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PROOF OF INSURANCE (2021 - 2021) CLOSED
URTAL-1 OP ID: CP CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDlYYYY) ,.,.�- " 10/27/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). raft and Lee ,,Kraft andLee Insurance surance Agency nu e r`xtK559-683-4411 nsurance Agency FAX r tfal. 559-683-0414 40061 Highway h 0 49, Suite 103 9___x._.-........... BoxADDRESS: Oakhurst, CA 93644 Insurance wsuRERA:Sent .e...... NSI. Kraft and Lee Insurance AgencyCOVERAGE LTD 9 NAIL # ................................................... Sentinel Insurance Compan 000 INSURED URTA, LLC INSURER B: Underwriters at Lloyd's,Lon,don DBA: Unified Response Training Associates INSURER c: NONE POBox 101 INSURER D: NONE ............................................... mm..........................,. Oakview, CA 93022 INSURER E: NONE INSURER F: NONE COVERAGES CERTIFICATE NUMBER: 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, Ass-WX..........COMMERCIAOGENEf7AN (ABILITY nom..... POLICY NUMBER_ PMMlDDIYYFF..�_^�.7 EACH OCCURRENCE 0,00 ....... .......... ,..... . POLICY—E .... .,_.. OLICY EXP 0 E YY'A,IMM_IDD/YYYYI LIMITS LTR ............. POLICY 0 (NSR DL a' ,i�LN.L�.......m $ 2 51SBMAI8447 09/15/2020 09/15/2021 M).,...... CLAIMS -MADE X OCCUR X P AIS(;.°'„( .g.9cg4Ur rrm:e$ 1���� 00,00 DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) CERTIFICATE HOLDER AND ITS OFFICIALS AND EMPLOYEES ARE NAMED AS AN l �� ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY ONLY AND INCLUDES PRIMARY WORDING PER FORM SS 00 08 04 05 WHEN REQUIRED BY REQUIRED BY WRITTEN CONTRACT, .AGREEMENT OR PERMIT. 30 DAY NOTICE OF CANCELLATION IS INCLUD PER FORM # SS 12 23 06 11. r CERTIFICATE HOLDER CANCELLATION CITYELS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of EI Segundo ACCORDANCE WITH THE POLICY PROVISIONS. Att: BARBARA VOSS AUTHORIZED REPRESENTATIVE 350 Main Street. Segundo, CA 90245 9 � I�r� (\nd'*-t2LnstncAi I EI Se ©1988-2014 AC6RD CORPORATION. A fr'igh s reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD MED EXP (Any one person . ,..............— PERSONAL & ADV INJURY $ 2,000,000 IE PER: GEN'L AGGREGATE LIMIT APPLIES GENERALA GGREGATE $ 4, 000,000 POLICY.. � PES LOC COMP/OPAGG 4,000,000 .0 ......... $ AUTOMOBILE LIABILITY OOMDINEO.-........ SINGLE LIMIT �f?,g,irccOpNl $ 2,000,000 A ANY AUTO 51 SBMA18447 09/1512020 09/15/2021 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ .........._ AUTOS .. .... AUTOS X_ r°kd:FRAUA MAtFXNON-OWNED ...... ... $ HIRED AUTOS AUTOS qc �i�.vII: $ X3 UMBRELLA LIABCUR OC EACH OCC RENC 000,9 A X EXCESS LAB�_I CLAIMS -MADE SISBMA18447 09/15/2020 09/15/2021 AGGR GATE .. $, 3,000,00 R....ETENTION$ ......1.'0,0OO DED $ COMPENSATIONWORKERS UfH- TE _ AND EMPLOYERS' YIN E ANY PROPRIETORIPARTNER/EXECUTIVE NONE E LEACH ACCIDENT $ mm^ OFFICER/MEMBER EXCLUDED? JN/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Professional Liab. MPL4570106.20 09/16/2020 09/16/2021 Each Clai 2,000,000 Claims Made Retention 5,000 DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) CERTIFICATE HOLDER AND ITS OFFICIALS AND EMPLOYEES ARE NAMED AS AN l �� ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY ONLY AND INCLUDES PRIMARY WORDING PER FORM SS 00 08 04 05 WHEN REQUIRED BY REQUIRED BY WRITTEN CONTRACT, .AGREEMENT OR PERMIT. 30 DAY NOTICE OF CANCELLATION IS INCLUD PER FORM # SS 12 23 06 11. r CERTIFICATE HOLDER CANCELLATION CITYELS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of EI Segundo ACCORDANCE WITH THE POLICY PROVISIONS. Att: BARBARA VOSS AUTHORIZED REPRESENTATIVE 350 Main Street. Segundo, CA 90245 9 � I�r� (\nd'*-t2LnstncAi I EI Se ©1988-2014 AC6RD CORPORATION. A fr'igh s reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD ft "USINESS LIABILITY COVERAGE FORMIVIIII.-, Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and isnot covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown inthe Declarations. The words .,wa".^ue"and ^our refer k»the stock insurance company member bfThe Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. ' Liability And Medical Expenses Definitions. 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a We will pay those sums that the insure becomes legally obligated to pay as damages because of "bodily injury", ^pnuporty damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance does not apply. We may, utour discretion, investigate any ^occurrenne"oroffense and settle any claim or "suit" that may result. But: (1) The amount wewill pay for damages is limited as described in Section D. - UoLi/dy And Medical Expenses Limits DfInsurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements mmedical expenses towhich this insurance applies. No other obligationor liability to pay sums or perform acts or services in covered unless explicitly provided for under Coverage ENonainn-Supp|ementoryPaymenb. h. This insurance applies: (1) To "bodily injury" and "property damage" only if: (a) The "bodily injury" or "property damage` is caused by an ^occunonue^that takes place in the 'coverage territory"; (b) The "bodily injury" or "property damage" occurs during the policy period; and (c) Prior to the policy period, minsured listed under Paragraph 1. of Section C. — Who Is An Insured and no "omp|oyne"authorized byyou hmgive or receive notice of an "ncnunonno^ urclaim, knew that the "bodily injury" or "property damage" had onournad, in whole or in port. If such a listed insured or authorized "employee" knew, prior hothe policy period, that the "bodily injury" or "property damoge" oouurmd, then any conUnueUon, change or resumption of such "bodily injury" or "property damage" during or after the policy period will badeemed tohave been known prior tothe policy period. (2) To "personal and advertising injury" caused byanoffense arising out nfyour business, but only if the offense was committed in the "coverage VyniVory" during the policy period. c^ "Bodily injury" nr"property damage" will be Uoamad to have been known to have occurred at the oor|iomt time when any insured listed under Paragraph 1.ofSection C. —VVho Is An Insured orany "employee" authorized by you togive orreceive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to un or any other insurer; Form SSO0O8D4O6 Page 1of24 @) 20D5.The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice (1) 'Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one 'occurrence". 2. MEDICAL EXPENSES Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 3. COVERAGE EXTENSION - SUPPLEMENTARY PAYMENTS a. We will pay, with respect to any claim or "suit' we investigate or settle, or any "suit' against an insured we defend: (1) All expenses we incur. (2) Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. (3) The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. (4) 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. (5) All costs taxed against the insured in the "suit'. (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. (7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. Any amounts paid under (1) through (7) above will not reduce the limits of insurance. Page 2 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b If we defend on insured against a "suit" Solong aethe above conditions are met, and an indemnitee of the insured is also attorneys' fees incurred by un in the named an a party to the "ouit", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred (1) The "sod" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid aeSupplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee inacontract nragreement Paragraph I.b.(b) of Section B. — that ivan "Insured contract"; Exo|uaions, such payments will not be (2) This insurance applies hosuch liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage" and will (3) The obligation ncdmduoothoLim|tncf|nouroncennhndefund,urth*coe�of ' the defense of, that indemnitee, has Our obligation to defend on |naumd's also been assumed by the insured in indemnitee and to pay for attorneys' fees the same "insured oontnaof; and necessary |iUgudun expenses as (4) The allegations in the "suit" and the Supplementary Payments ends vvhon' when: information we know about the (1) We have used upthe applicable limit "occurrence" are such that nnconflict of insurance in the payment of appears Voexist between the interests judgments orsettlements; or of the insured and the (ntneod of the (2) The conditions set forth abovn, or the indemnitee; terms of the agreement described in (5) The indemnitee and the insured ask Paragraph (0)above, are nolonger met. uohoconduct and control the defense B. EXCLUSIONS ofthat indemnitee against such "uui|" i. Applicable ToBusiness Liability Coverage and agree that we can assign the absence of the contract or same counsel to defend the insured This insurance does not apply to: and the indemnitee; and a. Expected OrIntended Injury (6) The indemnitee: (1) "Bodily injury" or "property damage" Agrees |nwriting to: expected or intended from the (U Cooperate with un in the standpoint of the insured.This investigation, settlement or exclusion does not apply to "bodily defense nfthe ''muit" injury" or''prope�ydamage" resulting ' from the use of reasonable force to (ii) Immediately send uscopies of protect persons orproperty; or any demands, notices, (2) "Personal and advertising injury" arising summonses or legal papers out o/an offense committed by, at the received in connection with direction of or with the consent or the "suit"; acquiescence of the insured with the (iii)Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury". indamniheeand ' b. Contractual Liability (iv) Cooperate with us with (1) ''Bodi|yi�ur�"or"pmpoAydomag�'�or roapoo to coordinating other ' applicable insurance available (3) "Personal and advertising injury" hothe indemnitee; and for which the insured is obligated to pay (h) Provides us with written damages by reason of the assumption of authorization to: liability inecontract oragreement. (i) Obtain neonndm and other This exclusion does not apply to liability information related to the for damages because of: "suit"; and (a) "Bodily injury", "property damage" or (ii) Conduct and control the "personal and advertising injury" that defense ofthe indemnitee in the insured would have in the such "suit". absence of the contract or agreement; or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or"property damage" (b) Performing duties related to the assumed inacontract oragreement conduct ofthe innunsd'sbusiness, or that is an "insured contract", (2) The epoueo, ohi|d, parent, brother or provided the "bodily injury" or sister of that "employee" as a ''property damage" occurs consequence of(1)above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely �� ' (i) Whether the insured may be liable as the purpose of liability assumed in an employer or in any other capacity; ' an "insured con\naot', reasonable attorneys' fees and necessary and litigation expenses incurred byorfor (2) To any obligation to ahom damages a party other than an insured are with or repay someone else who must deemed tnbedamages because of pay damages because cfthe injury. "bodily injury" or"property damage" This exclusion does not apply 0oliability provided: assumed bythe insured under an"insured (|) Liability to such party for, or for contract". the cost of, that party's defense t Pollution has also been assumed inthe. (1) "Bodily injury", "property damage" or same "insured uunba�'' and ' "personal and advertising injury" (h) Such attorneys' fees and arising out of the mctuo|, alleged or litigation expenses are for threatened dioohorgm, diupemo|, defense of that party against mnepago, migotion, vo|eone or escape civil or alternative dispute of "pollutants": resolution proceeding inwhich (a) At or from any premises, site or damages to which this |noeUon which is or was at any insurance applies are alleged. time owned or occupied by, or c' Liquor Liability rented or loaned to any insured. "Bodily injury" or "property damaga" for However, this subparagraph does which any insured may boheld liable by not apply to: reason of: (i) "Bodily injury" ifsustained within (Y) Causing or contributing to the e building and caused by intoxication ofany person; smoke, 1bmeo, vapor or soot (2) The furnishing ofalcoholic beverages hu produced byororiginating from aperson under the legal drinking age or equipment that \aused hoheat, under the influence ofo|oohu|or cool ordehumidUythe building, ' or equipment that is used to (3) Any statute, ordinance or regulation heat water for personal use, by relating to the aaie, g\ft, distribution or the building's occupants orthmir use ofalcoholic beverages. guests; This exclusion applies only ifyou are inthe (ii) "Bodily injury' or "property business of manufadudng, d|athbudnA, damage" for which you may bo ael|ing, serving or fbmiuhing alcoholic held |iab|a, if you are a beverages. contractor and the owner o/ d. Workers' Compensation And Similar lessee ofsuch premises, site or Lmvoo location has been added hoyour Any obligation of the insured under a policy 000nadditional insured workers' compenna(ion, disability benefits with respect to your ongoing or unemployment compensation law o/ operations performed for that any similar law. additional insured at that e. Employer's Liability pn*mimem, site or |000Linn and "Bodily injury" � tn� such pnsmiano site or\oc��n . isnot and never was owned or (1) An "employee" of the insured mhninQ occupied by, or rented or out nfand inthe course of: loaned to, any insured, cdha, (m) Employment bythe insured; or than that additional insured; or Page 4 of 24 Form SSD0OBO485 BUSINESS LIABILITY COVERAGE FORM (III) "Bodily injury" or "property released as part of the damage" ohoinQ not of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (b) At or from any pnomieeu, site or (i|) "Bodily injury" or "property location which is or was at any damage" sustained within o time used by or for any insured or building and caused by the others for the hand|ing, wtomge, m|eaea of geaos, fumes or diapoem|, processing or treatment vapors from materials brought of waste; into that building inconnection (o) Which are or were at any time with operations being performed transported, handled, stonnd, by you or on your behalf by u treated, disposed of, orprocessed contractor orsubcontractor; or oewaste byorfor: (III) "Bodily injury" or "property (i) Anyinmuoed�or damage" arising out of heat, ' (ii) Any person ororganization for smoke or fumes from o.hootUo�ne"�or whom you may be legally responsible; (u) At or from any premsea, site or (d) At or from any pnamiuen, site or |ocationonwhiohonyinaunadorany on which any insured or contractors or subcontractorslocation working directly or indirectly on any any contractors or subcontractors inaunad'a behalf are performing directly or indirectly on operations if the operations are to any inaunad'o behalf are test for,monitor, clean up, remove,performing operations if the oonbo|n, tnua(. dm�xifynrnoutm|ize. "pnUu8en�m~ are brought on or to or}nanywoy�mpond�o.mrmen��n the premises, site or location in the effects of, ^poUuhants" connection with such operations by such |noured, contractor or (2) Any |ona, cost or expense arising out subcmntrador. However, this of any: subparagraph does not apply to: (m) Request, demand, order orstatutory (M "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monihx, escape of fuels, lubricants or clean up, rammm, oontain, trasd, other operating fluids which are detoxify orneutralize, orinany way needed to perform the normo( respond to, cvassess the effects of, e|*drica/, hydraulic or "pd>uhunty";or mechanical h/no8ona (b) Claim or suit by or on behalf ofa necessary for the operation of governmental authority for "mobile equipment" orits parts, dmmoAoe because of testing for, ifsuch fuels, lubricants orother monitoring, cleaning up, removing, operating fluids escape from e omnteining, tnoahng, detoxifying or vehicle part designed to ho|d, neuha|izing, or in any way store or receive them. This responding to, or uaoemninB the exception does not apply Uthe effects of, "poUu1unta". "bodily injury" or "property Hmwevor, this paragraph does not damage" ahnon out of the apply toliability for damages because intentional discharge, dispersal of"property damage" that the /rmuoad or release of the fuels, would have in the absence of such lubricants or other operating naquest, dnmand, order orstatutory or 8u\dm, or if such fun|s, regulatory nsqu|romnnt, or such claim lubricants or other operating or "suit" by or on behalf of o fluids are brought on or to the governmental authority. premises, site or location with the intent that they be diochorged, dispersed or Form SS 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft, Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use includes i. War operation and "loading or unloading". "Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused, arising, directly or indirectly, out of: other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others by that insured, if the "occurrence" which (2) Warlike action by a military force, caused the "bodily injury" or "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by (1) A watercraft while ashore on premises governmental authority in hindering ordefending you own or rent; against any of these. (2) A watercraft you do not own that is: J. Professional Services (a) Less than 51 feet long; and "Bodily injury", "property damage" or "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways but is not limited to: next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment'; or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice or instruction; with a paid crew. However, this exception does not apply if the insured (6) Any service, treatment, advice or has any other insurance for such "bodily instruction for the purpose of injury" or "property damage", whether appearance or skin enhancement, hair the other insurance is primary, excess, removal or replacement or personal contingent or on any other basis. grooming; h. Mobile Equipment (7) Optical or hearing aid services including the prescribing, preparation, "Bodily injuryor property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of "mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured; or Page 6 of 24 Form SS 00 08 04 05 (8) Optometry or optometric services including but not limited toexamination of the eyes and the prescribing, pnepomtion, fiffing.demonatnaUon or distribution of ophthalmic lenses and similar products; (a) Body piercing (not including ear piercing); U4 Tattooing, including but not limited tothe insertion ofpigments into o/ under the skin; and (c) Similar services; (iO) Services in the practice of pharmacy; and (11) Computer oonau/timg, design o/ programming aarv|mms. including web site design, Paragraphs (4)and (5)ofthis exclusion do not apply to the Incidental PWadioa| yWa|pnaoUoe coverage afforded under Paragraph 1.a.inSection A. -Coverages. k. Damage ToProperty "Property damage" to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, orany other person, organization or entity, for nepair, nap|aoomont, enhancement, restoration or maintenance of such property for any reeaon, including prevention of injury to a person or damage tnanother's property; CQ Premises you sell, give away or abandon, if the "property damage" arises out cfany part ofthose premises; (3) Property loaned 0oyou; (4) Personal property inthe uare, custody orcontrol nfthe inaured' . (5) That particular part nfreal property on wNnk you or any contractors or subcontractors working directly or indirectly on your behalf are performing npomUono, if the "property damage" arises out ofthose operations; or (0) That particular part of any property that must be nastomd, repaired or replaced because "your work" was incorrectly performed onit. BUSINESS LIABILITY COVERAGE FORM Paragraphs (1). (3) and (4) of this exclusion do not apply to "property damage" (other than damage by 8po) to promimes, including the contents of such premises, rented teyou for aperiod of7or fewer consecutive days,. Aooparaba Limit of }nmumnum applies to Damage To Pmm/ena Rented To You oodescribed in Section Q.'Limits OyInsurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never 000upied, rented or held for rental by you, Paragraphs (3)and (4)ofthis exclusion do not apply tnthe use ofelevators. Paragraphs (3). (4). (5) and (G) of this exclusion donot apply toliability assumed under asidetrack agreement. Paragraphs (3)and (4)ofthis exclusion dn not apply to "property damage" to borrowed equipment while not being used toperform operations atajob site, Paragraph (Q) of this exclusion does not apply to"property damage" included inthe "pnmducto'comp|e0udoperations hmzond'". L Damage ToYour Product "Property damage" to "your product" arising out ofitmany part of it. m. Damage ToYour Work "Property damage" to "your work" arising out ofitorany part of itand included in the ^pmducts'oomp|etedoperations hmzand". This exclusion dnao not apply if the damaged work or the work out of which the damage arises was performed onyour behalf byusubcontractor. o. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to"impaired property" or property that has not been physically injured, arising out of: (1) A defect, defiuiency, inadequacy or dangerous condition in "your product" or"your wonk";or (2) A delay or fmUuna by you or anyone acting on your bohoi[ to pedbnn o contract or agreement in u000njencn with its terms. This exclusion doom not apply bxthe |000 of use of other property arising out of sudden and accidental physical injury to "your product" o/"your work" after it has been put hoits intended use. Form SS 00 08 04 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product"; (c) An Internet search, access, (2) "Your work'; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by (1) Arising out of oral, written or electronic itself, is not considered the business publication of material, if done by or at of advertising, broadcasting, the direction of the insured with publishing or telecasting; knowledge of its falsity; (9) Arising out of an electronic chat room (2) Arising out of oral, written or electronic or bulletin board the insured hosts, publication of material whose first owns, or over which the insured publication took place before the exercises control; beginning of the policy period; (10) Arising out of the unauthorized use of (3) Arising out of a criminal act committed another's name or product in your e-mail by or at the direction of the insured; address, domain name or metatags, or any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use "advertising (11) Arising out of the violation of a another's idea" in your "advertisement"; person's right of privacy created by any state or federal act. (5) Arising out of the failure of goods, products or services to conform with However, this exclusion does not any statement of quality or apply to liability for damages that the performance made in your insured would have in the absence of "advertisement"; such state or federal act; (6) Arising out of the wrong description of (12) Arising out of: the price of goods, products or services; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images; or "advertisement", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (i) Your web site; or a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity; or content on your web site; Page 8 of 24 Form SS 00 08 04 05 (13) Arising out of a violation of any anti- trust ntitrun law; (14) Arising out ofthe fluctuation in price or value of any stocks, bonds or other securities; or (15) Arising out of discrimination or humiliation committed by or at the direction of any "executive officer", diredor, otonkho|der, partner or member of the insured. q. Electronic Data Damages arising out cfthe loss of, loss of use of, damage to, corruption of, inability to aou*ao, or inability to manipulate '.electronic data". r. Practices "Bodily injury" or"personal and advertising injury" to: (i) Aperson arising out of any: (a) Refusal toemploy that poruon� (b) Termination of that person's employment; or (c) practices, poUoieo, amts or omissions, such as oonrcion, demotion, avo|uaUon, reassignment, discip|inn, defamation, harassment, humiliation or discrimination directed at that person; or (2) The spnuso, uhild, parent, brother or sister of that person an a consequence of "bodily injury" or ^ personal and advertising injury" hothe person at whom any of the employment-related pnaoii000 described inParagraphs (a).(b),nr(c) above iodirected. This exclusion applies: (1) Whether the insured may beliable aa an employer orin any other capacity; and (2) To any obligation to share damages with orrepay someone else who must pay damages because ofthe injury. s. Asbestos (1) "Bodily injury", "property damage" or "parsonm| and advertising injury" arising out ofthe "asbestos hazend" (2) Any damages, ]udgmenb, aeNementa, loss, costs orexpenses that: BUSINESS LIABILITY COVERAGE FORM (a) May bnawarded or incurred by reason of any claim or suit alleging actual ovthreatened injury ordamage ofany nature orkind bo persons or property which would not have occurred in whole or in part but for the "asbestos hazand"; (b) Arise out ofany request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, dean up' romovo, enoopeu|uks, oontain, treat, detoxify or neutralize or in any way respond tourassess the effects ufon"asbestos hazavd";or (dArise out of any claim msuit for damages because of testing for, mon|toring, cleaning up, emoving, unoepoulating, oontaining, treoinq, detoxifying or neutralizing or in any way responding hoorassessing the effects ofan"asbestos hazood" t Violation OfStatutes That Govern E' Malls, Pax, Phone Calls Co Other Methods Of Sending Material Or Information ^8mdUy injury", "property damage", or ,.personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA).including any amendment nforaddition Vusuch law; (2) The CAN -SPAM Act nf2O03.including any amendment nforaddition hosuch law; or (3) Any otatute, ordinance or regulation, other than the TCPAorCAN-SPAM Act of 2003. that prohibits or limits the sending, transmitting, communicating or distribution ofmaterial orinformation. Damage To Premises Rented To You — Exception For Damage By Fire, Lightning or Explosion Exclusions o.through b.and k.through n.du not apply to damage by 8m' lightning or explosion to premises rented to you or temporarily occupied byyou with permission of the owner. A separate Limit of Insurance applies to this coverage as described in Section D. - Liability And /Nodioo| Expenses Limits OfInsurance. Form SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products -Completed Operations Hazard Included with the "products -completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED I. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (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), or to a co -"employee" while in the course of his or her employment 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 that "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. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 (b) Rented to, inthe care, custody or control of, mover which physical control is being exercised for any purpose by you, any of your "employees". "volunteer vvm,kene'', any partner ormember (if you are apartnership orjoint vmrtum).or any member (if you are n limited liability company). b. Real Estate Manager Any person (other than your "exnploywe"or "volunteer wmder'), or any organization while acting uayour real estate manager. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you d/o. but only: (1) With respect toliability arising out ofthe maintenance cvuse ufthat property, and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you dia, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which iselegally �mmo,poratedentity of which you own a financial interest of more than 50Y4 of the voting stock on the effective date ofthis Coverage Part, The insurance afforded herein for any subsidiary not shown inthe Declarations as a named insured does not apply to injury or damage with respect howhich an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its tenn|ns8|un or upon the exhaustion of its limits ofinsurance, 3. Newly Acquired OrFormed Organization Any organization you newly acquire or form, other than e partnership, joint venture or limited liability company, and over which you maintain financial interest nfmore than 50% of the voting mtock, will qualify as a Named Insured if there in no other similar insurance available hothat organization. However: o. Coverage under this provision is affbn]ad only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and BUSINESS LIABILITY COVERAGE FORM b Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out ofanoffense committed Uahone you acquired or /bnnnd the organization. 4. Operator OfMobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration |ow' any person is an insured while driving such equipment along o public highway with your pernioeion. Any other person or organization responsible for the conduct of such person is also oninsured, but only with respect haliability arising out ofthe operation ofthe equipment, and only ifnnother insurance ofany kind iaavailable hothat person nrorganization for this liability. However, noperson ororganization |oaninsured with respect to: a. "Bodily injury" to m co -"employee" of the person driving the equipment; or b. "Property damage" toproperty owned by, rented to, in the charge oforoccupied by you or the employer of any person who is aninsured under this provision. 5. Operator ofNmnownadWatercraft With respect towatercraft you dnnot own that is less than 5ifeet long and isnot being used 10carry persons for mcharge, any person ioen insured while operating such watercraft with your mmrmission. Any other person or uqQanbmdun responsible for the conduct of such person iaalso am ineunmd, but only with respect to liability arising out of the operation of the vvo0urommk^ and only if no other insurance of any kind is available to that person ororganization for this liability. However, no person or organization is on insured with respect to: a. "Bodily injury" to u co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge oforoccupied by you or the employer ofany person who is oninsured under this provision. G. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) wrorgenbabon(u)identified in Paragraphs u.through t be/nm/anamddiUono| insureds when you have agreed, in avvritban Form SSOOO8n4V5 Page 11of24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises inconnection additional insured under this provision if such with the sale of the person or organization is included as an product; additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(referred to damage" arising out of the soles) below as vendor), but only with respect to negligence of the vendor for its "bodily injury" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyone else or sold in the regular course of the vendor's acting on its behalf. However, this ev business and only if this Coverage Part exclusion does not apply provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products -completed operations hazard". (I!) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for "bodily "property in the product made intentionally injury", damage" or "personal by the vendor; and advertising injury" caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect tothe insurance afforded a. Permits Issued By State Or Political to 8hoao additional insureds, this Subdivisions insurance does not apply to any tatebut (1) Anye�� orpo|�ua|mubd�iaion "oo"occurrence" which takes place after with respect to operations o�d you cease 10lease that equ|pmenL performed byyou oronyour behalf for u. Lessors QfLand Or Premises which the state or po|iUoo| subdivision 1) Any person or organization from has issued apermit. whom you lease land orpremises, but (3) With respect hothe insurance afforded only with respect to liability arising out to these additional innunedo, this cfthe ownership, maintenance ovuse insurance does not apply to: of that part of the /and or premises (o) "Bodily injury", "property damage" leased toyou. or "personal and advertising (2) With respect hothe insurance afforded injury" arising out of operations to 8hnan additional ipeonedn. this performed for the state or insurance does not apply to: municipality; or (o) Any "nonurrenne" which takes (b) "Bodily injury" or"property damage" place after you cease holease that included within the "products - land or be a tenant in that completed operations haoard" premises; or t Any Other Party (b) Structural a/texu1/nne new ' (1) Any other person urorganization who construction or domnUUun is not an insured under Paragraphs m. operations performed by or on through o. ebove, but only with behalf of such person or respect to liability for "bodily injury". organization. "pmpehy damage" or ''pnmuna| and d. Architects, Engineers QrSurveyors advertising injury" caused, inwhole or (1) Any apoh|Vnct, engineer, or surveyor, but /n part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or"personal unyour behalf: and advertising injury" caused, inwhole (a) In the performance of your or in part' by your acts or omissions or ongoing operations; the acts oromissions cfthose acting on (b) In connection with your premises your behalf: owned byorrented toyou; or (a) In connection with your premises; (c)|nconnection with "your work" and or included within the "products - (b) In the pndbnnanoo of your completed operations hazand'''but ongoing operations pedbnnod by only if you oronyour behalf. (i) The written contract nrwritten (2) With respect tmthe insurance afforded agreement requires you to to these additional imuuneda, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury". "property dmmoQn~ or coverage for "bodily injury" or "personal and advertising irjury" "property damage" included oha|ng out of the rendering of or the within the '.products - failure to render any pmhoaninna| completed operations hozaN" services byorfor ynu including: ' (2) With respect tothe insurance afforded (m) The pepuhng, oppmving, or to these additional inaurods, this failure to prepare or approve, insurance does not apply to: mopo, shop drawings, opinions, "Bodily injury", "property damage" or nspodo. ounmys. U*|d ondmxa. ..pamooa| and advertising injury" change undom' designs or arising out ofthe rendering of, or the drawings and specifications; or failure to render, any professional (b) Supamiaory, inapeuUon, omhitectuno|, engineering or surveying architectural or engineering services, including: Form G8WDOBO4O5 Page 13of24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. 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. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your 'locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one 'occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 05 If more than one limit of insurance under this policy and any endorsements attached thereto applies boany claim or"ouit".the most wewill pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit". However, this paragraph does not apply tothe Medical Expenses limit set forth inParagraph 3.above. The Limits of insurance of this Coverage Part apply separately to each consecutive annual period and' to any remaining period mfless than 12months, starting with the beginning u[the Policy period shown inthe Dedanatinna, unless the policy period is extended after issuance for anadditional period cfless than 12 months. |nthat case, the additional period will be deemed part ofthe last preceding period for purposes nfdetermining the Limits ofInsurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy minsolvency of the insured or of the inuurmfm estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice 8fOccurrence OrOffense You orany additional insured must see ho it that we are notified as anon as practicable of an "occurrence" or an offense which may result ino claim. To the extent possible, notice should include: (1) How, when and where the ''ocnunenne" oroffense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury o/ damage adeing out of the "hoounence"oroffense. b. Notice Of Claim Km claim Is made m"suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics ofthe claim or "suit" and the date received; and (2) Notify uauasoon aupracticable, You orany additional insured must see ha it that we receive a written notice of the claim or"auit"masoon aopracticable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: BUSINESS LIABILITY COVERAGE FORM (1) Immediately send un copies of any demmndo, noticaa, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize umto obtain records and other information; (3) Cooperate with uointhe investigation, settlement of the claim or defense against the "ou8.;and (4) Assist us, upon our nequoet, in the enforcement of any right against any person or organization that may be |iob|o to the insured because of injury or damage to which this insurance may also apply. d. Obligations AtThe ynaunmd'aOwn Cost Noinsured will, except etthat {nnumd'sown cost, voluntarily make peymond, assume any obligation, orincur any expense, other than for first aid, without our consent. e. Additional |noured^nOther Insurance If we cover e claim or "suit" under this Coverage Part that may also be covered by other insurance available to on additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. Mmwover, this provision does not apply to the extent that you have agreed in o written contract, written agreement or permit that this insurance in primary and non-contributory with the additional inuured'uown insurance. t Knowledge OfAoOccurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "oucurmnme", offenso, claim or "suit" is known to: (1) You many additional insured that is an individual; (2) Any partner, if you or on additional insured ioapartnership; (3) Any manager, if you orsmadditional insured iealimited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured ieacorporation; (S) Any kunbeo, if you or an additional insured iootmntnr ' (0) Any elected orappointed official, ifyou or an additional insured is a po|iUoo| subdivision orpublic entity. Form SSUO0D0405 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Page 16 of 24 Form SS 00 08 04 05 (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering Uobi0Y for damages arising out of the premises or operations, orproducts and completed opemtionn, for which you have been added aeanadditional insured bythat insurance; or (7) When You Add Others An An Additional Insured To This Insurance That ioother insurance available toun additional insured. However, the following provisions apply to other insurance available to any person urorganization who io an additional insured under this Coverage Part: (a) Primary Insurance When Required ByContract This insurance is primary if you have agreed in avvritten contract, written agreement or permit that this insurance beprimary. If other insurance is also primary, we will share with all that other insurance by the method described in o. below. (b) Primary And Non -Contributory To Other Insurance When Required ByContract If you have agreed in a vvdUan uonhaot, written agreement or permit that this |nounonoo is primary and non-contributory with the additional inoumd'o mvvn ineunano*, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance Vuwhich the additional insured has been added an an additional insured. When this insurance is axnena, we will have no duty under this Coverage Part to defend the insured against any ^auit"ifany other insurer hes a duh/ to defend the insured against that "au|y' If no other insurer defends, we will undertake to du ao, but we will be entitled to the }nsuoed'u rights against all those other insurers, BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other meunanua. we will pay only our share of the amount of the |oma, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss |nthe absence ofthis insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. VVewill share the remaining loss, ifany, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in axummo of the Limits of |noumnoo shown in the Declarations ofthis Coverage Part. o. Method QfSharing If all the other insurance permits contribution byequal shares, wewill follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of mounanoo or none of the loss remainm, whichever comes first. i[any ofthe other insurance does not permit contribution by equal oheeo, we will contribute bylimits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits cfinsurance ufall insurers. O. Transfer Of Rights Of Ruouxmry Against Others TmUu a. Transfer WyRights Of Recovery Ifthe insured has rights to recover all or port of any payment, including Supplementary Payments, wehave made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them, At our request, the insured will bring 'suit" or transfer those rights to us and help us enforce them. This condition does not apply twMedical Expenses Coverage, b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all orpart ufany payment, including Supplementary Paymonto, we have made under this Coverage Purt, we also waive that right, provided the insured waived their hgNo of recovery against such person or organization in o conhani, agreement or permit that was executed prior tothe injury ordamage. Form SS0OO804O5 Page 17of24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations, 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 omissions 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. 2. Additional Insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Designated Person Or Organization; but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 3. Additional Insured - Grantor Of Franchise WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. 5. Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" that 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 person or organization. 6. Additional Insured - State Or Political Subdivision — Permits a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Inoued—State Or Political Subdivision - (e) Any failure to make such Pa/mdo, but only with naaped to /nopeobonn, adjuohnents, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued apermit. make in the usual omumo of b. With respect tothe insurance afforded to buaineoe, in connection with the these additional inourode, the following distribution orsale o/the products; additional exclusions apply: Demonstration, installation, This insurance does not apply to: servicing or repair upumbona. (1) "Bodily injury", "property damage" or except such operations performed "personal and advertising injury" at the vendor's premises in uhoingout mfoporaUonu performed for connection with the wo(e of the the state ormunicipality; or product; (2) "Bodily injury" or "property damage" (g) Products which, after distribution included in the "product -completed or sale by you, have been labeled opnmdono"hozovd � or relabeled or used as e omntainer, part or ingredient of any 7. Additional lnyunnd—Vnndoro other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to includeadditional as an a ona (h) "Bodily injury" or "property insured the person(s) o/ organization(s) damage" arising out of the oo/o (referred Uubelow oovendor) shown inthe negligence of the vendor for its Declarations as an Additional Insured ' own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone o|mo injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's The oxcap!|una contained in business and only if this Coverage Part "bodily Subparagraphs 8ubpaxaQoapha�d)or(��nr provides coverage for injury" or "property damage" included within the (ii) Such inspections, " products -completed operations hazmnj" adjustments, tests orservicing b' The insurance afforded to the vendor is as the vendor has agreed to � � mahe or normally undertakesou�oc�Unthefo||mmnyadd|Unma/exo|uo�no� tomake /nthe usual course of (11) This insurance does not apply to: buaineus, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in o contract or agreement. whom you have acquired such This exclusion does not apply to pnnduda, or any ingredient, port or |iobUih/ for damages that the container, entering into, vendor would have in the absence accompanying or containing such ofthe contract oragreement; products. (b) Any express warranty D. Additional Insured —Controlling Interest unauthorized byyuu� ' VVHO IS AN INSURED under Section C. is (o) Any physical or chemical change emended to include as an additional insured in the product made intentionally the person(s) ornrganizabun(s) shown in the bythe vendor; Declarations as an Additional Insured — (d) Repookaging, um|oas unpacked Controlling |ntmneot, but only with noapeoi to solely for the purpose ofinspection, their liability arising out of: domonotnotion, testing, or the a. Their financial control of you; or substitution of parts under instructions from the manufacturer, b. Premises they own, maintain or control and then mpaokmged in@eohg|no| while you lease oroccupy these premis*s � Form SSQOBO0405 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional insured(s); or 5) Newspaper; ( (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: products -completed operations hazard". a. The design, printed material, information or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property b. An interactive conversation between or damage" or "personal an advertising injury" arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer -or drawings and specifications; or semi -trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co -Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co - Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to. 7. "Electronic data" means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. B. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or BUSINESS LIABILITY COVERAGE FORM b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: 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 or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. — Liability and Medical Expenses Limits of Insurance. b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "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". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. 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": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; Page 22 of 24 Form SS 00 08 04 05 c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that the person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement"; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "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. 19. "Products -completed operations hazard"; a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) 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. BUSINESS LIABILITY COVERAGE FORM Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused it. As used in this definition, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not your "employee"; Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product': a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work'; and (2) The providing of or failure to provide warnings or instructions. Page 24 of 24 Form SS 00 08 04 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) (Nays in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Form SS 12 23 06 11 Page 1 of 1 © 2011, The Hartford CITY OF EL SEGUNDO WORKERS' COMPENSATION DECLARATION WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL AND SUBJECTS AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN LABOR CODE § 3706, INTEREST, AND ATTORNEY'S FEES. I affirm under penalty of perjury under the laws of California one of the following declarations: (J I have and will maintain a certificate of consent of self -insure for workers' compensation, issued by the Director of Industrial Relations as provided for by Labor Code § 3700 for the performance of the work set forth the agreement with the City of EI Segundo. Policy No. (_) I have and will maintain workers' compensation insurance as required by Labor Code § 3700 for the performance of the work for which the agreement with the City of EI Segundo is executed. My workers' compensation insurance carrier and policy number are: Carrier Name of Agent Policy Number Expiration Date Phone # (X_) I certify that, in the performance of the work set forth in the agreement with the City of EI Segundo, I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that, if I should become subject to the workers' compensation provisions of Labor Code § 3700 1 must immediately comply with those provisions or the agreement will automatically become void. Signature of Applicant Z R449M imus Print Name R. Ranger Dorn Agreement for. Dated 1 Reviewed Icy/ ,� Date 10-28-2020