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HomeMy WebLinkAboutFRANCY, CHRISTOPHER ON BEHALF OF PURPLE HOLLISTICUdSURANCE NOT REQUIRED WORK MAY PROCEED CLERKOI COUNCIL, Ilxtr�, MAR 1 8 7Q19 D ho as, Q,, N ,W — SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS N-2018-039 This Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made and entered into by and between CHRISTOPHER FRANCY, on behalf of PURPLE HOLLISTIC (hereinafter referred to as "Applicant"), and the CITY OF SANTA ANA a municipal corporation and charter city (hereinafter referred to as "City"). At times hereinafter, Applicant and City are collectively referred to herein as "the Parties" or individually as a "Parry". RECITALS: WHEREAS, Applicant has a pending application with the City for (a) a medicinal cannabis retail business Regulatory Safety Permit (RSP), and (b) an adult -use cannabis retail business RSP. WHEREAS, Applicant completed its application for a medicinal RSP at 1901 E. Carnegie Ave., Unit A, in a timely manner on August 3, 2017 and paid all associated fees. Applicant has not been able to open this location due to a dispute with the owner's association. WHEREAS, while the Applicant's medicinal RSP application was pending, Applicant timely completed and submitted an application for an adult -use cannabis retail business RSP at 2904 South Oalc Street on December 14, 2017. WHEREAS, the Parties have agreed that Applicant's application for an adult -use RSP will be processed for the premises located at 2904 South Oalc Street in lieu of the premises located at 1901 E. Carnegie Ave., Unit A. The City will process the Applicant's adult -use RSP for the premises located at 2904 South Oak Street in accordance with Section 40-9(1)(a) of the Santa Ana Municipal Code, without consideration of the merit based point system on the same terms and conditions as all existing RSP holders or those who were applying for an adult-useRSP under 40-9(1)(a). WHEREAS, Applicant represents that he has full legal authority to bind Purple Hollistic to the terms and conditions of this Agreement. WHEREAS, Applicant has agreed to surrender the right to obtain the medicinal cannabis retail RSP at 1901 E. Carnegie Ave., Unit A. Applicant agrees that the City shall remove this Carnegie location from the medicinal cannabis retail waitlist, thereby opening up a position for the next location on the waitlist to be selected. Applicant hereby forever relinquishes its waitlist position for the medicinal cannabis retail RSP. WHEREAS, on February 6, 2018, the City Council voted to the terms and actions set forth in these Recitals and this Agreement to resolve this dispute. WHEREAS, the Parties desire to settle fully and finally and compromise all disputes and all differences between them, including, but in no way limited to, those differences described above. It is the intent of the Parties for this Agreement to establish the terms of a full and complete resolution of this matter. NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants and promises herein contained and to avoid unnecessary litigation, it is hereby agreed by and between the Parties as follows: FIRST: Applicant has timely completed its applications for a medicinal RSP and an adult -use cannabis retail business RSP and paid all required fees. In consideration of the Applicant's voluntary surrender of its right to obtain a medicinal cannabis retail RSP at 1901 E. Carnegie Avenue, Unit A, and removal of such application from the medicinal cannabis retail waitlist, the City agrees to proceed to process the Applicant's adult -use RSP for 2904 South Oak Street in lieu of the 1901 E. Carnegie Ave., Unit A premises in accordance with Section 40-9(1)(a) of the Santa Ana Municipal Code, which states in pertinent part that "[t]he Director of Planning and Building shall review such application and issue the RSP, without consideration of the merit based point system, so long as they satisfy all other requirements of this article and Chapter 18." The City further agrees to update its records, property lists, and online cannabis portal to include 2904 South Oak Street as the location for the Applicant's adult -use RSP. SECOND: This Agreement and compliance with this Agreement shall not in any way be construed as an admission by the City or Applicant of any unlawful or wrongful acts or other liability whatsoever, or as an admission by either of the Parties of any violation of the rights of the other Party or any person, violation of any order, law, statute, duty, or contract. The City and Applicant specifically disclaim any liability to or wrongful acts against each other or against any other person on the part of themselves, any related person, or any related predecessor entity or corporation, or its or their agents, representatives, or successors in interest and assigns, in relation to the matters addressed in this Agreement. THIRD: Applicant represents that, Applicant has not filed any complaints, claims, or actions against either the City or its officers, agents, directors, supervisors, employees, or representatives with any state, federal, or local agency or court and that Applicant will not do so at any time hereafter as it relates to this matter and that if any agency or court assumes jurisdiction of any complaint, claim, or action against the City on its behalf, Applicant will direct that agency or court to withdraw and dismiss the matter in its entirety with prejudice. FOURTH: Applicant represents and warrants that no portion of any claim, right, demand, action or cause of action that Applicant has or might have against City, or its officers, agents, directors, supervisors, employees, or representatives, or any portion of any recovery or settlement to which they may be entitled from City have been or will be assigned or transferred to any person, entity or corporation in any manner, including by way of subrogation, transfer or operation of law. In the event that any claim, demand, suit or lien has or should have been made or were instituted against City, or its officers, agents, directors, supervisors, employees, or representatives because of any such purported assignment, subrogation, transfer or lien, Applicant agrees to indemnify and hold harmless City, its officers, agents, directors, supervisors, employees, or representatives against any such claim, suit, demand, and to pay and satisfy any such claim, suit, demand or lien, including expenses of investigation, attorney's fees andcosts. FIFTH: The parties hereto hereby agree that all rights and benefits under Section 1542 of the Civil Code of the State of California are hereby waived and relinquished. Civil Code section 1542 provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Initialed by: SIXTH: In consideration of the City's obligations set forth herein, notwithstanding the provisions of Civil Code section 1542, Applicant hereby irrevocably and unconditionally releases and forever discharges the City and each and all of its officers, agents, directors, supervisors, employees, representatives, and its successors and assigns and all persons acting by, through, trader, or in concert with the City from any and all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as 'claim" or 'claims") which Applicant at any time heretofore had or claimed to have or which Applicant at any time hereafter may have or claims to have, including, without limitation, any and all claims related or in any manner incidental to the information contained in the Recitals. SEVENTH: Applicant represents that Applicant has reviewed all aspects of this Agreement, that the Agreement has been carefully read and fully explained to Applicant and that Applicant understands all the provisions of this Agreement, that Applicant understands that in agreeing to this document Applicant is releasing the City from any and all claims Applicant may have against the City, that Applicant voluntarily agrees to all the terms set forth in this Agreement, that Applicant knowingly and willingly intends to be legally bound by the same, that Applicant was given the opportunity to consider the terms of this Agreement and discuss them with legal counsel. EIGHTH: The Parties hereto represent and acknowledge that in executing this Agreement they do not rely and have not relied upon any representation or statement made by any of the parties or by any of the parties' agents, attorneys, or representatives with regard to the subject matter, basis, or effect of this Agreement or otherwise, other than those specifically stated in this Agreement. NINTH: This Agreement shall be binding upon the parties hereto and upon their hetes, administrators, representatives, executors, predecessors, successors, and assigns, and shall inure to the benefit of said parties and each of them and to their heirs, administrators, representatives, executors, predecessors, successors, and assigns. TENTH: Should any provision of this Agreement be declared or be determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining parts, terms , or provisions shall not be affected thereby, and said illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a part of this Agreement. ELEVENTH: The Parties agree to promptly execute such other and further documents as maybe reasonably necessary or appropriate to effectuate the provisions of this Agreement. TWELVETH: This Agreement sets forth the entire agreement between the parties hereto and fully supersedes any and all prior agreements or understandings, written or oral, between the parties hereto pertaining to the subject matter hereof and shall be effective as of the date last signed below. [Signature Page to Follow] IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS SETTLEMENT AND GENERAL RELEASE PARTIES: , Dated: 3 -5 - $ Christopl r Franey on behalf of Purple Hollistic Applicant �a Dated: :3 3 ° ! d Raul Godinez II City Manager ATTEST: - Dated: jtd/b") Maria D. Huizar Cleric of the Council APPROVED AS TO FORM: LAW --tea Dated:_ AARON HERZBERG Attorney for Applicant SANTA ANA CITY ATTORNEY'S OFFICE Sonia Carvalho, Ciitt/y" Attorney Dated:y-y- kk__ Lisa Storck Assistant City Attorney City of Santa Ana CERTIFICATE OF LIABILITY INSURANCE °;�41Ng° "rAa 22g� 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 Marsh USA, Inc. 1166 Avenue of the Amencas CONTACT NAME: JPHONEAIG-No, W) i (AIC No): E-MAIL ADDRESS: New York, NY 10036 INSURERS AFFORDING COVERAGE NAICN CPP 641020200 INSURER A : Tokio Marine America Insurance Compel y 10945 CN108113475—WU-18-19 _ _ INSUREDc� 2q1236 OverDrive Inc. �, �Q�p — D LJ 1 INSURER B: TransT2n5 Pacific Insurance CO DAMAGE TO RENTED 100,000 INSURER C: TNUS Insurance Company 32301 One OverDrive Way INSURER D PREMISES (Ea occurren_c_e)_ _$ Cleveland, OH 44125 INSURER E, INSURER F: COVERAGES CERTIFICATE NUMBER: NYC -010393849-02 REVISION NUMBER: 6 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR� ADDLSUBR, POLICYEFF POLICYEXP LTR TYPE OF INSURANCE POLICYNUMBER MMILQUrVYY MMIDOM'YY LIMITS A X COMMERCIAL GENERAL LIABILITY CPP 641020200 06/30/2018 06/30/2019 EACH OCCURRENCE $ 1,000,000 V I DAMAGE TO RENTED 100,000 CLAIMS -MADE IOCCUR XJ PREMISES (Ea occurren_c_e)_ _$ _ _MEDEXP(Anyonepemon) $ 10,000 _ PERSONAL B ADV INJURY $ 1,000,000 GEN'L AGGREGATE LI MIT APPLI ES PER: GENERALAGGREGATE $ 2,000,000 PRO - _. PROX LOC POLICY T PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: S A AUTOMOBILE LIABILITY ICPP641020200 06/30/2018 06/30/2019 COMBINEDSINGLE LIMIT $ 1,000,000 =SINGLE X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON WIRED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY _(Per accident) UMBRELLA LIABI OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE _AGGREGATE $ DED % . RETENTION$ $ C I WORKERS COMPENSATION WC641020300 106/3012018 06130/2019 X PER 0TH- IAND EMPLOYERS' LIABILIT' YIN STATUTE ER ANYPROPRIETOR/PARTNERIEXECUTIVE (CA,CO,DQFL,GA,L,N,KY,MD,MI,MN E.L. EACH '$ 1,000,000 OFFICERIMEMBI EXCLUDED9 N NIA (Mandatory In NH) NC,NJ,NY,PA,SC,TN,TX,UT,VA,WI) _ _ E.L. DISEASE -EA EMPLOYEE s 1,000,000 If yes, tlesadbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 8 1,000,000 B WORKERS COMPENSATION WC641020400(AR,AZ,CT,KS,MA 06/30/2018 06/3012019 SEE ABOVE LIMITS CONTINUE NV,OH,OR,WA) DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace is required) The City of Santa Ana, it's officers, employees, agents, and representative are included as Additional Insured (except for Workers' Compensation) where require Ben contract. Thi umnce is primary and noncontributory over any existing insurance and limited to liability arising out of the operations of the named insured subject to policy terms and conditions. rof subrogation is (cable where required by written contract and subject to policy terms and conditions. The City of Santa Ana 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 of March USA Inc. Sead Gutic�.1�-l_e€ reserved, ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY endorsement changes policy CPP6410202-00 to which it is attached and is effective ?/2018 at 12:01 a.m. standard time at the Insured's mailing address. to: RAKUTEN USA, INC. CATERA COMMERCE, INC. EBAT by: TOKIO MARINE AMERICA INSURANCE COMPANY MARSH USA, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENDED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL. GENERAL LIABILITY COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the coverage form apply unless modified by the endorsement. 1. UNINTENTIONAL ERRORS AND OMISSIONS The following is added to Condition 6. "Representations" of SECTION IV - CONDITIONS: However, coverage afforded under this Coverage Part will not be adversely affected by any inadvertent error or omission made by you in describing your premises or operations for the purpose of obtaining this insurance. When such an inadvertent error or omission is discovered, you must notify us as soon as practicable. The policy premium will be adjusted accordingly to reflect the description of the premises or operations had no error or omission occurred. 2. INCREASED LIMITS FOR BAIL BONDS AND REASONABLE EXPENSES Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS - COVERAGES A AND B of SECTION I - COVERAGES are replaced by the following: 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: b. Up to $1,500 for the 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 applies. We do not have to furnish these bonds.�;> d. All reasonable expenses incurred by the insured at our request to ass Etis m the inygsCigation or defense of the claim or "suit', including actual loss of earnings up'V$65() ab0do �e of time off from work. �*t` 'K$ GL9 04 011 07 16 ®Tokio Marine Management, Inc., 2016 Page 1 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission Pro*" copy 3. EXPECTED OR INTENDED PROPERTY DAMAGE COVERAGE Exclusion a. "Expected Or Intended Injury" is replaced by the following: 0 "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. 4. BROADENED NONOWNED AIRCRAFT COVERAGE The following is added to Exclusion g. "Aircraft, Auto Or Watercraft" of SECTION t - COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: a) Hired by, chartered by or loaned to you with a paid crew; and b) Not owned in whole or in part by you or any insured. The insurance provided by this paragraph for Nonowned Aircraft does not apply if there is any other insurance available to the insured or would be available except for the exhaustion of its limits of insurance. S. BROADENED NONOWNED WATERCRAFT COVERAGE The following is added to Exclusion g. "Aircraft, Auto Or Watercraft" of SECTION I - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to cavy persons for a per person charge or property for a charge as freight; The insurance provided by this paragraph for Nonowned Watercraft does not apply if there is any other insurance available to the insured or would be available except for the exhaustion of its limits of insurance. 6. PROPERTY DAMAGE — ELEVATORS COVERAGE a. Paragraphs (3), (4) and (6) of Exclusion j. "Damage To Property" of SECTION I - COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY do not apply to the use of elevators. b. Exclusion k. "Damage To Your Product" of SECTION I - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply to the use of elevators. c. The insurance provided by this paragraph for Elevators is excess over any other,walid and collectible property or similar type insurance available to the insured, includin� y deductible amounts. _c I . Z Q�G GL9 04 01107 16 ©Tokio Marine Management, Inc., 2016 Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission Pmdu rcopy 7. PROPERTY DAMAGE -BORROWED EQUIPMENT COVERAGE a. Paragraph (4) of Exclusion j. "Damage To Property" of SECTION I - COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply to "property damage" to equipment you borrow that is not being used at a job site. b. The insurance provided by this paragraph for Borrowed Equipment is excess over any other valid and collectible property or similar type insurance available to the insured, including any deductible amounts. S. FIRE, SMOKE, LIGHTNING, EXPLOSION OR WATER DAMAGE COVERAGE The last paragraph ("Exclusions c. through n. do not apply...") of Paragraph 2., of Exclusions under SECTION I - COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: Exclusions c. through o. do not apply to damage by fire, smoke, lightning, explosion or water damage 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. The limit of insurance is amended to the greater of: (1) $1,000,000 any one premises; or (2) The Damage To Premises Rented To You Limit shown in the Declarations. Paragraph b.(1) (b) of Condition 4. "Other Insurance" of SECTION IV — CONDITIONS is replaced by the following: (b) That provides fire, smoke, lightning, explosion or water damage insurance for premises rented to you or temporarily occupied by you with permission of the owner; or The insurance provided by this paragraph for Fire, Smoke, Lightning, Explosion Or Water Damage Coverage does not apply if the words "Not Covered" are shown in the Damage To Premises Rented To You Limit in the Declarations. 9. BROADENED NEWLY ACQUIRED OR FORMED ORGANIZATIONS COVERAGE Paragraph 3.a. of SECTION II - WHO IS AN INSURED is replaced by the following: a. Coverage under this provision is afforded until the end of the policy period; 10. BROAD FORM NAMED INSURED COVERAGE SECTION It - WHO IS AN INSURED is amended to include as an insured: Any organization and subsidiary thereof which is a legal entity of which you own with a financial interest of more than 50% of the voting stock. However, this insurance does not apply to: (1) "Bodily injury', "property damage" or "personal and advertising injury" with respect,o filch an insured under this Coverage Part is also an insured under another policy, or wouldgbb an insure under such policy but for its termination or the exhaustion of its limits of insu,�rance CO (2) "Bodily injury" or "property damage" that occurred before you acgt7ired or organization; or i> . • (3) "Personal and advertising injury" arising out of an offense committed formed the organization. GL9 04 011 07 16 ®Tokio Marine Management, Inc., 2016 Includes copyrighted material of Insurance Services Office, Inc., with its permission Pmd"CBr Copy or Page 3 of 7 The last paragraph ("No person or organization is an insured...") of SECTION II - WHO IS AN INSURED is replaced by the following: You are an insured with respect to liability arising out of any current or past partnership or joint venture, but only with respect to your interest in such current or past partnership or joint venture. No other 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. 11. AUTOMATIC ADDITIONAL INSUREDS COVERAGE a. SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization, if you are required to do so under a written contract, agreement or permit, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused by: 1. The performance of your ongoing operations, other than construction and demolition operations, for such additional insured. 2. The performance of your ongoing operations at any tradeshow, fair, exhibition or conference sponsored by such additional insured. 3. Your maintenance, operation or use of personal property (other than an "auto") leased to you by such additional insured; and 4. Your maintenance or use of that part of the premises (including that part of any premises used by you while attending any tradeshow, fair, exhibition or conference leased to you or temporarily occupied by you with permission of such additional insured. The insurance provided by this paragraph for Automatic Additional Insureds does not apply to: (1) Any written contract or agreement that was executed subsequent to the 'bodily injury", "property damage' or "personal and advertising injury"; (2) Any permit that was issued subsequent to the "bodily injury', "property damage" or "personal and advertising injury"; or (3) Any written contract or agreement with a vendor for the distribution or sale of "your products"; or (4) 'Bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law, and 2. Will not be broader than that which you are required by the contract, agreement or permit to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III - LIMITS OF INSURANCE:1a f The most we will pay on behalf of the additional insured is the amount of insurance`;1� D 1. Required by the contract, agreement or pewit; or 5'a� 2. Available under the applicable Limits of Insurance shown in the Declarations; Whichever is less. ,p This endorsement shall not increase the applicable Limits of Insurance shown,, I e tions. • GL9 04 011 07 16 ®Tokio Marine Management, Inc., 2016 Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission Pr.d.rC�" 12. BODILY INJURY TO CO -EMPLOYEE COVERAGE Paragraphs 2.a.(1)(a) and 2.a.(1)(b) and 3.a of SECTION II - WHO IS AN INSURED are amended by the addition of the following: However, the exclusion for "bodily injury' only applies if the oo-"employee" who sustained the "bodily injury" is entitled to benefits under any of the following: workers' compensation, unemployment compensation or disability benefits law, or any similar law. 13. INCREASED MEDICAL EXPENSE LIMIT The Medical Expense Limit described under SECTION III - LIMITS OF INSURANCE and shown in the Declarations is amended to be the greater of: a. $10,000 any one person; or b. The Medical Expense Limit shown in the Declarations. The insurance provided by this paragraph for Increased Medical Expense Limit does not apply If the words "Not Covered" are shown in the Medical Expense Limit in the Declarations. 14. RESULTING MENTAL ANGUISH COVERAGE Definition 3. "Bodtiy injury" of DEFINITION is replaced by the following: 3. "Bodily injury" means bodily Injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. 15. BROADENED MOBILE EQUIPMENT COVERAGE Each self-propelled vehicles described in Paragraph f.(1) of Definition 12. "Mobile Equipment" of the DEFINITIONS section is "mobile equipment' and will not be considered an "auto" if the gross vehicle weight is less than 1,000 pounds. 16. INCIDENTAL MALPRACTICE LIABILITY COVERAGE a. Definition 13. "Occurrence" of the DEFINITIONS section is amended to include injury arising out of the rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic that is employed by you to provide such services. b. Paragraph 2.a.(1)(d) of SECTION Q -WHO IS AN INSURED does not apply to nurses, emergency medical technicians or paramedics referred to in Paragraph a. above. For the purpose of determining the limits of insurance for incidental medical malpractice to which this insurance applies, any act or omission together with all related acts or omissions in the furnishing of these services will be considered one "occurrence". 6�6. C. 10 �0 The insurance provided by this paragraph for Incidental Malpractice Liability does pgply if you 9 in the business of providing the medical or paramedial services described in par " ph a. a GL9 04 01107 16 ©Tokio Marine Management, Inc., 2016 „t�rago Sof 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission Pmd� con 17. NOTICE OF OCCURRENCE OR OFFENSE Paragraph a. of Condition 2. "Duties In The Event Of Occurrence, Offense, Claim Or Suit' is replaced with the following: b. You, your insurance manager or any other person you designate must see to it that we are notified as soon as practicable of an 'occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the 'occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense. iB 1111V;1414:101toll iLq L43;Il L` L$=1111111VAi CciI;1zKI1 _ ! 3'Z«3 For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, will be the greater of: 1. The minimum number of days stated by the statute; or 2. 90 days. 19. CRISIS MANAGEMENT — CERTIFIED ACTS OF TERRORISM a. if you purchased "certified act of terrorism" coverage under this Coverage Part, we will reimburse you for "crisis management expenses" incurred by you because of a 'crisis event' to which this insurance applies: The amount of such reimbursement is limited as described in Paragraph d. below. No other obligation or liability to pay sums or perform acts or services is covered. b. This insurance applies to a 'crisis event' only if The "bodily injury" or "property damage" is caused by a 'certified act of terrorism" that takes place in the 'coverage territory" during the policy period. c. We will reimburse "crisis management expenses" only if: (1) The expenses are incurred within one year of the date the 'certified act of terrorism" took place; and (2) The expenses are reported to us within one year of the date the expenses were incurred. d. The Aggregate Limit and the rules below fix the most we will pay regardless of the number of: (1) Insureds; (2) "Certified act of terrorism"; or (3) "Crisis events".�� The Aggregate Limit of $100,000 is the most we will reimburse you for the s1rct1� all "61 management expenses" incurred for all " crisis events" occurring during the policy period. e. The following additional definitions applicable to this endorsement supersede alalil�{ " definitions in the policy.` (1) "Crisis event' means an emergency situation, which results in significant' adv€t� Qional or national media coverage about you GL9 04 01107 16 OTokio Marine Management, Inc., 2016 Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission Prodr rcapy 2 (2) "Crisis management expenses" means those expenses incurred for services provided by a "crisis management firm". However, "crisis management expenses" shall not include compensation, fees, benefits, overhead, charges or expenses of any insured or any of your ,employees". (3) "Crisis management firm" means any qualified service provider you hire. ¢e/ � Qac GL8 04 01107 16 ®Tokio Marine Management, Inc., 2016 Page 7 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission Pm .= C.Py