Loading...
PROOF OF INSURANCE (2021 - 2021) CLOSED143438 NMK Corporation Certificate Of Insurance 10/20/2020 4:43:35 AM "? DATE (MM/DDIYYYY) ACC>RO CERTIFICATE OF LIABILITY INSURANCE 10/20/2020 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(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER 000 T ..,.. 800) 668-7020 0 No): ........... - O �..*.. E ) 877-826-9067 .o: echlnsurance 1r1h.-- -- -- an Zf4a . w . iC�-MAYa'F.a,:wr,: 'fechlnsurance 30 N. LaSalle, 25th Floor, Chicago, IL 60602 INSURER(,S COVERAGE NAIC N AAFFORD ING 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. iNSiAObL(slYMADS.—OLCY T LTR TYPE OF INSURANCE /Ngo Vn) POLICY NUMBER IMI IMMPODVYYY —q--- .........LIMITS �/—CO-iMERCIAL GENL LIABILITY EACH h C9�1H „OO�C,C,rU„R�REE�N�C�E $ 2,000,000 „ ------ DE $ 1,000,000 CLAIMS-MAOCCUR A GEIN"L AGGREGATE LIMIT APPLIES PER: ✓ f7iO4.ICY �PRO - LOC _. , JIECT OTHER1 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS — AUTOS NON OWNED MED EXP (Any one person) $ 10,000 46SBMUN7020 9/25/2020 9/25/2021 PERSONAL & ADV INJURY $ ...................................... 2,000,000 . ---- GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000.001) 00 COMBINED SINGLE LIMIT $ BODILY rINJURY (Per person) BODILY INJURY (Per accident)T$ .04' b0EF' tY DAMA,5E. HIREDAUTOS INSU,RER,A Sentinel Insurance „Company, Limited INSURED INSURER B: -Hartford Fire Insurance Company NMK Corporation 286 W Tulip Tree Ave , Orange, CA, 92865 INSURER D: INSURER E ..INSURER .F w UMBRELLA LAB 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. iNSiAObL(slYMADS.—OLCY T LTR TYPE OF INSURANCE /Ngo Vn) POLICY NUMBER IMI IMMPODVYYY —q--- .........LIMITS �/—CO-iMERCIAL GENL LIABILITY EACH h C9�1H „OO�C,C,rU„R�REE�N�C�E $ 2,000,000 „ ------ DE $ 1,000,000 CLAIMS-MAOCCUR A GEIN"L AGGREGATE LIMIT APPLIES PER: ✓ f7iO4.ICY �PRO - LOC _. , JIECT OTHER1 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS — AUTOS NON OWNED MED EXP (Any one person) $ 10,000 46SBMUN7020 9/25/2020 9/25/2021 PERSONAL & ADV INJURY $ ...................................... 2,000,000 . ---- GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000.001) 00 COMBINED SINGLE LIMIT $ BODILY rINJURY (Per person) BODILY INJURY (Per accident)T$ .04' b0EF' tY DAMA,5E. HIREDAUTOS AUTOS w UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS -MADE AGGREGATE $ - DED ( RETENTION $ $ WORKERS COMPENSATION PER OTH- ........, , AND EMPLOYERS'LIABILITY YIN TER E ANY PROPRIETOR/PARTNER/EXECUTIVE LLEAAH�J,T,,,, $ OFFICEBER EXCR ❑ NIA (Mandatory in NH) EMPLOYEE! DISEASE EM $ ................. If yes, describe under DESCRIPTION OF OPERATIONS below E POLICY LIMIT ASE E L DIS - $ _ B Professional Liability (Errors and Omissions) I I 46TE0281457-20 10117/2020 10/17/2021 Occurrence/Aggregate $1,000,0001$1,000,000 � I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) N CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci Of EI Segundo THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City g ACCORDANCE WITH THE POLICY PROVISIONS. 350 Main St. EI Segundo, CA 90245 1 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 C Ext nsm ion - Su leentary Payments 2 Form SS 00 08 04 05 overage a pp B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM" Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and 'bur" refer to the stock insurance company member of The 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. A. COVERAGES 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property 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, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit' that may result. But: (1) The amount we will pay for damages is limited as described in Section D. - Liability And Medical Expenses Limits Of Insurance; 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 or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b. This insurance applies: (1) To "bodily injury" and "property damage" only if: (a) The "bodily injury" or "property damage" is caused by an "occurrence" 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, no insured listed under Paragraph 1. of Section C. — Who Is An Insured and no "employee" authorized by you to give or receive notice of an 'occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the 'coverage territory" during the policy period. c. 'Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. — Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; Form SS 00 08 04 05 Page 1 of 24 © 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives ewritten or verbal demand m claim for damages because cfthe "bodily injury" or"property damagu";ur (3) Bounnoea aware by any other means that "bodily injury" or "property damage" has occurred urhas begun tooccur. d. Damages because of "bodily injury" include damages claimed by any person or organization for ome. loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice (i) "Bodily injury" shninQ out of the vondohnQ of or failure to render professional hom|dh care eemioaa as o phyoiuian, dentiet, nuroe, emergency medical technician orparamedic shall be deemed to be caused by on .'occurrence", but only if: (a) The phyoician, dentist, nurse emergency medical technician or paramedic is employed by you to provide such services; and (b} You are not engaged in the business mroccupation ofproviding such services. (2) For the purpose of determining the limits of insurance for incidental medical mo|praoUra, any moL or omission together with all related noio or omissions in the furnishing of these services to any one person will be considered one 'hoounenoe" 2. MEDICAL EXPENSES Insuring Agreement m. We will pay medical expenses aadescribed below for "bodily injury" caused by an accident: (1) Cmpremises you own orrent; (2) On ways next to premises you own or rent; or (3) Because ofyour operations; provided that: (1) The accident hokma place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to um within three ymmma of the date of the accident; and (3) The injured person submits to mxaminoUon, at our expense, by physicians ofour choice aeoften amvve reasonably require. b. Wewill 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 ambu|anoe, haupito|, professional nursing and funeral services. 3. COVERAGE EXTENSION~ SUPPLEMENTARY PAYMENTS a. We will pay, with respect to any claim or ^ouitwe investigate or settle, or any "suit" against aninsured wedefend: (1) All expenses wmincur. (2) Up to $1.O8Ofor the cost of bail bonds required because ofaccidents ortraffic |ovv violations arising out of the use of any vehicle howhich Business Liability Coverage for "bodily injury" applies. We donot have hofurnish these bonds. (3) The ommt of appeal bonds or bonds to no|emme akacMmentm, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bondo' (4) All reasonable expenses incurred bythe insured atour request tmassist uointhe investigation or defense of the claim or "eud^, including actual |000 of earnings up to $500 a day because of time off from work. (5) All costs taxed against the insured /n the "suit". (6) Prejudgment interest awarded against the insured umthat part nfthe judgment we pay. If we make an offer to pay the applicable limit mfinsurance, wowill not pay any prejudgment intomst based on that period oftime after the offer. (7) All interest on the full amount of any judgment that accrues after entry ofthe judgment and before we have peid, offered to poy, or deposited in court the port of the judgment that is within the applicable limit ofinsurance. Any amounts paid under (1) through (7) above will not reduce the limits ofinsurance. Page 2 of 24 Form SS 00 08 04 05 b. Ifwndefend an insured against m"suit" and on indemnitee of the insured is also named as o party to the ^suit", we will defend that indemnitee if all of the following conditions are met: (1) The "suit" against the indemnitee seeks damages for which the insured has assumed the |iob||dy of the indemnitee inncontract oragreement that ioan"insured cuntnoo["; . (2) This insurance applies &osuch liability assumed bythe insured; (3) The obligation bmdefend, orthe cost uf the defense of, that indemnitem, has also been assumed bythe insured in the same "insured oontnect"; (4) The allegations in the "suit" and the information we know about the "occurrence" are such that nuconflict appears toexist between the interests of the insured and the interest of the indemnitee' . (5) The indemnitee and the insured ask uetoconduct and control the defense of that indemnitee against such "suit" and agree that we can assign the some counsel to defend the insured and the indemnitee; and (6) The indemnitee: (a) Agrees in writing to: (I) Cooperate with us in the invastigabon, settlement or defense ofthe "nuif� . (11) Immediately send uocopies cf any demmnds, noUoeo, summonses or legal papers received in connection with the "suit"; . (ii|)Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other mpp|iomb\o insurance available to the indemnitee; and (b) Provides us with written authorization to: 0 Obtain records and other information related to the "suit"'. and (H) Conduct and control the defense of the indemnitee in such "suit". BUSINESS LIABILITY COVERAGE FORM So long aathe above conditions are met, attorneys' fees incurred by un in the defense of that indemnitee, necessary litigation axponmme incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid eoSupplementary Payments. Notwithstanding the provisions of PomOnmph 1.b.(b) of Section B. — Exu!usionu, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits ofInsurance. Our obligation to defend on inmured'a indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used upthe applicable limit of insurance in the payment of judgments orsettlements; nr (2) The conditions set forth abnve, or the henna of the agreement described in Paragraph (6) above, are nolonger met. B. EXCLUSIONS Applicable ToBusiness Liability Coverage This insurance does not apply to: a. Expected OrIntended Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or"property damage" resulting from the use of reasonable force to protect persons orproperty; or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Contractual Liability (1) "Bodily injury" or "property damage"; or pq "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability inacontract oragreement. This exclusion does not apply tnliability for damages because of: (a) "Bodily irUury","property damage" mr 11 personal and advertising injury" that the insured would have in the 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 in a contract or agreement conduct of the insured's business, or that is an "insured contract", (2) The spouse, child, 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 for (1) Whether the insured may be liable as the purpose of liability assumed in an employer or in any other capacity; an "insured contract", reasonable attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or "property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured (i) Liability to such party for, or for contract". the cost of, that party's defense f. Pollution has also been assumed in the (1) "Bodily injury", "property damage" or same "insured contract", and "personal and advertising injury" (ii) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of "pollutants": resolution proceeding in which (a) At or from any premises, site or damages to which this insurance applies are alleged. i location which is or was at any time owned or occupied by, or c. Liquor Liability rented or loaned to any insured. "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to: reason of: (i) "Bodily injury" if sustained within (1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol; or cool or dehumidify the building, or equipment that is used to (3) Any statute, ordinance or regulation heat water for personal use, by relating to the sale, gift, distribution or the building's occupants or their use of alcoholic beverages. guests; This exclusion applies only if you are in the (ii) Bodily injury" or property business of manufacturing, distributing, damage" for which you may be selling, serving or furnishing alcoholic held liable, if you are a beverages. contractor and the owner or d. Workers' Compensation And Similar lessee of such premises, site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily injury" to: such premises, site or location is not and never was owned or (1) An "employee" of the insured arising occupied by, or rented or out of and in the course of: loaned to, any insured, other (a) Employment by the insured; or than that additional insured; or Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (iii) "Bodily injury" or "property released as pad of the damage" arising out of hoa, operations being performed arnoko or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (k) At or from any premises, site or UQ "Bodily injury" or "property location which is or was at any damage" sustained within o time used byorfor any insured or building and caused by the others for the hmnd|inA, atoxoge, release of gmomm. fumes or diopowo/, processing or treatment vapors from materials brought of waste; into that building in connection (u) Which are or were at any time with operations being performed tronaportad, hend|ed, sto»ed, by you or on your behalf by o treated, disposed of, orprocessed contractor ursubcontractor; or oswaste byorfor: (iii) "Bodily injury" or "property (i) Any insured; or damage" mhminy out of heat, (ii) Any person ororganiaaU smoke or fumes from m�nfor "hostile whom you may be legally' or responsible; (e) At or from any pnomiaoo, she or (d) At or from any pnomiooe, site or |oo�iononvv�ch�nyino�adoreny location on which any insured or contractors or subcontractors any contractors or subcontractors working directly orindirectly onany working directly or indirectly on /noumd'a behalf are performing any innumud'o behalf are operations if the operations are to performing operations if the test for, monitor, clean up, remove, "pollutants" are brought on o/ to conbyin, treet, detoxify urneutralize, the pnomioam, site or location in orinany way respond to, orassess connection with such operations the effects of, "pol|utonts^. by such innued, contractor or (2) Any |ooa, cost or expense arising out subcontractor. Howovar, this of any: subparagraph does not apply to: (a) Request, demand, order cvstatutory (Q "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, numove, oontain, treat, other operating fluids which are detoxify urneutralize, nrinany way needed to perform the normal respond to, orassess the effects of, a|eddoa|, hydraulic or "pollutants"; or mechanical functions (h) Claim or suit by or on behalf ofa necessary for the operation of governmental authority for ^mobi|aequipment" orits parts, damages because of testing for, ifsuch fuels, lubricants uxother monitoring, cleaning up, removing, operating fluids escape from m containing, UeatinA, detoxifying or vehicle part designed to hold, meubo|bjng, or in any way store or receive them. This responding to, or assessing the exception does not apply ifthe effects of, "po||utente^. "bodily injury" or "property However, this paragraph does not 'imbi|i(yfqrdamaQas damage" arises out of the apply to because intentional discharge, dispersalof "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory orOuids' or � such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or onbehalf of o Quids one brought on or to the governmental auNhority ' premises, site or|o��imnwith the intent that they be dischargad, dispersed or Form SSQU08 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" nr"property damage" arising while in practice orpreparation for, m out of the ownmnohip, maintenance, use or prearranged nocinQ, speed or entrustment to others o/any aircraft, "auto" demolition contest or in any stunting orwatercraft owned oroperated bycvrented activity. or loaned to any insured. Use includes i. War operation and "loading orun|oad|ng" "Bodily injury''. "property damage" or This exclusion applies even if the claims "paraomu| and advertising injury", however against any insured allege negligence or caused, arising, directly orindirectly, out of. other wrongdoing in the supervision, hiring, ' (1) VVmr, including ' mn�oymen1.hainingormonknhngofo�e� � by that inmumd, 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 mwnernhip, defending against on actual or maintenance, use orentrustment 0uothers oy expected attmck, by any govomment, any aircraft, "auto" or watercraft that is sovereign or other authority using owned oroperated byorrented orloaned bu military personnel orother agents; or any insured. (3) |nournaction, rebellion, nuvNudun. This exclusion does not apply to: usurped power, or action taken by 1) Awo0mr�aftvvhi|e ashore onpremises ` g»«e'nmo�a/ouMho�yinhindmr�Qor you own orrent; defending against any ofthese. (2) Avva0mrcnaftyou donot own that is: �. �mdewmioma|Services (m)Less than 51feet long; and "Bodily injury", "property damage" or " personal and advertising injury" arising (b) Not being used to carry persons out mfthe rendering oforfailure to render for ocharge; any professional aam|oo. This includes (3) Parking on "auto"u1o^ on, or on the ways is but ' next to, premises you own o, rent, (1) Loga|, accounting o/ advertising provided the "auto" is not owned by or aanooes; rented orloaned b/you orthe insured; (2) Pn*pahnQ, eppnming, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownanohip, drawings, opinions' nepmre, mumeya, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily injury" or "property damage" (3) Gupemimory, inapontion, architectural arising out of the operation of any of o/engineering activities; the equipment listed inParagraph f.(2) (4) K8edino|, ou0Qioa!, denie!, x-ray or or t(3) of the definition of "mobile nursing mamiono tnaabnent, advice or equipment"; or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic serviceinouredandishired. chartered orloaned ' �raatmem�.adv|cemrinatruotion; with a paid crew. However, this exception does not apply if the insured (6) Any service, �rmoUnont advice or ' ' has any �herinmummcwfor such "bodily instruction for �h� purpose of injury" or "property damoge^, whether' appeouanoeo/skin enhancmmenthair the other insurance is primary, excaem, removal or replacement or personal contingent oronany�berbamio. grooming; h. Mobile Equipment (7) Optical o/ hoohnQ aid services including the prescribing, preparation,8odi{y , injury"or "pnupm�y damage" fitbng.demonstration ordistribution of arising out of: ophthalmic |anoeu and similar (1) The transportation of"mobile equipment' products orhearing aid devices; by an 'auho" owned or operated by or rented orloaned ioany insured; or Page 6 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage (other than damage by fire) to preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (9) Any: of Insurance applies to Damage To Premises Rented To You as described in (a) Body piercing (not including ear Section D. - Limits Of Insurance. piercing); Paragraph (2) of this exclusion does not (b) Tattooing, including but not limited apply if the premises are "your work" and to the insertion of pigments into or were never occupied, rented or held for under the skin; and rental by you. (c) Similar services; Paragraphs (3) and (4) of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this (11) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement. site design. Paragraphs (3) and (4) of this exclusion do Paragraphs (4) and (5) of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. Paragraph 1.e. in Section A. - Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to "property damage" included in the "Property damage" to: "products -completed operations hazard". (1) Property you own, rent or occupy, I. Damage To Your Product including any costs or expenses "Property damage" to "your product" incurred by you, or any other person, arising out of it or any part of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, "Property damage" to "your work" arising restoration or maintenance of such out of it or any part of it and included in the property for any reason, including "products -completed operations hazard". prevention of injury to a person or damage to another's property; This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon, if the "property damage" arises the damage arises was performed on your out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired Property Or Property Not Physically Injured (4) Personal property in the care, custody "Property damage" to "impaired property" or control of the insured; or property that has not been physically (5) That particular part of real property on injured, arising out of: which you or any contractors or subcontractors working directly or (1) A defect, deficiency, inadequacy or "your indirectly on your behalf are performing dangerous condition in product" "your operations, if the "property damage" or work"; or arises out of those operations; or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a contract or agreement in accordance that must be restored, repaired or with its terms. replaced because "your work" was incorrectly performed on it. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its 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,- elecasting;repair, 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 itself, is not considered the business (1) Arising out of oral, written or electronic of advertising, broadcasting, publication of material, if done by or at publishing or telecasting; the direction of the insured with knowledge of its falsity; (9) Arising out of an electronic chat room or bulletin board the insured hosts, (2) Arising out of oral, written or electronic owns, or over which the insured publication of material whose first exercises control; publication took place before the beginning of the policy period; (10) Arising out of the unauthorized use of another's name or product in your e-mail (3) Arising out of a criminal act committed address, domain name or metatags, or by or at the direction of the insured; any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use (11) Arising out of the violation of a another's "advertising idea" in your , persons right of privacy created by "advertisement"; any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your such state or federal act; "advertisement"; (12) Arising out of: (6) Arising out of the wrong description of the price of goods, products or services; (a) An "advertisement" for others on your web site; (7) Arising out of any violation of any 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 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation ofany anti- (a)May baawarded orincurred by trust law; nsoeun of any claim or auk (Y4)Arising out ofthe fluctuation /nprice or alleging actual orthreatened injury value of any stooka, bonds or other ordamage ofany nature orkind tn securities; or persons or property which would (15) Arising out of discrimination or not have occurred in whole or |n humiliation committed by or at the part but for the "asbestos hozond^; direction of any "executive officer", (b) Ahoo out ofany noqumot, demand, diraotor, stockho|der, partner or order or statutory or regulatory member ofthe insured. requirement that any insured or q. Electronic Data others test for, moniior, clean up, Damages arising out ufthe loss of, loss uf oomove, encapsulate, contmin. treat, detoxify orneutralize orin use of. damage to, corruption of, inability anyway respond tomrassess the to oucmma, or inability to manipulate effects ofan"asbestos hmznnd"or ' "electronic data". (c) Arise out of any claim or suit for c Employment -Related Practices damages because of testing for, "Bodily injury" or"personal and advertising monitohng, cleaning up, romoWng, injury" to: mncmpnu|obng, containing, treating, (1) A person arising out ofany: detoxifying or neutralizing or in any (m) Re�smltoarnp|oythat person; waymmpon�|ngbnor�oae�oinQthe "asbestos effects ofanhazmnd^. (b) Termination of that pononn'u t. Violation Of Statutes That Govern E' mmp|oymant;or yNmUs^ Fax, Phone Calls Or Other (c) Employment-related pneoboee. Methods Of Sending Material Or policies, acts oromissions, such an Information coercion,demotion, evaluation, ' ' "Bodily injury"' "property damage", or reassignment discipline, "personal and advertising injury" arising harassment, humiliation directly y or indirectly out of any action or or discrimination directed at that omission that vin|obao or is alleged to person; or violate: (2) The spouse,child, parent, brother ' ' (1) The Telephone Consumer Protection sister of that person as o Aut(TCpA). including any amendment consequence of "bodily iriug/' or oforaddition tosuch |mw' ^peroona|and odvav�ainginjury" 0othe ' person at whom any of the (2) The CAN -SPAM Act of2003.including employment-related poenLioea any amendment oforaddition tosuch Uoeuh� bedk�Paragmaphobm).).cv�A � |mm' or above indirected. (3) Any statu8e, ordinance or regu|abon. This exclusion applies: other than the TCPAorCAN-SPAM Act (i) Whether the insured may be liable as of 2003, that prohibits or limits the smnding, tnanomitting, communicating or anemployer orinany other capacity; distribution cfmaterial orinformatinn and � (2) To any obligation to mhono damages Damage To Premises Rented To You — Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because cfthe injury. S. S^�a�me�ma Exclusions c.through h. and h through du ' ' not apply to damage by fim. lightning or (1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied byyou with permission of arising out ofthe "asbestos hazenj" the owner. A eopmnste Limit of Insurance (2) Any damages, ]udgnnents, settlements, oPp|ioe to this coverage as described in loss, costs ovexpenses that: Section D. - Liability And K8odiom| Expenses Limits OfInsurance. Form SS 00 08 0405 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 1. 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, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, 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 is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 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 of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment' registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. 'Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. 'Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of (e) Any failure to make such permit issued by o state or political inspections, od/umUnente. tests or oubdivisiun, that such person ororganization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury ordamage occurs undertakes to make in the usual subsequent to the oxaomdon of the contract or course of business, in connection agreement, urthe issuance ofthe permit. with the distribution orsale ofthe A person or organization is an additional products; insured under this provision only for that 0) D*monotraUon, installation, period of time required by the contrac1, servicing or repair upamtinne, agreement orpermit. except such operations performed However, nosuch person ororganization ioen at the vendor's premises in additional insured under this provision if such connection with the no|e of the person or organization is included as an product; additional insured bymnendorsement issued (9) Products whioh, after distribution by us and made m pod of this Coverage peM, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the opanifin container, part oringredient ofany 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" o, "property Any permon(o)nrorgonization(n)(referred bu damage" arising out of the an/w below as vmndm), but only with respect to n*g|iQ*nua of the vendor for its "bodily injury" or "property damage' arisingown mnto or omissions or those of out uf"your products" which are distributed its employees or anyone e|ao or sold in the regular course nfthe vendor's acting on its behalf. Hmwever, this business and only J this Coverage part exclusion does not apply to: provides coverage for "bodily injury" or (I) The exceptions contained in "property damage" included within the Subparagraphs (d)or(q;or "pmduda*omp|etedoperations hozend^. Oi) Such inspections, adjustments, (1) The insurance afforded to the vendor tests n/servicing oa the vendor is subject to the following additional has agreed 0omake ornormally exclusions: undertakes bomake inthe usual This insurance does not apply to: ouunoa of buoinoas, in (a) "Bodily injury" or "property connection with the distribution orsale ofthe products. damage" for which the vendor is obligated �o pay damages by (2) This insurance does not apply to any meeoun of the assumption of insured person or organization from |iuN|ityinmconbootoragroemenL »»h»myouhaveaoqui�dmunhpnodu�a. Thie exn|uoion du�m not opp|y \o or any ingredient, part ov container, liability for damages that the entering into, accompanying u/ vendor would have inthe absence onn\einingaunhprodud�� cfthe contract oragreement; b. Lessors OfEquipment (b) Any express warranty (1) Any person or organization from unauthorized byyou; whom you lease equipment; but only (c) Any physical or chemical change with respect 0utheir liability for "bodily in the product made intentionallyinjury", "property damage" or by�havondo� ''Panaona| and advertising injury" oauoed, in whole or in port' by your (d) Rapmckog1ng, except when mointenanne, operation or use of unpacked solely for the purpose of equipment [eased to you by such inopection, demonotratiom, teshng, person ororganization. or the substitution of pads 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 to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "products - land or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in 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 on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products - (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, 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 damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products - failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 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 Oflnsurance. 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 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3. above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Cost of determining the Limits of Insurance. No insured will, except at that insured's own E. LIABILITY AND MEDICAL EXPENSES cost, voluntarily make a paymentt,, assume GENERAL CONDITIONS any obligation, or incur any expense, other 1. Bankruptcy than for first aid, without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured must submit such claim or "suit" to the a. Notice Of Occurrence Or Offense other insurer for defense and indemnity. You or any additional insured must see to However, this provision does not apply to it that we are notified as soon as the extent that you have agreed in a practicable of an "occurrence" or an written contract, written agreement or offense which may result in a claim. To permit that this insurance is primary and the extent possible, notice should include: non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws 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. 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 liability for damages arising out of the promises or operabons, or products and completed openoUonm, for which you have been added aaanadditional insured bythat insurance; or (7) When You Add Others As An Additional Insured To This Insurance Thetis other insurance available hoan additional insured. Hmwever, the following provisions apply to other insurance available to any person ororganization who is an additional insured under this Coverage Pert: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in awritten contract, written agreement or pannd that this insurance beprimary. If other insurance iualso primary, we will share with all that other insurance by the method described in C. be/mw. (b) Pnmmgf And Non -Contributory To Other owmumxnmm When Required By Contract if you have agreed in a written contract, vvh#en agreement or permit that this insurance is primary and non-contributory with the additional insured'e own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a)and (b)donot apply tm other insurance 0uwhich the additional insured has been added as an additional insured. When this insurance is exceae, we will have no duty under this Coverage Part to defend the insured against any "nuit"ifany other insurer has a duty to defend the insured against that "suit", If no other insurer defends, we will umdohoky to do so, but we will be entitled to the inourad'o rights against all those other insurers. BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, wnwill pay only our share of the amount of the loso, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss inthe absence ofthis insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. VVawill share the remaining loss, ifany, with any other insurance that isnot described /n this Excess Insurance provision and was not bought specifically k,apply inexcess nythe Limits of Insurance shown in the Declarations o[this Coverage Part. o. Method Of Sharing If all the other insurance permits contribution byequal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of mauusnne or none of the |000 remains. whichever comes first. Ifany cf the other insurance does not permit contribution by equal mhnres, we will contribute bylimits. Under this method, each insurers ohem is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Um a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, wehave made under this Coverage Part, those rights are transferred to us. The insured must do nothing after /000 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 toMedical Expenses Coverage. b. Waiver OfRights Of Recovery (Waiver Of Subrogation) if the insured has waived any rights of recovery against any person or organization for all orpart ofany payment, including Supplementary Pmymento, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a oontract, agreement or permit that was executed prior tothe injury o,damage. Form SSU0O8M405 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s) or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any 'occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional insured the person(s) or organization(s) Of Premises shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured — Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of b. With respect to the insurance afforded to the premises leased to you and shown in the these additional insureds, the following Declarations. additional exclusions apply: b. With respect to the insurance afforded to This insurance does not apply to: these additional insureds, the following additional exclusions apply: (1) Any 'occurrence that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any 'occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations performed by or on behalf of such premises; or person or organization. (2) Structural alterations, new 6. Additional Insured - State Or Political construction or demolition operations Subdivision —Permits performed by or on behalf of such person or organization. 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 Insmed—State Or Political Subdivision - (e) Any failure to make such Permha, but only with respect to inspectiono, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political bmake urnormally undertakes to subdivision has issued epermit. moho in the usual course of b. With respect to the insurance afforded to bueinoso, in connection with the these additional insureds, the following distribution ursale ofthe products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: somidmQ or repair operations, 1) "Bodily injury", "property damage" or ` except such operations performed "pmmonm| and advertising in/ug" at the vendor's premises in ahainQout ofopu��onopedbnnedfor connection with the sale of the the state ormunicipality; or product; "Bodily injury" or "property damage" ��) Products which, after distribution ' included in the "product -completed c«sale byyou, have been labeled operations" hazard. relabeled �abe|ed or used as a container, part oringredient nfany 7. Addlt|mnsJ|nsured—Vendomo other thing nrsubstance byorfor a. WHO |GANINSURED under Section C.io the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the eo|o (referred {obelow omvendor) shown inthe nag|)ganoa of the vendor for its Declarations as an Additional Insured own ants or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else 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 exceptions contained in business and only if this Coverage Part "bodily Subparagraphs Subperognopho�d)orA��cv provides coverage for injury" or "property damage" included within the (ii) Such inspections, ^pnoduds'oomp|etedoperations hazard^ adjustments, tests orservicing b' The insurance afforded to the vendor in as the vendor has agreed to ' make or normally undertakesmu�n�tuthmfdk�v�gadd�ona|oxdua�no' 10make inthe usual course of (1) This insurance does not apply to: bueineoo, in connection with (e) "Bodily injuryr or "property the distribution or oe|e of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply toany reason of the assumption of insured person or organization from liability inacontract oragreement. whom you have acquired such This exclusion dnao not apply to puoducts, or any ingnodimrd, pod or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such ofthe contract oragreement; products. (b) Any axpnsoo warranty 8' Additional Insured —CmntnmUing |ntmnnat unauthorized byyou' ' VVHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as on additional insured in the product mode intentionally the penoon(a)ororgonizodon(o)shown in the bythe vendor; Declarations as an Additional Insured — (d) Repockmging, unless unpacked Controlling Interest, but only with respect to solely for the purpose ofinspection, their liability arising out of: demonstratiun, testing, or the m. Their financial control ofyou; m substitution of porta under from the manufacturer, b. Premises they own maintain or controlinstructions ' and then repackaged inthe ohgina| while you |e�oemroncupy1heeepnumiamo � container; Form SS00 080485 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 9. Additional Insured — Owners, Lessees Or Contractors — Scheduled Person Or Organization 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 — Owner, Lessees Or Contractors, 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: (1) In the performance of your ongoing operations for the additional insured(s); or (2) In connection with "your work" performed for that additional insured and included within the "products - completed operations hazard", but only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury", "property damage" or "personal an advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) 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 (2) Supervisory, inspection, architectural or engineering activities. 10. Additional Insured — Co -Owner Of Insured Premises 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 — Co - Owner Of Insured Premises, but only with respect to their liability as co-owner of the premises shown in the Declarations. 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. G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; b. The Internet, but only that part of a web site that is about goods, products or services for the purposes of inducing the sale of goods, products or services; or c. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work"; of travel or transportation between any or places included in a. above; b. Your fulfilling the terms of the contract or c. All other parts of the world if the injury or agreement. damage arises out of: 12. "Insured contract" means: (1) Goods or products made or sold by you a. A contract for a lease of premises. in the territory described in a. above; However, that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any is in the territory described in a. person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business; or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D. — Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement; America (including its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, in a including an easement or license "suit" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to. feet of a railroad; 7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except in a. Stored as or on; connection with work for a municipality; b. Created or used on; or e. An elevator maintenance agreement; or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD-ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for "bodily injury" or "property damage" to a third person or organization, 8. "Employee" includes a "leased worker". bod injury" or "property provided "bodily ty "Employee" does not include a "temporary damage" sh lyniwhole ori worker". you or by those acting on your behalf. 9. "Executive officer" means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar governing document. Paragraph f. includes that part of any 10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be. damage" arising out of construction or 11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road -beds, tunnel, a. It incorporates "your product" or "your work" underpass or crossing. that is known or thought to be defective, However, Paragraph f. does not include deficient, inadequate or dangerous; or 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 Auto Insurance Declaration Page FARMERS INSURANCE 6uuuullllll II II IIIIIIIIIIIIilllllili61111iV1w��„� ''ddddmw�������,,doi J������„�„��ii VVWllw'11iiIIIIVi1i1i �„ , 111 II 1111111111111 ,11 ilalumuumwl�Id104�1 momoMI'll IN 11111�11d'' .����������������1„�a�'�umxwr. www �duwoYee�tavY Policy Number: 18930-11-55 Effective: 12/11/2020 12:01 AM Expiration: 6/11/2021 12:01 AM Named Insured(s): Nabeel Khatri Comprehensive: 286 W Tulip Tree Ave Collision: Orange, CA 92865-1090 e-mail inabeel@gmail.com Address(es): Underwritten By: Farmers Insurance Exchange 6301 Owensmouth Ave. Woodland Hills, CA 91367 Premiums/Fees Policy Premium $1,324.40 Fees (*also see Information on Additional $1.76 Fees below) Policy Premium and Fees $1,326.16 This is not a bill. Household Drivers All persons who drive or will occasionally be driving any of the cars on the policy should be listed below. Ifanyone is missing or needs to be added, such as a newly licensed driver, you should contact your agent or the company to add that person before they begin to drive any of the cars covered on the policy. Name Driver Status Name Driver Status Mohamed Khatri Covered Zahida Khatri Covered Nabeel Khatri Covered Lubna Khatri Covered Vehicle Information Veh. # Year/Make/Model/VIN 1 2018 Tesla Model 3 Ev 4D 4Wd JOIIII 1_1. 4 IIS 1 it- 2 2018 Tesla Model 3 Ev 4D 2Wd 1!Nllw Coverage Information Coverage Bodily Injury Liability Properly Damage Liability Permissive User Limit of Liability** Medical Coverage Uninsured Motorist Bodily Injury Comprehensive Limits (applicable to oil vehicles) $100,000 each person $300,000 each accident $50,000 each accident Full (See Permissive User Limit of Liability in your policy) $25,000 each person $50,000 each accident Coverage Deductible Limit Comprehensive: $1,000 Collision: $1,000 Comprehensive: $1,000 Collision: $1,000 Premiums by Vehicle Vehicle 1 Vehicle 2 $145.00 $148.90 $141.00 $142.20 Included Included Not Covered Not Covered $37.00 $35.70 $24.30 $24.10 ° .. ._.... *•..... IVO♦i;W' ” Ili ulIll 111111 ill 111 11, ill 111 WYII11 All Will 1111100 III IIIw 1umw1111111111111111111ill 1111 J111111111111111YIIIiIIIIIIIIIN'YII11'l ll'1 ii 1111111l l l ....uu,i„i............... ilwwwwll11111111111111111 di SII farmers.com Policy No. 18930-11-55 Questions? Manage your account: Call your agent Steven L Tatone at (714) Go to www,farmers.com to access 831-0030 or email your account any time! statone@farmersagent.com 56-6176 2nd Edition 3-19 10/15/2020 Page 1 of Declaration Page (continued) H hltlllh um, II VIII IIh1I111111,1 I'II{ol I d I I 1111111 III 1111111111V 11444VIII n I n II I I I u u 011111111 IJJtlJJeuimm 1 J.Iu a..I item 111111 SII III II Vi'll Coverage Collision Additional Equipment Uninsured Motorist Property Damage With Collision Towing and Road Service Vehicle Manufacturer Replacement Parts - Comprehensive Vehicle Manufacturer Replacement Parts - Collision Glass Deductible Buyback Loss of Use Limits (applicable to ail vehicles) $1,000 K5: $50 per day/ $1,000 max Total Premium Per Vehicle 101* Polity Premium Fee Detail Anti -Fraud Fee Fees Policy Premium Fees Discounts DiscountType Anti -Lock Brakes Good Driver Multiple Car Alternative Fuel Safe Driver Rating Information Details Garaging Zip Current Annual Mileage Previous Annual Mileage Vehicle Usage Applies to Vehicle(s) DiscountType 1,2 Anti -Theft Dvice 1,2 Auto/Home 1,2 Group - Scientist 1,2 Stability Control 1,2 Auto/CEA Premiums by Vehicle Vehicle 1 Vehicle 2 $232.20 $238.70 Included Included $10.60 $10.20 Not Covered Not Covered $3.90 $3.90 $37.20 $38.20 $2.40 $2.40 $22.50 $24.00 .......... $656.10 $668.30 $1,324.40 Vehicle 1 Vehicle 2 Total $0.88 $0.88 $1.76 $1.76 $1,326.16 Applies to Vehicle(s) 1,2 1,2 1,2 1,2 1,2 Vehicle 1 Vehicle 2 92865 92865 15,000 13,000 9,560 10,150 Other Use Commuter Use �, I. �, I. IIII III II II III IIII IIIIIIIIIIIIII II iIYI IIIIIIO ��I IIIII11 11111111 Id 111 IIIIIIIIIIUIool luau ulll �{�.WRWMIYY 'OWYIWtlYYYtlYBYYYIWOYYYW�IIWII Illulul 11111 III llmmullll IIIYIIIIIJIIIdIdIIIIIIIIIII611111uWIIII,IIIIIIIIIIIIIIIVIYIIiIilllYliYIIIIIJuiJmlliJuluJLi 0111, 1, "Al",IIIIIIIIIIIII VIII 1111161wIuw..i.�Y,IIIYIIYB�tlYY'YW�Y4WJiuuI�I����III, �u���I�11dI6 ����Id�IIIII6I��III.�IIIIIIIIIl01�41�I�I�I�I�uI�IIII I...�W�eY1�tlYIlYIoI IIIIIII IIII IIII IIIIYYMYIIINII IIIIIII III Y tltl farmers.com Policy No. 18930-11-55 Questions? Manage your account: Call your agent Steven L Tatone at (714) Go to www.farmers,com to access 831-0030 or email your account any time! statone@farmersagent.com 56-6176 2nd Edition 3-19 Page 2 of 3 Declaration Page (continued) Iluuluuuuuu1111nnn uuu 11111111111 un11 III uuL' , Y ub,1111 111 1,11114 dIIIlIdI11IM 11,1111 111111111 Illllllkl'„'41YYIL.Wnllulal��,,,,p111101p0111111p0 nn111 Details Years of Driving Experience Policy and Endorsements 1Jpp61 Ian II II1III11111p11IIIIIIpIIHWill IIllpk1III III 11111 1Jpp111111111111A1 1/111111 1111111 1111111 IIIIII Illllllllllllllllllllllllu Vehicle 1 Vehicle 2 49-53 44-48 This section lists the policy form number and any applicable endorsements that make up your insurance contract. Any endorsements that you have purchased to extend coverage on your policy are also listed in the coverages section of this declarations document: 56-56841 st ed.; CA125 2nd ed.; J6960 3rd ed.; J6962 2nd ed.; 25-8531 10-12; J6958 2nd ed. Other Information • "YOUR POLICY INCLUDES THE FULL PERMISSIVE USER LIMIT OF LIABILITY. PLEASE SEE PERMISSIVE USER LIMIT OF LIABILITY IN YOUR POLICY FOR FURTHER INFORMATION. • You maybe eligible for ad iffe rent rate but with different coverage from Farmers Specialty Insurance Company. Please contact your Farmers' agent to discuss your options. • Vehicle 1,2 - Deductible reduced to $100 for glass loss. • You have the right to designate an additional third party to receive any notice of cancellation for nonpayment of your premium for this policy. Please contact your Farmers° agent if you would like to add, change, or remove a designee. • Vehicle 1,2 -Farmers recently sent you a mileage survey. Your mileage was updated to reflect the response that we received from you. Contact your agent with any questions about your mileage information. • Farmers Friendly Reviews are a great way to make sure you are receiving all the discounts for which you qualify, and identify any potential gaps in coverage. Contact your agent to learn more about the policy discounts, coverage options, and other product offerings that may be available to you. *Information on Additional Fees The "Fees" stated in the "Premiums/Fees" section on page 1 apply on a per -policy, not an account basis. The following additional fees also apply: 1. Service Charge per installment (In consideration of our agreement to allow you to pay in installments): - For Recurring Electronic Funds Transfer(EFT): $0.00 (applied per account) - For Recurring Credit/Debit Card plans: $5.00 (applied per account) - For all other payment plans: $7.00 (applied per account.) 2. Late Fee: $15.00 (applied per account) 3. Returned Payment Charge: $25.00 (applied per check, electronic transaction, or other remittance which is not honored by your financial institution for reasons including, but not limited to, insufficient funds or a closed account) 4. Reinstatement Fee: $18.40 (applied per vehicle, 20% discount will apply for Good Drivers) If this account is for more than one policy, changes in these fees are One or more of the fees or charges described above may be not effective until the revised fee information is provided for each deemed a part of premium under applicable state law. policy. Countersignature t Authorized Representative allwrl Y..arueu.........' farmers.com w 1.. 1u111uuuuu 111u 1J I1iIILuolu Ium uu uuuuuullll11111,i1. 1111.111.111.111.11111m,„„aaoualualmr1w11111111a11i„„11u1uuou1ldnduuwd�l�1�„1�1,1�1�1�1�m1,1111.„ „ 11,uuu1111nuuuul 1111111 111111,11 11111 11111111111 �a�1 1uu1imw1u11u�uuuu11i111i1iu11I �1u11�numma111m11u11r1111111�1uu11111111111111111 1111111111111111111111111111111111111 i 11111111 1 Policy No. 18930-11-55 Questions? Call your agent Steven LTatone at (714) 831-0030 ore ma i I statone@farmersagent.com Manage your account: Go to www.farmers.com to access your account anytime! 56-6176 2nd Edition 3-19 Page 3 of 3 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: (_) 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. L__) I have and will maintain workers' compensation insurance as required by Labor Code § 3700 forthe 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 # (✓) 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 A/ eZ4 Date 04/27/2020 Agreement for: NMK Corporation - Agreement No. 5902 Dated: 4/28/20 Reviewed by: Joseph Lillio ' ° '