaetcleanimg� b. Cherry and similar devices mounted on automobile or truck chassis and used to raise orlower workers; and c. Air compressors, pumps and generators, |ncIud|ngsprayng welding,buikjinQcleam- ing. geophysical exploration, lighting orwell servicing equipment. However, "mobile equipment" does not include land vehicles that are subject toocompulsory or financial responsibility law or other motor vehicle insurance |mvv ovhemm it is licensed or principally garaged. Land vehicles subject toecompulsory or financial responsibility law or other motor vehicle insurance law are considered "auhon" L "Pollutants" means any aa|id. liquid, gaseous or thermal irritant or oontamioont, including smoko, vapor, aoot, fumes, eoide' e|ka|is, chemicals and waste. Waste includes materials to be recycled, reconditioned nrreclaimed. 2- Vehicles maintained for use solely on or next to Ml "Property damage" means damage to or loss of premises you own ornant of tang iNe � Page 11mf12 CA 00 01 03 06 �SO Properties, Inc., N. "3uit"means acivil proceeding invvhjch� i. Damages because of "bodily injury" or"prop enydannaAe";or 2. A"covered pollution cost mraxpemme^^ hmwhich this insurance applies, are alleged. "Suit" includes: e. An arbitration proceeding in which such damages or "covered pcd|uUun costs u/ex- pmnxen" are claimed and to which the "in- sumed^must auhmftwrdoes submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages, or "cov- ered pollution oaeta o/ expenses" are c�oimed and to which the insured submits with our consent. [\ nished to you to substitute for a permanent "'em- ployee" on leave or to meet seasonal or short-term workload conditions. P. "Trailer" includes semitrailer. Page 12 of 12 CA 00Oi03 06 0 ISO Properties, |oo,2005 ACQR� CERTIFICATE OF LIABILITY INSURANCEF9,/26%2016 (DATE (MMIDD/YYYY) Ix WHICH THIS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A 'statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Robin Holloway Insurance Solutions H Fin,. til; (949)348-7400 FA1C,No):Isagy3ae-z31a .. License X0746539 •MAIL ADDRESS: RobinH@ins-solutions.com. _. 33302 Valle Rd, Suite 200 INSURER(S) AFFORDING COVERAGE NAIC1t San Juan Capistrano CA 92675 ..INSURED _. _ INSURERA:The Ohio Casualty Insurance Company 24074 _INSURER PERSONAL SADV INJURY $ B Allmerica Financial Benefit 41840 Profess;i,onal. Sports Field Maintenance Inc INSURER C; American Fire and Casualty Company 24066 23 Emerald Gln d INSURER Io :State Comp _ins Fund 35076 PRODUCTS-COMPlOPAGG $ INSURER E: Laguna Niguel CA 92677 INSURER F: COVERAGES CERTIFICATE NUMBER:16-17 All REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVATHSTANDING 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. INSRADDL'.SUBR LTR ''... TYPE OF INSURANCE ! POLICY NUMBER ' ...POLICY EFF POLICY EXP ......... ...... _... ,POLICY MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY ,.... I EACH OCCURRENCE $ 1,000,000 A . CLAIMS -MADE j X OCCUR ''....� ';. DAMAGE TO RENTED $ PREMISES (Ea. occurrence) 500, 000_. 2K057465702 .. 1.0/1/201.6 10/1/2017 MEDEXP(Anyoneperson) $ --. -_ it 15,000.... ..... PERSONAL SADV INJURY $ 1,000,000•...... I GENT AGGREGATE LIMIT APPLIES PER '..,. 'GENERAL AGGREGATE.... I..$ 2,000,000 X 'POLICY JECTPRO- LOC PRODUCTS-COMPlOPAGG $ 2,000,000 ......... I ... OTHER $ AUTOMOBILE, LIABILITY COMBINED SYNCLE LIMIT $ (Ea acadenl) 1,000,000 ......... 8 X..... ANY AUTO BODILY INJURY (Per person) $ AHTCS NFAUTOSSCHFOtII..fI} AW3A377777 _. 8/26/2016 8/26/201I BODILY INJURY (Pei accident) $ NON -OWNED '... HIRED AUTOS AUTOS PROPERTY DAMAGE L. , (Per accident) - ccident)_Uninsuredm©toristoornbined Uninsured matonst oorroined$ 300,000 X UMBRELLA LIAR X! OCCUR EACH OCCURRENCE -:. $ ..... 2,000,000 EXCESSLIAB I.. I CLAIMS -MADE.... ''., _.. AGGREGATE... $ ........ 22,00..0,000.. DED ',. RETENTION ESA57465702 '....,.$ 10/1/2016 16/1/2017 WORKERS COMPENSATION X STAR,TUTP OTRH- AND EMPLOYERS' LIABILITY YIN '... ......... .... ANY PROPRIETORIPARTNERlEXECUPVE OFFICERIMEM.BER EXCLUDED? ,N/Al SII : E.L. EACH ACCIDENT : $ .......... 1., 000, qqq..... .......- ... TD (Mandatory In NH) 1620476--2016 2/26/2016 2/26/2017 E.L. DISEASE - EA EMPLOYER $ 1,000,000 If yes, describe Linder......_ DESCRIPTION OF OPERATIONS below i i '; '. E . DISEASE:. - POLICY LIMIT '...., $ 1,000,000 I e DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule,. may be atkached If ran required) The City of Santa Ana, it's officers, employees, agents, and repres ntative are inc as additional .insured per the attached endorsement. qq 99 MW.wal�k ±� 91 R9✓�,,�A %,r_m I. Irit,A i n MULUCK L:ANULL.LA I IIUN 1(714)647-6944 SCUE"VAS@SANTA-ANA.ORG City of Santa Ana Attn: Purchasing Department 20 Civic Center Plaza Santa Ana, CA 92701. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Alessandra/PETERS Q9 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 on14n11 Policy#: BK057465702 COMMERCIAL GENERAL LIABILITY CG 86100413 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT NON -OWNED AIRCRAFT NON -OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY - ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B ADDITIONAL INSUREDS - BY CONTRACT„ AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU°' PAGE 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 s @� 2013 Liberty Mutual Insurance CG 88 1'0 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 Policy#: BK057465702 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT B. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured: 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or Nm a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge C. PROPERTY DAMAGE LIABILITY -ELEVATORS w0e ej 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: 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 an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days-, or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days, Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 Policy#: BK057465702 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 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: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement, 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "Insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: 2. b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies, We do not have to furnish these bonds. Paragraph 1.d. is replaced by the following: XJI d., All reasonable expenses incurred by the insured at our request to assist us in ,! ,AOB�vestjgation defense of the claim or "suit", including actual loss of earnings up to "ay, bec, se of off from work, G. ADDITIONAL, INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1 Paragraph 2. under Section 11 - Who Is An Insured is amended to include a§, erson or organization whom you have agreed to add as an additional insured ,,Mloa writ tract, written agreement or permit, Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or @ 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 Policy#: BK057465702 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (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 expo- sures', or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to Such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed-, or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any occurrence which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial Ge at Liability Condi- tions. G\� 1�1 2013 Liberty Mutuai insurance CG 88 10 0'4 13 Includes copyrighted material of Insurance Services Office, Inc., Wth its permission. Page 4 of 8 Policy#: BK057465702 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - BodHy Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop, drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services, d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy, 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratb ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional in!sured's policy has an Other Insurance provision making its policy* excess, and you have agreed in a written contract or written agreement to provide the additional r1ed coverage on a primary and noncontributory basis, this policy shall be primary and we wile eek contribution from the additional insured's policy for damages we cover. 2013LibertyMutual Insurance CG 88 10 04 13 Includes copyrighted mater i4 of Insurance Services Office, Inc., with its p S ion, Page 5 of 8 Policy4: BK057465702 b, The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. cl, We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the Emits of insurance as stated in the Declarations of this policy and defsned in Section Ili - Limits of insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy, J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS I MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 11 -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee'" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to Your other "volunteer workers" while performing duties related to the conduct of your business,; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above-, or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and adv . . 9 injury," ury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory fills used means e� M1 s se herein the "employee's" job responsibilities assigned by you, includes the supervision of other "employ- ees" of yours. However, none of these "employees" are insureds or "bodily injury " erscnal and O 2013 Liberty P nr Mutual Insura CG 88 10 04 13 �nc.' n Includes copyrighted material of Insurance Services offio� with s -i Page 6 of 8 ? VIC Policy#: BK057465702 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section 11 - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c, Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. 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 or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M, KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section 11 - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a pgrvei', This includes mental anguish, mental injury, shock, fright or death that results from . ys�cal injury, sick- ness or disease. 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 Policy#: BK057465702 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a 2 contract with that person or organization and included in the "'products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization', and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. (D 20+13 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 Policy#: AW3A377777 Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" re- fer to the Named Insured shown in the Declarations. The words "we", "us" and "our' refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "'autos" that are covered "auto's". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 2 Owned "Autos" Only those "autos," you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private passen- Passenger ger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Li - Other Than Pri- ability Coverage any "trailers" you don't own while attached to power units you vate Passenger own). This includes those "autos" not of the private passenger type you acquire "Autos" Only ownership of after the policy begins. 6 Owned "Autos" Only those "autos" you own that are required to have No -Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those "autos" you Fault acquire ownership of after the policy begins provided they are required to have No - Fault benefits in the state where they are, licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage. This includes those "autos" you acquire ownership of after the insured Motor- policy begins provided they are subject to the, same state uninsured motorists re - I fists Law quirement 7 Specifically De- Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three), 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in con - "Autos" Only nection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your per- sonal affairs. 06 Page 1 of 12 OG CA 00 01 03 06 0 ISO Properties, Inc,, 2005 Pdicy#:� AVV3A377777 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the definition ment Subject To of "mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are Financial Re,- licensed or principally garaged. sponsibility Or Other Motor Ve- hicle Insurance Law Only B. Owned Autos You Acquire After The Policy Begins 1. If SymboIs 1, 2, 3, 4, 5. G or 19 are entered next to a coverage in Item Two ofthe Declana- 8uns. them you have coverage for "autos^ that you acquire ofthe type described for the re- mainder of the policy period. e-maindernfthepoUoyperiod. 2. But if Symbol 7 is entered next to a coverage in Item Two ofthe Ooulanotimmm. an "auto" you acquire will bemcovered "amto"for that cover- age onKyifi m. VVealready cover aD '�autos'that you own for that coverage or it replaces an "auto," you previously ovvmmd that had that cover- age; and over-ege;and b. You tell us within 30 days after you acquire itthat you want uatocover itfor that oover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos |f Liability Coverage is provided by this Coverage Fonn, the following types of vehicles are also cov- ered "'autos"for Liability Coverage: 1- ''Tnai|eru"with aload capacity of2.U00pounds or |eua designed primarily for travel on public roads. 2- "Mobile equipment' while being carried or towed by aoomared "auto". %- Any "auto"you donot own while used with the permission of its owner os m temporary substi- tute fora covered "auto" you uvvn that is out of service because ofits: a. Breakdown; b. Repair; o- Servicing; d. "Loss"; or e. Destruction. SECTION U—LIABILITY COVERAGE A. Coverage Wewill pay all sums an"insuned^ legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". VVewill also pay all sums en~ineured"legally must pay as o "covered pollution cost or expense" to which this insurance applies, caused byam°acci- demf` and resulting from the ownership, mainte- nance oruse ofcovered "autoa"However, wewill only pay for the "covered pmflution coat or ex- pomao/' if there is either "bodily [mjury" or "property damage" to which this, insurance applies that is caused bythe same "aooident". We have the right and duty to defend any "im- aured~against u~suit'^asking for such damages or a "covered puk|udom cost or expense". However, wehave noduty todefend any ^inaured'^against a ^'suit^seeking damages for "bodily injury"or"prop- erty demage" ora "covered pollution cost nrex- panae"tuwhich this insurance does not apply. VVe may investigate and settle any claim or "suit" as we consider appropriate, Our duty to defend or settle endo when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments ursettlements. 1. Who h«AmInsured The following are 1nsuredo^: a. You for any covered "auto". h. Anyone else while using with your permis- sion eoovened ^auto"you own, hire orbor- row except: (1) The owner oranyone else from whom you bine or borrow o covered "auto". This exception does not apply if the covered ^outo~is a"tnyiher,connected tm acovered "mubo"you own. v*�'- Page 2 of 12 CA 00 01 03 06 0 ISO Properties, Inc,, 2005 Po8cy#: AVV3&377777 (2) cA the covered '�amto"io b. Out-Of-StateCoverage Extensions owned by that "employee" ma member While a covered "auto" is away from the ofhis orher household. state where ifislicensed vvewN|- (3) Someone using acovered "ouho"while (1) |ncmaeee the Limit of Insurance for Li' he or she is working in a business of ability Coverage 0mmeet the limits speoi- aeUing. nenvicing, nepairing, parking or fimd bycompulsory or financial re- storing ^embzu^ unless that business is apomsibiUtylaw ofthe jurisdiction where yours. the covered "auto" is being used. This (4) Anyone other than your ~emp|oyees^', extension does not apply to the limit or partners (if you are a partne/ship). limits specified by any law governing members (if you are a limited liability motor carriers of passengers or pnnp- ommpaoy), or m lessee or borrower or erty. any oftheir ''emp|oyees^. while moving (�� Provide the minimum amounts and property from of other coverages, such as no - (6) A partner you are a partnership), ora fau|t, required of out-of-state vehicles by member (if you are m |inoi&ad liability the jurisdiction where the covered ~auto^ company) for a covered "auto" owned hsbeing used. by him or her or m member of his or her We will not pay anyone more than once for household. the same elements of \oam because of o. Anyone liable for the conduct of an "in- these extensions. aured° described above but only tothe ex- B. Exclusions tent ofthat liability. This insurance does not apply toany ufthe ioNow' 2. Coverage Extensions ing: a. Supplementary Payments 1. Expected Or Intended Injury We will pay for the "insured": "Bodily injury"' or "property damage" expected (1) All expenses weincur. or intended from the standpoint of the "in - (2) Up to $2.0ODfor cost ofbabonds . oUuding bonds for ns�ated traffic law vio' 2. Contractual |ations) required because of an ''mmoi- Liability assumed under any contract or agree - dent" we cover. We do not hevetofur- ment. nishthese bonds, Butthis exclusion does not apply to liability for (3) The cost of bonds to release attach- d�mugoa� noenta in any ~suit" against the "insured" we defend, but only for bund amounts m. Assumed in a contract oragreement that is within our Limit ufInsurance. an ''imsmnsd oumtneot' provided the "bodily injury" mr"property damage" oouuna aubue- (4) All reasonable expenses incurred bythe quemt to the execution of the contract or "insured" atour request, including actual agreement; or loss ofearnings up to $250 m day be- cause oftime off from work. � That the "'insured"d" would have in the ab ' eemoeofthe contract oragreement. (6) All costs taxed against the "insured" in any "suit" against the "inoured"wede- 3. Workers' Compensation fend. Any obligation for vvbioh the ^imemnad" or the (6) All interest on the full amount of any '"imaured's" insurer may be held liable under judgment that accrues after entry of the any workers' oomopensuUVn, disability benefits judgment in any "suit' against the unemployment^im- or unemployment compensation law or any momad"vve defend' but our dpay in- minoHar|mw . teresd amda when we have paid, offered 4. Employee Indemnification And Employer's to pay or deposited in court the part of Liability the judgment that is within our Limit of "Bodily injury" to: Insurance. T�*a*pm�nmontsvvi||motreduoetheLimi�of a. An "employee" of the "insured" arising out Insurance. ofand inthe course of: )E r eu` —~ Page of 12 VIP - 0000 Go �P�r~- CA 010 ��lSD�nmperdem.|nu�. Rdlcy#:AVV3A377777 (2) pmrfonningthedutieorelahedtodheoon- duotofdne°|nsunad"s"buoiness;or b. The spouse, ohi|d, parent, brother orsister of that ''employee~ as a cmnuequenmw of Paragraph a.above. This exc�usion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) Toany obligation toshare damages with or repay someone m|me who must pay damages because mfthe injury. But this exclusion does not apply to "bodily im- ]ury^ to domestic "employeea', not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contracf' For the purposes of the Coverage Fmrmn, a domestic "employee" is e person en- gaged in household or domestic work per- formed principally in connection with a meei- domoepnenmioee. 6- Fellow Employee "Bodilyinjury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while per- forming duties related to the conduct of your 6. Care, Custody Or Control damage "covered pollution cost or expense" involving property owned or trans- ported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling OfProperty "Bodily injury" or "property damage" muuidn0 from the handling cfproperty: m. Before it is moved from; the place where it is accepted by the ''inewred'^ for movement into oronto the covered "auto"; or b. After itiamoved from the covered "auho''hn the place where it is finally delivered by the "insured", Q. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement ofproperty by m mechani- cal device (other than a hand truck) unless the device isattached tothe covered ~aubo^ 9. Operations "Bodily injury" damage" arising cut ofthe operation of: a. Any equipment listed in Paragraphs 8.1b. and 6.u. of the definition of "mobile equip- ment"; meny^� or b. Machinery mrequipment that is on, attached to, nrpart of, aland vehicle that would qual- ify under the definition of "mobile equip- ment" if i gw p- ^ifi or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" "property da arising out of your work after that work has been com- pleted or abandoned. |nthis exclusion, your work means: o. Work oroperations performed by you or on your behalf: and b. h8ateha|e, parts or equipment furnished in connection with such work oroperations. Your work includes warranties or representa- tions made at any time with respect to the fit- oeau, quality, durability orperformance ufany of the items included in Paragraph a. or b above. Your work will be deemed completed at the earliest ofthe following times: (1) When all of the work called for in your contract has been completed, (2) When all of the work to be done at the site has been completed ifyour contract calls for work atmore than one site. (3) When that part ofthe work done atajob site has been put toits intended use by any person or organization other than another contractor or subcontractor working mnthe same project. Work that may need semioe, maintenmnoo, cor- rection, mpreotion. repair orreplacement, but which is oth- erwise complete, will betreated aacompleted. 11. Pollution "Bodily injury" "property de arising out of the actual, alleged or threatened diacharge, dlspeneay, seepage, migration, release or es- cape of'^poUutamts^: a. That are, orthat are contained in any prop- erty that is: (1) Being transporte or towed by, handled, Po|icy#:AVV3A377777 (2) Otherwise in: the omurem of transit by or umbehalf nfthe ~imsu^ed";nr (3) Being abo/ed, disposed of, treated or processed in or upon the oomansd "eutc/` b. Before the "pollutants" or any property in which the "pollutants" are contained are mnnmmd from the place where they are ac- cepted by the ''insured''for movement into nronto the covered "aubo'; or s. After the "pollutants" or any property in which the "pollutants" are contained one moved from the covered ^auto^tothe place where they are finally delivered, disposed of mrabandoned bythe ^'inmuned" Paragraph a.above does not apply tofuels, |o- brioante. f|uida, exhaust gases orother a�mi[ar "pollutants" that are needed for or result from the normal e|ecthom(, hydraulic or mechanical functioning ofthe covered ^emto'orits parts, if� (1) The "poUu1anta'`escape, eeep, nniQrabe, or are dianhorged, dispersed or re- leased directly from an "auto" part de- signed by its manufacturer to hold, atore, receive or dispose of such ''po|- |ubsnta^�mnd (2) The "bodily injury". "property damage" or "covered pollution cost o/ expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition o/ "mobile equipment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or ranted to on '^in- munad" with respect to "pollutants" not in or upon acovered ~auto''if: (1) Th"pollutants" in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The disuharge, dimpersa|, aeepago, mi- gration, release mrescape of the "pollut- ants" is caused directly by such upset. overturn ordamage. 12. War "Bodily injury" damage" arising di- rectly ormo/reczyouncn, m. War, including undeclared occivil war-, b. Warlike action by a military force, including action in hindering or defending against an actual or expected attook, by any govem- ment, sovereign or other authority using military personnel orother agenta�or c. |nawnreotion, rebellion, revouUon, usurped power, oraction taken bygovernmental au- thority in hindering or defending against any mftheoe, 13. Racing Covered ^umbua^while used imany professional or organized racing or demolition oonbmmi or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auho'^ is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "in- sureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined, resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. All "bodily injunry"."propertydamage" and "covered poi|ution cost or expense" resulting from continu- ous or repeated exposure to substantially the same conditions will be considered as resulting from one ,'aooident" No one will be entitled to receive duplicate pay- ments for the same eiements of ^|osa" under this Coverage Form and any Medical PaymentuCov- ermQe Endorsement, Uninsured Motorists Cover- age ovepage Endorsement orUnderinsured Motorists Cov- erage Endorsement attached to this Coverage Pert, SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for ^|ome^ to a covered "auto" or its equipment under: a. Comprehensive Coverage CA 00 01 03 06 C lSO Properties, Inc., From any cause except: (1) The covered 1subz's° collision with an- other object; or m'mthmrobjeo;or (2)The covered "auto's" overturn. b. Specified Causes Of Loss Coverage Caused by - (1) Fire, lightning or explosion; CQ Theft; NN Windstorm, hail orearthquake� (4) Flood-, (5) Mischief nrvandalism; mr (6) The sinkinQ, bonninQ, collision crderail- ment of any conveyance transporting the covered "a ~�- Page 6 of 12 e. ]S~ \^n~- Policy#: AW3A377777 c. Collision Coverage Caused by: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. We will pay up to the limit shown in the Decla- rations for towing and labor costs incurred each time a covered "auto" of the private pas- senger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage — Hitting A Bird Or Animal — Failing Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "'Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" colli- sion or overturn considered a "loss" under Col- lision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maxi- mum of $600 for temporary transportation expense incurred by you because of the to- tal theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expi- ration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental: contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision only if the Declara- tions indicate that Comprehensive Cov- erage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any ex- penses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or result- ing from any of the following, Such "loss" is ex- cluded regardless of any other cause or event that contributes concurrently or in any se- quence to the "loss". ,a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioac- tive contamination, however caused. b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign or other au- thority using military personnel or other agents-, or (3), Insurrection, rebellion, revolution, usurped power or action taken by gov- ernmental authority in hindering or de- fending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "'auto" while that covered "auto" is being pre- pared for such a contest or activity. 3. We will not pay for "loss" caused by or result- ing from any of the following unless caused by other "loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. 4. We will not pay for "loss" to any of the follow- ing- a. Tapes, records, dis%s, c g, other similar audio, visual or data idevices designed for use A10, visual o ctronic equip �>* Page 6 of 12 CA 00 01 03 06 C ISO Properties, Inc,, 2005 b. Any device designed or used to detect speed measuring equipment such as radar or laser detectors and any jamming appar,a- tus intended to elude or disrupt speed measurement equipment u. Any electronicequipment, without regard to whether this equipment is permanently in- sta||ed, that naooiv*e or transmits mudin, visual or data signals and that is not de- signed solely for the reproduction ofsound. d. Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 4.u.and 4.d^donot apply to: a. Equipment solely for the mpro+ clmictionofumund and accessories used with such eqmipmont, provided such equipment is permanently installed in the covered ^auto^ at the time of the 1uma" or such equipment is removable from a housing unh which is permanently installed in the cov- ered "auto" at the time of the ^1oao'^, and such equipment is designed to be um|eUy operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or b. Any ot ere|eotrumicaquipmemtthatis: (1) Necessary for the normal operation of the covered ^'mutn^' or the monitoring of the covered "auto's" operating system-, or (2) 4mintegral part ofthe same unit housing any sound reproducing equipment de- scribed in Paragraph o.above and per- manently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of radio. 6. We, will not pay for "|osm" to auovered "auto" due to "diminution in value". C. Limit Of Insurance 1. The most we will pay for 1oom in any one "ac- cident" is amcident"is the lesser of: m. The actual cash value ofthe damaged or stolen property as of the time of the "loss"; or b. The 000d of repairing or replacing the dam- aged orstolen: property with other property oflike kind and quality. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value |nthe event ofatotal "imee~ l |farepair orreplacement results inbetter than like, kind or quality, we will not pay for the amount ofthe betterment. D. Deductible For each covered "muto". our obligationtopmyfmr. repair, return orreplace damaged orstolen prop- erty w||| be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to~|maa''caused byfire mrlightning. SECTION |V—BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common PoUioyConditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss Ifyou and we disagree onthe amount mf"lmou. either may demand an appraisal of the "loss". |mthiaevent, each party will select ecompetent appraiser. The two appraisers will se�aut a competent and impartial umpire. The apprais- ers will ppraia'enavvi|| state sepenmhmk/ the actual omeh value and amount of^|ooe"|fthey fail toagree, they will submit their differences to the umpireA decision agreed to byany two will be binding. Each party will: a. Pay its chosen appraiser; and b Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the ciaim. 2. Duties In The Event Of Accident, Claim, Suit OrLoys We have no duty to provide coverage under this policy unless there has been fm|| compli- ance with omp|i'ammawith the following duties-, m. In the event of "accident", dehm. "suit" or ^|osa'', you must give uaorour authorized representative prompt notice of the '^aooi- dmnt'or°Koaa" Include: (1) How. when and where the '^accident'or "/oaa"ocoum*d� (2) The "inmured's"name and address; and (3) To the extent poseib|e, the names and addresses of any injured persons and witnesses. b. AdditinnaUy, you and any other involved "insured" must: (1) Assume no ob|igmtion, make no pay- ment or incur no expense without our consent, except a�*�I^�'insured's~ own cost,- 7of12 (2) Immediately quest, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with ma in the settlement of the claim or defense against the ^'auit' (4) Authorize us to obtain medical records orother pertinent information. (6) Submit to exammhnadimm, at our expense, by physicians of our ohm|oe, as often as wereasonably require. o. If there is "loss" to e covered "auto" or its equipment you must also dothe following: (1) Promptly notify the police if the covered ^amto''orany ofits equipment iestolen, (2) Take all reasonable steps ho protect the covered "auto" from further damage. Also keep arecord ofyour expenses for consideration in the settlement of the claim. (3) permit un to inspect the covered "auto" and records proving the "loss" before its repair ordisposition, W@ Agree toexaminations under oath at our request and give us signed statement of your answers. 3. Legal Action Against Us No one may bring ulegal action against umun- der thimCoverageFmnnumb|� a. There has been full compliance with all the terms ofthis Coverage Form; and b. Under Liability Coverage, we agree in writ- ing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined byjudgment af- ter thei No one has the right under this pd- icyho bring us into an action to determine the "insured's" liability. 4. LoemPeynmant—Physioa|Dmnmmge Coverages A1our option wmmay: a. Pay for, repair or replace damaged or sto- len property-, to+|onpnnperty� b' Return the stolen We will pay for any damage that results to the "euto"from the theft; or c.Take all many part of the sto- len property at an agreed or appraised value. If we pay for the "|000",, our payment will in- clude the applicable n'rdudethoappUooble sales tax for the damaged �U or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us |fany person ororganization toorfor whom we make payment under this Coverage Form has rights to recover damages from anothe/, those rights are transferred to us. That person mror- ganization must do everything necessary to aeouns our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "imeured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation OrFraud This Coverage Form is void in any case of fraud' by you at any time as it relates tothis Coverage Form. It in also void if you o/ any other "insured", atony time, intentionally con- ceal or misrepresent a material fact concern- ing: a. This Coverage Form; h. The covered "euto',� o. Your interest imthe covered "oubo`. or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium oharge, your policy will automatically provide the additional coverage as of the day the revi- sion is, effective in your state, 4. NmBanmMtToBaQee—Phyeica|Darnmye Coverages We will not recognize any assignment or grant any coverage for the benefit ofany person or organization ho|ding, nhohmg or transporting property for afee regardless of any other pro- vision of this Coverage Form. m'viyimmofthioCnverageForm. v��' Page 8 of 12 CA 00 01 03 06 Q ISO Properties, Inc,, 2005 Po|cy4:4W3A377777 5. Otherinsurance e. For any covered "auto" you own, this Cov- erage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided bythis Coverage Form is excess over any other collectible insur- ance. nuupanoe. Hwwever, vvhi|m m covered "auto" which |ae^'trai|er"' is connected toanother vehicle, the Liability Coverage this Cover- age Form provides for the, "trailer" is: over-ageFomnpvmvideuforthe,"tnai|er'io: (1) Excess while itiuconnected toe motor vehicle you donot own, (2) Primary while bio connected to a cov- ered ^auto"you own. b. For Hired Auto Physical Damage Coverage, any covered ,'auto,' you |emme, hire, namt or borrow is deemed to be a covered ''auto" you mmm. However, any "auto" that is |euaed, hired, nymbed o/ burrowed with m driver isnot acovered "amto' c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability as- sumed under un"Insured contnact' d. When this Coverage Form and any other Coverage Form or policy covers on the same basis' either excess or phmary, we will pay only our share. Our share is the proportion that the Limit ofInsurance of our Coverage Form bears tothe total ofthe lim- its of all the Coverage Forms and policies covering onthe same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based onthe exposures you told us you would have when this policy began, VVe will oornpuba the final premium due when we determine your actual exposures, The estimated total premium, will be credited against the final pnanniom due and the first Named Insured will be billed for the ba|- anoe, if any. The due date for the final pre- mium or retrospective premium is the data shown enthe due date mnthe bill. |fthe es- timated total premium exceeds the final premium due, the first Named Insured will get arefund, b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates orpremiums ineffect atthe beginning ofeach year cfthe policy. 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "acci- dents" and "losses" occurring: a. During thepolicy period shown in the Dec- larations -, b. Within the coverage territory. The coverage territory is: e. The United States ofAmerica; 6. The territories and possessions of the United States ofAmerica; c. Puerto Rico; d. Canada;and *. Anywhere inthe world if: (1) /\covered "auto" of the private passen- ger is |mamed, hired, rented or bor- rowed without driver for a period of 30 days orless; and (2) The ~insured's° responsibility to pay damages iedetermined imo~auif'onthe merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to, We also cover "loss" to, or "accidents" imvo[v- |ng, m covered "auto" while being transported between any ofthese places, & Two OrMore Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by uaorany com- pany affiliated with uaapply tothe same ''acoi- dent'. the aggregate maximum Limit of Insur- ance neupanme under all the Coverage Forms or policies mheU| not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by uaoran af- filiated company specifically to apply as excess f-fi||mtedoompmnyopecifioa||ytzapp|yaaaxoeae insurance over this Coverage Form. SECTION V — DEFINITIONS A. "Acoidenr includes continuous or expo- sure hnthe same conditions nymuN0ng in "bodily injury"' or "property damage". - 5l "Auto" means: 1. A |smd motor vehicle. "trailer" or semitrailer de' signed for travel on public roads; or CA 00U1 03 06 @ ISO Properties, Inc., 2005 *`�.. Page 9 of 12 Pu|iry#:AVV3A3777T7 2. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged. icenmsdorprinoipa(lyQarmged. However. ^amho^' does not include ''mobikeequip- nmemt' C. "Bodily in]mrV^ means bodily irjury, sickness or disease sustained by a person including death re- sulting from any of these. -auttimQyrornamyofthese. D�. "Covered pollution most or expense" means any cost orexpense arising out of: 1. Any requ*at, demand, order or statutory or regulatory requirement that any "insured" or others test for, mnonitor, clean up, remove, cun- bain, tr*at, detoxify or neutna|ize, or in any way respond to, or assess the effects of "pollut- ants"; or 2. Any claim or "suit" by or on behalf of a go* ennmoentai authority for damages because of testing for, nmonitorinQ, cleaning up, renmuv|mg, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants"'. "Covered pollution cost orexpense" does notin- o|ude any cost or expense arising out cfthe ac- tual, alleged or threatened discharge,, dispersal, seepage, migratiom, release or escape of~poUut- a. That are, mrthat are contained in any prop- erty that is: mop'edythetie: (1) Being transported or towed by, han&|ed, or handled for movement into, onto or from the covered '^auhm"� . (2) Otherwise in the course of transit by or unbehalf ofthe ^inauned^; (%) Being stored, disposed of, treated or processed in or upon the covered "euto~� b. Before the "poQubsmto" or any property in which the "Pollutants" are contained are moved from the place where they are ac- cepted bythe "innuned"for movement into or onto the covered "auto"; or o. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto'tothe place where they are finally delivered, disposed of or abandoned bythe '`imsmred^ Paragraph a. above does not apply to fuels, lu- bricants, ha.abovedoeonotepplytofuee.|u- brioants. fluido, exhaust gases mrother similar "pollutants" that are needed for or result from the nmnna| e|ecthoml, hydraulic or mechanical functioning of the onwanad "auAa" or its parts, if: (1) The '`poUutantu" emoape, oe*p, noignate, or are discharged, dispersed or re- leased directly from an ^auto^' part de- signed by its manufacturer to ho|d, atore, receive or dispose of such "pol- |utants°;and (2) The "'bodily injury" "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or G.o. of the definition of "mobile equip- ment', Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned bynrrented toan''inaured"with respect to~poUotanta" not inorupon mcovered "auto" if: (1) The ^pdlutom1s`orany property in which the °poUutantm°are contained are upset, overturned or damaged as o result of the maintenance or use of a covered "auto"; and (2) The diaohepQe, dispersal, aeepaQo, mi- Qratinn, release orescape ofthe "pollut- ants" in caused directly by such upset, overturn ordamage. E. "Diminution in ve|ue" means the actual or per- ceived loss in market value or resale value which results from a direct and accidental ^|oee^. F. "Employee" includes m "leased worker". ~Enm- pdoyee~does not include a "temporary worker". G. ^lneured'^means any person ororganization quah- fying as an insured in the Who Is An Insured pro- vision of the applicable coverage. Except with re- spect to Limit of |nsunsnoe, the coverage af- forded applies separately to each insured who is seeking coverage or against whom a claim or '' suit' iabrought. H. "Insured contract" means: 1. Alease ofpremises; 2. ,4sidetrack agreement; 3. Any easement orlicense agreement, except in connection with construction or demolition op- erations onorwithin 5Ufeet ofarailroad; C&UUU103 06 QISO Properties, |nc,2U&5 Page 10 of 12 \e' '44e6 v6T\ CA 00 01 03 06 C ISO Properties, Inc., 2005 Mz|icV#:AVV3A3777T7 4. An obligation,ordinance, toin- demnify e municipality, except in connection with work for municipality; 6. That part of any other contract or agnsennerk pertaining to your business (including an in- demnification of a municipality in connection with mmdk performed for municipality) under which you assume the tort liability mfanother to pay for "bodily injury" or "property damage/' to a third party or organization. Tort liability means, mliability that would beimposed bylaw in the absence of any contract or agreement; 6. That part ofany contract oragreement entered into, as part cfyour buainess, pertaining; the nsntm| or |ease, by you or any ofyour "emp|oy- eee''. of any "auto" However, such contract or agreement shall not beconsidered an "|momned contract" tothe extent that itobligates you or any ofyour ,empoyews° to pay for "property damage" toany ''auto^rented orleased byyou orany ofyour ^emnp|oyeeu~ Am"insured contract" does not include that part of any contract oragreement: m. That indemnifies a railroad for "bodily in- jury" or "property damage" arising mut of construction ordemolition operations, within 50 feet of any railroad property and affect- ing any railroad bridge o/ trestle, tmsoks, roadbeds, tunnel, underpass orcrossing; or b. That pertains to the loan, |omae or rental of an ~auto" to you or any of your "employ- ees"', �f the "auto" is Uoaned, leased or rented with adriver; or c. That holds a person or organization en- gaged inthe business nftransporting prop- erty by"auto"for hire harmless for your use of covered "auto" over a route or territory that person or organization is authorized to serve bypublic authority. |. "Leased worker" means u person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties n*|etod to the conduct mfyour business, "Leased worker" does not include e"temporary mmrker' J. "Loss" means direct and accidental loss mrdam- age. K. "Mobile equipment" means any of the following types of land vehidea, including any attached ma- chinery or equipment: 1- Bu1|dozers, terrn maohinery, forklifts and other vehioiee designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own orrent; 3. Vehicles that travel on crawler treads; 4. Vehicles whether self-propelled or not main- tained primarily to provide mobility to perma- nently mounted: ermo'memtlymounted: a. Power cranes, ahove|u, loeders, diggers or drills; or b. Road construction or resurfacing ipmemt such as graders, scrapers orrollers. S. Vehicles not described in Paragraph 1, 2., 3.` or4. above that are not self-propelled and are maintained primarily to provide mobility to per- manently attached equipment ofthe following types: a. Air comopreasora, pumps and gemeratona, including opreyinQ, vve|ding, building o|eam- ing, geophysical exploration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise orlower workers. 6. Vehicles not described in Paragraph 1., 2.' 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. Hmmever, self-propelled vehicles with the fo||ovv|mg types of permanently attached equipment are not "mobile equipment" but will be considered "autos": e. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction orresurfacing; or (3) Sbreetc�eaming; b. Cherry pickers and similar devices mounted on automobile nrtruck uheoaia and used to raise orlower workers; and c. Air oompreeoore, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, MghMngorwell servicing equipment. However, "mobile equipment" does not include land vehicles that are subject toaoompwLsoryor financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged, Land vehicles subject 8nacompulsory or financial responsibility |mm or other motor vehicle insurance law are considered "eutoa" L "Pollutants," means any solid, |iquid, gaseous or thermal irritant or contaminant, including anmnke, vapor, soot, fumes, ao|da' a|ko|io, chemicals and waste. Waste includes materials to he neoyo|ed, reconditioned orreclaimed. M. "Property damage" means damage to or loss of use of tangible prop aEl e11 of 12 CA 00 01 03 06 Q ISO Properties, Inc., , 5 Policy#:AW3A377777 N. "Suit" means a civil proceeding in which: i- Damages because of "bodily injury" or "prop- erty 2. A "covered pollution cost or expense", towhich this insurance applies, are alleged. "Suit" includes� a. An arbitration proceeding in which such damages or "covered pollution costs or ex- penses" are claimed and to which the "in- sured" must submiit or does submit with our consent; or b. Any other alternative dispute reso ution pro- ceeding in which such damages or ~cov- ered pollution costs or expenses" are claimed and to which the insured submits with our consent, C}. "Temporary worker" means a person who isfur- nished to you to substitute for m permanent °em- pl'"mo8eaveortomeetnememnm]orshort-term workload conditions. P. "Trailer"' includes semitrailer, *+1'' 21 Page 12 of 12 CA 00 01 03 06 Q|3O Properties, Inc,, 2005 AC"RV � DATE (MMIDOJYYYY) CERTIFICATE OF LIABILITY INSURANCE 9/26/2016 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 INSUIRER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL (INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). conlrACi PRODUCER .„...� Robin Holloway Insurance Solutions License #0746539 93302 Valle Rd, Suite 200 San Juan Capistrano CA C92675 INSURER- -_ ,-„t�"""� 4�...,»,�,✓""wr f..~ Professional Sports Field Maintenance Inc 23 Emerald Gln (t):(949)348-7400 RobinH@ins--solutions.com INSURER(S) AFFORDING COVERAGE INSURERA:The Ohio Casualty Insurance INSURER El Allmerica Financial Benefit INSURER.0 American Fire and Casualty INSURER.D:State Comp..... Ins Fund........ (949)348-2373 NAIC # _Company 24074 41,840 Company 24066 35076 I'.NSURER E: Laguna Niguel CA 92 677 INSURER F COVERAGES CERTIFICATE NUMBER:1.6-17 All REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (NSRTYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MMlOD1YYYY MMlDDlYYYY. LIMITS X COMMERCIAL GENERAL LIABILITY1,000,000 EACH OCCURRENCE $ A ,. CLAIMS -MADE X OCCUR _., DAMAGES ( RENTED PREMISES (Ea occurrence) $+ 500,000 _-. SK057465702 10/1/2016 10/1/20.17 MED EXP (Any one Person) $ 15,000 '.... PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIITAPPLIES PER .. '.... GENERAL AGGREGATE $2,'000,000 PRO - PRO - POLICY POLICY LOC .... ....... _.. P A PRODUCTS - COMPIO.._..GG $...... 2,000,000 OTHER; $ AUTOMOBILE LIABILITY '.... ..., COMBINED SINGLE LIMI"7 (Ea accident),.. $ 1 000 000. ' ANY AUTO BODILY INJURY (Per Person) $ -......... ... ALL C?WNED SCHEDULED AW3A377777 AUTOS _ AUTOS B/26/2016 8/26/2017 BODILY INJURY (Per accident) $ NON -OWNED .. PROPERTY DAMAGE HIRED AUTOS AUTOS ... (Per aczdent)_„ Uninsured motorist combined $ 300,000 X UMBRELLA LIAR X OCCUR '. EACH OCCURRENCE'. _..... $ ... 2,000,000 C EXCESS LIAR CLAIMS -MADE _. ''. AGGREGATE. _. .. ...... $ 2, 000, 000 '... DED RETENTION$ ESA57465702 10/1/2016 '.... 10/1/2017 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABILITY Y 1 N STATUTE ER ANY PROPRIETORIPARTNERlEXECUTIVE E1 EACH ACCIDENT $ 1,000f 000.... OFFICERVM MBER EXCLUDED? iN1A D (Mandatory in NH) 1620476-2016 2/26/2016 2/26/2017 ....... 1 DISEASEEA EMPLOYEE $ 1, 000 000 r If yes, describe under' ..._......_ ._... DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 (DESCRIPTION OF OPERATIONS I LOCATIONS C VEHICLES (ACORD 101, Additional Remarks Schedule, a tteched Ittrmore space is requilre The City of Santa Ana, it's officers, employees, agents, and represents 001- are included as additional insured per the attached endorsement. fi ;;c.?_ b A0 ' t � RC P l,..t,K I It-It,A I t NULLPCK l AIVLtLLA I IUN (714) 647-6944 SCUEVAS@S'ANTA-ANA.ORG City of Santa Ana Attn : Purchasing Department: 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Alessandra/;r'1 TERS ' . ,.."% O 1988-2014 ACORD CORPORATION. All rights reserved.. ACORD 25 (2014/01) The ACORD name and logo are registered marks Of ACORD INA025 oo i4ltr i. Policy#: BK057465702 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PANT SUBJECT NON -OWNED AIRCRAFT NON -OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY -ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION' EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT' OR PERMIT' PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE``, " WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS T- WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU PAGE 2 2 2 2 3 3 3 5 6 O 2013Liiberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 Policy#: BK057465702 Wth respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew: 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot-, and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other vaiid and collectib'Ie insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own tl"iat is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do riot apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: 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 an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days-, or (!I) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property age" to contents of -Ll premises rented to you for a period of 7 or fewer consecutive days eSj\ A separate limit of insurance applies to this coverage as describe iXaSection imits, of Insurance. 2013LibertyMutual Insuran e CG 88 10 04 13 Includes copyrighted materia f of insurance Services office, Inc., witt ission. Page 2 of 8 Policy#: BK057465702 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. Z Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5, above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage Afor damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection Sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement, 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the follovving: 9.a. A contract for a lease of premises. However, that porton of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, Smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your promises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following-. (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds, 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $5,00 a day because of time off from work. I G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section 11 - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a,, Your acts or omissions, or the acts or omissions of those acting on your half, in the performance of your on going operations for the additional insured that are t e-, Irbf the written contract or written agreement provided that the "bodily injury" o A damage" occurs or the "per- sonal and advertising injury" is committed, subsequent to the i�Jnn o ' f �,, su en contract or i written agreement; or 2013 Liberty Mutual In ranee CG 88 10 04 13 Includes copyrighted material of insurance Services Office, lnoRiQs permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The me|mtemmnoa, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or pdiUoe| subdivision has issued apmrmit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; ----- (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) |msumnm* applies to premises you nwn, nant, or control but only with respect to the following hazards: (a) The exiutence, ma|ntenumue, a*pu|r, uonatruution, umeotiun, or removal of advertising � aiQne, avvnh0a, canopies, oaNmv entmmnoee, voo| holes, drivewnyo, manhn|ee, marquees, hoist away mpeningm, sidewalk vmm|to, street bannmra, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or . . . (c) The mwnernhip, mo|ntananue, oruse ofany elevators covered by this insurance. However: 1. The insurance afforded to such adMiona| insured only applies to the extent permitted by law-, and Z If coverage provided to the additional insured is required by acuntraut or agreement, the insur- ance neupance afforded to such additional insured will not be broader than that which you are required by � the contract or agreement to provide for such additional insured. With respect to Paragraph 1.e, mbove, m person's or organization's status as an additional insured under this endorsement ends when: (1) All mmrk, including materials, parts o/ equipment furnished in connection with such mmrk, on the project (other than aerv|ce, maintenance or repairs) to be performed by or on behalf of the additional insured(s) aithe location mfthe covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing upemUumm for mprincipu| as part of the aum* project. With respect to Paragraph 1.b. above, o person's or organization's status as an additional insured under this endorsement ends when their whtten contract or written agreement with you for such premises ortaciUiUee ends. � � With respects to Paragraph 1.c. above, this insurance does not apply toany ~ocowrrenoe" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. m The insurance provided by this endorsement applies only if the written contract or written egn*omumt is signed prior to the "bodily injury~ or "property damage"'. We have no duty to defend an additional insured under this endorsement u$fil we receive written notice of o"suit" by the addhona| insured as required in Paragraph b. of Condition 2. Dudes In the Event Of Occurrence, Offensm, C|o|mn Or Suit under Section |V -Comnae,o|a| General Liability Condi- tions. oodi' dmms ��- � � zO13Liberty Mutual Insurance Pohcy4: BK057465702 2, With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section 1: - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured, bu "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) Ali work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed,- or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e.Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy, 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making 1 its'JRI excess, and you , have agreed in a written contract or written agreement to provide the affiof insured coverage rage I on a primary and noncontributory basis, this pollicy shall be primary and vmlwill not seek centrib from the additional insured's policy for damages we cover. 9 0 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 Po|icy#:8K0S746S7U3 lb� The following is added to Paragraph b. Excess Insurance: When owh¢en contract or written agreement, other than epnemioem |wmoe, feoi|idme rental m/ntrmoi or mgreenoemt, an equipment rental or lease contract or agre*m*nt, or permit issued by astmte or political subdivision between you and an additional insured does not require this insurance to be primary or primary and nom-oontributory, this insurance is oxcoao over any other insurance for which the addi- tional insured is designated aoeNamed Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether phmury, exmasa, contingent or on any other basis for which the additional insured has been added aemnadditional insured on other paUo|ee. L /\D0TUCJN/\L INSUREDS - EXTENDED PROTECTION OF YOUR ^L|KD|TS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. � 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim nrSuit: An additional insured under this endorsement will as soon as practicable: Give written notice of "occurrence" or offense that may result in ao|aim o/ "suit" under �� u u � this insurance to um; 5---- b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available tothe additional insured; and c. Agree to nookm available any other insurance which the additional insured has for a|mam we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until � we receive written notice nfu^amit' by the additional insured. 2. The limits of |nounyn#* applicable to the additional insured are those specified in owritten contract or written agreement or the Nm|ta of insurance as stated in the Declarations of this policy and defined in Section H| - Limits of Insurance of this pw|ioy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION -88ANAGEkRENT EMPLOYEES Paragraph 2.a.(1) of Section U -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or noennbena (if you are apahnemhip or joint ventunu), to your members (if you are a limited Uobi||b/ compony), to aoo-~emp|oyee^ while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer � workers" while performing duties related to the conduct of your business; (b) To the apouse, ch[|d, pmrent, brother or sister of that co -"employee" or 'voKuntner worker"' as m consequence of Paragraph (1)(a)obove� � (c) For which them is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. Howevor, if you are not in the business of providing professional health oan» services or providing profes- sional health care ponmmne| to ckhem, or if muwenago for providing professional health car* ser- vices epvicea is not otherwise excluded by separate endorsement, this provision (Paragraph (dl))doesnot app|y. 10 ' Paragraphs (a) and (b) above do not apply to "bodily injury" or "persona &34s�n,%-7ury caused by 'ed hmeans an "employee" who is acting in a supervisory capacity for you. al'ac e the "employee's" job responsibilities assigned by you, includes the direct"'s r ision her "employ- ees" of yours. However, none of these "employees" are insureds for "15"" 1 "personal and 2013 Uberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material cxInsurance Services Office, Inc., with 2uvnniomiop. Page 6 of 8 Poiicy#: BK057465702 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section 11 - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only untilthe expiration of the policy period in which the entity was acquired or formed by you; lb. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization-, and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. 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 or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit:: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in, itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section 11 - Who Is An Insured or a person who has been designated by them to receive reports of '"occurrences offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state, O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from sdclo4hysical injury, sick- ness or disease. @ 2013 Liberty Mutual Insurance CG 88 10 04 13 Inciudes copyrighted material of insurance Services Office, Inc., with its permission. Page 7 of 8 Po|icy#:8KQS74657O2 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the foK1owing: a. Expected Or Intended Injury "Bodily injary~ or "property damage" expected or intended from the standpoint of the insured. This exoKusian does not apply to "bodily injury~ or "property damage" resulting remuUting knnm the use of reasonable force to protect persons or property. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section |V -Commenc|a/ General Liability Conditions, the following is added to Condition O.Trans- fer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against epemon or organization because of payments we � make for injury or damage arising out of your ongoing wpenmMpno or "your work"' done under m contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in vvriMmg in anontrnnt or m8meomoni that you waive such rights against that person or organization; and � 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. @� 203Liberty MutuaInsurance Ru|icy#:AVV3A377777 Various provisions in this restrict coverage. Read the entire policy carefully to detemn�ne rights, duties and what inand ionot covered. Throughout this policy the words "yoo''and 'ymnr' re- fer to e'ferto the Nomad Insured shown in the Declarations. The words '\ve'. "us" and "our' refer to the Company providing this insurance. Other words and pbnoaea that appear in quotation marks have special meaning. Refer to Section V— SECTION|—COVEREDAUTOS Item Two of the Declarations shows the "autos" that are covered ^uubom for each of your coverages. The following mumohoa| symbols describe the "autos" that may becovered "autos' The symbols entered next to a coverage on the Declarations designate the only "'euboa"that are covered "eutms" A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto, Designation Symbols 1 Any "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownersMp of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private passen- Passenger ger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Li - ,Other Than Pri- ability Coverage any "trailers" you don't own while attached to power units you vate Passenger own). This includes those "autos" not of the private passenger type you acquire "Autos" Only of after the policy begins. 5 ..ownership Owned "Autos" Only those "autos" you own that are required to have No -Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those "autos" you FaUlt acquire ownership of after the policy begins provided they are required to have No - Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos"' you own that because of the law in: the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage. This includes those "autos" you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re - 7 Specifically De- Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in con - "Autos" Only nection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your per- sonal affairs. v+J'' CA08D1O3QM §@ ISO Properties, Ino..2DD3 Page 1 of 12 Pmicy#:AVV3A377777 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the definition ment Subject To of "mobile equipmenf' under this policy ifthey were not subject hzacompulsory or Compulsory Or financial responsibility |avv or other motor vehicle insurance law where they are Financial Re- licensed orprincipally garaged. sponsibility Or Other Motor Ve- hicle Insurance B.Owned Autos You Acquire After The Policy Begins 1. If Symbols Y, 3, 3, 4` S. G or 19 are entered next to a coverage in Item Two of the Declara- tions, then you have coverage for ^amtou that you acquire of the type described for the re- mainder of the e-mainderoftha policy period. 2. But, ifSymbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- ageun|yit a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; and b. You tell us within 30 days after you acquire it that you want uatmcover i1for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also cov- ered "autos" for Liabifity Coverage: 1. °Tns0erm with a load capacity of2.008pounds or less designed primarily for travel on public roads. 2. "Mobile equipment' while being carried or towed byacovered "auto". 3. Any "auto" you do not own while used with the permission of its owner as e temporary substi- tute for acovered "auto" you yom mwn that is out of service because afits: a. Breakdown-, b. Repair; o. Servicing; d. "Loss"; or e. Destruction. SECTION U—LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" must pay as damages because of"bodily injury" or "property damage" towhich this insurance applies, caused byam"eooidenf'and resulting from the ownership, maintenance oruse ofecovered "auto" We will also pay all sums an "insured" legally must pay as a "'covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent" and resulting from the ownership, mainte- nance oruse ofcovered "'autoe" However, xvewill only pay for the ''covered poHution cost or ex- pemme"ifthere ia*4her"bodily injury" or"property damage" to which this insurance applies that is caused bythe same ^aooident' We have the right and duty to defend any "in- muned^against a^auif'asking for such damages or a "covered pollution cost orex" However, vvehave noduty hudefend any ''imeumad'`against e "suit" seeking damages for "bodily inju ~ or ^ erty damage" or a "covered pollution, cost or ex- pens,e" to which this insurance does not apply, We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who hoAnInsured The following are "inmuneda^: m. You for any covered "autm" h. Anyone else while using with your permis- sion m covered "auto" you owm, hire mrbor- row except: (1) The owner oranyone else from vvhono you hire or borrow a covered °mubo' This exception does not apply if the covered °auto"ima^tmi|er'connected tm acovered "auto"you own. v/ Page 2nf12 Po|cV#:AVV3A377777 (2) Your "employee" "am±n~ is b. Out -Of -State Coverage Extensions owned bythat "employee" or member While a covered ^amto" is away from the ofhis orher household. state where itialicensed vvewill: (3) Someone using a covered "auto" while (1) |nonoume the Limit of Insurance for Li' he or she is vvoddnQ in a business of mbiU'~ Coverage the limits npeoi' oeUimg, servicing, repairing, parking or fied'' e oompuiaory or financial re- storing "autos" unless that business is sponuibi|ity law of thejurisdiction where yours. the covered "auto" is being used. This WQ Anyone other than your "emp|oyeea", extension does not apply to the limit or partners (if you are e partneship), limits specified by any law governing members (if you are a limited liability motor carriers of passengers or prop - company), or e lessee or borrower or erty. any of their "employees", while moving (�} Provide the minimum amounts and pnopo�yboorfromnauovemad"uuto" h h types of other coverages, such as no - (6) A partner (if you are o partnership), or a fault, required of out-of-state vehicles by member (if you are a limited liability the jurisdiction where the covered ^'outu^ company) for e covered "auto" owned imbeing used. by him or her or m member of his or her We will not pay anyone more than once for household. the same elements of |oao because of o. Anyone liable for the conduct of an "in- these extensions. eured" described above but only tothe e»' B. Exclusions tent ufthat liability. 2., Coverage Extensions This insurance does not apply hoany ofthe follow - in0: a. Supplementary Payments 1. Expected OrIntended Injury We will pay for the "insured": "Bodily injury' or "property damage" expected (1) All expenses weincur. or intended from the standpoint of the "in - (2) Up to $2.O0Ufor cost ofbail bonds (in- aured" cluding bonds for ne|oAmd traffic law vio- 2. Contractual |ationm) required because of an "acui- Liability assumed under any contract oregres+ denf'weoover� �a do not have ment. miahtheme bonds. But this exclusion does not apply to |imbNib/ for (3) The cost of bonds to release attach- damages:, mentaim any "suit" against the ,'iosuned" we defemd, but only for bond amounts a. Assumed in e contract oragreement that ia within our Limit cfInsurance. an "insured contract' provided the "bodily /Q|reasonable expenses incurred bythe injury" or~prqpe�ydom��e'' occurs subse- quent to the execution of the contract or ^ineured^'atour request, including actual agreement; or loss of earnings up to $250 a day be- cause oftime off fromwo�rh, b. That the "insured" would have in the ab - (5) All costs taxed against the "insured" in menceufthe contract oragreement, any "suit" against the "insured" we de' 3. Workers' Compensation fend Any obligation for which the ''imaunyd~ or the (6) All interest on the full amount of any °inmum*d's° insurer may be held liable under judgment that accrues after entry of the any workers' opmpenemtion, disability benefits judgment in any "suit' against the ''in- or unemployment compensation law or any ured''wedefend, but our duty to pay in- similar law. tenemt ends when we have paid. offered 4. Employee Indemnification And Employer's to pay or deposited in court the part of Liability the judgment that is within our Limit of "Bodily injury" to: |nuunmnoa. Thea�paymentyvviNnmt/edmuetheLimitof a. An "employee" of the "insured" arising out Insurance.. ofand inthe course of: 1) E% red''�or Page 3of12 CA 00 01&3 06 ISO propertiem." no..2QO�»���`/^ Po|icV#:XVV3A377777 (2) Performing the duties related huthe con- duct cfthe^ineured\s' buainees� or b. The spouse, ohi|d, pmnent, brother m/sister of that "employee" as a consequence of Paragraph a.above. This exclusion applies: (1) Whether the "insured" may be liable as on employer or in any other mapacitV� and (2) To any obligation to share damages with or repay someone else who must pay damages because ofthe injury. But this exclusion does not apply to "'bodily in- jur/' to domestic "employees" not entitled to workers' compensation benefits o/ to liability assumed by the "insured" under an "insured contract'. For the purposes of the Coverage Form, m domestic "employee" is e person en- gaged in household or domestic vvu/k per- formed epformed principally in connection with e resi- dence premises. mai'denoepnemieeo. "Bodily5. Fellow Employee "insured" arising out of and in the course of the fellow "employee's" employment or while per- forming duties related to the conduct of your 6. Care, Custody C>rControl "Property damage" toor"covered pollution cost or expense" involving property owned or trans- ported by the "insured" or in the °immured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling OfProperty "Bodily injury" or "property dmmeQm�' namu|Ung from the handling cfproperty: e. Before itismoved from the place where itie accepted by the "insured" for tor movememt into oronto the covered "auto"; or b. After itismoved from the covered ''auto''to the place where it is finally delivered by the "insured", Q. Movement OfProperty ByMechanical Device "Bodily injmry" or "property damage" resulting from the movement of property by e mechani- cal device (other than a hand truck) mm|*as the device is attached to the covered "auto". 9. Operations "Bodily injury" m"property damage" arising out mfthe operation of: a. Any equipment listed in Paragraphs 6.b. and 6.0 of the definition of "mobile equip- , ment'�or b. Machinery orequipment that ison, attached to, orpart of, aland vehicle that would qual- ify under the definition of "mobile equip- ment, ifhwere not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where itiulicensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been com- pleted orabandoned. |mthis exclusion, your work means: a. Work or operations performed by you or on your oeman�and b. /Naheria|e, parts or equipment furnished in connection with such work oroperations. Your work includes warranties or representa- tions made at any time with respect to the fit- ness, qua|ity, durability o/performance ufany of the items included in Paragraph m. or h. above. Your work will be deemed completed at the earliest ofthe following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed ifyour contract calls for work atmore than one site. (3) When that part cfthe work done atajob site has been put to its lntamded use by any person or organization other than another contractor or subcontractor working omthe same project, Work that may need service,maintenance, rection, repair or replacement, but which is oth- erwise complete, will be treated as completed. 11. Pollution "Bodily injury" or "property damage"' arising out of the actual, alleged or threatened discharge, dispenaaU, seepage' miQratiom, release or es- cape uf'^poUubsmtm^: a.That are, orthat are contaimedinanyprop- (1) Being traqsported or towed by, handled, or AiOO for movement into, onto or Page 4of12 CA08U1 0388 Q|S{] Properties, Inc., 20 Po|icy#:AVV3A377777 (2) Otherwise in the course of transit by or on behalf ofthe ~ineured~; or (3) Being atured, disposed of, treated or processed in or upon the covered 1. 'auto"; b. Before the ~puUutanbs' or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted bythe ^imeured^for movement into mronto the covered ^muhm''; o/ o. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered '^euto''tothe place where they are finally delivered, disposed of or abandoned bythe ^inauned~ Paragraph a. above does not apply to fuels, |u- bhoenta, f|uido, exhaust gases orother similar °pu||utonta'` that are needed for or result from the normal e|ectriva|, hydraulic or mechanical functioning ofthe covered "auto"orits parts, if: (1) The "pollutants" escape, seep, migrahm, or are discharged, dispersed or re- leased directly from an "auto" part de- signed by its manufacturer to hold, sbora, receive or dispose of such "pol- lutants"'; and (2) The "bodily injury"', "property damage" or "covered pollution cost or se" does not arise out of the operation of any equipment listed in Paragraphs G b. and G.c. of the, definition of "mobile equipment' Paragraphs b. and u. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an ,'im- sured" with respect to "pollutants" not in or upon acovered ^auhm''if: (1) The ''po||utants'orany property inwhich the "puUutanta" are contained are upaet, overturned or damaged as u result of the maintenance or use of a covered ''auto';and (2) The dimoharge, dimpenma|, seepege, mi- gratimm, release or escape, of the "pollut- ants" is caused directly by such upset, overturn ordamage, 12. War "Bodily i damage" arising di- rectly urindirectly out of: o. War, including undeclared or civil war-, b. Warlike action by a military fonce, including action imhindering ordefending agaimstun ootuo| or expected attack, by any gnve,n- mnamt, sovereign or other authority using m—ni+x~nr nrer~nn^np| orother nnvent&.o, c . Insurrection, un . rebellion, . revolution, n . uu uq »ed pmwer, or action taken by governmental au- Uhority in hindering or defending against any of these. 13. Racing Covered "autoo~while used inany professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such acontest uractivity. C. Limit Of Insurance Regardless of the number ofcovered ^outos.~in- uupeda^, premiums paid, claims made or vehicles involved in the"accident", the most we will pay for the total of all damages and "covered pollution coet or expense" combined, resulting from any one "accident" is the Limit ofInsurance for Liability Coverage shown imthe Declarations. All "bodily injury", damage" and "covered pollution cost or expense" resulting from continu- ous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this Coverage Form and any Medical PaymentaCov- enaQm Endorsement, Uninsured Motorists Cover- age Endorsement or Underinsured over-ogeEndoraementor0nderinswnad WutoristoCov- erage Endorsement attached to this Coverage Part.SECTION U}— PHYSICAL DAMAGE COVERAGE A. Coverage 1. We, will pay for "|nma"tm a covered "auto"or its equipment under: m. Comprehensive Coverage From any cause except: (1) The omvmnmd "auto's" collision with an- other object; n- ot erob]eot; or (2) The covered "muio's"overturn, b. Specified Causes JfLoss Coverage Caused t� (1) Fire, lightning orexp|oaion� (2)Theft; (%) Windstorm, hail orearthquake; (4) Flood(6) Mischief or vandalism; or ; (6) The sinking, burning, collision nrderail- ment of any conveyance transporting eoovened :'auto". e.6 V" - \ C&00 01 03 06 0 |SC) Properties, llnwol,e05 S" �— c, Collision Coverage Caused by: (1) The covered "'auto's" collision with an- other objeot�or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Decla- rations for towing and labor costs incurred each time covered "auto" of the private pas- senger typo is disabled. However, the labor must beperformed atthe place ofdisablement, 3. Glass Breakage Hitting ABird OrAnimal — Failing Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto°, we will pay forth* fo|[ow�mgunder Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting e bind or animal; and c. ^Loes" caused byfalling objects ormissiles. However, you have the option of having glass breakage caused by a covered ''muto's" ooNi- einn or overturn considered a ^'|mau" underCo|- ||sion Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day tommaxi- mum cf $6DOfor temporary transportation expense incurred byyou because ofthe to- tal theft of a covered "auto'^ of the private passenger type, We will pay only for those covered "autos" for which you oanV either Comprehensive or Specified Causes of Loss Cove/age. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless ofthe po|iuy'aexpi- netion. when the covered ^amto~ is returned touse orw/epay for its "|omm" b. Loss Of Use Expenses For Hired Auto Physical Damage,will pay expenses for which an "insured" be- comes legally responsible to pay for loss mf use of e vehicle rented or hired without a driver, under e vvdtten rental contract or agreement We will pay for loss of use ex- penses ifcaused by: (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto" However' the most we will pay for any ex- pemseafor loss of use is $20 per day, to a maximum of$8OO B. Exclusions 1. We will not pay for ^bms' caused hng from any of the following. S"loss" is cluded regardless of any other cause or event that contributes concurrently or in any se- quence to the "loss". a. Nuclear Hazard (1) The explosion of any employing atomic fission or fusion-. or (2) Nuclear reaction or radiation, or radioac- tive contamination, however caused. adimeodveoontaminotion.howavaroauaed. b. War OrMilitary Action (1) War, including undeclared or civil war; (2,) Warlike action by o military force, includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign or other au- thority using military personnel or other agents; or (3) Insurrection, rabeNimn, revcdutiun, usurped power oraction taken by gov- ernmental authority in hindering or de- fending against any of these. e'fendimQeQaimotenymftheem. 2. We will not pay for ~lons,tmany covered "auto" while used in any professional or organized racing or demolition contest orstunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered ^omto~ while that covered ^amto" is being pre- pared for such acontest oractivity. 3. We will not pay for "loss" caused by or result- ing from any of the following unless caused by other ~loas"that imcovered bythis insurance: m. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures orother road damage to tires. ���w�m������e���nyu[��i��� (1) Other than collision only if the Oe�a�+ domaindicate that Comprehensive Cov ing: eraHo is provided for any covered a. Tapes, records, discs orother similar audio, "auto"; visual or data electronic devices designed for ith audi visual or data electronic ' Page 6of12 CA 001 01 O�3 06 C ISO Properties, Inc., 2 1P��`` b Any device designed or used to detect speed measuring equipment such eo radar orlaser detectors and any jamming appara- tus intended to etude or disrupt speed measurement equipment. c. Any electronic equ�pment, without regard to whether this equipment is permanently in- sta||ed, that receives or transmits audio, visual or data signals and that is not de- signed solely for the reproduction of sound. d. Any accessories used with the electronic equipment described in Paragraph u. above. Exclusions 4.u,and 4.d.donot apply to: m. Equipment designed solely for the repro- duction of sound and accessories used with epro-duotipnofeoundandmooeeeuhesunedvvith such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit m/Nioh is permanently installed in the cov- ered "auto" at the time of the "loss", and such equipment is designed to be mo|m[y operated by use of the power from the "auto's" electrical aystem, in or upon the covered "auto"; or b.Any other electronic equipment that is: (1) Necessary for the normal operation of the covered ''aubo'` or the monitoring of the covered "auto's" operating system; or (2) An integral part mfthe same unit housing any mound reproducing equipment de- scribed in Paragraph m.above and per- manently installed in the opening of the dash or console of the covered "auto" normally used by the muanuhacture, for installation of radio. 5. We will not pay for "loss" toocovered "auto" due to "diminution in value". 0. Limit Of Insurance 1. The most we will pay for "loam" in any one "ac- cident" is the lesser of: a. The actual cash we|ua of the damaged or stolen property as of the time of the 'luse''; or b. The cost ofrepairing ormyplaomgthe dam- aged or stolen property with other property oflike kind and quality. 2. An ad]uetm*mt for depreciation and physical condition will be made in determining actual cash value Imthe event ofatotal ^|oss^ 3. If repair or replacement results in better than like kind or quality, we will not pay for the amount ofthe betterment, D. Deductible For each covered "amto', our obligation to pay for, repair, return or replace damaged or stolen prop- erty will napertywiN be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply hm~|oos`caused byfire orlightning. SECTION |V—BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical: Damage Loss |fyou and medisagree onthe amount of"loss". either may demand an appraisal ofthe "loea" |nthis event, each party will select aoompetemt appraiser. The two appraisers will a*|out a competent and impartial umpire. The apprais- ers will state separately the actual cash vaIue and amount of "loss". If they fail to eAnae, they will submit their diffmnmmoeo to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appmmisu|, we will still retain our right todeny the claim. 2. Duties |nThe Event OfAccident, Claim, Suit Or Loss We have no dub/ to provide coverage under this policy unless there has been full oommph- anoevvith the following duties: m. In the event of "accidemt` claim, "suit" or ^|oss^, you must give us orour authorized representative prompt mcAioy of the '`ooci- dent'or''Uoam" Include: (1) How, when and where the "accident'mr "loss" occurred; (2) The "imsumed',"name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additiona||y, you and any other involved "insured" must: (1) Assume no ob|igebon, make no pay- memt or incur no expense without our conse,�i,,)Mbept at the '`inmumd"m" own Page 7 of 12 CA 00 01 03 06 C|SO Properties, Inc., 2005 \~` Pm|cy4:4VV3A377777 (2) Immediately send us copies of any re- quest, demand, order, notice, summons or legal paper received concerning the claim nr^'suit' CN Cooperate with us in the investigation or settlement of the claim or defense against the ~suit' (4) Authorize us to obtain medical neoomje or other pertinent information. (5) Submit tuexamination, utour expense, by physicians ofour choice, as often as we reasonably require. c. If there is "loss" to m covered "auto" or its equipment you must also dothe following: (1) Promptly notify the police if the cmwonad "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered ^'auto" from further damage. Also keep arecord ofyour expenses for consideration in the settlement of the claim. (3) Permit um to inspect the covered "auto" and records proving the "|oas' before its repair ordisposition, (4) Agree tmexaminations under, oath atour request and give us e signed statement ofyour answers. 3. Legal Action Against Us Noone may bring legal action against waun- der this Coverage Form until: e. There has been full compliance with all the hsrnou ofthis Coverage Form; and b. Under Liability Coverage, we agree in writ- ing that the ^insuned" has an obligation to pay or until the amount of that obligation has finally been determined byjudgment af- ter tria|. No one has the right under this pol- icy to bring us into an action to determine the "insured's" liability. 4.Loss Payment — Physical Damage Coverages Atour option we may: a. Pay for, repairmr replace damaged or sto- len b. Return the stolen property, at our We will pay for any damage that results to the ^autf'from the theft; ar G. Take all or any part of the damaged or sto- len property at an agreed or appraised value. If we pay for the '1ooe^, our payment will in- clude the applicable sales tax for the damaged orstolen property. 5. Transfer 0fRights OfRecowmryAgainst Others TwUo |fany person ororganization 0oorfor whom vve make payment under this Coverage Form has rights to recover damages from amother, those rights are transferred to um. That person or or- ganization pgenizatiom must do everything necessary to secure our rights and must do nothing after .'accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the ^ineunad'x^ estate will not relieve uuofany obligations under this Coverage Form, Z Concealment, Misrepresentation OrFraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", atany time, intentionaUyoon- oeu| or misrepresent a material taotcomoern- mg: a. This Coverage Form; b. The covered "au1o"; u. Your interest in the covered "auto"; or d. Aclaim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without aoomPnm| premium charge, your policy will automatically provide the additional coverage aaufthe day the revi- sion is effective in your state. 4. NnBenofitTwBml|oe—PbysUco|Dmmnmge Coverages We will not recognize any assignment orgrant any coverage for the benefit ofany person or organization hn|ding, storing or transporting property for m fee regardless of any other pro- vision cfthis Coverage Form, v+!' Page 8 of 12 xP CA 00 01 03 06 QiS0 Properties, Inc., 2005 M/Ucy# AVV3A377777 5. Other Insurance 7. Policy Period, Coverage Territory m. For any covered "auto" you own. this Cov- Under this ComamsQe Fmnn, we cover '^aooi- erege Form provides primary insurance. dents" and °|ommea"occurring: For any covered "auto" you don't ovvn, the a. During the policy period shown in the Dec - insurance provided by this Coverage Form [arationaamd ' is oxoema over any other collectible insur- ance.However, while a covered ''auk/' b. Within the coverage territory. which is a "trailer" is connected to another The coverage territory is: vehicle, the Liability Coverage this �mvo� a. Th�United Ste�sofAmehoa� ageFormprovideeforthe'trai|e/'i�� ` (1) Exoeoaxvh]�ei�isoonnec�ed toa motor bThe territories and possessions of the ' United States ofAmerios� vehicle you do not own. ' (2) Primary while it is connected to e oov- �' Puerto Rico; en*d^auto^you own. d. Conmde;and b. For Hired Auto Physical Damage Coverage, e. Anywhere inthe world if: any covered ^auto" you |eaee, hire, rent or (1) A covered "auto" of the privateasen- borrow is deemed to be a covered "auto" ger type is leased, hired, rented or bor- you own. However, any "auto" that is rowed without adriver for aperiod of30 |eased, hired, rented or borrowed with a days orless; and driver ienot acovered "aubo' . (2) The "inyurnd'a" responsibility to pay c. Regardless of the provisions of Paragraph damages iedetermined ima'^suit'omthe a. above. this Coverage Form's Liability merits, in the United States of America, Coverage in primary for any liability en- the territories and pmaaommiomm of the eumedunder an"insured c#ntroct" United States of America, Puerto Rico, d. When this Coverage Form and any other or Canada or in a settlement weagree Coverage Form or policy covers on the to. aunne basis, either excess or primary, we We also cover "|oou°to, ur"amcidenta" invm|v- vvi|| pay only our share. Our share is the ing, a covered "muto'`while being transported proportion that the Limit ofInsurance ofour between any ofthese places. CuverogeFormbearotothetota|oftha|im- Twv�(�rK0op* Coverage Fnnn���rPp|icie� its of all the Coverage Forms and policies Issued U��oe����� covering onthe eamnebasis. 6. Pmnnniurn Audit If this Coverage Form and any other Coverage Form or poQcy issued to you by um urany omm' a. The estimated premium for this Coverage pany affiliated with us apply tothe same ^aooi' Form is based on the, exposures you told us dent,, the aggregate maximum Limit of |nmup yoummu|dhemavvhantbiopolioybeAan.Vle enceunder all the Coverage Forms orpolicies will compute the final premium due when shall not exceed the highest applicable Limit of we determine your actual exposures. The Insurance under any one Coverage Form or estimated total premium will be credited policy. This condition does not apply to any against the final premium due and the first Coverage Form or policy issued by uaoran af- Named Insured will be billed for the bel- filiated company specifically toapply oaexcess enca, if any. The due date for the final pro- insurance over this Coverage Form. miumn or retrospective premium is the dohm � SECTION V— DEFINITIONS shown as the due date on the bill. If the es- timated total premium exceeds the final A. '^Aooidemf' includes continuous orrepeated expo - premium due, the first Wmnoed Insured will sure tothe same conditions nmau|tim0 in "bodily in - get o refund. jury' or "property damage". b. If this policy is issued for more than one B. '"Auto" means: year, the premium for this Coverage Form 1. A land motor vehicle, "trailer" or semitrailer de - will be computed annually based on our signed for travel onpublic roade�or rates or premiums in effect at the beginning ofeach year ofthe policy. w8wf12 CA 0001 03 016 @ IS{) Properties, Inc., 2005 \�^ ' 2. Any other landwehiclthat is subject to a com- pulsory or financial res mm-pu|soryorhmencia|rea ibi|hyKamoruther motor vehicle insurance law vvhen* it is li- censed or principally garaged. i-oemsedmrphncipaUyganoged. However, "auto" does doem not include "mobile equip- ment' C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including! death re- sulting from any of these, +no|timgfromunyufUhese, D. "Covered pollution cost or expense/' means any cost orexpense arising out of: 1. Any request, dnmend, order or statutory or regulatory requirement that any "insured" or others test for, monihor, clean up, namove, oon- haim, tneat, detoxify or neutxy|ize, or in any way respond to, or assess the effects of "pollut- ants"; or 3. Any claim or "suit" by or on behalf mfa gov- ernmental authority for damages because of testing for, monitmhng, o|eamimQ mp, remouinQ, oonbainin0, treating, detoxifying or neutra|izin@, or in any way responding to or assessing the effects mf°po|Uutamtm" "Covered pollution cost mrexpense" does not in- clude any cost or expense arising out of the ao' tua|, alleged or threatened discharge, dispersal, uoopago, rmigratinn, release or escape of"pollut- ants": m. That are, or that are contained in any prop- erty that is: (i) Being transported ortowed by, hand|ed, or handled for movement into, onto or from the covered ^'auto''; (2) Otherwise in the course oftransit by or ombehalf ofthe '1nsuned~� . (3) Being stonsd, disposed of, treated or processed in or upon the covered "auto"' b. Before the "pollutants"' or any property in which the "pollutants" are contained are moved from the place vvhenm they are ac- cepted by the "insured" for movement into oronto the covered ^aubu~; or o. After the "pollutants" or any property in whch the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed Vf orabandoned bythe ^innumed^ Paragraph m.above does not apply bofuels, |u- bhoants. fluids, exhaust gases orother simQar "pollutants" that are needed for or naau|t from the nomne| e|mnthma|, hydraulic or mechanical functioning ofthe covered ''emto"orits parts, if: (1) The "pollutants" emuape, aeep, migxste, or are discharged, dispersed or re- leased directly from an "auto" part de- signed by its manufacturer to ho|d, store, receive or dispose of such "pol- lutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph G.b. or 6.c. of the definition of "mobile equip- ment". Paragraphs b. and o. above do not apply to "accidents" that occur away from premises owned bymrrented to an^immuned^with respect to ~po|i!utsnte" not in or upon m covered "auto" if� (1) The °po|lutants'orany property in which the "pollutants" are contained are ups*t, overturned or damaged as a result of the maintenance or use of o covered "auto"; and (2) The d|scharge, disperaa|, seepage, mi- gratiun, release o/escape cf the "po||ut- ants" is caused &moNy by such upset, overturn ordamage E. °Diminufimn in va|ue" means the actual or per- ceived epceivod |oma in market value orresale value which results from o direct and accidental ^Koay^ F. ^E includes m "leased worker". "Em- ployee" does not include a "temporary worker". Em'pUmyee^Uoeunotimdudea"temporarywmrker". G. "Insured" means any organizationquali- fying an insured in the Who Is An Insured pro- vision n*v|eion of the applicable coverage. Except with re- spect to the Limit ofInsurance, the coverage af- forded applies separately toeach insured who is seeking coverage or against whom a claim or ^'suif'iebrought. H. ~|nsuredoontnant means: 1. /\ lease ofpremises; 2. Asidetrack agreement; 1 Any easement orlicense agreement, except in connection with construction urdemmo|lt[on op- erationson or within 50feet nfe nmi[namd- CA 00 01 03 06 0 ISO Properties, Inc., 2005 Page 10 of 12 CA 00 01 03 06 @ ISO Properties, Inc., 2005 Pu|�cy#:AVV3A377777 � An obligation, as required by ordinance, to in- demnify e mmunicipuUty, except in connection with work for a mun�oipahty� 5� That part cf any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with mmdh performed for m municipality) under which you assume the tort liability ofanother to pay for "bodily injuny" or "property damage" to a third party or organization. Tort |iabiQty means o liability that would be imposed by law in the absence of any contract or agreement-, 6. That part ofany contract oragreement entered into, as part ofyour business, pertaining to the rental or |eooe' by you or any of your ''annp|oy- eem''. ofany "awto" However, such contract or agreement shall not beconsidered mm"insured contract' to the extent that it obligates you or any ofyour "emp|uyaem" to pay for "property damage" to any "auto" rented or leased by you orany ofyour '`emp|oyeea~ An"insured contract" does not include that part mf any contractor agreement: a. That indemnifies a railroad for "bodily in- jury' or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affect- ing any railroad bridge or trast|e, tnaoke, roadbedm, tumnei, underpass orcrossing; or b. That pertains to the |oan. Aemam or rental of an "auto" to you or any of your "ennp|my- ees^', if the ''auhz^ is loaned, leased or rented with adrivoror ' c. That holds s person or organization en- gaged inthe business oftransporting prop- erty by"ouhm"hmrhireherm|esafmryouruee of covered "auto" over a route or territory that person ororganization isauthorized to serve bypublic authority. |. "Leased worker' means aperson leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct ofyour business. "Leased worker" does not include e"temporary vvorke/' J. "Loss" means direct and accidental loss or dam- age. K. "Mobile equipment" means any, of the following types of land vehicles, including any attached ma- chinery or equipment: 1. Bu||dmcery, farm maohinery, forklifts and other vehicles designed for use principally off public 3, Vehicles that travel on crawler treads-, 4` Vehiclea, whether ed or not, main- tained primarily to provide mobility to perma- nentlymoum0ad: a. Power cranes, uhmve|a. |oedems, diggers or drills; or b. Road construction or resurfacing equipment such aagraders, scrapers orrollers. 5. Vehicles not described in Paragraph 1., 2, 1, or 4. above that are not self-propelled and are maintained primarily to provide mobility to per- manently attached equipment of the following types: m. Air compremumna, pumps nd generators, including aprey\ng, vveidinQ, building clean- imQ, geophysical exploration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise mrlower workers. S. Vehicles not described in Paragraph 1 2 1 or 4. above maiintained primarily for purposes other than the transportation of persons or cargo, However, self-propelled vehicles with the fohowing types of permanently attached equipment are not "mobile equipment" but will be considered "autos": a. Equipment designed primarily for: (i) Snow removal-. (2) Road meintenanoe, but not construction orresurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile ortruck chassis and used to raise orlower workers; and u. Air oompneeaoro, pumps and generators, including spnyying, vve[ding, bu#ding clean- ing, geophysical exp|omatimn. lighting orwell servicing equipment. However, "mobile equipment' does not include land vehicles that are subject toa compulsory or financial responsibility law or other motor vehicle insurance law vvhooe it is |ioomaod or principally garaged. Land vehicles subject 0omcompulsory mr financial responsibility law or other motor vehicle insurance law are considered ''amtoa^ L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or oomtaminunt, including amuke, vapor, soot' fumes, ecidn, a|ka|im, ohmmiom|u and waste, VVooba includes materials to be recycled, reconditioned orreclaimed. 2.Vehicles maintained for use solely on or next to M. "Property damage" means damage toorloss of premises you own ornent� use uftangible property. �~� ~ Page 11of12, ` CA 00 01 03 06 C ISO Properties, Inc., 200 1 Policy#: AW3A377777 N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "prop- erty damage"; or 2. A "covered pollution cost or expense", to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or ex- penses" are claimed and to which the "in- sured" must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages or "cov- ered pollution costs or expenses" are claimed and to which the insured submits with our consent. 0. "Temporary worker"' means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. P. '"Trailer"" includes semitrailer. Page 12 of 12 CA 00 01 03 06 0 ISO Properties, Inc., 2000 r, 0 DATE (MM100iYYYY) AC"R" CERTIFICATE OF LIABILITY INSURANCE (►�' 2/21/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW., THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Robin Holloway INSR -_- .......- ..----AODL SUER_... ......- _.. LTR TYPE OF INSURANCE POLICY NUMBER Insurance Solutions PHONE (949)548-7400 FAX (AIC, No, Ext): (A1C, No): (349) 348-2373 License #0746539 E-MAIL ADDRESS: RobinH@ins—solutions.com 33302 Valle Rd., 'Shite 200 INSURER(S) AFFORDING COVERAGE NAIC4 San Juan Capistrano CA 92',675 ..... INSURERA:The Ohio Casualty Insurance Company 24074 INSURED INSURER B :A11121ariCa.. Financial Benefit --. 41840 Professional Sports Field Maintenance Inc INSURER C: American Fire and Casualty Company 24066 23 Emerald Gln INSURERD:State Comp Ins Fund 35076 I I I n � 1: I✓ �q, _ u / INSURER E: _ Laguna Niguel CA 92677 INSURER F : COVERAGES CERTIFICATE NUMBER:1.7-18 WC renewal. RFVIRlrtN NI II11IRFIQ" 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, EXCLUSION'S AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -_- .......- ..----AODL SUER_... ......- _.. LTR TYPE OF INSURANCE POLICY NUMBER .._POLICY EFF POLICY EXP ..... ..._.. -_-- (MLIMITSMMIDOIYYYY LIMITS _.._. X COMMERCIAL GENERAL (LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE X OCCUR -- --- - (DAMAGE TO RENTED PREMISES (Ea occurrence) $........ 500 , 000 ... _.. ......... ..._. _-. BK057465702 7,0/1/2016 10/7./201.7 MED EXP (Any one person) $ 15,000 . ..._. PERSONAL & ADV INJURY $ 1,000,000 (3FN'L. AGGREGATE LIMIT APPLIES PERS GENERAL. AGGREGATE $ 21,000,000 X POLICY _ PRO- JECT LOC PRODUCTS -COMPfOPAGO $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE. LIMIT $ 1,000,000 ........ (Eaaccidenl)__ ......... , B X..... ANY AUTO _... BODILY INJURY (Per personl $ ATOS AUTOS SCHEDULED ...... AUTOS AUTOS AW3A3.7..777.7 8/26/2016 9126/707.7 BODILY INJURY (Per acadent).$........ HIRED AUTOSNON-OWNED _ AUTOS PROPERTYDAMAGE._... $ .(Per awdenl)... ........ . Uninsured motorist combined $ 300,000 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 2,000,000 CL.AI..MS-MADE. C EXCESS LIAR _... -_. .. AGGREGATE $ 2,000,000 DED RETENTIION$ ESA57465702 10/1/2016 1.0/7./2017 $, WORKERS COMPENSATION.... x PER AND EMPLOYERS' LIABILITY Y i N STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE .... OFFICER/MEMBER EXCLUDED? N1 1A FL EACH ACCIDENT $ .... _. 1, 000, 000. --0 D (Mandatary in NH) 1620476--2.01.7 2/26/2017 2/26/2018 EL 06EASE - EA EMPLOYEE $ 1,000,000 If yes„ describe under. .... _...---. DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY' LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS d LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached i6 more space i r d) The City of Santa Ana, it's officers, employees, agents, and represent,�ue are included as additional insured per the attached endorsement. \" \\ s..crcumr-KIIAIcnVLI I UANI;tICLAtIU'N '^ (714)647-6944 SCUEVAS@SANTA-ANA.ORG City of Santa; Ana Attn: Purchasing Department 20 Civic Center Plaza Santa Ana, CA 92701 ACORD 25 (2014/01) INS025lanuni i 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 Alessandra/PETERS-4'w7 Q 1988-2014 ACORD CORPORATION(. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance providedunder the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 8 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 8 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -r 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU rs U 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc„ with its permission, Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement, A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: ll. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2, Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long-, and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3,), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section: I - Coverage A - Bodily Injury and Property Damage Liability: a, The fourth from the Iast paragraph of exclusion j. Damage To Property is replaced by the follow- ing: 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 an automatic fire protection system) to: (I) Premises rented to you for a period of 7 or fewer consecutive days-, or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. e6 Paragraphs (1), (3) and (4) of this exclusion do not apply to ""prom damage"' )J ntents of premises rented to you for a period of 7 or fewer consecutive dal# -e I- A racv A separate limit of insurance applies to this coverage as clescribed—I , kkLimits of Insurance. 4 2013Uberty Mutual Insurance CG 88 1110 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b, The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 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: a. Any one premise:� (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement, 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the followiing: 9.a. A contract for a lease of premises, However, that portion of the contract for a lease of premises that indemnifies any person or organization, for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental: or lease agreement, is not an "insured contract", E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident-, and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -,BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section 11 -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: �,i " a. Your acts or omissions, or the acts or omissions of those acting on your by in the perfor e of your on going operations for the additional insured that are the su rthL writtgn ract or written agreement provided that the "bodily injury" or "property the Qc, ur q e "per- sonal and advertising injury" is committed, subsequent to the signing o., suc t, c ct or written agreement; or 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b Premises or facilities rented by you or used by you; or c, The mmintenmmce, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or poUdom| subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury''. "property damage", or "personal and ad- vertising injury" arising out ofthe operations performed for the state orpolitical subdivision-, ---- 1(2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to pnmnninno you nwn, rent or control but only with respect tothe following hazandm (a) The existence, maintenanoe, repair, uanmtmuhon, anection, or removal of advertising nigna, mvvninge, nmnopiee, cellar entrmmnam, coal ho|es, driveways, manholes, marquees, hoist away wpemingo, sidewalk vaults, street banners, or decorations and similar expo- sures; o/ ---- (b) The construction, erection, or removal ofe|evatuna�. or . . (c) The ownership, maintenance, wruse ofany elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by|aw� and 2. If coverage provided to the additional insured is required by contract or agreement' the insur- ance neupamoe afforded to such additional insured will not be broader than that which you are required by � the contract or agreement to provide for such additional insured. With respect to Paragraph n.a. obavo, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including nua&eria|m, parts or equipment furnished in oomnooNan with such xvork, on the project (other than semioe, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work~ out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for e principal as part of the same project. With n*apaut to Paragraph 1.1b. above, a person's or organization's status as an additional immured under this endorsement ends when their written, contract or written agreement with you for such premises or facilities ends. � � Withrespects to Paragraph I.c.mbove' this insurance does not apply 0zany ~ucournenue^ which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. � The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily irjury' or "property damage', We have no duty to defend an additional insured under this endorsement until we receive written notice of a1ouit" by the additional insured as required in Paragraph b. of Condition %. Duties In the Event Of Occurrence, O�ffenee, Claim Or Suit under Section |V -Commmemc|a| General LiabU|ty Cmnd|- m oU13Liberty Mutual Insurance ' CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, ]m,with its permission. Page 4of8 1 With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section, I - Coverage A - Bodily Injury And Property Damage Liability: This, insurance does not apply to: e. ~Bodily injuryr or "property dmmuAu~ arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that mcowm prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. u. "Bodily injury". "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional mrchiteotumd, engineering or amrmaymg services, including: (1) The propuhng, approving, or failing to prepare or approve, mepn, shop drawings, opiniona, repmrte, uumeya, field ordem, change orders or drawings and specifications: or (2) Supervisory, inopeoMon, architectural or engineering activities. This exnuaion epp|4m even if the claims against any insured allege negligence or other wrongdoing in the mupmrvinion, hiring, employment, training or monitoring of others by that insuned, if the "'occur- rence" which caused the "bodily injury' or "property danmmQo^, or the offense which caused the °pmrmmnm| and advertising injury", involved the rendering of, or the failure to rendmr, any professional an:hiheouro|, enginaohng or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including meteha|s, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)atthe location ofthe covered operations has been completed; or (2) That portion of "your work" out of which the injury or, damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. *. Any person or organization specifically designated as an mddtionn| insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy, 3. With respect to the imammnoe afforded to these additional inauneds, the following iooddod to Seor|uo U| - Limits OfInsurance: If coverage provided to the additional insured is required by eoomtract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract oragreement" or b. Avuikstile under the applicable Limits of Insurance shown in the Declarations; whichever is less. � n This endorsement shall not increase the applicable Lirnha of Insurance shown in the DecaraUm ns. H. PRIMARY AND N[»N'CDNTR{BUTQRY ADDITIONAL INSURED EXTENSION This provision nppd|am to any person or organization who qualifies as an additional insured under any form o or endorsement under this policy. ' \ Condition 4. Other Insurance of SECTION |V 'COMRnERCU/\L GENERAL LIABILITY CONDITIONS is amend- ed a. The following is added to Paragraph a. Primary Insurance: ^+�. If an additional imaured's policy has an Other Insurance provision making itm have agreed in avmittem contract o/ written agreement to provide the ddi�ko i primary and noncontributory bam�ia, this policy shall be primary and we i|[ om the additional inaurad'o policy for damages we cover. �D 2013Liberty Mutual Insurance b. The following is added to Paragraph b Excess Insurance: When awhtton contract or written agreement, other than apremiaee |ease, hac|idne rental contract or aAre*ment, an equipment rental or lease contract or agreemmnt, or permit iaea*d byustate or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non'cmmtribu0zry, this insurance is excess over any other insurance for which the addi- tional insured is designated asmNamed |mounyd. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the ---- additional insured has been added mvanadditional insured on other policies. |. ADDITIONAL INSUREDS - EXTENDED PROTECTION OFYOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following imadded toCondition 2.Duties |mThe Event OfOccurrence, Offense, Claim orSu!|t: An additional insured under this endorsement will as soon as practicable: a. Give written notice ofan^000urranom^ or an offense that may result in mokainm or "suit" under � this insurance to us-, b� Tender the defense and indemnity of any n|oinn or "suit" to all insurers whom also have insurance evei|mb|o k/the additional insured; and c. Agree to make available any other insurance which the additional insured has for m|ooa we cover under this Coverage Pah. d. We have no duty to defend or indemnify an additional insured under this endorsement umd| � we receive written notice ofa~auiY' by the additional insured. 2. The limits of insurance applicable to the addionna| insured are those specified in awritt*n contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section |N ~ Limits of Insurance of this policy, whichever are less. These Umite aro inclusive of and not in addition to the limits of insurance available under this policy. J. WHO |SANINSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.m.(1) of Section || -Who Is An Insured is replaced with the following: (1) ''0ndiiy imjwry^ or "personal and advertising injury": (m) To you, to your partners or members (if you are a partnership or joint ven1uma), to your members (if you are a limited liability company), to aoo4mmp|oyee" while in the course of his or her empiloy' � men( or performing duties related to the conduct of your bumimmoa, or to your other "volunteer � workers" while performing duties related to, the conduct of your business-, (m) To the spoume, ohi|d, pamnt, brother or sister of that co -"employee" or "volunteer worker" as consequence of Paragraph (1)(a)above, (c) For which there is any obligation to ahena damages with or repay someone n|ae who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above-, or (d) Arising out of his or her providing or failing to provide professional health care services. Hmwever, if you are not in the business of providing professional health care services or providing profes- sional vices is not otherwise excluded by separate endorsement, this provi,� 14�aph (d)) do t apply- IV' Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and adverti,�i ?%used by an "employee" who is acting in a supervisory capacity for you. Supervisory c acity re the "employee's" job responsibilities assigned by you, includes the direct su employ- ees" of yours. However, none of these "employees" are insureds for personal and (9� 2013 Liberty Mutual Insurance advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section 11 - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; lb. Coverage A does not apply to "bodily injury" or "'property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. & Records and descriptions of operations must be maintained by the first Named Insured. 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 or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6, Repre- sentations- Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2, Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section It - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. TS16111MAN yA;4;Aq4JfkTff p] Under Section V - Definitions, Definition 3. is replaced by the following: 3. "'Bodily Injury" means physical injury, sickness or disease sustained by a pe rt his includ mental anguish, mental injury, shock, fright or death that results from s ys,ical injury, ness or disease. Cs 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the ""products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization: and 1 The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. Q 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance ServNces Office, Inc„ WA its permission. Page 8 of 8 Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" re- fer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words, and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. 61_a_"11q1k1EM Item Two of the Declarations shows the "autos"' that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 2 Owned "Autos" Only those "autos"' you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private passen- Passenger ger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Li - Other Than Pri- ability Coverage any "trailers" you don't own while attached to power units you vate Passenger own). This includes those "autos" not of the private passenger type you acquire 11 "Autos" Only ownership of after the policy begins. 6 Owned "Autos" Only those "autos" you own that are required to have No -Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those "autos" you Fault acquire ownership of after the policy begins provided they are required to have No - Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage. This includes those "autos" you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re- ists Law quirement. 7 Specifically De- OMy those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any "trailers" you don't own I while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "'auto" Only you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in con - "'Autos" Only nection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your (business or your per- sonal affairs. CA 00 01 03 06 0 ISO Properties, Inc., 2005 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the definition ment Subject To of "mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are Financial Re- licensed or principally garaged. sponsibility Or Other Motor Ve- hicle Insurance Law Only --- B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declara- tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the policy period. 2. But, if Symbol T is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- age only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; and b. You tell us within 30 days after you acquire it that you want us to cover it for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its.- a. ts: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. SECTION II —LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent" and resulting from the ownership, mainte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "in- sured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. � .6 .. el ' Page 2 of 12 CA 00 01 03 06 0 ISO Properties, Inc., 2005 (2) Your "'employee""auto" is owned oythat emp/oyee" ora member cfhis nrher household. (3) Someone using e covered "auto" while he or she is working in m business of seUing, servicing, repairing, parking or storing "mutoo" on|eou that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability onxnpany), or e lessee or borrower or any of their '`emp|oyeee", while moving property toorfrom acovered ^euto" (G) A partner (if you are a partnmrmhip), or member (if you are e limited liability company) for e covered ^aubi' owned by him or her or member of his o/ her household. c. Anyone liable for the conduct of an "in- sured" described above but only tmthe extent of that liability - 2. Coverage Extensions a. Supplementary Payments VVewill pay for the "insupmd": (1) All expenses we incur. (2)Upto $2,000 for cost nfbail bonds (in- ducUn0 bonds for related traffic law vio- lations) required because of an "acci- dent' we aoci-demt'xvm cover. We do not have tmfur- nish theeebonde. (3) The cost of bonds to release attach- ments in any "suit" against the ^inauoad" we defemd, but only for bond amounts within our Limit cfInsurance. (4) All reasonable expenses incurred, bythe "inmuoad"atour request, including actual loss ofearnings upto$25Oe day be- cause of time off e,caueeofdmeoff from work. (S) All costs taxed against the "insured" in any ^suh"against the ^insumsd°wede- (6) All interest on the full amiounit of any �dgmen that accrues after ent�of�e �mdgmen in any "suit' against the "im- aunad"medefend, but our duty pay in- terest ends when we have paid' offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of |maunanoa. b. Out -Of -State Coverage Extensions VVhi|* m covered "auto" is away from the state where it is licensed we will: (1) Increase the L�mh of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory or financial re- sponsibility law ofthe jurisdiction where the covered ~auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carders of passengers or prop~ (2) Provide the minimum amounts and types of other comenagem, such as no- hmu|t, required ofomt-of-absbavehicles by the jurisdiction where the covered "auto" iebeing used. We will not pay anyone more than once for the same elements of |ooa because of these extensions, This insurance does not apply toany mfthe fol|pw- mQ: 1, Expected OvIntended Injury "Boddy injury" or"property damage" expected or �ntend*d from the standpoint of the ~im- NWIMM Liabi|ity assumed under any contract oragree- Butthismucusiondoeenotmpp|yto|iabNhyfor damages: a. Assumed in a contract or agreement that is on "insured contract" provided the "bodily injury~ or "'property damage" occurs 000uoa oubee' qu*nt to the execution of the contract or agreement-, or b. That the "insured" would wvou|d have in the abseince of the contract or agreement. - 3. Workers" Compensation Any obligation for which the "insured" or the ~ineured'n" insurer may be held liable under any workers' compenaatiom, disability benefits or unemployment compensation |ovv or any similar law. 4. Employee Indemnification And Employer's Liability "Bodily injury" to: CA 00 01 03 06 0 ISO Properties, Inc., a. An "employee" of the ~insunsd" arising out of and in the course, of: (1) Employment6qot� "insured"-. or 3of12 2OD�+, — ^ (2) Performing the duties related tothe con- duct ofthe "inaured's'buaineaa-ur b. The apouae, chi|d, parent, brother or sister of that "employee" as a consequence of Paragraph a.above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity-, and (0) Toany obligation toshare damages with or repay someone else who must pay damages because cf the injury. But this exouaion does not apply to "bodily in- jury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract'. For the purposes of the Coverage Fomn, g dnmeado"emp[myee" is person en- gaged in household or domestic work per- formed epformed principally in connection with a neai- denceprennioos. 6. Fellow Employee "Bodily "insured" arising out of and in the course of the fellow "employee's" employment or while per- forming duties related to the conduct of your 6. Care, Custody OrControl "Property damage" toor"covered poHubmncost orexpense" involving property owned urtrans- ported by the "insured" or in the ^imauned`a" care. custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" ordamage" resulting from the handling ufproperty: a. Before it is moved from the place where it is accepted by the "insured" for movement into oronto the covered "auto"; or b. After it is moved from the covered "auto" to the place where hiafinally delivered by the "insured". 8. Movement OfProperty ByMechanical Device "Bodily injury" or "property damage" resulting from the movement ofproperty by mechani- cal device (other than a hand truck) unless the device is attached Wothe covered ^auto'^ 9. Operations "Bodily injury" or"property damage" arising out cfthe operation of: a. Any equipment listed in Paragraphs 6Jk and 6.c. of the definition, of "mobile equip- ment"; quip'ment. or b. Machinery urequipment thutison.ottaohed to, nrpart of, eland vehicle that would qual- ify under the definition of "mobile equip- ment" if it were not subject to a compulsory mrfinancial responsibility law orother motor vehicle insurance law where itiolicensed mr principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been com- pleted |nthis exclusion, your work means: m. Work nroperations performed by you or on your behaU�and b. KHateha|a, parts mrequipment furnished in connection with such work oroperations. Your work includes warranties orrepreeenta- tioma made atany time with respect to the fit- neem, que||1y, dmm*bUityorperformance cfany of the items included in Paragraph a. or b. above. Your work will be deemed oomp�|eted at the earliest mfthe following times: (i) When all of the work oa|Ued for in your contract has been completed. (3) VVben all of the work to be done at the site has been completed ifyour contract calls for work atmore than one site. (3) When that part of the work done sdajob site has been put to its intended use by any person or organization other than another contractor or subcontractor working mnthe same project. Work that may need service, maintenance, cop rection.nepoirmrnaplaoementbut which iaoth- erwise complete, will betreated eacompleted. 11. Pollution, "Bodily injury"or "property damage"arising out of the edua|, alleged or threatened dimcharBe, dimperua|, seepage' migrotion, release or es- cape of "pollutants": eoapeof"poUutantm'': m. That are, or that are contained in any prop- erty that is: (1) Being or handled f ovement into, onto or from t�.�e=d "auto"'; age 4 of 12 CA 00 01 03O6 C|SO Properties, Inc., 2005 — / - (2) Otherwise in the course oftransit by or onbehalf ofthe 1nmured^�ov (]) Being a0ored, disposed of, treated or processed in or upon the covered .,auto", - b. Before the "pollutants" or mr uny property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the ^inmuead" for movement into oronto the covered "auto"; or c. After the "pollutants" or any property in, which the "'pollutants" one contained are moved from the covered ^'auto'^bothe p�aoe where they are finally delivered, disposed cf or abandoned by the "insured". Paragraph a.above does not apply tofuels, |u- brioants. fluids, exhaust gases orother similar "pollutants" that are needed for o/ result from the normal e|ectrioe|, hydraulic or mechanical functioning ofthe covered ^euto'`mrits parts, if: (1) The ^pollutanta^escape, seep, migmate, or are discharged, dispersed or re- leased directly from an "auto" part de- signed by its manufacturer to hm|d, store' rece�ve or dispose of such ^po|- |utanta'";amd (2) The "bodily irjwry", "property damage" or "covered pollution coed or ~ does not arise out of the operation of any equipment listed imParagraphs 6.1b and 6.c, of the definition of "mobile equipment". Paragraphs, b. and o., above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "in- sured" with respect to ''po||ubamts" not in or upon mcovered ^muto''if: (1) The ^pmHutants'orany property in which the "pmUmtants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, aeepage, mi- gration, ma[eam* or mnoapo of the "pollut- ants"' is caused directly by such upset, overturn ordamage. 12. VVmr "Bodily injury" damage" arising di- rectly ormo|nsonyou or e. VVar, including undeclared or civil war-, b. Warlike action by m military forow, including action in hindering or defending against an actual or expected attack, by any gomam- ment, sovereign or other authority using military personnel orother agents; u/ CA 00 01 03 06 c. |nsurrecUon, rebehkm, revolution, usurped ronhon taken by governmental au- thority in hindering or defending against any of these. 13. Racing Covered "autos" while used' in any professional or organized racing or demolition contest or stunting activity,r while practicing for such contest or activity. This insurance also does not apply while that covered ''auto' is being prepared for such acontest uractivity. C. Limit QFInsurance Regardless of the number of covered "autos", "in- sureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined, resulting from any one "accident" isthe Limit ofInsurance for Liability Coverage shown inthe Declarations. All "bodily injugr."property damage" and "covered pollution cost orexpense" resulting from continu- ous or repeated exposure to substantially the same conditions will be considered as resulting from one, '^mccidmnt' No one will be entitled to receive duplicate pay- ments for the same elements of "|oaa" under this Coverage Form and any Medical PeymentmCov- mrmge Endorsement, Uninsured Motorists Cover- age Endorsement mvepaQeEndoreement or Underinsured Motorists Cov- erage Endorsement attached to this Coverage Part. SECTION |U— PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to e covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with an- other object; or (2) The covered °auto'a'`overturn. b. Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning orexplosion; (2)Theft; (%) Windstorm, hail orearthquake; (4) Flood; (8) The wimkimg, bmming, collision or derail- ment afrdng 11 the covered "a 161- 61 ~ 5 of 12 0ISO Properties, [no,2OO5 ` c, Collision Coverage Caused by: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Decla- rations for towing and labor costs incurred each time a covered "auto" of the private pas- senger type is disabled. However, the labor must be performed at the place of disablement, 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" colli- sion or overturn considered a "loss" under Col- lision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maxi- mum of $600 for temporary transportation expense incurred by you because of the to- tal theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expi- ration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any ex- penses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or result- ing from any of the following. Such "loss" is ex- cluded regardless of any other cause or event that contributes concurrently or in any se- quence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioac- tive contamination, however caused. b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign or other au- thority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by gov- ernmental authority in hindering or de- fending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being pre- pared for such a contest or activity. 3. We will not pay for "loss" caused by or result- ing from any of the following unless caused by other "loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. (1) Other than collision only if the Declara- 4. We will not pay for "loss" to any of the follow - tions indicate that Comprehensive Cov- ing: erage is provided for any covered a. Tapes, records, discs or other similar audio, "auto"; visual or data electro devices designed for use with audio or data eleg>onic equipment. CA 00 01 03 06 0 ISO Properties, Inc., 2005 w ��� b. Any device designed or used to detect speed measuring equipment such as radar orlaser detectors and any jamming appara- tus intended to elude or 6ampt speed measurement equipment, c. Any electronic equipment, without regard to whether this equipment is permanently in- stalled, that receives o/ transmits audio, visual or data signals and that is not de- signed solely for the reproduction ofsound. d. Any eooeoeohea used with the electronic equipment described in Paragraph c. Exclusions 4.c. and 4.d. do not apply to a. Equipment designed solely for the repro- duction of sound and accessories used with epmducbonofaoundand000eeaoMeaueedvvith such equipment provided such equipment is permanently imytaHeg in the covered ''auto" at the time of the "|ooe~ or such equipment is removable from a housing unit vvNcM is permanently installed in the cov- ered "'auto" at the time of the "loss"', and such equipment is designed to be solely operated by use of the power from the `'auto's" electrical aymhern, in or upon the covered "auto''.- or lb. Any other electronic equipment that is: (1) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (2) An integral part ofthe same unit housing any sound reproducing equipment de- scribed in Paragraph a.above and per- manently inetaNad in the opening of the dash or console of the covered ^'outo" normally used by the manufacturer for installation of radio. 6. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limit Of Insurance 1. The most we will pay for "loma in any omm"ao- cident" isthe lesser ot a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost ofrepairing orreplacing the dam- aged or ab�em property with other property oflike kind and quality. 2. An acUuatment for depreciation and physical condition vviQ be mode in determining actual cash value in the event of a total "loss". CA 00 01 03 06 3. Ifmrepair orreplacement results &nbetter than Re kind or quality, we will not pay for the amount oYthe betterment. For each covered ')suto'.our obligation topay for, repmr, return orreplace damaged or stolen prop- erty will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to"|oms'caused byfire m/lightning, SECTION |V—BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss Ifyou and wedisagree mnthe amount cflous. either may demand an appraisal of the "loss". |nthis event, each party will select acompetent appraiser. The two appraisers will select e competent and impartial umpire. The apprais- ers will state separately the actual cash value and amount of'^|oam^ |fthey fail 10agree, they will submit their differences, to the umpire. A decision agreed to by any two will be binding, Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If wesubmit 1oanappraisal, wevviUstil|nataim our right tmdeny the claim. 2. Duties !nThe Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this po[icy unless there has been full compli- ance with the following duties: a. In the event of "accident", claim, "suit` or ^loex^, you must give us nrour authorized representative prompt notice of the ^eooi- denVor'"|ooa"Include: (1) Hmw, when and where the "accident" or °|oso°oocurned� (2) The ~inauned"a"name and addneou�and (3) To the extent possib|e, the names and addresses of any injured persons and witnesses. b. 4dditinme||y, you and any other involved (1) Assume no obligation, make no pay- ment or incur no expense without our consent, except at t VInsured's" own of 12 @ ISO Properties, Inc., 2005 Q (2) Immediately send us copies of any re- quest, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us un- der this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writ- ing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment af- ter trial. No one has the right under this pol- icy to bring us into an action to determine the "insured's" liability. 4. Loss Payment — Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or sto- len property,- b. roperty;b. Return the stolen property, at our expense, We will pay for any damage that results to the "auto" from the theft; or i c. Take all or any part of the damaged or sto- len property at an agreed or appraised value. If we pay for the "loss", our payment will in- clude the applicable sales tax for the damaged e or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or or- ganization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally con- ceal or misrepresent a material fact concern- ing: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revi- sion is effective in your state. 4. No Benefit To Bailee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other pro- vision of this Coverage Form. ge 8 of 12 CA 00 01 03 06 0 ISO Properties, Inc., 2005 5. Other Insurance a. For any covered "auto" you mmn. this Cov- erage Fmnn provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insur- ance. However, vvhi|o m covered ''auto" which is a"trai8er' imconnected toanother vehicle, the Liability Coverage this Cover- age Form provides for the "trailer" is: over-mgeFmrmprowidmaforthe^'tnei|e/'iu: (1) Excess while it iaconnected bma mot:/ vehicle you donot own (2) Primary while it is connected to m cov- ered ^'euto^you own. b. For Hired Auto Physical Damage Coverage, any covered ''outd' you )eaae, him*, rent or borrow is deemed to be a covered "auto~ you own. However, any `auto" that is l*maed, himed, rented or borrowed with a driver imnot ecovered ''ouhm° c. Regardless of the provisions of Paragraph a above. this Coverage Form's Liability Coverage is primary for any liability as- oumedumder an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same bas|s, either excess or primary' we will pay only our share. Our share is the proportion that the Limit ofInsurance ofour Coverage Form bears to the total of the lim- its of all the Coverage Forms and policies covering mnthe smmebas�a. 6. Premium Audit a The estimated premium for this Coverage Form isbased onthe exposures you told ua you wouidhave when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the bo|- anoe, if any. The due date for the final pre- mium or retrospective premium is the date shown as the duo date on the bill. If the es- timated total premium exceeds the final premium due, the first Named Insured will get arefund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates orpremiums ineffect atthe beginning mfeach year ofthe policy. 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "acci- dents" and "losses" occurring: eoci-&ents"amd"louses"oocwming: a. During the policy period shown inthe Dec- larations-, and b. Within the coverage territory. The coverage territory is: a. The United States ufArmehoa� b. The territories and possessions of the United States ofAmerica; c. Puerto Rico; d. Oammda;and e. Anywhere in the world if: (1�) A covered "auto" of the private is |eamwd, hirod, rented cvbor- rowed without driver for a period of 30 days mrless; and (2) The ~lmaurmd'u" responsibility to pay damages is determined in m~aud.onthe mehts, in the United States of America, the territories and possessions of the United Stebau of America, Puerto Rico, or Canada or in m settlement vveagree to, We also cover "loss" to, or "'accidents" invo|* |ng, a covered ''auto" while being transported between any ofthese places. B. Two Or More Cumwsuge Forms Or Policies Issued By Us |fthis Coverage Form and any other Coverage Form or policy issued to you by usorany oom- pooyaffiUiahsd with ueapply hothe aame°acci- demt'. the aggregate maximum Limit ofInsur- ance under all the Coverage Forms orpolicies shall not exceed the highest applicable Limit of Insurance under any one Coverage Fnnn or policy, This condition does not apply to any Coverage Form or policy issued by us or an af- filiated company specifically to apply as excess f-fi|imtednompmnyspocifioa||ytoappdymmexomoo insurance over this Coverage Form. SECTION V— DEFINITIONS A. "Accident" includes continuous orrepeated expo- sure tothe same conditions resulting in "bodily in- jury" 8L "Auto" means: 1.Aland motor vehicle, ~treilermrsemitrailer de- signed fortraxe onpublic roads; or Na ge 9 of 12 CA 00 01 03 06 0VS[} Properties, Inc,, 21005 2. Any other land vehicle that issubject toauom- pu|sory or financial responsibility law or other motor vehicle insurance |avv m/hena it is li- censed orphncipeU|ygaraged. However, "auto" does not include "mobile equip- ment". C. "Bodily injury" means bodily injury, sickness or disease sustained by person including death re- sulting from any ufthese. D. "Covered pollution cost or expense" means any cost nrexpense arising out of: I. Any m*quest, dememd, order or statutory or regulatory requirement that any ^inaumsd^ or others test for, momihor, clean up, remove, con- tmin, tpmat, detoxify or n*utra|ize, or in any way respond to, or assess the effects of "pollut- ants"; or "po||mt-amta'';or 3. Any claim or "suit" by or on behalf ofa gov- ernmental authority for damages because of testing for, munitohnQ, cleaning up, n*moving, conteimimg, treatinQ, detoxifying or neutralizing, or in any way responding t#orassessing the effects of"po|Uutemta,' "Covered pollution cost o/expense" does nothm- o|ude any cost orexpense arising out ofthe ec- toa|, alleged or threatened discharge, diapenee|, oeepage, migmdiom, release orescape «f"pollut- ants": a. That are, or that are contained in any prop- ertYthat is: (1) Being transported or towed by, handled, or handled for movement into, onto or from the covered ^auto^� (2) Otherwise in the course of transit by or onbehalf cfthe ''ineured'": . (3) Being atoned, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the ^inaured''for movement into oronto the covered ^aubz^; o/ o. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered °autm"tothe place where they are finally delivered, disposed of orabandoned bythe ^inmured" Paragraph a.above does not apply to fuels, hu- bricanty, fluida, exhaust gases or other similar ~po/utants" that are needed for or result from the normal e|ectrico|, hydraulic or nnmohmnioa| functioning ofthe covered ~amto^orits parts. if: (1) The ''pol|ubants^escape, seep' migrate, or are discharged, dispersed or re- leased directly from an "uuto" part de- signed by its manufacturer to ho|d, sture, receive or Mapose of such "pol- lutants"; and (2) The "bodily injury'`. "property damage" or "covered pollution cost or expense" does not arise out nfthe operation of any equipment listed in Paragraph 6.b. or 6,c. of the definition of "mobile equip- ment, Paragraphs b. and o. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to"poWutmnta'^ not inorupon acovered °eutP" if: (1) The "pollutants" or any property in which the "po0utamts' are contained are upset, overturned or damaged as o result of the maintenance or use of a covered ",mwbo"';and (2) Thedimoharge. dispersal, aaepoga, mi- Qration, release orescape cf the "pollut- ants" is caused directly by such upset, overturn or damage E. "Diminution in ua|ue~ means the actual or per- ceived epoeived |oam in market value or nuaa|e value which results from a direct and accidental "loss". F. includes a "leased worker". "Em- ployee" does not include a "temporary worker". Em-pNoyee~doemnotindudea'temporag/worker". G. °|nmuped°means any person ororganization quali- fying as an insured in the Who Is An |nawmd pro- vision of the applicable coverage. Except with re- spect to the Limit of |nsunanoe, the coverage af- forded applies separately to each insured who is seeking coverage or against whom a c�aim or ''auit`isbrought. M. "Insured contract" means: 1. A|eose of premises-, 2. A sidetrack agreement-, 3. Any easement mrlicense agreement, except in connection with construction or demolition op- ema1ionson or within SOfeet ofa railroad; CAQWQf 013 06 0ISO Properties, Inc., 2005 Wage 10 of 12 CA 00 01 03 06 0 ISS? Properties, Inc., 2005 4. An obligation, as required by ordinance, to in- demnify e municipality, except in connection with work for a municipality; 6. That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability ofanother to pay for "bodily injury" or "property damage" to a third party or organization, Tort 1iebifity means a liability that would be imposed by |avv inthe absence nfany contract uragreement; 6. That part ufany contract uragreement entered into, as part ofyour buaineaa, pertaining to the rental orlease, byyou orany mfyour '�enop|my- eea^. of any "auto". Hovvwver, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any ufyour "enmpkoyeea"to pay for "property damage" tmany "aub/' rented mrleased by you mrany cfyour ''ernp|oyeee^ An "insured contract" does not include that part nf any contract uragreement: a. That indemnifies a railroad for "bodily in- jury" or "property damage" arising out of construction ordemolition operations, within 50 feet of any oa[|nzad property and affect- ing any railroad bridge or tresMe, tracks, roadbeds, tunne|, underpass or crossing-, or b. That pertains to the loan, lease or rental of an "auto" to you or any ofyour "emop|py- eeu~. if the ~ombo' is loaned, leased or rented with a driver. or o, That holds a person or organization en- gaged in the business of transporting prop- erty by "auto" for hire harmless for your use rop~ertyby"aubo'0orhimeharmleasforyourua* of a covered "auto" over a route or territory that person or organization is authorized to serve bypublic authority. |. "Leased worker" means person leased toyou by m labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct ofyour business. "Leased worker" does not include a"temporary vvorker' J. "L000" means direct and accidental loss ordam- mQe. K. "Mobile equipmnenf' means any of the following types of land vehio|ea, including any attached ma- chinery orequipment: 1. Bu||dozema, farm machinmry, forklifts and other vehicles designed for use principally off public roads; 3. Vehicles that travel on crawler treads-, 4. Vehicles, whether or not, main- tained primarily to provide mobility to perma- nently mounted: enna+nenUymomnted: m. Power cranes, mhnmmlm. |uaderm, diggers or drills; or b. Road construction orresurfacing equipment such aagraders, scrapers orrollers. 5. Vehicles not described in Paragraph 1, 2, 3., or 4. above that are not self-propelled and are maintained primarily to provide mobility to per- manently *pmanent|y attached equipment of the following types: a. Air compreaaom, pumps and generators, including epnaying, we|dimg, building o|ean- ing, geophysical exploration, lighting and well servicing equipmont�or b. Cherry pickers and similar devices used to raise orlower workers. G. Vehicles not described in Paragraph 1..2.^ 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. Mom/evar, self-propelled vehicles with the hd|mmin8 types of permanently attached equipment are not "'mobile equipment" but will be considered "autos", a. Equipment designed primarily for: (1) Snow removal: (2) Road maintenance, but not construction mrresurfacing; ur (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise urlower workers; and #. Air oompnaesors, pumps and Qemerators, including npruyinQ, we|ding, building c|ean- ing, geophysical exploration, lighting mrvvmUY servicing equipment. However. "mobile equipment" does not include land vehicles that are subject to acompulsory or financial responsibility law or other motor vehicle insurance law vvhenm it is licensed or principally garaged. Land vehicles subject tmacompulsory or financial responsibility Uovv or other motor vehicle insurance law are considered °mutmm" L "PnUutamta" means any su|id, hiquid, gaseous or thermal irritant or contaminant, including anmoke, vapor, soot, fumea, eoida, alkalis, chemicals and waste. Waste includes materials to be naoyo|ad, reconditioned or reclaimed. 2. Vehicles maintained for use solely on or next to M. "Property damage" means darnap to or loss of premises you own orrent; use oftangible property. �10' 11 of 12' CA 00 01 03 06 0 ISO Properties, Inc., 2005 N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "prop- erty damage"; or 2. A "covered pollution cost or expense", to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or ex- penses" are claimed and to which the "in- sured" must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages or "cov- ered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. P. "Trailer" includes semitrailer. 92 of 12 CA 00 01 03 06 © ISO Properties, Inc., 2005 ACC> H CERTIFICATE OF LIABILITY INSURANCE F DATE tMM,AAIYYYY) 09/26/2017 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NOO.ME Kimberoy Kelley Insurance Solutions AHoNN _ (949)348,7400 AIC Net: (949)348-2373 License #0746539ApDRESS: KimKQIns-SOlulions.COm 33302 Valle Rd, Suite 200 MSURERVd AFFORDING COVERAGE NAIC 1t San Juan Capistrano CA 82675 wsuaERA: The Ohio Casualty Insurance Company 24074 INSURED A„_, Qa )„ a) - :v�d l" INSURER B: Allmerica Financial Benefit 41840 Professional Sports Field Maintenance lnc ) INSURERa American Flre and Casualty Company 24066 23 Emerald GlnState Com Ins Fund INSURER e: P 35076 INSURERE: ...MED Laguna Niguel CA 92677 INSURER F: A COVERAGES CERTIFICATE NUMBER: 11-10AII REVISION NUMBER - THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD MD POLICY NUMBER MMILD�IVYYY CYEX MMIODA'YYIrI LIMITS x COMMERCIAL GENERAL LIABILITY CLAIMS -MADE L' I OCCUR EACH OCCURRENCE $ 1,000,006 PREMISES Ea occurcence S 500,000 EXP (Any ane parson) $ 15,000 ...MED PERSONAL&ADV INJURY s 1,000,000 A BKO57465702 10/01/2017 10/01/2018 GEN'L AGGREGATE LIMITAPPUES PER: x POLICY❑PRO- ❑ JECT LOC GENERALAGGREGATE S 2,000,000 PROAUCTaCOMPtOPAGG S 2,000,000 $ OTHER: AUTOMOBILE LIABILITY Ea MBBI tlEDI SINGLE LIMIT s 1,000,000 BODILY INJURY (Far person) $ X ANYAUTO OMEB AUTOS AUTOS AUTOS ONLY AUTOS AW3A377777 08126/2017 08/26/2018 BODILY INJURY(Peraseld.n) 5 HIRED NON-OWNEO AUTOS ONLY AU70SONLY PROPERTY MAGE dre, acdda.0 s Uninsured motorist s 300,000 UMBRELLALIAB X OCCUR EACH OCCURRENCE EACH OCCURRENCE $ 2,000,000 C EXCESS UAB CLAIMS MADE ESA57465702 10/01/2017 10/01/2018:. AGGREGATE S 2,000,000 DED RETENTION S s D COMPENSATION AND EMPLOYERS 'LIABILITY YIN ANYCERIMEETORtPARTUDED?ECUTIVE ❑ (MPandatoryan NH) EXCLUDED? Vd0506be antler DESCESCRIPTION OF OPERATIONS below NIA 1620476-2017 02/26/2017 02/26/2018 PER X OWORKERe _ E.L. EACrI ACCIAENT s 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1.,000,009 E.L. DIBEASE-POLICY LIMIT $ 1,OOD,000 DESCRIPTION OF OPERATIONS I LOCATIONS [VEHICLES (ACORD101,Additipna1Remarks Schedule,maybeattadbedlfmore space lsrequu` The City of Santa Ana, it's officers, employees, agents, and representative are Included as additional Insured per t�,gNlb°tlad en orseme.t. CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25 (2010103) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS, 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 f.�d�.�...,.�..i ©1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25 (2010103) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS-COVERAGE$AAND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU a� 8 IgG © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Ina, with its permission_ Page 1 of 8 $ 10 Z abed 'uolsslwaad s;l ql!m "oul'ag910 sao!Neg aouwnsul }o leualew palg6w(doo sapnioul £L 40 OL $$ 90 A wainsul len;nW Auagll6 fod V •aoueansul s III uogoaS ul pagiJasap Be a6eJano0 slq; o; salldde aaueJnsu to llwp aluiedas V 'sRep aAl;noesuoa Janne} ao Z }o polaad e jol no/ o; pa;uej saslwaad ��z "sjlJe;uo0`�„ 6ewep Alaadad„ o; Aldde lou op uolsnloxa slgl to (4) pue (£) '(L) sgdeJ6eaed C� sAep L uegl ejaw \ lO ppq e Jol luawaawe eseal Jo Ie;uaJ saslwaad e }o lied se oseel Jo luej noA leq; slue;uo0 (1I) \\ �` JO SAep aAllnoosuoa Jame} Jo L to poped e Jo} no/ of palueJ seslwaJd (1) :ol (walsAs uopoe;old aJll opewolne ue weal 060V01 JO 'a lows 'uolsoldxa '6ululy6ll 'aal} Aq 96ewep ueq; JaglO) „a6ewep A}Jadwd„ o; Aldde lou op uolsnloxa slgl to (4) pue (£) `(L) sgdeJ6eJed 6ul -mollo} eql Aq paOeldaJ sl Apedoad of 06ewea •f uolsnloxa }o gclokajed lsel aql woJl gland} oql •e :A;Illgell a6ewe0 Alaadoad pue Aanful AllpoB - V 06eaano0 • I uolloeS to suolsnl0x3 •Z gdeJ6eaed Japun •L :laed 960JOA00 sly; wal papnloxe osimJaq;o IOU sl noA o1 pa;uaa saspoid of a6ewep 11 a (a6ewea Alaod0Jd s,;ueual) noA01 031N3a AINEIdMcl 01 30VWV0 030N31X3 '0 slseq Jay;o Aue uo Jo ;uabulluoo 'ssooxe 'AJewpd Jaglegm 'eoueansu Alaadoad Aue Jano sseoxa sl ;uawasJopua slgl }o uolsinoad slgl Aq popao}e aoueansul ayl :aoueansulsseox3 q gdeJ6eaed 'aoueansul Jag;O •4 u011lpuOO 'suo8IPu00 JGlllgel-1 leaaua0 Ielaaawwoa - AI uopoaS of pappe sl 6ulm011O4 aql •Z suopeJado Jledoi Jo aolnaas allgowo;ne ul pesn slsloy Jo s;}ll Jae 91A GIONGA 'slip alolgaA apnloul IOU op saO;mala 'uolslAoJd slgl lO asodand eyl Jod 'sad;mala }o asn aq; w04 s;InsaJ „abewep AlJedoad„ Bons ll Aldde ;ou op AlaadOJd 01 06ewe0 •f uolsnloxa to ($) pue (p) '(£) sgdea6eJedgnS 'A;l •Ilgel-1 Weuaea Ayiedoad puy Aanful 4111309 - y a6eJGAOD • I uol;oes }o suolsnlox3 •Z gdeJ6eaed Japun y SHOIVA313-AIIIISVI139VWV0A1213dOUd '0 a6Jeyo e Jol Aliodoad Jo suosaad Aueo of pasn 6uleq ;ON (q) PUB '6uol lael ZS ueq; ssal (e) :sl ley; umo you op noA 4eaaaalem V (Z) :o; Aldde jou saop uolsnloxa slgl 6ulmollol oql Aq peoeldaJ sl lyeJOJoleM a0 a;nV `ileaoJly 6 uolsnloxa to (Z) gdeJ6eaedgnS `Allllgell a6ewe0 Alaodoad puV Aanful Allpog - V 86MAOD- I uopoeS to suolsnlox3'Z gcluAojed Japun e 1dV1d0831VM 03NM0-NON 'S uolslAoad slgl Japun paJanoo ssol aql o; Aldde osle pinom ley; 'slseq Jaglo Aue uo Jo lua6ulluoo '(Aoilod sly; }o sseoxa ul Alleol}loads Aldde of ualllJm eouemsul uegl Jaglo) ssaoxo 'AJewud Jaglogm 'aoueansul algloapoO pue plleA a Jaglo poansul eql of elgepene sl OJayl 11 Aldde IOU saop uolsiAoad slgl Aq papa048 aauaansul aq1 'JanamOH 'o6Jego e Jo} AJodaad Jo suosaad AJJea of pasn 6ulaq lou $l ll '4 pue "olld aupJle Jo leloJewwoo a wlq Jo ;aq 6uleu6lsop 'epeue0 Jo eolJawy }o salels Pe;!un eql to AllJoq;ne pe;nll;suoo Alnp eq; Aq panssl 'eleallllJeo anllOal}a AlluaJJnO e sploq puewwoo ul ;olld aql '£ 'mato pled peuleJl e q;lm paueol Jo paaalJego 'paJlq sl ll 'Z :paansul Aue Aq poumo lou sl ;I 'L :papinoJd yeJoiie ue o; Aldde ;ou saop I}eJoaa;eyl a0 o;ny 'UeaojlV '6 uolsnloxa 'A;lllgelq a6ewep Alaadoad puy Aanful Appag • y a6ea9no0 • I uol;oaS to suolsnlox3 •Z gdeJ6eaed Japun IA"O IV 03NMO-NON 'V ;uowasJopua aql Aq pal}lpow sselun AIMS, Ao,lod eyl to suolslAad eq; ';uawesaopue sly; Aq PGPJ04E 069JOA00 of ;0adsaJ gIIM le. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following; 6. Subject to Paragraph S. 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: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are Included In your premises rental or lease agreement, Is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are Incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: It. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the Investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. u G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization Is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused 61 or in part by: �t _ a. Your acts or omissions, or the acts or omissions of those acting on your behalf }}��ii�,yt of your on going operations for the additional insured that are the subject of t1Yvritte written agreement provided that the "bodily injury" or "property damage" occurs, sonal and advertising injury" is committed, subsequent to the signing of such writteA written agreement; or 04 q 20131.lberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 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With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily Injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily Injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the Injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional Insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III . Limits Of Insurance: If coverage provided to the additional Insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form " or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: h If an additional Insured's policy has an Other Insurance provision making its policy 5 and you have agreed in a written contract or written agreement to provide the additional If coverage primary and noncontributory basis, this policy shall be primary and we will rek contributio om the additional insured's policy for damages we cover. O 20131_Iberty Mutual Insurance Qv! CG 88 10 04 13 Includes copyrighted material of Insurance Services Office. Inc., with its permission. 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O311ml NV SI OHM 'f 'Aollod siq; Japun algepene aouaansul to s)Iwll aqi o; uoplppe ul )ou PUB 10 aAtsnlout aJe s;Iwtl esegi 'ssel aJe Janayalym 'Aollod stq; to eouwnsul to s)lwl'j - III uol;oaS ut paupap pue Aollod stq) to suopeaeloa4 aqi ut pele)s se aoueJnsu to s;twli ayl Jo ;uawaoide uallpm Jo )oeJ)um uell!Jm e ul pappads asoy; eae paansul leuoplppe aqi o; algeolldde eomnsul to sllwp eql 'Z 'paJnsut leuopIppe ay; Aq „;Ins„ a to aot)ou uallpM aAla00J am Il;un luawesaopue sly; Japun pamsul leuoplppe ue Al@weput Jo puelop o; Alnp ou aAeq JAN •p 'lJed 06MA00 sly; aapun Jano0 am ssol e Jol seq paJnsul leuot)Ippe aqi golgm aouemsul Jaq)o Aue algellene e Jew o) as?6V •a PUB 'pamsul leuoilppe aq) o; algelleAe oomnsut PERM aneq osle woym saaansut pe o; „lens„ Jo uulelo Aue to Alluwapul pue asualap oq; aapua,t. q sn o; aaueansul slgi — s Japun ;Ins„ Jo wleo e uI psoJ Am )eq; asua ue Jo „ l �o „sauaam0ao„ uo ;c aol;au ue;)IJm anlE) •e :algeopoead se uoos se ptm )uawasJopua sly; Japun paansui leuoptppe uV :llnS Jo wlelO 'asua;lO 'aouaaanuoO 10 luaA3 aql ul sat)n(3 'Z uoplpuoO 01 pappe sl 6ulmollol aql 'i, o 'Aollod slgl Japun ;uatumopua Jo _ V waol Aue Japun paansul leuoptppe us se sa!1!lenb ogm uopezlue6Jo Jo uosaed Aue o; sapdde uolsmid s!ql „3ONV81"ISNI AO S11WI1„ 111`10A dO NO11O31ONd O3ON31X3' SC1311nSNI 1VNO11100V '1 'salopod Jaq;o uo paansul leuogtppe ue se pappe uooq seq pamsut leuollIppe aqi gotgm Jol slseq Jaq;o Aue uo Jo )ua6upuoo 'ssaoxa 'AJewpd Jaglaym aouaansul Jaq;o Aue JOAO ssaoxa sl aoupansut styl 'poinsut leuopippe ue pue noA ueam)aq luaweaJ6e ua];IJM ay; ;o ssalpJe6all 'paJnsul poweN a se poleu6i,sep st paansut leuop -lppe oql golgm Jol eoueansul Jay)o Aue JOAO ssaoxa sl aouemsul stq) 'AJo;ngtJluo0-uou pue AJewlad Jo AJewlJd aq o; aouemsul stq; aJlnboi jou seop paansu leuoplppe ue pue noA uoamloq uotslA,pgns leopgod Jo o;els e Aq ponssl )Iwaed Jo ';uawaaJ6e Jo ;oea)uoo aseal Jo le;ueJ )uawdlnba ue yuewaaJ6e Jo )oeJ;uoa le)uaJ sapploel 'aseol sostwoAd a uay; Joq)o ';uawaoibe ua;)um Jo ;oeJ)um uoppm 0 uagm :aaueansul ssaoxa 'q gdEub8Jed of pappe sl bulmopo; aqi •q advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful Intent to cause "bodily Injury" or "personal and advertising injury", or caused in whole or In part by their intoxica- tion by liquor or controlled substances, The coverage provided by provision J. is excess over any other valid and collectable Insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section It -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However; a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. 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 or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre• septations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional, M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV • Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit' by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1, of Section It - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under ,Section V - Definitions, Definition 3. is replaced by the following: 3. 'Bodily Injury' means physical injury, sickness or disease sustalned by a persoThis includes mental anguish, mental injury, shock, fright or death that results from such p_ll injury, sic ness or disease. eti era. © 2013 Liberty Mutual Insurance QS~G CG 88 10 04 13 Includes copyrighted material of Insurance SaMoes Office, Inc.,with its permission. page 7 of 8 8 l0 8 *Bud 'uolssiwied sll gl!ml.,ul •aoUlp saoimag aouwnsul to Iepalew pejgOpRdoo sapnloul eoueinsul lenlnW Auagll£toZ £6 to OL 88 OO luaw -mbe uep m ao loeiluoo uapuM aql 10 uollnoaxe agl of luenbasgns sin000 a6ewep ao /unful aUl 'Z s pue :u0peziue6ao ao uosied legl 4sule6e slgbla qons anleM s no/ legl luewaoibe jo loequoo e ui 6uppm uI pawbe aneg u0gez1UebJ0 ao u08aad legl pue noA 'l :papinad — „pjezeg suo!lejado palaldwoo-slonpad„ agl ul papnlaul pua uopezlueffio ao uosaad leql gl!M loealuoo P japun auop ,>jom 1n04„ jo suollepedo 6ulo6uo unoA 10 Inc bulslle a6ewep ao (unful j01 a>lew aM sluewAed 10 asneoaq uopezlue6ao ao uosaad e asule60 aneg Aew GM AIan00aa to lg6u Aue aAIeM GM :s0 0l saaglO lsule6V A OA0008 J0 s114611d 10 aa; -sueal 8 UoplpuoO 04 pappe sl 6UIMO1101 aq 'suolllpuo0 Allllgell Ie.lauaO lelaaawwo0 - At uolloas uapun nOA HIM 1N3W33M0V MO 1OVM1NO0 V NI aamnO3M N3HM - Sn Ol SM3H1O 1SNIVOV AM A003M 40 SIHOIM d0 M3dSNVMl JO M3AIVM '0 'Alaedoid uo suosied loalold of awl algeuosew la asn oql wog buillnsw ,abewep Alaadoad„ ao ,funlul Aljpoq„ of Aldde lou scop uolsnloxa slUl -pounsul aql to lulodpuals oql woal papualul ao paloodxa „e6ewep Apadoad„ ao ,Ajnfu,i Allpoe,, Aanful papualul aO paloadx3 'e :bUIM01101 agl Aq paoeldaa sl kllll9Vll 3OVWV0 A1M3dOMd (INV kmnrN] k-llaO9 'V 3OVM3AOO 10 'e uolsnlox3 30VWVa AlM3dOMd aaaN31X3 'd Ink *71 -Mill Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" re- fer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership ofafter the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private passen- Passenger ger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Li - Other Than Pri- ability Coverage any "trailers" you don't own while attached to power units you vate Passenger own). This includes those "autos" not of the private passenger type you acquire "Autos" Only ownership of after the policy begins. 6 Owned "Autos" Only those "autos" you own that are required to have No -Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those "autos" you Fault acquire ownership of after the policy begins provided they are required to have No - Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage. This includes those "autos" you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re- ists Law quirement, T Specifically De- Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in con - "Autos" Only nection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your per- sonal affairs. ,040 d GuG `r �v. l\� of 12 CA 00 01 03 06 0 ISO Properties, Inc., 2006 sort „ojne„ paJanoO s e sl„o;ne„ paaanoo _ _pop uogdeoxe sluj •„o;ne„ 09fan00 a maJoq Jo aJlq nOA wogm woe; 9919 auoAue ao aaumo qui Soot "oul 'sapadad OSI Q �4) :jdaoxe moa -aoq ao aalq 'umo no! „ojne„ paaanoo e MIS -slwaad inoA q;1m 6ulsn al!gm asla ouoAuy •q „ojne„ paaanoo Aue ao; noA e :,,spaansul„ eae 6ulmollo4 aqj painsul uv sl oqm ' I. s;uawall4as to sjuauw6pnf jo juawAsd Aq pajsnegxa uoaq seg aoueansul do ;!wl'I a6eaanoo A;!I!ge1l Gq; uagM sputa Gilles ao pua;ap o3 Ajnp mo 'a;eadoiddL aaplsuoo am se ;,3ps„ ao wlelo Aue 91149s pus 9jeb1jsanul Aew aM Aldde jou seop aoueansul slgj golgm o; „asuad -xa ao Ism uolinllod paaanoo„ a jo ,abewep Alia -doid„ ao ,Ainful Allpoq„ ao; sebewep 6Wh 99e „jlns„ e jsule6e „painsq, Aue puelep of Ajnp ou aneq am 'aOAamoH „asuadxo ao isoo uolinllod paaanoo„ a jo sa6ewep Bons jo; bul Ise „jlns„ s 3suleft „pains -ul„ hue pua;ap o; Ajnp pus ;q6u aqj aneq 9AA „juaploae„ ewes eqj Aq pasneo sl 3egl salldde aoueansul slgl golgm of pBawep Ajaadoid„ ao ,Aanful Allpoq„ aagjla sl aiegj A „asuad -xa ao Ism uo!inllod paaanoo„ aqj ao; Aed Aluo II!m am'aanamow „sojne„ paaanoo;d asn ao 9oueu -a;ulew 'dlgsaaumo aqj woad 6ulijnsai pue „juap -lone„ us Aq pasnea 'salldde aoueansul slq; golgm of „asuadxo ao jsoo uognllod paaanoo„ a se Aed Ism Alle0ol .poansul„ us swns lle Aed osle 1pm aM „ojne„ p9a9nOO a;o esn ao soueuejulew 'dlgsaaumo aqj woe; bulilneei pue juaploos„ ue Aq pasnea 'salldde eouainsul siq; golgm of „ebswep A3aadoid„ ao „Aanfui Allpoq„;o asnsoaq s96swep se Aed;snw Allebal „painsq, ue swns Ile Aed Ilam aAA 06eaan00 •y 3VVN3AOO A11"113VI I — II NOUOSIS 90 £o W 00 `d3 uollOnj;sap •a Jo'„sso-l„ 'p 'bulolniag 'a :aledaa q 'umop� 8eus •s :s;l;o asneoeq oolmss ;o Ino sl leq; umo noA „olne„ paaanoo a ao; ajn; -!jsgns Amodwol s se aaumo sl! jo uolsslwied ag; gllm peen 9IIgm umo jou op noA „o3ne„ Auy £ „pine„ paaanoo e Aq pamol ao pauaeo 6ulaq epgm „wawdlnbe ellgoW„ 'z speoa o!Ignd uo lanea3 JO; Apaew!ad peu6lsep seal ao spunod 000'Z do Apedeo peol a ql!m „s�alleal„ • I• :96eJ9noo Al!llgelq and „sojne,; paaa -AOo Osla aae saplgaA;o sadAl Sulmollod aqj 'wood Obsaai,00 slq; Aq papinoid sl 96BJGAOO lililgen 31 so;nd a nal;sgng Aaeaodwaj puy;uawdlnb3 ellgoW'saalleaj ulejaeo '9 aha -aanoO legl ao; it aaApo of sn;uem no/ jegi 11 aalnboe nor( aaj;e step 0£ ulgjlm sn 1191 noA q pus'a6s -aaApo legj peq jsgj paumo Alsnoinaad noA „ojne„ us saosldea ll ao ebeaanoO legl ao; umo noA ;eql „so;ne,, Ile aanoo Apeaale aM T :;l Aluo a6e, -aanoo jeul ao; ,Olne,, paaaAOO e aq Ilam aalnboe noA „ojne„ ue 'suollewpaa aqj jo oml well ul a6saanoo a 03 jx9u pea91ua sl L logwAS jl 'ins 'i polaad Aollod aqj ;o aapulew -aa agl ao; paquosap adA; aqj jo aalnboe noA legl „sojne„1o; 96ea9noo aneq noA uag3'suoli -eaelOG(1 aqj ;o omj wall ul Obeaanoo e o; jxeu paaa3ua ale 6; 10 9 '9 'p '£ 'g II, slogwAS dl ' I, sul6aa Aollod aqj jeljV aalnboy no;, so3ny paumo •8 pa6eae6 Alledlouud ao pesueoll aae Aegl aaagm mel aoueansul aloigaA aojow aGgjo ao mel Al!llq!suodsai leloueuld ao Aaoslndwoo a of joafgns jou eaem Aagl p Aollod slgl aapun „;uawdlnb9 apgow„;o uol;lul;tap aqj aapun A;llenb pinom legl pue 9910lg9A puel Gas jegj „sOjne„ asogl A1uo aoueansul aloin -aA JOIOA aag;o ao Allllglsuods -aa leloueuld ao Aaoslndwoo of 3oefgns;uaw -dinb3 OINOA 61, (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees`, partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (6) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (5) All costs taxed against the "insured" in any "suit" against the "insured" we de- fend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment In any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out -Of -State Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. S. Exclusions This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agree- ment. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insured'ing out of and in the course of: 2, (1) Employment by ured"; or CA 00 01 03 06 0 ISO Properties, Inc., 2005 90OZ''oul 'salliadad OSI Z6do�4/N ao wangg�o1 palpueg �o 11 �8 o; pauodsuail Was (I,) :sl 1e41 Alga sae leq; ao 'aaa leg[ 'L :,,s;ue;nllod„ to adeo s o eseaia�'uol;ea6lw 'abedaas 'lesiadslp 6jegoslp paualew4; jo pa6alle 'Janloe aq; jo Ino 6ulsue „abewep Auadoad„ ao „Nnful Allpog„ uo!lnllod U pa;aldwoo se pa;eeil eq plM 'a;aldwoo asma -qlo sl golgM;nq 'luawaoeldai ao aledai 'uol;0a1 -Joo 'aaueua;uM w 'aolnlaS peau Aew leq; > IoM 'loafad awes aq1 uo 6ul laoM jolouluoogns jo joloeiluoo aaglouL uLq; aaq;o uollezluebio ao uosiad Aue Aq esn pepualul s;I of;nd uaaq seq all$ qof L le auop �aoM aq; ;o lied;Lq; ua4M (E) •a;ls auo uegl aiow le �aoM ao; Shea loealuoo anoA bl pejeldwoo uaaq seq ails aq; le auop aq 01 xaoM aq1 to Ile uagM (Z) 'palaldwoo uaaq seq;oea;uoo anoA ul ao; palled laoM 9q; ;o Ile uegM (I,) :saw11 bulMollo; aq1 to Isalpea aql Is palaldwoo pawaep aq plM >IaoM moA anoge ,q ao 'L gdea6eaed w papnloul swell aq; 10 Aue jo eouewao}aad jo A1lpgeinp 'A;penb 'ssau -;Id aq; of ioadsaa gjIm awl; he in spew suol; -eluasaidai ao sallueaaeM sapnpul >IaoM anoA ,suolleaado ao �aoM flans q;lM u011oauu00 ul pogsluan; luawdinba ao shed 'splaaleW *q pue ';Iegaq anoA uo ao noA Aq powao}aad suol;eaado ao laoAA •e :sueaw NiomanoA'uolsnpxaslq;ul pauopuege ao palald -woo uaaq seq �aoM 4eg1 aalle laoM anoA 10 ;no 6ulslae „a6ewep Apecoad„ jo „Aanfu! Alpog„ suolleaado palaldwoo '0l, 'pefteb Alledlouud ao pasueoil 8141 aaagM MLI aouaansul eplgan aolow aaq;o ao Mel A1111glsuods9a lepueug ao Aaoslndwoo a ol;oafgns lou aaaM 11 p „;uew -dlnba apgow„ ;o uo!1!u4ap aq; aapun A;1 -lenb pinoM;eq; alolgan puel e ';o lied ao 'ol pagoel;e 'uo sl;eq;;uawdmbe ao A.iaulgoen •q ao %juaw -dlnba aggow„ )o uoll!u11ap aq; to '0^9 pun •q•g sgdea6eaLd ul pa;sll ;uawdlnba Auy 'e :;o uol;eaado eq1;o Ino 6ulslae „abewep Apecoad„ ao „Aanful Allpog„ suopeuad0 '6 90 co 40 00 Wo '„o;ne„ paianoo 94101 pagOel;L sl aolnap eql ssalun ()lona; pueq e ueq; aaq;o) aolnap lea -wegoaw e Aq Apadoid 10 luawanow aq; woe; duglnsei „a6Lwep Apedo?d„ uo „lunful Allpog„ aalnaQ leoluegaaW Ag Rpadoad;O;uawanoW 'g „pa nsul„ 9q; Aq paJanllap Alleug sl ;1 aaagM eoeld eql o; ,olne,, p9Janoo agl woe; panow St J! 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Allpos„ AlaadOJd 10 6u!IpueH 'L luawaaa6e �oeal9pls e aapun pewnsse A;ll!geiI of Aldde lou saop uolsnloxa -slq; ins loiluoo ao Apolsno 'Gino „s,paansul„ oql ul ao „paansul„ aq; Aq pa} od -sued Jo pauMo Aliedad 6uln10nul „asuadxa ao ;sod uollnpod paaanoa„ ao 01 „a6ewep Apecoid„ Ioj;uo0 jO Apolsno `aaeo •9 ssaulsnq anoA 10 lonpuoo eq; of pa;elaa sallnp bulwio; -jad allgnn io juawAoldwa „s,aaAoIdwa„ nnollal aql 40 asinoo eq; ul puL;o;no 6ulslae „paansul„ aql do „aaAoldwa„ Mollal Aue of ,Ainful Allpos„ aaAoldwa nnollad -g ,saslwead aouap -lsaa e q;lM uoll0auuoo ul Alledloupd pewao; -aad �aoM ollsawop ao plogesnoq ul p9be6 -ua uosaad L sl ;,aaAoldwa„ ollsawop e 'wioq 86eaan00 aq; ;o sosodand aq; aog „;ona;uoo paansul„ uL japun „paansul„ aq; Aq pawnsse A;lllgell o; ao sl!leueq uoilesuadwoo ,sae laom of pal;llua lou „seoAoIdwa„ ollsawop o; „Ainf -w Appoq„ of Aldde lou saop uolsnpxe slq;;ns Aunful aq;10 9sneoaq sabewep Aed Ism oqm esle ouoawos ALdaa ao q;IM sa6ewep aaegs 01 uolleb1po AUG of (Z) pue :Alpedeo aaq;o Aue w ao aaAoldwa ue se algell eq Am „paansuw„ aq; a9q494M (6) :sapddn uolsnioxa s!ql anogL'e gdea6eaed ;o aouenbesuoo e se „aaAoldwa„ legl 10 aalss ao aagloaq ';uaaed 'pilgo 'asnods oqy 'q ao :ssaulsnq „s,paan,zq, eql lo;onp -uoo agl 01 palelal sallnp aql bulwao}aad (Z) (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto'; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured", Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or re- leased directly from an "auto" part de- signed by its manufacturer to hold, store, receive or dispose of such "pol- lutants'; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "in- sured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising di- rectly or indirectly out of: c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "in- sureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined, resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continu- ous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident", No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this Coverage Form and any Medical Payments Cov- erage Endorsement, Uninsured Motorists Cover- age Endorsement or Underinsured Motorists Cov- erage Endorsement attached to this Coverage Part. SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under; a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. b. Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; a, War, including undeclared or civil war; (5) b. Wadike action by a military force, including (6) action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or CA 00 0103 06 0 ISO Properties, Inc., 2005 Mischief or vandalism; or V1. 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Jol Aed am Jo asn o; pauin;ai s! „olne„ paJanoa aq; uagm 'uo!;eJ -!dxa s,Aollod aq; ;o ssalpiebai 'bu!pue pus ;lagl aq; is;le sinoq ap bu!uu!baq pouad Gull 6uunp paJJnoul sasuadxa uopelJodsuei; AJeiodwa; Jol Aed ll!m eM '96eJOA00 ssoi to sasneo paiAoadS io Gnlsuagaidwoo Jay;la AJJeo noA go!gm iol ,solne,. paJanoo asoq; Jol Aluo Aed Illm aM adA; Jabuessed e;enud eq; to ,o;na,, paaanoo e to llaq; le; -ol eq; to asnneq noA Aq paJinoul esuodxa uo!lgJodsueJ; Aieiodwal Jo; 009$ ;o wnw -lxew e o; Asp Jad OZ$ o; do Aed lllm eM sasuadxa uollwpodsueil -e suo!suNX3 a6eian00 'p 'e6eJanoO uo!s!I -loo Japun ,ssol,, e paiaplsuoo uJnlJano Jo uols -ploo ,s,olne., paJanoo e Aq pasneo abe leaiq ssal6 l3meq to uo!ldo aql aneq noA 'ianamoH sel!sslw Jo s;oafgo 6ui,pel Aq pasneo „ssoi„ 'a Pus :lew!ue Jo pJ!q e 6uip!q Aq pasneo ,ssol„ 'q :a6e leaiq sselc e GbeJGA00 an!suoulaidwoo Japun 6ulmollo; aq; iol Aed slim am„o;ne„ paJGnoo pa6ewep aql Jol a6ei8noO an!susulaidwoo AJJeo noA l! sal!sslw Jo saaafgo Bulged lswlub io pil9 y BuRH — s6eOWS sell '£ ;uawalges!p to aaeld aql Is pawio}Jad aq;snw '8 Jogel eq; 'JGAamoH 'polges!p si adA; iabuos -sed aleAlid aq; to „o;ne„ paJanoo a Gw!; goee paiinou! s;soo Jogel pus 6u!mol Jol suo!leJ -eloaQ aql ul umogs;!w!i aq of do Aed I lm aM 6ulnnol 'Z wn3,J9no „s,o;ne,, paJanoo aql (Z) Jo :loafgo Jaq;o -us qpm uo!s!Iloo ,s,ojne,, paJanoo aql (4) :Aq pasneo 06LJOAOO uols!lloO *o I Any device designed or used to detect speed measuring equipment such as radar or laser detectors and any jamming appara- tus intended to elude or disrupt speed measurement equipment. a. Any electronic equipment, without regard to whether this equipment is permanently in- stalled, that receives or transmits audio, visual or data signals and that is not de- signed solely for the reproduction of sound. d. Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 4.c. and 4.d. do not apply to a. Equipment designed solely for the repro- duction of sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the cov- ered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto": or 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen prop- erty will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION IV — BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The apprais- ers will state separately the actual cash value and amount of "loss", If they fail to agree, they will submit their differences to the umpire, A decision agreed to by any two will be binding. Each party will: b. Any other electronic equipment that is: a. Pay its chosen appraiser; and (1) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (2) An integral part of the same unit housing any sound reproducing equipment de- scribed in Paragraph a. above and per- manently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. i We will not pay for "loss" to a covered "auto" due to "diminution in value", C. Limit Of Insurance 1. The most we will pay for "loss" in any one "ac- cident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". b, Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compli- ance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "acci- dent" or "loss", Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, ma e no pay- ment or incur no experl�s) `ithout our consent, except at t 'i insureds" o cost. 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Otherinsurance a. For any covered "auto" you own, this Cov- erage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insur- ance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this Cover- age Form provides for the "trailer" is: (1) Excess while It is connected to a motor vehicle you do not own. (2) Primary while it is connected to a cov- ered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability as- sumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the lim- its of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the bal- ance, if any. The due date for the final pre- mium or retrospective premium is the date shown as the due date on the bill. If the es- timated total premium exceeds the final premium due, the first Named Insured will get refund, b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "acci- dents" and "losses" occurring: a. During the policy period shown in the Dec- larations; eo-larations; and b. Within the coverage territory. The coverage territory is: a. The United States of America; b. The territories and possessions of the United States of America; c. Puerto Rico; d. Canada; and e. Anywhere in the world if: (1) A covered "auto" of the private passen- ger type is leased, hired, rented or bor- rowed without a driver for a period of 30 days or less; and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. We also cover "loss" to, or "accidents" involv- ing, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any com- pany affiliated with us apply to the same "acci- dent", the aggregate maximum Limit of Insur- ance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an af- filiated company specifically to apply as excess insurance over this Coverage Form, SECTION V—DEFINITIONS A. "Accident" includes continuous or repeated expo- sure to the same conditions resulting in "bodily in- jury" or "property damage". B. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer de- signed for travel on public roads; or NA 8�0 12 CA 00 01 03 06 0 ISO Properties, Inc., 2005 90OZ' oul 'sapadoad OSI m 'peoallea a 101991 o9 ulg{Innio uo suopeaa -do uol;llowap ao uollonilsuoo q;lM uotloauuoo UT;daoxe 'luawaaa6e asueoll ao luewases Auy 'C ';uawaaa6e>loeilaplsy 'Z 'saspeid 10 aseal y ' l, sueaw „;oejluoo pamsul„ 'H 4g6noaq sl ,llns, ao wlelo a wogM ;sulebe ao 9beIan00 buNeas sl oqM painsul goes of A19;eaedas salldde papaol -1e 96e9noo 941 'aoueinsul 10;lwil aql of loads -ei gl!M;daox3 '96MOn00 algeolidde 94110 uolsin -ad poinsul uv sl o4M aql ul painsul uta se BulA1 -llenb uollezluabo ao uosiad Rue sueaw „pamsul„ 'E) ',,je IjoM Aaeaodwel„ a apnloul lou saop ,eaAold -w3„ "dqa laoM paseel„ a sapnpul ,eaAojdwg„ g ssol„ lelusplooe pus loei p e woe{ s{lnsaa golgM anlen alesail Jo enlen la>laew ul ssol panlao -aid ao len;oe eq; sueaw „amen ul uolJnulwlo„ •3 '96ewep ao um1 Ono yasdn gons Aq Apajlp pasneo sl „slue -;nllod„ ag110 adeose jo asealam 'uol;ea6 -Iw '96edaas 'lesiadslp '96jegosip aql (Z) pusDine, paaanoo e 10 osn jo aoueue;ul9w aq; 10 ;Insaa a se pabewep jo pouinpano ';asdn aae pouleluoa eaa „slue{n0od„ eq1 golgM ul Alaadoid Rue ao „s;uelnllod,, 941 (L) al „olne„ paaanoo e uodn ao ullou „slue;nljod,, o{ loadsaj q;lM „pamsul„ uta o; paluaa ao Aq paunno saspaid woj1 ReMe in000 ;eql „s;uapjooe,, of Aldde lou op Onoge -o pus -q sgdea6eJed „;uew -dlnbe ellgow„ 10 uol;lullep eq;10 o•g jo •q•g gdeibeaed ul pa1sll luauidlnba Rue 10 uogeaado aq{ 10 ;no este lou saop „asuadxa ao Isco uol{nllod paaanoo„ ao "Obewep Aliedo.id„ '„rGn(ul Allpoq, e41. 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"Suit' means a civil proceeding in which: 1. Damages because of "bodily injury" or "prop- erty damage"; or 2. A "covered pollution cost or expense", to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or ex- penses" are claimed and to which the "in- sured" must submit or does submit with our consent; or b, Any other alternative dispute resolution pro- ceeding in which such damages or "cov- ered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. P. "Trailer" includes semitrailer. Page 12 of 12 CA 00 01 03 06 0 ISO Properties, Inc., 2005 AH CERTIFICATE OF LIABILITY INSURANCE DAvMaxoe Y)� 02 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kimberely Kelley NAME: Insurance Solutions PHONE (949)348-7400 FAX (949)348-2373 A/C No Ext): AC.,.) E-MAIL Kim% ins-solutions.com ADDRESS: License #0746539 33302 Valle Rd, Suite 200 INSURER(S) AFFORDING COVERAGE NAICIs San Juan Capistrano CA 92675 INSURERA: The Ohio Casualty Insurance Company 24074 INSURED !'V�ry�� 01,�w�nn` INSURERS: Allmerica Financial Benefit 41840 Professional Sports Field Maintenance Inc ,�L���7 23 Emerald Gln !,A� — r,'�n1 11 W'� T2 INSURER C. American Fire and Casualty Company 24066 INSURER D: State Comp Ins Fund 35076 (p�— A-- ROtk-OB INSURER E: Laguna Niguel CA 92677 INSURER F: COVERAGES CERTIFICATE NUMBER: 17-18 All WC Renewal REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 ADULbUSR INSD WVD PODCYNUMBER POLICY EFF MMIDeIYYYY POLICY EXP MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY CI -AIMS -MADE ❑X OCCUR EACH OCCURRENCE $ 1,000,000 DANA ET RE 500,000 PREMISES Ea occurrence) $ MED EXP (Any one person) $ 15.000 PERSONAL B ADV INJURY S 1,000,000 A BK057465702 10/01/2017 10/01/2018 GEN'L AGGREGATE LIM IT APPLIES PER: X POLICY JET LOC GENERALAGGREGATE S 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 OTHER: Schedule Mod Factor 1 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANVAUTO BODILY INJURY person) $ B OWNED SCHEDULED AUTOS ONLY AUTOS AW3A377777 08/26/2017 08/26/2018 BODILY INJURY (Par accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per acdd.nt Uninsured motorist $ 300,000 UMBRELLA LIAB X OCCUR """'"""" """" """' 2,000,000 EACH OCCURRENCE $ C EXCESSLIAB CLAIMS -MADE ESA57465702 10/01/2017 10/01/2018 AGGREGATE $ 2,000,000 DED RETENTION $ $ D WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY OFFICER/MEM ER EXCLUDED' ANY ECUTIVE ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS be. NIA 1620476-2018 02/26/2018 02/26/2019 10TH - X STATUTE ER EL EACH ACCIDENT g 1.000,000 E. L. DISEASE - EA EMPLOYEE $ 1.000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be aaached if more space is required) The City of Santa Ana, it's officers, employees, agents, and representative are included as additional insured per the attached endorsement. 0� 5 SHOULD ANY OF THE ABOVE DE IBE" 1 8'BE CANCELLED BEFORE THE EXPIRATION DATE THER NOTICE E DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVIS NS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 ' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGESAAND B 3 r'ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 ._PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -G 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOUR © 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and N (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: 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 an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreed tS'for a period of more than 7 days. 2 Paragraphs (1), (3) and (4) of this exclusion do not apply to "prodam /�p�ntents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in �(Si \�d imits of Insurance. QM © 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 IJ. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage Afor damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic Fre protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES AAND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. " G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT `\ 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" c0i* in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your, in ttce of your on going operations for the additional insured that are the subject of the writte c� 9c pr written agreement provided that the "bodily injury" or "property damage" oc Cq� t�h �Lr- sonal and advertising injury" is committed, subsequent to the signing of su act or written agreement; or Q © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (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 expo- sures; or o (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. „ The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury' or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 20131-iberty Mutual Insurance C�G CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: p9° G� If an additional insured's policy has an Other Insurance provision making its; y e c you have agreed in a written contract or written agreement to provide the addit' faa' insured ,9e on a primary and noncontributory basis, this policy shall be primary and we will not seek c ��r}kfnrom the additional insured's policy for damages we cover. _ (j _ N\\1 © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form r or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an 'occurrence" or an offense that may result in a claim or "suit' under o this insurance to us; e b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until „ we receive written notice of a "suit' by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a)above; " (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional �lih care ser- vices is not otherwise excluded by separate endorsement, this provision (Para ()) does apply. X5,2' 5 Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advlI in inl evby an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as u in�qq lx_ the "employee's" job responsibilities assigned by you, includes the direct supervisio �athploy- ees" of yours. However, none of these "employees" are insureds for "bodily i ' rG sonal and © 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED ORADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. 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 or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is " effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. 'Bodily Injury" means physical injury, sickness or disease sustained by a persop lis include mental anguish, mental injury, shock, fright or death that results from such_,pical injury, ck- ness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or 'property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to 'bodily injury" or 'property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the 'products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" re- fer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I —COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private passen- Passenger ger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Li - Other Than Pri- ability Coverage any "trailers" you don't own while attached to power units you vate Passenger own). This includes those "autos" not of the private passenger type you acquire "Autos" Only ownership of after the policy begins. 5 Owned "Autos" Only those "autos" you own that are required to have No -Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those "autos" you Fault acquire ownership of after the policy begins provided they are required to have No - Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage. This includes those "autos" you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re- ists Law quirement. 7 Specifically De- Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in con - "Autos" Only nection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your per- sonal affairs. , as N ��ya Page 1 of 12 Q CA 00 01 03 06 0 ISO Properties, Inc., 2005 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the definition ment Subject To of "mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are Financial Re- licensed or principally garaged. sponsibility Or Other Motor Ve- hicle Insurance Law Only B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 6, 6 or 19 are entered next to a coverage in Item Two of the Declara- tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- age only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; and b. You tell us within 30 days after you acquire it that you want us to cover it for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss'; or e. Destruction. SECTION II — LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent" and resulting from the ownership, mainte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "in- sured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. CA 00 01 03 06 © ISO Properties, Inc., 2005 2 (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (6) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (6) All costs taxed against the "insured" in any "suit" against the "insured" we de- fend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. b. Out -Of -State Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agree- ment. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract' provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. Employee Indemnification And Employer's Liability "Bodily injury" to: These payments will not reduce the Limit of a. An "employee" of the "insured", arising out Insurance. of and in the course of: y' ry� (1) Employment by the�Ji) u'red", or Q`ey\ Pag �f 12 CA 00 01 03 06 © ISO Properties, Inc., 2005 Q� (2) Performing the duties related to the con- duct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily in- jury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract'. For the purposes of the Coverage Form, a domestic "employee" is a person en- gaged in household or domestic work per- formed principally in connection with a resi- dence premises. 6. Fellow Employee "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while per- forming duties related to the conduct of your business. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or trans- ported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechani- cal device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equip- ment": or b. Machinery or equipment that is on, attached to, or part of, a land vehicle that would qual- ify under the definition of "mobile equip- ment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been com- pleted or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representa- tions made at any time with respect to the fit- ness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, cor- rection, repair or replacement, but which is oth- erwise complete, will be treated as completed. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, ha died, or handled for movement inkalm fo or from, the covered "auto!'.$ -1'J Page 4 0o VM Glue, CA 00 01 03 06 0 ISO Properties, Inc., 2005 (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto'; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or re- leased directly from an "auto" part de- signed by its manufacturer to hold, store, receive or dispose of such "pol- lutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "in- sured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising di- rectly or indirectly out of: a. War, including undeclared or civil war; c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "in- sureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined, resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continu- ous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this Coverage Form and any Medical Payments Cov- erage Endorsement, Uninsured Motorists Cover- age Endorsement or Underinsured Motorists Cov- erage Endorsement attached to this Coverage Part. SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. b. Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (6) Mischief or vandalism; or b. Warlike action by a military force, including (6) The sinking, burning, collision or derail - action in hindering or defending against an ment of any conveyanc0ransporting actual or expected attack, by any govern- the covered agents, "auto". j litary pe sone el or othn or er authorityusing l�;yG Page 6 12 m CA 00 01 03 06 0 ISO Properties, Inc., 2005 ��G c. Collision Coverage Caused by: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Decla- rations for towing and labor costs incurred each time a covered "auto" of the private pas- senger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage — Hitting A Bird Or Animal — Failing Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" colli- sion or overturn considered a "loss" under Col- lision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maxi- mum of $600 for temporary transportation expense incurred by you because of the to- tal theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expi- ration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision only if the Declara- tions indicate that Comprehensive Cov- erage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any ex- penses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or result- ing from any of the following. Such "loss" is ex- cluded regardless of any other cause or event that contributes concurrently or in any se- quence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioac- tive contamination, however caused. b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign or other au- thority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by gov- ernmental authority in hindering or de- fending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being pre- pared for such a contest or activity. 3. We will not pay for "loss" caused by or result- ing from any of the following unless caused by other "loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. 4. We will not pay for "loss" to any of the follow- ing: a. Tapes, records, discs or other sir raudio, visual or data electronii designed for use with audio, visuy1ate electro ' equipment. � CA 00 01 03 06 0 ISO Properties, Inc., 2005 b. Any device designed or used to detect speed measuring equipment such as radar or laser detectors and any jamming appara- tus intended to elude or disrupt speed measurement equipment. c. Any electronic equipment, without regard to whether this equipment is permanently in- stalled, that receives or transmits audio, visual or data signals and that is not de- signed solely for the reproduction of sound. d. Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 4.c. and 4.d. do not apply to: a. Equipment designed solely for the repro- duction of sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the cov- ered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or b. Any other electronic equipment that is: (1) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (2) An integral part of the same unit housing any sound reproducing equipment de- scribed in Paragraph a. above and per- manently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. S. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limit Of Insurance 1. The most we will pay for "loss" in any one "ac- cident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen prop- erty will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION IV — BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The apprais- ers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compli- ance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "acci- dent" or "loss". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "insured" must: CA 00 01 03 06 © ISO Properties, Inc., (1) Assume no obligation, make no pay- ment ncur no exp rise without our conxcept at "insured's" own r . Page 7 of 12 CO\`SC (2) Immediately send us copies of any re- quest, demand, order, notice, summons or legal paper received conceming the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. c. Take all or any part of the damaged or sto- len property at an agreed or appraised value. If we pay for the "loss", our payment will in- clude the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or or- ganization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions (2) Take all reasonable steps to protect the 1. Bankruptcy covered "auto" from further damage. Bankruptcy or insolvency of the "insured" or Also keep a record of your expenses for the "insured's" estate will not relieve us of any consideration in the settlement of the obligations under this Coverage Form. claim. 2. Concealment, Misrepresentation Or Fraud (3) Permit us to inspect the covered "auto" This Coverage Form is void in any case of and records proving the "loss" before its fraud by you at any time as it relates to this repair or disposition. Coverage Form. It is also void if you or any (4) Agree to examinations under oath at our other "insured", at any time, intentionally con - request and give us a signed statement ceal or misrepresent a material fact concern - of your answers. ing: 3. Legal Action Against Us No one may bring a legal action against us un- der this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writ- ing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment af- ter trial. No one has the right under this pol- icy to bring us into an action to determine the "insured's" liability. 4. Loss Payment — Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or sto- len property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or a. This Coverage Form; b. The covered "auto", c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revi- sion is effective in your state. 4. No Benefit To Bailee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other pro- vision of this Coverage Form. r �p3 Page 8 of 12 CA 00 01 03 06 0 ISO Properties, Inc., 2005 6. Other Insurance 7. Policy Period, Coverage Territory a. For any covered "auto" you own, this Cov- Under this Coverage Form, we cover "acci- erage Form provides primary insurance. dents" and "losses" occurring: For any covered "auto" you don't own, the a. During the policy period shown in the Dec - insurance provided by this Coverage Form larations; and is excess over any other collectible insur- ance. However, while a covered "auto" b. Within the coverage territory. which is a "trailer" is connected to another The coverage territory is: vehicle, the Liability Coverage this Cover- "trailer" a. The United States of America; age Form provides for the is: (1) Excess while it is connected to a motor b. The territories and possessions of the vehicle you do not own. United States of America; (2) Primary while it is connected to a cov- c. Puerto Rico; ered "auto" you own. d. Canada; and b. For Hired Auto Physical Damage Coverage, e. Anywhere in the world if: any covered "auto" you lease, hire, rent or (1) A covered "auto" of the private passen- borrow is deemed to be a covered "auto" ger type is leased, hired, rented or bor- you own. However, any "auto" that is rowed without a driver for a period of 30 leased, hired, rented or borrowed with a days or less; and driver is not a covered "auto". (2) The "insured's" responsibility to pay c. Regardless of the provisions of Paragraph damages is determined in a "suit" on the a. above, this Coverage Form's Liability merits, in the United States of America, Coverage is primary for any liability as- the territories and possessions of the sumed under an "insured contract". United States of America, Puerto Rico, d. When this Coverage Form and any other or Canada or in a settlement we agree Coverage Form or policy covers on the to. same basis, either excess or primary, we We also cover "loss" to, or "accidents" involy- will pay only our share. Our share is the ing, a covered "auto" while being transported proportion that the Limit of Insurance of our between any of these places. Coverage Form bears to the total of the lim- its of all the Coverage Forms and policies g, Two Or More Coverage Forms Or Policies covering on the same basis. Issued By Us 6. Premium Audit If this Coverage Form and any other Coverage Form or policy issued to you by us or any com- a. The estimated premium for this Coverage pany affiliated with us apply to the same "acci- Form is based on the exposures you told us dent", the aggregate maximum Limit of Insur- you would have when this policy began. We ance under all the Coverage Forms or policies will compute the final premium due when shall not exceed the highest applicable Limit of we determine your actual exposures. The Insurance under any one Coverage Form or estimated total premium will be credited policy. This condition does not apply to any against the final premium due and the first Coverage Form or policy issued by us or an af- Named Insured will be billed for the bal- filiated company specifically to apply as excess ance, if any. The due date for the final pre- insurance over this Coverage Form. mium or retrospective premium is the date SECTION V — DEFINITIONS shown as the due date on the bill. If the es- timated total premium exceeds the final A. "Accident" includes continuous or repeated expo - premium due, the first Named Insured will sure to the same conditions resulting in "bodily in - get a refund. jury" or "property damage". b. If this policy is issued for more than one B. "Auto" means: year, the premium for this Coverage Form 1. A land motor vehicle, "trailer" or semitrailer de - will be computed annually based on our signed for travel on public roads; or rates or premiums in effect at the beginning of each year of the policy. r, v� Page 9 of 12 Q� CA 00 01 03 06 0 ISO Properties, Inc., 2005 2. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged. However, "auto" does not include "mobile equip- ment". C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death re- sulting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, con- tain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollut- ants"; or 2. Any claim or "suit" by or on behalf of a gov- ernmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not in- clude any cost or expense arising out of the ac- tual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollut- ants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from the covered "auto", (2) Otherwise in the course of transit by or on behalf of the "insured"; (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto" or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or re- leased directly from an "auto" part de- signed by its manufacturer to hold, store, receive or dispose of such "pol- lutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equip- ment". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto" and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or per- ceived loss in market value or resale value which results from a direct and accidental "loss". F. "Employee" includes a "leased worker'. "Em- ployee" does not include a "temporary worker'. G. "Insured" means any person or organization quali- fying as an insured in the Who Is An Insured pro- vision of the applicable coverage. Except with re- spect to the Limit of Insurance, the coverage af- forded applies separately to each insured who is seeking coverage or against whom a claim or "suit' is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; CA 00 01 03 06 0 ISO Properties, Inc., 2005 Page 10 of 12 �,yGf !e' CA 00 01 03 06 0 ISO Properties, Inc., 2005 ��G 4. An obligation, as required by ordinance, to in- demnify a municipality, except in connection with work fora municipality; 5. [-A That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employ- ees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract" does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily in- jury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affect- ing any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; or b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employ- ees", if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization en- gaged in the business of transporting prop- erty by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. 1. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". J. "Loss" means direct and accidental loss or dam- age. K. "Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery or equipment: L. 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to M. premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers. 5. Vehicles not described in Paragraph 1., 2., 3., or 4. above that are not self-propelled and are maintained primarily to provide mobility to per- manently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers. 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting or well servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. "Property damage" mea, damage to or loss of use of tangible proper �ZSa 2 ?� CA 00 01 03 06 © ISO Properties, Inc., 2005 V �- •��'b 11 �? age Q of 12 N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "prop- erty damage" or 2. A "covered pollution cost or expense", to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or ex- penses" are claimed and to which the "in- sured" must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages or "cov- ered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. "Temporary worker' means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. P. "Trailer" includes semitrailer. Q�Page 12 of 12 CA 00 01 03 06 © ISO Properties, Inc., 2005 ACORO® CERTIFICATE OF LIABILITY INSURANCE 111 DATE(MMID)IYYYY) 01/23/2019 THIS CERTIFICATE IS ISSUED ASA 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 CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER CONTACT Kimberely Kelley NAME: Insurance Solutions PHONE (949)348-7400 FAX (949)348-2373 AIC No E#: (A/C, No: License #0746539 ADDRESS: KimK@ins-solutions.cem 33302 Valle Rd, Suite 200 INSURERIS) AFFORDING COVERAGE NAIC# San Juan Capistrano CA 92675 INSURERA: Ohio Security Ina. Co. 24082 INSURED �L INSURERS: American Fire and Casualty Company 24066 ,,-7n Professional Sports Field Maintenance, Inc �/�"� �� J p�� �� �y��/ 29466 Ridge Rd /'T (X.tJ)_I� WO State Com Ins Fund 35076 INSURER C: P INSURER D: r.—a-mr bt3 INSURER E: San Juan Capistrano CA 92675 INSURERF: COVERAGES CERTIFICATE NUMBER: 18/19 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 ADUL IRM SUER WVD POLICY NUMBER POLICYEFF MMA)DIYYYY POUCYEXP MMIDD/Y`YN` LIMITS X COMMERCIALGENERALLIABILITY CWIMS-MADE OCCUR EACH OCCURRENCE $ 1,000,000 A 500,000 PREMISES EdpttUrLaro $ MED EXP(Any one panmr) $ 15,000 PERSONAL BADV INJURY $ 1,000,000 A BKS59328473 11/01/2018 11/01/2019 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ JE6 F-1 LOC GENERALAGGREGATE $ 2,000,000 PRODUCTS-COMPIOPAGGs 2,000,000 Package Modification IS OTHER: AUTOMOBILELIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY I NJURY(Par person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY I NJURY(Per acdden) s HIRED NON OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per.6dam X UM BRELLA UAB OCCUR EACH OCCURRENCE $ 2,000,000 BFxCUSUAB CLAIMS -MADE USA59328473 11/01/2018 11/01/2019 AGGREGATE $ 2,000,000 DED X RETENTION S 0 S L. WORKERS COMPENSATION ANDEMPLOYERS'LRBILITY ANY PROPRIETORIPARTNERIEXECUTIVE Y� OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, desodbe under DESCRIPTION OF OPERATIONS below N/A 8242771-2018 10/30/2018 10/30/2018 PER OTH- X STATUTE ER E.L. EACH ACCIDENT g 1,000,000 E. L. DISEASE - EA EMPLOYEE $ 1.000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be altaoMd a mom space is "uimd) The City of Santa Ana, its officers, employees, agents, and representative are included as additional insured per the attached endorsem�ep1t,�.}n� � C�rii 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 n 19RR-2n15 ACORD 25 (2016109) The ACORD name and logo are registered marks of ACORD All rinhtc rpcpr od COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT NON -OWNED AIRCRAFT NON -OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY -ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B ,/ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT •PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE\(?v��dY (� WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - p WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU PAGE 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 OA © 20131-iherty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabtl- Ity, Subparagraphs (3), (4) and (6) of exclusion J. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The Insurance afforded by this provision of this endorsement is excess over any property Insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) Y a If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion J. Damage To Property is replaced by the follow- ing: 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 an automatic fire protection system) to: (t) Premises rented to you for a period of 7 or fewer consecutive days; or J�1 (ii) Contents that you rent or lease as part of a premises rental or lease agreementef�q%�al iod of more than 7 days. �p J`ey1 Paragraphs (1), (3) and (4) of this exclusion do not apply to "property age- of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in S 2f11� ``Ft of Insurance. S� G5W Q� ® 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 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: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES AAND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.15. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. $ 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. tx G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional Insured in a written contract, written agreement or permit. Such person or organization is an additional Insured but only wit respect to liability for "bodily injury", "property damage" or "personal and advertising injury" e� �d in whole or in part by:pp�e�v� �`"\ a. Your acts or omissions, or the acts or omissions of those acting on your half, in nce of your on going operations for the additional insured that are the subject of the wri 4 or written agreement provided that the "bodily injury" or "property damage' er- sonal and advertising injury" is committed, subsequent to the signing of�ntract or written agreement; or G ® 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". o (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (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 expo- sures; or e (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. a With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Llaondi- tions. eq\e (� 5 ® 2013Liberty Mutual Insurance CO 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury', involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; $ whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. pi H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION �t This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: `ed(`�' If an additional insured's policy has an Other Insurance provision making it �' exce�q(�ptl have agreed in a written contract or written agreement to provide the addition insured c n a primary and noncontributory basis, this policy shall be primary and we will not seek con i ie o`nn the additional insured's policy for damages we cover. CO 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this Insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until „ we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO [SAN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- $ ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; s (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional heap care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragrrya ) does` llt apply QQ�\ev"` b Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advetvsing injury" d by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as use I %...a ns the "employee's" job responsibilities assigned by you, includes the direct supervision Q y- ees" of yours. However, none of these "employees" are insureds for "bodily i ' .e\6`^ al and ® 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED ORADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. 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 or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". a a N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3. is replaced by the following: \e 3. "Bodily Injury" means physical injury, sickness or disease sustained t>Qperson. Tht des mental anguish, mental injury, shock, fright or death that results from such physi \ sjck- ness or disease. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans - far Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. Q�G 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8