HomeMy WebLinkAboutTRANSFIRST LLC - 2016INSURANCE ON FILE"" A-2016-148
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DAfE: SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT, is entered into on this 21st day of
June 2016, by and between TransFirst, LLC, (hereinafter "Consultant"), 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 (hereinafter "City").
RECITALS:
A. The parties entered into a payment processing services agreement (Agreement #A-
2014-071) dated April 18, 2014 (hereinafter "said Agreement") by which Consultant
has provided payment processing services to the City.
B. The parties subsequently entered into a First Amendment to that Agreement (A-2015-
117) on June 17, 2015 to increase the Compensation and Term of said Agreement.
WHEREFORE, in consideration of the covenants contained in said Agreement, and
subject to all the terms and conditions of said Agreement, except those amended in the
aforementioned First Amendment to said Agreement, the parties agree as follows:
1. The parties hereto now desire to amend Section 2. of said Agreement (Compensation)
to increase annual compensation under said Agreement from $95,000 to $165,000 for
the fiscal year beginning July 1, 2015 and ending June 30, 2016 and for the optional
extension period of July 1, 2016 through June 30, 2017.
2. The parties hereto now desire to amend Section 2. of said Agreement (Scope of
Services) to provide for a change order process in connection with the
implementation and on-going support of credit card processing services as set forth in
Exhibit A and Exhibit B of said Agreement. Any change order mutually agreed to by
the parties hereto in connection with these services will be calculated using
Consultant's current schedule of charges, provided that the professional Consultant
labor rate charged shall not exceed $175.00 per hour.
3. This Second Amendment to said Agreement must be signed below and maybe signed
in counterpart and delivered by fax, email as a PDF (Portable Document Format) file
attachment, or by other means that displays the original or a copy of the signatures.
Any subsequent amendments may be signed and delivered in the same manner.
{Signatures on following page)
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Agreement on the date and year first written above.
ATTEST:
MPIA IHUIZAR
Clerk of the Council.
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: c i
Lisa Storck
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
��4liiyC� tia mx��
Francisco Gutierrez, Executive Director
Finance & Management Services Agency
CITY OF SANTA ANA
DAVID AV
City Manager
TransFirst, LLC.
l'itie:
Tax ID# 15' )-59 V Job
INSURANCE ON PII.E
WORK MAY PROCEED A-2016-148
UNTIL MUFiANMEXPIRES
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DAME: > o - iq. .1-P6 SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT, is entered into on this 21st day of
June 2016, by and between TransFirst, LLC, (hereinafter "Consultant"), 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 (hereinafter "City").
RECITALS:
A. The parties entered into a payment processing services agreement (Agreement #A-
2014-071) dated April 18, 2014 (hereinafter "said Agreement") by which Consultant
has provided payment processing services to the City.
B. The parties subsequently entered into a First Amendment to that Agreement (A-2015
117) on June 17, 2015 to increase the Compensation and Term of said Agreement.
WHEREFORE, in consideration of the covenants contained in said Agreement, and
subject to all the terms and conditions of said Agreement, except those amended in the
aforementioned First Amendment to said Agreement, the parties agree as follows:
1. The parties hereto now desire to amend Section 2. of said Agreement (Compensation)
to increase annual compensation under said Agreement from $95,000 to $165,000 for
the fiscal year beginning July 1, 2015 and ending June 30, 2016 and for the optional
extension period of July 1, 2016 through June 30, 2017.
2. The parties hereto now desire to amend Section 2. of said Agreement (Scope of
Services) to provide for a change order process in connection with the
implementation and on-going support of credit card processing services as set forth in
Exhibit A and Exhibit B of said Agreement. Any change order mutually agreed to by
the parties hereto in connection with these services will be calculated using
Consultant's current schedule of charges, provided that the professional Consultant
labor rate charged shall not exceed $175.00 per hour.
3. This Second Amendment to said Agreement must be signed below and may be signed
in counterpart and delivered by fax, email as a PDF (Portable Document Format) file
attachment, or by other means that displays the original or a copy of the signatures.
Any subsequent amendments may be signed and delivered in the same manner.
///
{Signatures on following page)
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Agreement on the date and year first written above.
ATTEST:
R -;D/
MARIA D. HUIZAR
Clerk of the Council.
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
eye
Lisa Storck
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Francisco Gutierrez, Executive Director
Finance & Management Services Agency
CITY OF SANTA ANA
7
DAVID AVD
City Manager
TransFirst, LLC.
Title:
Tax ID#, t — z5'I 8�) ®a
2-0111-071
Ali i CERTIFICATE OF LIABILITY INSURANCE
DATE/18/2015
\,�'' 12/3x/2016
12/1812015
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 certlflcats holder Is an ADDITIONAL INSURED, the poliay(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 eertlncate does not confer rights to the
certificate holder In lieu of such endorsement(e).
PRODUCER Lockton Insurance Brokers, LLC
CA License #01`15767
Two Embercadero Center, Suite 1700
AI o Bell: IT I , No);
d
San Francisco CA 94111
MED EXP (Any oneperson) 15,000
INSUREHIS) AFFORDING COVERAGE NAIC
(415) 5684000
GEN'L AGGREGATE LIMIT APPLIES PER.
POLICY 12T [R] LOC
OTHER
INSURER • National Fire Insurance Co of Hartford 20478
INSURED TransFirst Group, Inc.
1391467 1393 Veteran's Memorial Highway
Suite 307-S
INSURER B: The Continental Insurance Compal 35289
INSURER C
---
INSURERD:
Hauppauge NY 11788
I INSURER E
N
rr1VFRAnPA,'H A(.RDI CFgTIFrrATC All IrJIpCC• 1gSdSi RA nelnCtnAI kill"Cmm. vvvYvvV
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.
TYPE OF INSURANCE
§Rb 18vwffPOLICY
Y
NUMBERLI
YE F
POLICYEXP MMIDDINMI
LIMITS
A
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE ® OCCUR
N
6016715612
12/3112015
12/31/2016
EACH OCCURRENCE 1000 000
DA E RENTED 1,000,000
MED EXP (Any oneperson) 15,000
PERSONAL B ADV INJURY $ 1.000.000
GEN'L AGGREGATE LIMIT APPLIES PER.
POLICY 12T [R] LOC
OTHER
GENERAL AGGREGATE $ 2.000000
PRODUCTS -COMPIOPAGG $ 2,000,000
$
A
AUTOMOBILE
X
}{
LIABILITY
ANY AUTO
Aby,13�NED SR8HFEpp$ULED
HIRED AUTOS X NCTOSWNED
Comp. Ded $ R CColl. Ded $ I,0
N
N
6016715576
12/31/2015
12/31/2016OM1I
.O BINGLE LIMIT $ 1,000,000
BODILY INJURY (Per person) $ XXXXXXX
BODILY INJURY (Per accident s XXXXXXX
P OPERo71' MAGE $XXXXXXX
$ XXXXXXX
UMBRELLA UAB
EXCESS LIAR
OCCUR
CLAIMS.MADE
NOT APPLICABLE
EACH OCCURRENCE $ XXXXXXX
AGGREGATE $ XXXXXXX
DED RETENTIONS
$
B
WORKER COMPENSATION
ANDEMPLOYERS'LIABILITY
ANY PROpGETOWpARTNERIE%ECUTIVE YIN
EXCLUDED? [7N
IMYa,limgy in Mrs
pEIt
SCRIPTION OF OPERATIONa below
NIA
N
6016715593 (AOS)
60167156264CA)
12/31/2015
12/31/2015
12/31/2016
12/7!/2016
PER OTH-
X sTATUT
EL. EACH ACCIDENTOFFICERMEMBER $100 �QB
E, L. DISEASE. EA EMPLOYEE 1 1000000
E L DISEASE- POLICY LIMIT 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may be attached If more apace is required)
RE: City of Santa Ana, its officers, employees, agents, volunteers and representatives are Additional Insured to the extent provided by the policy
language or endorsement issued or approved by lire insurance carrier. Insurance provided to Additional Insured(s) is primary and non-contributory as per the
attached endorsements or policy language.
13545164 PPY
City of Santa Ana I , j// ewe,d 1 y
20 Civic Plaza
Santa Ana CA 92701 �et f /'7
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
The ACORD name and logo are registered marks of ACORD
CNA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TECHNOLOGY GENERAL LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following;
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered
as an additional insured on any other endorsement now or hereafter attached to this Coverage Part.
1. ADDITIONAL INSURED — BLANKET
VENDORS
WHO IS AN INSURED (Section II) is amended to
include as an additional insured any person or organization
(referred to below as vendor) with whom you agreed,
because of a written contract or agreement to provide
insurance, but only with respect to "bodily injury" or
"property damage" arising out of "your products" which
are distributed or sold in the regular course of the vendor's
business, subject to the following additional exclusions:
1. The insurance afforded the vendor does not apply
to:
a. "Bodily injury" or "property damage" for
which the vendor is obligated to pay damages by
reason of the assumption of liability in a contract
or agreement. This exclusion does not apply to
liability for damages that the vendor would have
in the absence of the contract or agreement;
b. Any express warranty unauthorized by you;
c. Any physical or chemical change in the
product made intentionally by the vendor;
d. Repackaging, except when unpacked
solely for the purpose of inspection,
demonstration, testing, or the substitution of
parts under instructions from the manufacturer,
and then repackaged in the original container;
e. Any failure to make such inspections,
adjustments, tests or servicing as die vendor has
agreed to make or normally undertakes to make
in the usual course of business, in connection
with the distribution or sale of the products;
f. Demonstration, installation, servicing or
repair operations, except such operations
performed at the vendor's premises in
connection with the sale of the product;
g. Products which, after distribution or sale by
you, have been labeled or
G -144194-C99 (13d, 12/06)
CNA
persons or organizations are additional insureds under this
endorsement and coverage provided to such additional
insureds is limitedas provided herein:
a. Additional Insured— "Your Work"
That person at organization for whom you do work is an
additional insured solely for liability due to your negligence
Attachment Code: D504371
Certificate ID: 13545184
relabeled or used as a container, part or
ingredient of any other thing or substance by or
for the vendor; or
It. "Bodily injury" or "property damage" arising
out of the sole negligence of the vendor for its
own acts or omissions or those of its employees
or anyone else acting on its behalf. However, this
exclusion does not apply to:
(1) The exceptions contained in Subparagraphs
d. or f.; or
(2) Such inspections, adjustments, tests or
servicing as the vendor has agreed to make or
normally undertakes to make in the usual
course of business, in connection with the
distribution or sale of the products.
2. This insurance does not apply to any insured person
or organization, from whom you have acquired such
products, or any ingredient, put or container, entering
into, accompanying or containing such products.
3. This provision 1. does not apply to any vendor
included as an insured by an endorsement issued by us and
made a put of this Coverage Part,
4. This provision 1, does not apply if "bodily injury' or
"property damage" included within the "products -
completed operations hazard" is excluded either by the
provisions of the Coverage Part or by endorsement,
2. MISCELLANEOUS ADDITIONAL INSUREDS
WHO IS AN INSURED (Section II) is amended to
include as an insured any person or organization
(called additional insured) described in paragraphs
2.a. through 21. below whom you are required to
add as an additional insured on this policy under a
written contract or agreement but the written contract or
agreement must be:
1. Currently in effect or becoming effective during the
term of this policy; and 2. Executed prior to the "bodily
injury," "property damage" or "personal injury and
advertising injury," but only the following
Pvge 1 of 6
(1) This insurance applies only with respect to the
following hazards for which the state or political
subdivision has issued a permit in connection with
premises you own, rent, or control and to which this
insurance applies:
(a) The existence, maintenance, repair, cons action,
specifically resulting from "your work" for the additional
insured which is the subject of the written contract or
written agreement. No coverage applies to liability
resulting from the sole negligence of the additional
insured,
The insurance provided to the additional insured is limited
as follows:
(1) The Limits of Insurance applicable to the additional
insured are those specified in the written contract or
written agreement or in the Declarations of this policy,
whichever is less. These Limits of Insurance are inclusive
of, and not in addition to, the Limits of Insurance shown
in the Declarations.
(2) The coverage provided to the additional insured by
this paragraph. 2.a., does not apply to "bodily injury" or
"property damage" arising out of the "products completed
operations hazard" unless:
(a) It is required by the written contract or written
agreement; and
(b) "Bodily injury" or "property damage" included within
the "products -completed operations hazard" is not
excluded either by the provisions of the Coverage Part
or by endorsement.
(3) The insurance provided to the additional insured does
not apply to "bodily injury," "property damage,"
or "personal and advertising injury" arising out of the
rendering or failure to render any professional services.
b. State or Political Subdivisions
A state or political subdivision subject to the following
provisions:
G144294-C99(Ed. 12/06)
CNA
(2) Structural alterations, new construction or demolition
operations performed by or on behalf of such additional
insured.
e. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver but only with respect to
their liability as mortgagee, assignee, or receiver and
arising out of the ownership, maintenance, or use of a
Premises by you.
This insurance does not apply to structural alterations,
new construction or demolition operations performed by
or for such additional insured.
f. Owners/Other Interests — Land is Leased
Attachment Code: D504371
Certificate ID : 13545184
erection, or removal of advertising signs, awnings,
canopies, cello entrances, coal holes, driveways, manholes,
marquees, hoistaway openings, sidewalk vaults, street
banners, or decorations and similar exposures; or
(b) The construction, erection, or removal of elevators; or
(2) This insurance applies only with respect to operations
performed by you or on your behalf for which the
state or political subdivision has issued a permit.
This insurance does not apply to "bodily injury," "property
damage" or "personal and advertising injury" arising out of
operations performed for the state or municipality.
c. Controlling Interest
Any persons or organizations with a controlling interest in
you but only with respect to their liability arising out of:
(1) Their financial control of you; or
(2) Premises they own, maintain or control while you lease
or occupy these premises.
This insurance does not apply to structural alterations,
new construction and demolition operations performed by
or for such additional insured.
d. Managers or Lessors of Premises
A manager or lessor of premises but only with respect to
liability arising out of the ownership, maintenance or use
of that specific part of the premises leased to you and
subject to the following additional. exclusions:
This insurance does not apply to:
(1) Any "occurrence" which takes place after you cease to
be a tenant in that premises; or
Page 2 of 6
(1) To any "occurrence" which takes place after the
equipment lease expires; or
(2) To "bodily injury," "property damage," or "personal
and advertising injury" arising out of the sole negligence of
such additional insured.
Any insurance provided to an additional insured
designated under paragraphs b, through h. above does not
apply to "bodily injury" or "property damage" included
within the "products -completed operations hazard."
As respects the coverage provided under this
endorsement, Paragraph 4.b. SECTION IV —
COMMERCIAL GENERAL LIABILITY
�iAPPROVED
1� � ' 3/7 J
An owner or other interest from whom land has been
leased by you but only with respect to liability arising out
of the ownership, maintenance or use of that specific part
of the land leased to you and subject to the following
additional exclusions:
This insurance does not apply to;
(1) Any "occurrence" which takes place after you cease to
lease that land; or
(2) Structural alterations, new construction or demolition
operations performed by or on behalf of such additional
insured.
g. Co-owner of Insured Premises
A co-owner of a premises co -owned by you and covered
under this insurance but only with respect to the co-
owners liability as co-owner of such premises.
It. Lessor of Equipment
Any person or organization from whom you lease
equipment. Such person or organization are insureds only
with respect to their liability arising out of the
maintenance, operation or use by you of equipment leased
to you by such person or organization. A person's or
organization's status as an insured under this endorsement
ends when their written contract or agreement with
you for such leased equipment ends,
With respect to the insurance afforded these additional
insureds, the following additional exclusions apply:
This insurance does not apply:
G-144294099 (Ed. 12/06)
CNA
liability company. This coverage does not
apply:
a. Prior to the termination date of any joint venture,
partnership or limited liability company; or
b. If there is other valid and collectible insurance
purchased specifically to insure the partnership, joint
venture or limited liability company.
B. The last paragraph of Section II — Who Is An
Insured is deleted and replaced by the following:
Except as provided in 4. above, no person or organization
is an insured with respect to the conduct of any current or
past partnership, joint venture or limited liability company
that is not shown as a Named Insured in the Declarations.
5. PARTNERSHIP OR JOINT VENTURES
Paragraph l.b. of Section II — Who Is An Insured
is deleted and replaced by the following.
b. A partnership (including a limited liability partnership)
or joint venture, you are an insured. Your members, your
partners, and their spouses arc also insureds, but only with
respect to the conduct of your business.
Attachment Code : D504371
Certificate ID : 13545184
CONDITIONS is deleted and replaced with the
following.
4. Other Insurance
b. Excess Insurance
This insurance is excess over:
Any other insurance naming the additional insured as an
insured whether primary, excess, contingent or on any
other basis unless a written contractor agreement
specifically requires that this insurance be either primary or
primary and noncontributing. Where required by written
contract or agreement, we will consider any other
insurance maintained by the additional insured for injury
or damage covered by this endorsement to be excess and
noncontributing with this insurance.
3. NEWLY FORMED OR ACQUIRED
ORGANIZATIONS
Paragraph 3.a. of Section II — Who Is An Insured
is deleted and replaced by the following:
Coverage under this provision is afforded only until
the end of the policy period or the next anniversary of this
policy's effective date after you acquire or form the
organization, whichever is earlier.
4. JOINT VENTURES / PARTNERSHIP /
LIMITED LIABILITY COMPANY COVERAGE
A. The following is added to Section II — Who Is
An Insured:
4. You are an insured when you had an interest in a joint
venture, partnership or limited liability company which
terminated or ended prior to or during this policy period
but only to the extent of your interest in such joint
venture, partnership or limited
Page 3 oF6
"Bodily injury" means bodily injury, sickness or disease
sustained by a person, including death, humiliation, shock,
mental anguish or mental injury by that person at any time
which results as a consequence of the bodily injury,
sickness or disease.
9. EXPANDED PERSONAL AND ADVERTISING
INJURY
A. The following is added to Section V — Definitions,
the definition of "personal and advertising injury":
h. Discrimination or humiliation that results in injury to
the feelings or reputation of a natural person, but only
if such discrimination or humiliation is:
(1) Not done intentionally by or at the direction of:
(a) The insured; or
(b) Any "executive officer," director, stockholder, partner,
member or manager (if you are a limited liability company)
of the insured; and
(2) Not directly or indirectly related to the employment,
prospective employment, past employment or termination
of employment of any person or persons by any i sured.
APPROI
lle�P V
0
6. EMPLOYEES AS INSUREDS — HEALTH CARE
SERVICES
For other than a physician, paragraph 2.a.(1)(d) of
Section II — Who Is An Insured does not apply with
respect to professional health care services provided in the
course of employment by you.
7. PROPERTY DAMAGE — PATTERNS, MOLDS
AND DIES
Paragraphs (3) and (4) of Exclusion j. Damage to
Property of SECTION I — EXCLUSIONS do not
apply to patterns, molds or dies in the care, custody or
control of the insured if the patterns, molds or dies are not
being used to perform operations at the time of loss. A
limit of insurance of $25,000 per policy period applies to
PROPERTY DAMAGE — PATTERNS, MOLDS
AND DIES and is included within the General Aggregate
Limit as described in SECTION III —LIMITS OF
INSURANCE.
The insurance afforded by this provision 7. is excess over
any valid and collectible property insurance (including any
deductible) available to the insured, and the Other
Insurance Condition is changed accordingly.
8. BODILY INJURY
Section V — Definitions, the definition of "bodily
injury" is changed to read:
G-144294099 (ed. 12/06)
CNA
does not apply if Section I — Coverage B — Personal
And Advertising Injury Liability is excluded either by
the provisions of the Coverage Part or by endorsement.
10, MEDICAL PAYMENTS
A. Paragraph 7. Medical Expense Limit, of Section IB
— Limits of Insurance is deleted and replaced by the
following
7. Subject to 5. above (the Each. Occurrence Limit), the
Medical Expense Limit is the most we will pay under
Section— I — Coverage C for all medical expenses
because of "bodily injury" sustainedby any one person.
The Medical Expense Liraitis the greater of
(1) $15,000; or
(2) The amount shown in the Declarations for Medical
Expense Limit.
B. This provision 10. (Medical Payments) does not
apply if Section I — Coverage C Medical Payments is
excluded either by the provisions of the Coverage Part or
by endorsement.
C. Paragraph La.(3)(2) of Section I — Coverage C —
Medical Payments, is replaced by the following:
The expenses are incurredand reported to us within three
years of the date of the accident; and
11. SUPPLEMENTARY PAYMENTS
A. Under Section I — Supplementary Payments
—Coverages A and B, Paragraph 1.b., the limit of $250
Attachment Code: D504371
Certificate ID: 13545184
B. Exclusions of Section I — Coverage B — Personal
and Advertising Injury Liability is amended to include
the following:
p. Discrimination Relating To Room, Dwelling or
Premises
Caused by discrimination directly or indirectly related to
the sale, rental, lease or sub -lease or prospective sale,
rental, lease or sub -lease of any room, dwelling or
premises by or at the direction of any insured.
q, Fines Or Penalties
Fines or penalties levied or imposed by a governmental
entity because of discrimination.
C. This provision 9. (EXPANDED PERSONAL
AND ADVERTISING INJURY COVERAGE)
does not apply to discrimination or humiliation committed
in the states of New York or Ohio. Also, EXPANDED
PERSONAL AND ADVERTISING INJURY
COVERAGE does not apply to policies issued in the
states of New York or Ohio.
D. This provision 9. (EXPANDED PERSONAL
AND ADVERTISING INJURY COVERAGE)
Page 4 of 6
(1) Property you own, rent, or occupy, including any costs
or expenses incurred by you, or any other person,
organization or entity, for repair, replacement,
enhancement, restoration or maintenance of such
property for any reason, including prevention of injury to
a person or damage to another's property;
(2) Premises you sell, give away or abandon, if the
"property damage" arises out of any part of those
premises;
(3) Property loaned to you;
(4) Personal property in the care, custody or control of the
insured;
(5) That particular part of real property on which you or
any contractors or subcontractors working directly or
indirectly on your behalf are performing operations, if the
"property damage" arises out of those operations; or
(6) That particular part of any property that must be
restored, repaired or replaced because "your work" was
incorrectly performed on it. Paragraph (2) of this
exclusion does not apply if the premises are "your
work" and were never occupied, rented or held for rental
by you.
Paragraphs (1), (3) and (4) of this exclusion do not apply
to "property damage" (other than damage by fire,
lightning, explosion, smoke, or leakage from automatic fife
protective systems) to premises includin the ontents o
106 k
shown for the cost of bait bonds is replaced by $2,500:
B. In Paragraph 1.d., the limit of $250 shown for daily
loss of earnings is replaced by $1,000.
11 PROPERTY DAMAGE — ELEVATORS
With respect to Exclusions of Section I — Coverage A,
paragraphs (3), (4) and (6) of Exclusion j. and Exclusion
k. do not apply to the use of elevators. The insurance
afforded by this provision 12. is excess over any valid and
collectible property insurance (including any deductible)
available to the insured, and the Other Insurance
Condition is changed accordingly.
13. LEGAL LIABILITY—DAMAGE TO PREMISES
A. Under Section I — Coverage A — Bodily Injury
and Property Damage 2. Exclusions, Exclusion j. is
replaced by the following.
"Property damage" to:
G-144294-C99(%d.12/06)
CNA
Exclusions c. through n. do not apply to damage by fire,
lightning, explosion, smoke, or leakage from automatic fire
protective systems to premises while rented to you or
temporarily occupied by you with permission of the
owner.
A separate limit of insurance applies to this coverage as
described in Section III — Limits Of Insurance.
C. Paragraph 6. Damage To Premises Rented To You
Limit of Section III — Limits Of Insurance is replaced
by the following:
6. Subject to 5. above, the Damage To Premises Rented
To You Limit is the most we will pay under Coverage A
for damages because of "property damage' to any one
premises while rented to you or in the case of damage by
fire, lightning, explosion, smoke, or leakage from
automatic fire protective systems, while rented to you or
temporarily occupied by you with the permission of the
owner. The Damage To Premises Rented To You Limit is
the greater of:
a. $500,000; or
b. The Damage To Premises Rented To You Limit shown
in the Declarations.
D. Paragraph 4.b.(1)(b) of Section IV — Commercial
General Liability Conditions is deleted and replaced by
the following:
(b) That is property insurance for premises rented to you
or temporarily occupied by you with the permission of the
owner; or
E. This provision 13. (LEGAL LIABILITY—
DAMAGE TO PREMISES) does not apply if Damage
To Premises Rented To You Liability under Section I —
Coverage A is excluded either by the provisions of the
Coverage Part or by endorsement.
14. NON -OWNED WATERCRAFT
Attachment Code; D504371
Certificate ID t 13545184
such premises, rented to you for a period of 7 or fewer
consecutive days.
A separate limit of insurance applies to Damage To
Premises Rented To You as described in Section III —
Limits Of Insurance.
Paragraphs (3), (4), (5) and (6) of this exclusion do not
apply to liability assumed under a sidetrack agreement.
Paragraph (6) of this exclusion does not apply to
"property damage" included in the "products -completed
operations hazard."
B. Under Section I — Coverage A— Bodily Injury
and Property Damage the last paragraph of 2.
Exclusions is deleted and replaced by the following.
Page 5 "f 6
15. NON -OWNED AIRCRAFT
Exclusion 2.g, of Section I — Coverage A — Bodily
Injury and Property Damage, does not apply to an
aircraft you do not own, provided that:
1, The pilot in command holds a currently effective
certificate issued by the duly constituted authority of the
United States of America or Canada, designating that
person as a commercial or airline transport pilot;
2. It is rented with a trained, paid crew; and
3. It does not transport persons or cargo for a charge.
16, BROAD KNOWLEDGE OF OCCURRENCE
You must give us or our authorized representative notice
of an "occurrence," offense, claim, or "suit" only when the
"occurrence," offense, claim or "suit" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) An executive officer or the employee designated by
you to give such notice, if you are a corporation; or
(4) A manager, if you are a limited liability company.
17. NOTICE OF OCCURRENCE
The following is added to paragraph 2, of Section IV —
Commercial General Liability Conditions — Duties in
The Event of Occurrence, Offense Claim or Suit:
Your rights under this Coverage Part will not be
prejudiced if you fail to give us notice of an 'occurrence,"
offense, claim or "suit" and that failure is solely due to
your reasonable belief that the "bodily injury" or "property
damage" is not covered under this Coverage Part.
However, you shall give written notice of this
"occurrence," offense, claim or "suit" to us as soon as you
are aware that this insurance may apply to such
"occurrence," offense claim or "suit."
18. UNINTENTIONAL FAILURE TO DISCLOS
HAZARDS / /,ra !'/
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OVE
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Under Section I— Coverage A—Bodily Injury and Property Based on our reliance on your representations as to existing hazards,
Damage, Exclusion 2.g., subparagraph (2) is deleted and replaced if unintentionally you should fail to disclose all such hazards at the
by the following, inception date of your policy, wo will not deny coverage under this
(2) A watercraft you do not own dirt is; Coverage Part because of such failure.
(a) Less than 55 feet long; and
(b) Not being used to carry persons or property for a charge
19. EXPECTED OR INTENDED INJURY
Exclusion a. of Section I —Coverage A—Bodily Injury and Property Damage Liability is replaced by the following:
a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or
"property damage" resulting from the use of reasonable force to protect persons or property.
20. LIBERALIZATION CLAUSE
If we adopt a change in our forms or rates which would broaden coverage provided under this endorsement without an additional premium charge,
your policy will automatically provide the additional coverages as of the date the revision is effective in your state.
G-144294499 (Pl. 12/06) Page 6 of6
Attachment Code; D504371
Certificate ID: 13545184