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HomeMy WebLinkAboutMOMENTUM NA INC. (2) - 2017City of Santa Ana ®r�:Tlf Clerk of the Council COTC Office Use Only .... AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all I amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements City of Santa Ana have been satisfied prior to signing the termination form. 2621 A,USi G u Is the agreement(s) a permanent record? Yes No Clerk of the Council Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. /7 The agreement with C // // 7)22»[ LV- 0/9 No. N-2017-044 was completed on (List all amendments. Use space below if needed.) Revised: 10-18-16 517 / 1­7 and final payment has been made. Department: Q i4% / RCMY k) Phone/Ext.: Say± Signature: �r �A�10. ,Qx2�)nl Date: %/vLgt:A INSURANCE NOT ON FILE N-2017-044 WORK MAY NOT PROCEED CLERK OF. COUNC%11 DATE - SPONSORSHIP AGREEMENT WITH MOMENTUM NA, INC. O: PRCS FOR THE BENEFIT OF THE UNITED STATES ARMY Silvia Cuevas FOR CINCO HE MAYO FESTIVAL 2017 THIS SPONSORSHIP AGREEMENT is made and entered into this 9'b day of March, 2017, by and between MOMENTUM NA, INC. for the benefit of the United States Army ("Sponsor"), 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. The City is hosting its annual Cinco de Mayo Festival in downtown Santa Ana on May 6 - May 7, 2017 ("Evernt" ). The City desires to retain sponsors for this Event. & Sponsor represents that it is able and willing to provide sponsorship for this Event. C. In undertaking the perfonnance of this Agreement, Sponsor represents that it is knowledgeable in its field and that any activities conducted by Sponsor render this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm. in such field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows; I. SPONSOR BENEFITS In exchange for the scum specified in Section 2 below, Sponsor shall be entitled to the benefits at the Events as described on .Exhibit A. Sponsor grants to City the right to use Sponsor's tradezxrark(s), trade nainc(s), logo designs and company descriptions as prepared and delivered to City by Sponsor in any inedi.m-n of advertising, marketing materials, and/or promotional goods distributed in conjunction with the Event and in accordance with Sponsor's usage guidelines. 2. SPONSORSHIP FEE For its participation as a Sponsor for the Event, Sponsor shall pay to the City a sponsorship fee of Ten Thousand Dollars ($10,000.00) for the Event. The total sponsorship fee is payable by Sponsor to City upon execution of this Agreement and before the Cinco de Mayo Event, but no later than May 4, 2017. 3, TERM This Agreement shall commence on the date stated above and continue through the last day of the Event, unless terminated as otherwise provided in this Agreement, Page 1 of 4. INDEPENDENT CONTRACTOR Sponsor 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 construed 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 Sponsor performs the services which are the subject matter of this Agreement; however, the services to be provided by Sponsor shall be provided in a manner consistent with all applicable standards and regulations governing; such services. Sponsor 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. S. INSURANCE Prior to undertaking; performance of work under this Agreement, Sponsor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below; a. Commercial General Liability Insurance. Sponsor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not 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 Sponsor'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 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 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, Sponsor, if Sponsor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Sponsor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Sponsor 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. e, The following requirements apply to the insurance to be provided by Sponsor pursuant to this section: Page 2 of? (i) Sponsor shall maintain all insurance required above in full 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 cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City, (iv) Sponsor shall supply City with a fully executed additional insured endorsement, f if Sponsor 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 forthwith terminate this Agreement. Such termination shall not affect Sponsor's right to be paid for its time and materials expended prior to notification of termination. Sponsor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City, 5�Q110VU1Q MRi l Sponsor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives front 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 Sponsor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreements and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from, this Agreement. This indemnity and 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 Sponsor 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 terms 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 Sponsor's 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Sponsor. Pago 3 of 7 7, CONFIDENTIALITY If Sponsor receives from. the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Sponsor 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 information 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 Sponsor disclosed in a publicly available source; (c) is in rightful possession of the Sponsor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Sponsor without reference to information disclosed by the City. S. CONFLICT OF INTEREST CLAUSE Sponsor 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. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this .Agreement 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 facsimile 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 Copies to: Parks, Recreation & Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) Santa Ana, CA 92702 Fax: 714-571-4,221 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa .Ana, CA 92702 Page 4 of 7 Fax: 714-647-6515 To Sponsor: Momentum. Worldwide 444 N, Michigan Ave., Suite 1700 Chicago, IL 60611 Phone: (404) 954-8337/ 'Fax: (312) 245-3644 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, communication 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Sponsor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Sponsor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the teens and conditions hereof, shall not bind or obligate Sponsor 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Sponsor, Sponsor 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 persomiel or by other Sponsors retained by City. 12. CANCELLATION OR TERMINATION If, because of war, fire, strike, civil strife, government regulation, natural catastrophe, an act of terrorism or public enemy, an act of God, or any reason beyond the reasonable control of City, the Events or any part thereof are prevented from being held or are cancelled by City, City, in its sole discretion, shall determine and refund to the Sponsor its proportionate share of the balance of the aggregate sponsor fees received that remain after deducting expenses incurred by City and reasonable compensation to City. I.n no case shall the amount of the refund to the Sponsor exceed the amount of the fee paid. City reserves the right to cancel any portion of the Event as it deems necessary and appropriate. Pago 5 of Cancellation by the Sponsor will be accepted only in writing. In the event of cancellation by Sponsor, Sponsor will remain obligated for 100% of the sponsorship fee, and City will retain the right to seek and retain an alternate sponsor in City's sole discretion. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, 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, termination 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. 14. 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 Agreement 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 may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Sponsor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Sponsor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement, 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any 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. 1I1 Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Sponsorship Agreement the date and year First above written. ATTEST., a'211 - MARIA D. HUIZAR Clerk of (he Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Icy: Zt —4. L LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL CITY OF SANTA ANA .......... 7— ROBERT C. CORTEZ--- DEPUTY CITY MANAGER MOMENTUM NA, INC. Title - Jean ieJurado,Act—imtDirector Parks Recreation & Community Services Agency Page 7 of 7 1 P�4— EXHIBIT A .y 2017 Cinco de Mayo Sponsorship Elements McCann Worldgroup on behalf of the U.S. Army Marketing & Research Group • List of Core Elements o One (1) 100' x 50" or equivalent space for an interactive area o Ten (10) wristbands to hospitality area each day o Two (2) soldier recognitions/presentations on stage each day o One (1) thirty second Tumbotron spot per hour each day o Logo recognition on promotional materials o Name recognition in TV/Radio promotions o Logo/Link on event website $10,000.00 Contact Person Sonia Batres Community Events Supervisor Office (714) 571-4227 Mobile (714) 975-4514 sbatres@santa-ana.org Sponsorship Elements Standard Rate Army --Rate ;' Discount': One (1) 100' x 50" or equivalent space for an interactive area $15,000.00 $3,000.00 Ten (10) wristbands to hospitality area each day $1,000.00 $500.00 Two (2) soldier recognitions/presentations on stage each day $3,000.00 $500.00 One (1) thirty second Jumbotron spot per hour each day $4,000.00 $2,000,00 Logo recognition on promotional materials $2,000,00 $1,000.00 Name recognition in TV/Radio prornotions $3,000.00 $2,000.00 Logo/Link on event website $2,000.00 $1,000.00 TOTAL `: $30,000.40 $10,000A0 33% 1, Gerardo Mouet, Executive Director of the City of Santa Ana's Parks, Recreation and Community Services Agency, certify that the information above accurately represents the standard rates for the sponsorship elements listed and the discount being offered to McCann Worldgroup on behalf of the US Army Marketing and Research Group, 1.2-5-16 Gerardo Mouet, Executive Director Date CERTIFICATE OF LIABILITY INSURANCE F PATE(MMIDDIYYYYI4/27/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT$ UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed, If SU13ROGATION 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 Phone No.: (212) 488.0200 Fax No.: 1212) 438-0220 Frenke[ & Company 350 Hudson Street -41h Floor co TACT NAME: PHONE lMGANo Ext: _ arc No ADDRESS&-_ �— INSURERS) AFFORDING COVERAGE NAIC N New York, NY 10014 5C�74- TFRSItCIA.�Y i z'°uK INSURER A1: IND MNITY INSURANCE Cq. OF NO TH AMERICA 43675 INSURED Momentum Worldwide INSURER B: GREAT NORTHERN INSURANCE COMPANY 20303 -- INSURER C: ACE PROPERTY & CASUALTY INSURANCE COMPANY 20699 A Subsidiary of the InterpubliC Group of Companies, Inc. INSURER D: ACE AMERICAN INSURANCE COMPANY 22667 444 North Michigan Avenue, Suite 1700 Chicago, IL 60611 Attn: Justin Nofal INSURER E. ACE FIRE UNDERWRITERS M.— 20702 INSURER F: EVANSTON INSURANCE COMPANY 35378 <N�IU=1r7cSeizk lgtkl1I:5IriT%III =ailIaId111.1dz sT�IT/ICIr7�EilIIT3i T ; 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. INER LTR TYP1eOFINSURANGt INSD WVD . _ POLICYNUPABER POLICYEFF' POLICY EXP L€NITS A X COMMERCtALC3RNERALLIAUlUTY X X 1717007573 1/1/2017 1/1/2018 EACHOOCURR(=NCE 3,0001}00 1 CLAIM&MADE Y-1 OCCUR "DTsMAG'I_ TCGMR TEr PREMISES Ea occurrence) $1,000,000 MEDEXP(Any Ono Perim) $EXCLUDED PERSONAL & ADV INJURY $3,000,000 GENERAL AGGREGATE $3,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ', PRO- _1 _1J€:CT - --I LOC PRODUCTS - COMPIOPAGG $3,000,000 $ OTHER- 9 AUTOMOBILE LIABILITY X X 73682348 111/2017 111/2018 EaeSINULF LIMIT crJdsnt $2,000,000 BODILY INJURY (Par peracn — $ALL X ANY AUTO AUTOS OWNED AU HIREDAU705 NON -OWNED AUTOS 130DILY INJURY (Per accident) $ PROPERTYi?A AMAGE ac den $ C X UMBRELLA LIAII X OCCUR 02 G279399090 11112017 11V2018 EACH OCCURRENCE $2000,000 AGGREGATE $2,000000n --- EXCBSSLIAa CLAIMS -MADE OED I RETENTIONS $ Al D D E WORKERS COMPENSATION ANDI MPLOYERS'LIASILITY YIN ANY PRO RIETORrP RTNER)EXECUTIVE a (Mandatory III NH) NIA X WLR 040100970-AOS SCFC49109994-NJ WLRC491s09969-CA&MA SCFC49109982-WI 111/2017 1/112-017 111/2017 1/1/2017 111/2018 1/1/2018 1/112018 1111201E X I PER I OTH. T ER— EACH ACCIDENT $1,000.000 .F.L. E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 F PROPERTY FLOATER "ALL RISK" MKLV6iM0047082 11112017 1/112018 Re Iacemenl Cost - 1,000,000 $5 O'000 -- In -Transit Each Occurrence DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD 101, Additional Remarks Schedule, may be Ottaolrod Irmora space is requlrod) The City of Santa Ana is Included as Additional Insured but only insofar as the operations under this contract are concerned where required by contract solely with respect to liability arising out of the negligence of the Named Insured, as their Interest may appear, except as regards Workers' i°rkpensatlon as per policy terms and conditions. Waiver of Subrogation applies where required by contract. Coverage applies on a primary and non-contributory t sV� required by coWma, Event: Tour Charlie Choo de Mayo Date(s): 5 — 7 May 2017� 4 Location: Main 8t between 4th & 8th Street, Santa Ana, CA 92701 30 DAY CANCELLATION CLAUSE INCLUDED CERTiFICATE HOLDER CANCELLATION ,1##,�CTES SHOULD ANY OF THE ABOVE RSCi BE CANCELLED BEFORE THE EXPIRATION DAT HER tTCE WILL BE DELIVERI E) IN City of Santa Ana ACCORDANCE WITH T OLICY PION Parks, Recreation and Community Services Agency 20 CIVIC Center Plaza AUP-16RIZEDREPRE= r-NTATVE 2 P.O. Box 1988 Santa Ana, CA 92702.j O 1988-2014 ACORD CORPORATION. All rights reserved, ACORD 26 (2014101 ) The ACORD name and logo are registered marks ofACORD COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed In writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 0413 C Insurance Services Office, Inc,, 2012 Page 1 of 1 POLICY NUMBER: U17/7007573 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL? IT CAREFULLY. ADDITIONAL INSURED -- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Or As Per Certificates on file with the Company or as required by written contract, Additional Premium: NIA Information required to complete this Schedule, if not shown above, will be shown in the Declarations, I Section II m Who Is An Insured is amended to in- clude as an additional insured the person(s) or organ€- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury" "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 O ISO Properties, Inc., 2004 rage 1 of 1 13 2-14141 POLICY NUM13ER: U17/7007573 COMMERCIAL GENERAL LIABILITY CO 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL, LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As Per Certificates on file with the Company or as required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL. GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above 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". This waiver applies only to the person or organization shown in the Schedule above, CG 24 04 10 93 Copyright, Insurance Services Office, Inc,, 1992 Page 1 of 'I 2.14141