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PROOF OF INSURANCE (2022 - 2022) CLOSED`� a DATE (MMIDD/YYYY) AC"RV CERTIFICATE OF LIABILITY INSURANCE 2/10/2021 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). PRODUCER CONTACT Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. PHONE° "" FAX 21820 Burbank Blvd. (AIbpHxt1,.818-316-0999 pienta1 3R6-0990 E-MAIL Suite 175gpR,s _. Woodland Hills CA 91367 INSIIRFi AFFORDING COVERAGE NAIC# INSURED Absolute Health & Performance, Inc Dba: BodySpec 5847 Uplander Way Culver City CA 90230-6607 rrTil7l� -7.Tr7 i� rFRTImr ATF NI III 9nAArr,4A9A 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, IArADL9WR,...........�POLICYNUMBER INSRR., ,.TYPE POLICY EXI'' 1.ry OF INSURANCE.......... 1.....MPOLICMIDD/YYYfftoYID LIMITS MMDl1(YYY A COMMERCIAL GENERAL LIABILITY X ME0140476420 2/9/2021 2/9/2022 C 2,000 000 EACHOCCURRENCE i CLAIMS -MADE XOCCUR DAMAO NTED 0000 EXPAnY oP person) $ 5,000 . 1,000 000PERSONALBADV INJURY $fffffffff GEN'GCYiGATEflIMOIf APPLIES, GENERAL $ 2 000 0 _.., PR POCLOC ------ PRODTS- COMP/OPAGG $1 000000 ... i OTHER: 1 1 i $ C AUTOMOBILE LIABILITY 72UECHB7009 1/15/2021 1/15/2022 l II $ 1 000 000 ANY AUTO '` I BODILY INJURY (Per e rson) $ 1,000,000 ( p a OWNED I SCHEDULED BODILY INJURY (Per accident)! $ 1,000,000 AUTOS ONLY AUTOS .d f X j HIRED X NON -OWNED ..�. PROPERTY DAI"^°"^'AGE $ 1,000,000 AUTOS ONLY ....;, AUTOS ONLY J t @It o 1 $ UMBRELLA LAB I OCCUR I � I ,HOCCURRENCE I i ...E.AC.. $ ... EXCESS LIAB I CLAIMS MADE _ AGGREGATE $ ..........1. , . DED � RETENTION $ $ B WORKERS COMPENSATION 72WECAA9BAJ 1/15/2021 1/15/2022 Ex t PER 1 H UTE OR . LAND EMPLOYERS' LIABILITY ? @ "yI- IN ANYPROPRIETOR/PARTNER/EXECUTIVE 'v} j N I A E L EACH ACCIDENTOFFICER/MEMBER$ 1,000.000 EXCLUDED? �� E L DISEASE EA EMPLOYEE $ 1 000 000 ,(Mandatory in NH) IF yes, describe under 1 000,000 DESCRIPTION OF OPERATIONS below I E LDISEASE POLICY LIMIT 1 $ f i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: All Operations. City of El Segundo, its officers, officials, employees and volunteers are included as additional insureds with respects to General Liability policy on Primary and Non Contributory basis as required by written contract, Waiver of subrogation applies in favor of additional insureds With respects to worker's compensation Policy as required by written contract. CERTIFICATE HOLDER City of El Segundo 350 Main Street El Segundo 90245-3895 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �a7 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD I SCOX g" General Liability Coverage Part (Occurrence) I. What is covered A. Bodily injury and property We will pay up to the coverage part limit for damages you become legally obligated to pay damage because of bodily injury or property damage to which this Coverage Part applies, provided: 1, the bodily injury or property damage occurs during the policy period; 2. the bodily injury or property damage is caused by an occurrence that takes place in the coverage territory; and 3. you have paid the applicable retention stated in the Declarations. We will have the right and duty to defend any claim seeking such damages, as set out in Section II. Defense and supplementary payments. We may, at our discretion, investigate any occurrence and settle any claim that may result. B. Personal and advertising We will pay up to the Personal and Advertising Injury Limit stated in the Declarations for damages injury you become legally obligated to pay because of personal and advertising injury to which this Coverage Part applies, provided: 1. the personal and advertising injury is caused by an offense arising out of your business operations; 2. the personal and advertising injury is caused by an offense committed in the coverage territory during the policy period; and 3, you have paid the applicable retention stated in the Declarations. We will have the right and duty to defend any claim seeking such damages, as set out in Section II. Defense and supplementary payments. We may, at our discretion, investigate any offense and settle any claim that may result. C. Medical payments Regardless of fault, we will pay up to the Medical Payments limit stated in the Declarations for medical expenses incurred by each person for bodily injury caused by an accident to which this Coverage Part applies, provided: 1. the accident takes place within the coverage territory and on premises rented to or owned by you or in connection with your business operations,- 2. the accident occurs during the policy period; 3, the expenses are incurred and reported to us within one year of the date of the accident; and 4. the person who sustained such bodily injury submits to examination, at our expense, by physicians of our choice as often as we reasonably require. II. Defense and supplementary payments A. Claims against you With respect to any claim against you that we investigate, defend, or settle, we will pay: 1. claim expenses we incur with counsel of our choice to defend you; 2. up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the bodily injury coverage described in Section I. What is covered, A, Bodily injury and property damage, applies, but we will have no obligation to apply for or furnish any such bonds; 3. the cost of bonds to release attachments, but only for bond amounts within the applicable limit. We will have no obligation to apply for or furnish any such bonds; 4. reasonable expenses incurred by you at our request to assist us in the investigation or defense of such claim, including actual loss of earnings up to $1,000 a day because of time off from work; Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) Page 1 of 19 H I SCOX " General Liability Coverage Part (Occurrence) 5, court costs taxed against you in the claim; however, costs do not include attorney fees or expenses; 6 prejudgment interest awarded against you on that part of any judgment we pay, If we make an offer to pay the applicable limit, we will not pay any prejudgment interest based on the period of time after the offer; and 7. interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit. B. Claims against your If we defend a claim against you, and your indemnitee is also named as a party to the claim, we indemnitee will also defend such indemnitee if all of the following conditions are met: 1, the claim against the indemnitee seeks damages for which you have assumed the indemnitee's liability in an insured contract; 2. you have assumed the obligation to defend or pay for the defense of the indemnitee in the same insured contract; 3. this Coverage Part would apply to the liability you have assumed if the claim against the indemnitee had been made against you; 4. the allegations in the claim and the information we know about the occurrence are such that no conflict of interest appears to exist between your interests and your indemnitee's interests; 5. you and your indemnitee request that we conduct and control the defense of such indemnitee and agree we can assign the same counsel to defend both you and your indemnitee; and 6. your idemnitee agrees in writing to: a. follow the requirements of Section III. Your obligations to us, B. Your duty to cooperate, of the General Terms and Conditions; b. notify any other insurer whose coverage may be available to the indemnitee and cooperate with us with respect to coordinating any other insurance applicable to the indemnitee; and C. authorize us to conduct and control the defense of the indemnitee. Our obligation to make any payments under this Section II ends when we have used up the coverage part limit. No retention will apply to amounts we pay under this Section II, and such payments will be in addition to, and not part of, the coverage part limit. III. Who is an In addition to the named insured, other persons or organizations may qualify as insureds, as insured stated below. For purposes of this Section III only, you means the named insured. A. Sole proprietorships If you are 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. However, if you die: 1. persons or organizations having proper temporary custody of your property are insureds, but only with respect to the maintenance or use of such property and only for acts until your legal representative has been appointed; and 2. your legal representative is an insured, but only with respect to his or her duties as your legal representatives.. As such, they will assume your legal rights and duties under this Coverage Part. B. Partnerships or joint If you are a duly organized partnership (including a limited liability partnership) or a joint venture, ventures your members, partners, and their spouses are insureds, but only with respect to the conduct of your business. Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) Page 2 of 19 , I SCOX x" General Liability Coverage Part (Occurrence) C. Limited liability If you are a duly organized limited liability company, your members and their spouses are companies insureds, but only with respect to the conduct of your business. Your managers are also insureds, but only with respect to their duties as your managers. D. Other organizations If you are an organization (including a professional corporation) other than a partnership, joint venture, or limited liability company, your directors and officers are insureds, but only with respect to their duties as your directors or officers. Your stockholders and their spouses are also insureds, but only with respect to their liability as your stockholders. E. Trusts If you are a trust, your trustees are insureds, but only with respect to their duties as your trustees. F. Employees Your employees are insureds, but only while in the course and scope of their employment by you or while performing duties related to the conduct of your business. G. Volunteer workers Your volunteer workers are insureds, but only while in the course and scope of their activities related to the conduct of your business performed on your behalf or at your direction. H. Real estate managers Persons (other than your employees) or organizations acting as your real estate managers are insureds, but only with respect to their duties as your real estate managers. L Amateur athletic Any person representing you while participating in an amateur athletic activity you sponsor is an participants insured. However, no such person is an insured for: 1. bodily injury to: a. a co -participant, your employee, or your volunteer worker while also participating in the amateur athletic activity you sponsor; or b. you or any of your partners, members, or officers; or 2. property damage to property owned, occupied, or used by; rented to; or in the care, custody, or control of: a. a co -participant in the amateur athletic activity you sponsor, your employee, or your volunteer worker; or b you or any of your partners, members, or officers. J. Newly acquired or formed If there is no other similar insurance available, any organization you acquire or form during the organizations policy period, and in which you have majority ownership or interest at the time of an occurrence or offense covered by this Coverage Part, will qualify as an insured. This coverage is effective on the date of acquisition or formation and is afforded only until the 180th day after you acquire or form the organization, or the end of the policy period, whichever is earlier, There is no coverage for the acquired or formed organization for: 1. bodily injury or property damage that occurred; or 2, personal or advertising injury arising out of an offense that was committed, before you acquired or formed the organization. The acquired or formed organization is an insured only with respect to the conduct of your business. K. Additional insureds If you have agreed in a written contract or agreement to add them as an additional insured to a policy providing the type of coverage afforded by this Coverage Part, the following persons or organizations are insureds: 1. Any person or organization from whom you lease any premises, but only with respect to liability arising out of the ownership, maintenance, or use of that part of the premises leased to you. However, there is no coverage for such additional insureds for any structural alterations, new construction, or demolition operations performed by or on behalf of the additional insured. Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) Page 3 of 19 40 H I SCOX O" General Liability Coverage Part (Occurrence) A person or organization's status as an additional insured under this subsection 1 ends when you cease to be a tenant in the premises. 2. Any person or organization for whom you are performing operations, but only with respect to liability arising out of: your acts or omissions or of those acting on your behalf; and the performance of your ongoing operations for the additional insured. However, there is no coverage for such additional insureds for: bodily injury, property damage, or personal and advertising injury arising out of the rendering of or failure to render any professional architectural, engineering, or surveying services, including: (1) the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, drawings, or specifications; or (2) supervisory, inspection, architectural, or engineering activities; or b. bodily injury or property damage occurring after: (1) all work, including materials, parts, or equipment furnished in connection with such work, on the project (other than service, maintenance, or repairs) to be performed by or on behalf of the additional insured at the location of the covered operations has been completed; or (2) that portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. A person or organization's status as an additional insured under this subsection 2 ends when your operations for that additional insured are completed. 3. Any person or organization who sells or distributes your products (referred to in this subsection as "vendor"), but only with respect to bodily injury or property damage arising out of your products sold or distributed in the regular course of such vendor's business. However, there is no coverage for such additional insureds for: a. bodily injury or property damage for which the vendor is legally obligated to pay damages because of liability assumed in a contract or agreement; however, this exclusion will not apply to liability the vendor would have in the absence of such contract or agreement; b. any express warranty unauthorized by you; c, any physical or chemical change in the product made intentionally by the vendor; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make inspections, adjustments, tests, or servicing the vendor has either agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the product; f, demonstration, installation, servicing, or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g, products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part, or ingredient of any other thing by or for the vendor; h. bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf; however, this exclusion will not apply to: Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) Page 4 of 19 AM II I SCOX PRO' General Liability Coverage Part (Occurrence) (1) repackaging when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (2) demonstration, installation, servicing, or repair operations performed at the vendor's premises in connection with the sale of the product; or (3) inspections, adjustments, tests, or servicing the vendor has either agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the product. This insurance does not apply to any person or organization from whom you have acquired: a. products; b. any ingredient or part of any product; or C. any container containing any products. 4. Any person or organization from whom you lease any equipment, but only with respect to liability arising out of your maintenance, operation, or use of such equipment. A person or organization's status as an additional insured under this subsection 4 ends when the equipment lease expires, and this insurance will not apply to any occurrence or offense which takes place after such expiration. 5. Any other person or organization not included in 1 through 4 above, provided the contract or agreement: a. is currently in effect or becomes effective during the policy period; and b. was executed before the bodily injury or property damage occurred or the offense out of which the personal and advertising injury arises was committed. Coverage is available for additional insureds solely for their liability arising out of your negligence or of those acting on your behalf and not for any liability arising out of the sole negligence of the additional insured. Notwithstanding anything to the contrary in the other insurance provisions in the General Terms and Conditions or in this Coverage Part, the coverage available under this Coverage Part to any additional insured will be primary and non-contributory, and any other insurance available to the additional insured for the same claim or occurrence will be specifically excess of the coverage part limit. Notwithstanding anything to the contrary in the subrogation provision in the General Terms and Conditions, we agree to waive any right of recovery we may have against any additional insured because of payments we make for injury or damage arising out of: the ownership, maintenance, or use of that part of any premises leased to you; your ongoing operations; or 3. your work done under a contract with the additional insured and included in the products - completed operations hazard. The limits of liability applicable to any additional insured are either the amounts specified in the contract or agreement requiring them to be added as an additional insured, or the limits identified in the Declarations, whichever is less, and such amounts will be a part of, and not in addition to, the coverage part limit. IV. Limits of liability The limits stated in the Declarations and the rules below will be the most we will pay regardless of the number of: 1. insureds; 2. claims made or brought; or 3. persons or organizations making or bringing claims. Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) Page 5 of 19 SCOX PRO" General Liability Coverage Part (Occurrence) A. Per location limit The Per Location Limit identified in the Declarations is the most we will pay for all damages because of bodily injury and property damage occurring at each separate location where you perform business operations arising out of any one occurrence. This limit will apply only if an endorsement listing your separate locations is added to this Coverage Part, B. Products -completed The Products -Completed Operations Limit identified in the Declarations is the most we will pay for operations limit all damages because of bodily injury and property damage included in the products - completed operations hazard arising out of any one occurrence. C. Personal and advertising The Personal and Advertising Injury Limit identified in the Declarations is the most we will pay for injury limit all damages because of personal and advertising injury arising out of any one claim. D Damage to premises limit The Damage to Premises limit identified in the Declarations is the most we will pay for all damages because of property damage to any one premises while rented to you or temporarily occupied by you with permission of the owner. Elevator liability sublimit An Elevator Liability Sublimit of $25,000 is the most we will pay for all damages because of property damage resulting from the use of an elevator at premises you own, rent, or occupy and arising out of any one occurrence. F. Medical payments limit The Medical Payments limit identified in the Declarations is the most we will pay for the sum of medical expenses for bodily injury sustained by any one person covered under Section I. What is covered, C. Medical payments. No retention will apply to amounts we pay under Section I. What is covered, C. Medical payments, and such amounts will be in addition to, and not part of, the coverage part limit. All other limits described in this Section IV will be in excess of the retention and will be a part of, and not in addition to, the coverage part limit. V. Other provisions affecting coverage A. Notifying us of claims, 1. You must give written notice to us of any claim made or brought against you as soon as occurrences, or offenses possible, including the specifics of the claim and the date received. You must give written notice to us of any occurrence or offense which may result in a claim as soon as possible. To the greatest extent possible, the notice must include: a. how, when, and where the occurrence or offense took place; b. the names and addresses of any injured persons and witnesses; and c, the nature and location of any injury or damage arising out of the occurrence or offense. All such notifications must be in writing and include a copy of any claim, and must be submitted to us via the designated email address or mailing address identified in Item 6 of the Declarations. B. Retention Our obligation to pay any damages under this Coverage Part is in excess of the retention, which you must pay in connection with each covered occurrence or offense. The retention does not apply to claim expenses or any other payments we make under Section Il. Defense and supplementary payments. C. Legal action against us No person or organization has a right under this Coverage Part: 1. to join us as a party or otherwise bring us into a claim seeking damages from you; or 2, to sue us on this Coverage Part unless all of its terms and conditions have been fully complied with. Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) Page 6 of 19 ISCOX PRU General Liability Coverage Part (Occurrence) A person or organization may sue us to recover on an agreed settlement or final judgment against you, but we will not be liable for damages that are not covered under this Coverage Part or that are in excess of the applicable limits. An agreed settlement means a settlement and release of liability signed by us, you, and the claimant or claimant's legal representative. D. Other insurance For purposes of this Coverage Part, the Other insurance provision in Section V. Other provisions affecting coverage, of the General Terms and Conditions is replaced by the following: If other valid and collectible insurance is available to you for a claim we would otherwise cover under this Coverage Part, our obligations are limited as follows: 1. Primary insurance - This Coverage Part is primary except when the Excess insurance provision below applies. If this Coverage Part is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with any other insurance by the method described in the Method of sharing provision below, Excess insurance - This Coverage Part is excess over any other insurance, whether primary, excess, contingent, or on any other basis: a. that provides fire, extended coverage, builder's risk, installation risk, or similar coverage for your work; b. that applies to property damage to premises rented to you or temporarily occupied by you with permission of the owner; C. if the loss arises out of aircraft, autos, or watercraft (to the extent not subject to Exclusion A. 1. Aircraft, autos, or watercraft); d. that is insurance available to you because you have been added as an additional insured. When this Coverage Part is excess, we have no duty to defend you against any claim if any other insurer has a duty to defend you against such claim. If no other insurer defends, we will undertake to do so, but we will be entitled to your rights against those other insurers. When this Coverage Part is excess over other insurance, we will pay only our share of the amount of loss, if any, that exceeds the sum of: a. the total amount that all other insurance would pay for loss in the absence of this Coverage Part; and b. the total of all deductible and self -insured amounts under all other insurance and this Coverage Part. We will share the remaining loss, if any, with any other insurance that is not described in this Excess insurance provision and was not purchased or agreed specifically to apply in excess of this Coverage Part. If all of the other insurance permits contribution by equal shares, we will contribute by equal shares. Under this method, each insurer contributes equal amounts until it has paid its applicable limits or none of the loss remains, whichever occurs first. If any other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limits to the total applicable limits of all insurers. E. Separation of insureds Except with respect to the limits and any rights or duties specifically assigned to the named insured, this Coverage Part applies separately to each insured against whom a claim is made or brought, VI. Exclusions — What is not covered Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) Page 7 of 19 i HISCOX" General Liability Coverage Part (Occurrence) A. Bodily injury and property damage We will have no obligation to pay any sums under this Coverage Part, including any damages or exclusions claim expenses, for any claim for: Aircraft, autos, or 1, bodily injury or property damage arising out of the ownership, maintenance, use, or watercraft entrustment to others of any aircraft, auto, or watercraft owned or operated by or rented or loaned to you. Use includes operation and loading and unloading. This exclusion will apply even if the claim against you alleges negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by you, if the occurrence causing the bodily injury or property damage involved the ownership, maintenance, use, or entrustment to others of any aircraft, auto, or watercraft owned or operated by or rented or loaned to you. However, this exclusion will not apply to: a. watercraft while ashore on premises owned by or rented to you; b, watercraft you do not own, provided it is: (1) less than 75 feet long; and (2) not being used to transport persons or property for a charge; C. the parking of an auto on, or on the ways next to, premises owned by or rented to you, provided the auto is not owned by or rented or loaned to you; d. liability assumed in an insured contract for the ownership, maintenance, or use of an aircraft or watercraft by others; e. bodily injury or property damage arising out of: (1) the operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged; or (2) operation of the equipment described in 6.b or 6.c of the definition of mobile equipment; or f. aircraft you do not own. However, this Coverage Part will be excess over any other insurance that applies to such aircraft, whether primary, excess, contingent, or on any other basis, and the rules stated in Section V. Other provisions affecting coverage, D. Other insurance, 2. Excess insurance will apply. Damage to impaired 2. property damage to impaired property or property that has not been physically injured property or property not arising out of: physically injured a. a defect, deficiency, inadequacy, or dangerous condition in your product or your work; or b. a delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms and conditions. However, this exclusion will 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. Damage to property 3. property damage to: a. property you own, rent, or occupy, including any costs or expenses incurred by you or any other person or organization for repair, replacement, enhancement, restoration, or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; b. premises you sell, give away, or abandon, if the property damage arises out of any part of those premises; c. property loaned to you; d, personal property in your care, custody, or control; Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) Page 8 of 19 H I SCOX °" General Liability Coverage Part (Occurrence) e. that particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the property damage arises out of those operations; or f. that particular part of any property that must be restored, repaired, or replaced because your work was incorrectly performed on it. Subsections a, c, and d of this exclusion will not apply to property damage (other than damage by fire) to premises (including the contents of the premises) rented to you for seven or fewer consecutive days. However, any payments we make for property damage to such property will be subject to the Damage to Premises Limit. Subsection b of this exclusion will not apply if the premises are your work and were never occupied, rented, or held for rental by you. Subsections c, d, e, and f of this exclusion will not apply to liability assumed under a sidetrack agreement. Subsection f of this exclusion will not apply to property damage included in the products - completed operations hazard. Subsections c, d, and f of this exclusion will not apply to property damage arising out of the use of an elevator at premises you own, rent, or occupy. However, any payments we make for such property damage will be subject to the Elevator Liability Sublimit. Subsection d of this exclusion will not apply to property damage to equipment you borrow while at a job site, but only if it is not being used by anyone to perform operations at the time of such property damage. Damage to your product 4. property damage to your product arising out of it or any part of it; however, this exclusion will not apply to property damage arising out of the use of an elevator at premises you own, rent, or occupy, but any payments we make for such property damage will be subject to the Elevator Liability Sublimit. Damage to your work 5. property damage to your work arising out of it or any part of it and included in the products -completed operations hazard; however, this exclusion will not apply if the damaged work or the work out or which the damage arises was performed on your behalf by a subcontractor. Expected or intended & bodily injury or property damage expected or intended from the standpoint of any Injury insured; however, this exclusion will not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Injury to employee 7. a. bodily injury to your employee arising out of and in the course and scope of employment by you or while performing duties related to the conduct of your business; or b. bodily injury to the spouse, child, parent, brother, or sister of such employee as a consequence of any bodily injury described in paragraph 7.a above. This exclusion will apply: a, whether you may be liable as an employer or in any other capacity; and b. to any obligation to share damages with or repay someone else who must pay damages because of any injury described in paragraphs 7.a and 7.b above. However, this exclusion will not apply to: a. liability for damages you assume in an insured contract; or b. bodily injury arising out of and in the course and scope of domestic employment by you, unless benefits for such injury are in whole or in part either payable or required to be provided under any workers' compensation law. Liquor liability 8. bodily injury or property damage for which you may be held liable by reason of: a. causing or contributing to the intoxication of any person; Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) Page 9 of 19 1401 H I SCOX PRO" General Liability Coverage Part (Occurrence) b. furnishing alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or C. any statute, ordinance, or regulation relating to the sale, gifting, distribution, or use of alcoholic beverages. However, this exclusion will apply only if you are in the business of manufacturing, distributing, selling, serving, or furnishing alcoholic beverages. Mobile equipment 9. bodily injury or property damage arising out of: a. the transportation of mobile equipment by an auto owned or operated by or loaned or rented to you; or b. the use of mobile equipment in, while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity,. Prior knowledge 10. bodily injury or property damage which: a. you,- b. any insured listed in A through E of Section III. Who is an insured; or C. any employee authorized by you to give or receive notice of an occurrence or claim, knew had occurred prior to the policy period Any continuation, change, or resumption of any such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage will be deemed to be known if you, any insured listed in A through E of Section III. Who is an insured, or any employee authorized by you to give or receive notice of an occurrence or claim: a. reports all or any part of the bodily injury or property damage to us or any other insurer; br receives a claim because of the bodily injury or property damage; or C. becomes aware by any other means that the bodily injury or property damage has occurred or has begun to occur. Exclusions 1, 2, 3, 4, 5, 8, and 9 of this Section A do not apply to damage by fire to premises while rented to you or temporarily occupied by you with the owner's permission. However, any payments we make for property damage to such premises will be subject to the Damage to Premises Limit. B. Personal and advertising injury We will have no obligation to pay any sums under this Coverage Part, including any damages or exclusions claim expenses, for any claim for personal and advertising injury: Breach of contract 1. based upon or arising out of any breach of contract, except an implied contract to use another's advertising idea in your advertisement. Failure to conform to 2, based upon or arising out of the failure of goods, products, or services to conform with any statements statement of quality or performance made in your advertisement. Insureds in media and 3, committed by any insured whose business is: internet type businesses a. advertising, broadcasting, publishing, or telecasting; b, designing or determining content of websites for others; or c, an internet search, access, content, or service provider. However, this exclusion will not apply to personal and advertising injury caused by. a. false arrest, detention, or imprisonment; b, malicious prosecution; or Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) Page 10 of 19 flet H SCOX PRO' General Liability Coverage Part (Occurrence) C. the wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling, or premises that a person occupies, committed by or on behalf of its owner, landlord, or lessor. For purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the internet is not, by itself, considered the business of advertising, broadcasting, publishing, or telecasting. Knowing violation of 4, caused by you or at your direction with knowledge the act would violate the rights of rights of another another and would inflict personal and advertising injury. Material published prior 5, based upon or arising out of oral or written publication of material whose first publication to policy period took place prior to the policy period. Material published with 6, based upon or arising out of oral or written publication of material by you or at your direction knowledge of falsity with knowledge of its falsity. Unauthorized use of 7. based upon or arising out of any actual or alleged unauthorized use of another's name or another's name or product in your email address, domain name, metatag, or any similar tactics to mislead product another's potential customers. Wrong description of & based upon or arising out of any actual or alleged wrong description of the price of goods, prices products, or services stated in your advertisement. C. Medical payments We will have no obligation to pay any sums under Section I. What is covered, C. Medical exclusions payments for medical expenses for bodily injury: Athletic activities t, to any person injured while practicing, instructing, or participating in any physical exercises or games, sports, or athletic contests; however, this exclusion will not apply to a person who is not an insured injured while participating in an amateur athletic activity you sponsor. Injury on normally 2. to any person injured on that part of any premises you own or rent that the person normally occupied premises occupies. Injury to you 3. to you or any person hired to work for or on behalf of you or your tenant; however, this exclusion will not apply to a volunteer worker. Products -completed 4. included in the products -completed operations hazard. operations hazard Workers' compensation 5, to any person, whether or not your employee, if benefits for such bodily injury are payable or similar laws or must be provided under any workers' compensation, disability benefits, or any similar law. D. Exclusions applicable We will have no obligation to pay any sums under this Coverage Part for medical expenses, or to the entire general for any claim, including any damages or claim expenses, for bodily injury, property damage, liability coverage part or personal and advertising injury: Asbestos I based upon or arising out of the actual or alleged mining, processing, manufacturing, use, testing, ownership, sale, or removal of asbestos, asbestos fibers, or material containing asbestos; exposure to asbestos, asbestos fibers, or materials containing asbestos; or the provision of instructions, recommendations, notices, warnings, supervision, or advice given, or which should have been given, in connections with asbestos, asbestos fibers, or structures or materials containing asbestos. Biological agents 2, based upon or arising out of: a. the actual, alleged, or threatened contaminative, pathogenic, toxic, or other hazardous properties of biological agents; or b. any: Includes copyrighted material of Insurance Services Offices, Inc,, with its permission WCL P0002 CW (10/14) Page 11 of 19 140 ISCOX '" General Liability Coverage Part (Occurrence) (1) request, demand, or order that you or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to or assess the effect of any biological agents; or (2) claim or other proceeding by or on behalf of a governmental authority or others for the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of any biological agents. Communicable disease 3. based upon or arising out of the actual or alleged transmission of a communicable disease. This exclusion will apply even if the claim against you alleges negligence or other wrongdoing in the: a. supervising, hiring, employing, training, or monitoring of others that may be infected with and spread a communicable disease; b. testing for a communicable disease; C. failure to prevent the spread of the disease; or d. failure to report the disease to authorities. Contractual liability 4, for which you are legally obligated to pay as damages because of liability assumed in a contract or agreement. However, this exclusion will not apply to liability for damages: a. you would have in the absence of such contract or agreement; or b. assumed in an insured contract, provided the bodily injury, property damage, or personal and advertising injury occurs after such contract or agreement has been fully executed. Crime or fraud 5. based upon or arising out of any actual or alleged criminal or fraudulent conduct committed by you, at your direction, or with your consent or knowledge. Electronic chatrooms, 6, based upon or arising out of an electronic chatroom, bulletin board, or website you host, bulletin boards, or own, or over which you exercise control. websites Electronic data 7. based upon or arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. Employment related 8, based upon or arising out of any actual or alleged: liability a, obligation under any workers' compensation, unemployment compensation, employers' liability, fair labor standards, labor relations, wage and hour, or disability benefit law, including any similar provisions of any federal, state, or local statutory or common law; b. liability or breach of any duty or obligation owed by you as an employer or prospective employer; or C. harassment, wrongful termination, retaliation, or discrimination, including but not limited to adverse or disparate impact, including any resulting damages sustained at any time by the brother, child, parent, sister, or spouse of such person as a consequence of the above. This exclusion will apply: a. whether you may be liable as an employer or in any other capacity; and b. to any obligation to share damages with or repay someone else who must pay damages because of any of the above. Fair credit 9, based upon or arising out of any actual or alleged violation of the Fair Credit Reporting Act and/or Fair and Accurate Credit Transactions Act, both as may be amended, or any similar federal, state, or local statutes, rules, or regulations in or outside the U.S. Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) Page 12 of 19 IN H, I SCOX O' General Liability Coverage Part (Occurrence) Intellectual property 10based upon or arising out of any actual or alleged infringement, use, or disclosure of any intellectual property, including but not limited to copyright, trademark, trade dress, patent, service mark, service name, title, or slogan, or any publicity rights violations, cyber squatting violations, moral rights violations, any act of passing -off, or any misappropriation of trade secret. However, this exclusion will not apply to: a, the use of another's advertising idea in your advertisement; or b. infringement of copyright, trade dress, or slogan in your advertisement. Lead 11. based upon or arising out of: a, the actual, alleged, or threatened contaminative, pathogenic, toxic, or other hazardous properties of lead; b. any: (1) request, demand, or order that you or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effect of lead; or (2) claim or other proceeding by or on behalf of a governmental authority or others for the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of lead. Pollution 12. based upon or arising out of: a. the actual, alleged, or threatened discharge, dispersal, seepage, migration, release, or escape of pollutants: (1) at or from any premises, site, or location which is or was at any time owned or occupied by or rented or loaned to you; however, this subsection will not apply to: (a) bodily injury if sustained within a building and caused by smoke, fumes, vapor, or soot originating from equipment that is used to heat, cool, or dehumidify the building, or equipment that is used to heat water for personal use by the building's occupants; (b) bodily injury or property damage for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site, or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at the premises, site, or location, and such premises, site, or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured; or (c) bodily injury or property damage arising out of heat, smoke, or fumes from a hostile fire; (2) at or from any premises, site, or location which is or was at any time used by you or any other person or organization for the handling, storage, disposal, processing, or treatment of waste; (3) which are or were at any time transported, handled, stored, disposed of, processed, or treated as waste by or for you or for any person or organization for whom you are legally liable; (4) at or from any premises, site, or location on which you or any contractor or subcontractor working directly or indirectly on your behalf is performing operations, if the pollutants are brought onto the premises, site, or location in connection with such operations by you or your contractor or subcontractor. However, this subsection will not apply to: (a) bodily injury or property damage arising out of the escape of fuels, lubricants, or other operating fluids necessary to perform the normal Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) Page 13 of 19 40 SCOX Privacy PRCf" General Liability Coverage Part (Occurrence) electrical, hydraulic, or mechanical functions necessary for the operation of mobile equipment or its parts, if such fuels, lubricants, or other operating fluids escape from a vehicle part designed to hold, store, or receive them. This exception will not apply if the bodily injury or property damage arises out of the intentional discharge, dispersal, or release of the fuels, lubricants, or other operating fluids or if such fuels, lubricants, or operating fluids are brought onto the premises, site, or location with the intent that they be discharged, dispersed, or released as part of the operations being performed by you or your contractor or subcontractor; (b) bodily injury or property damage sustained within a building and caused by the release of gases, fumes, or vapors from materials brought into that building in connection with operations being performed by you or your contractor or subcontractor; or (c) bodily injury or property damage arising out of heat, smoke, or fumes from a hostile fire; or (5) at or from any premises, site, or location on which you or any contractors or subcontractors working directly or indirectly your behalf are performing operations, if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to or assess the effects of pollutants; or b. any: (1) request, demand, or order that you or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to or assess the effect of pollutants; or (2) claim or other proceeding by or on behalf of a governmental authority or others for the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of pollutants. However, this subsection will not apply to liability for damages because of property damage you would have in the absence of such request, demand, order, claim, or other proceeding by or on behalf of a governmental authority. 13. based upon or arising out of any actual or alleged: a. unauthorized acquisition, access, use, or disclosure of, improper collection or retention of, or failure to protect any non-public personally identifiable information or confidential corporate information that is in your care, custody, or control; or b., violation of any privacy law or consumer data protection law protecting against the use, collection, or disclosure of any information about a person or any confidential corporate information. Professional services 14. based upon or arising out of your actual or alleged performance of or failure to perform professional services. Recall of products, work, 15. based upon or arising out of the loss of use, withdrawal, recall, inspection, repair, or impaired property replacement, adjustment, removal, or disposal of: a. your product; b. your work; or C. impaired property; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy, or dangerous condition in it. Silica 16. based upon or arising out of any actual, alleged, or threatened exposure to, inhalation of, or contact with silicon dioxide, silica products, silica fibers, silica dust, any silica byproducts, or silica, whether alone or in combination with any substance, product, or material Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10114) Page 14 of 19 Ao H ISCOX " General Liability Coverage Part (Occurrence) Unsolicited telemarketing IT based upon or arising out of any actual or alleged violation of any federal, state, or local statutes, ordinances, or regulations relating to unsolicited telemarketing, solicitations, emails, faxes, text messages, or any other communications of any type or nature, including but not limited to the Telephone Consumer Protection Act, CAN-SPAM Act, or any "anti- spam" or "do -not -call' statutes, ordinances, or regulations. Exclusions 8, 12, and 15 of this Section D do not apply to damage by fire to premises while rented to you or temporarily occupied by you with the owner's permission. However, any payments we make for property damage to such premises will be subject to the Damage to Premises Limit. VII. Definitions The following definitions apply to this Coverage Part. Additional definitions are contained in the General Terms and Conditions, Section VI. Definitions applicable to all Coverage Parts. Accident means a sudden and unintended event that causes bodily injury to a third party. This definition applies only to coverage provided under Section I. What is covered, C. Medical payments. Advertisement means a notice about your goods, products, or services that is published or broadcast to the general public or a specific market segment for the purpose of attracting customers or supporters. For purposes of this definition: 1, notices that are published include material placed on the internet or on other similar electronic means of communication; and 2. with regard to websites, only that part of the website that is about your goods, products, or services for the purposes of attracting customers or supporters is considered an advertisement. Auto means: 1. a land motor vehicle, trailer, or semi -trailer designed for travel on public roads, including any attached machinery or equipment, or 2. any other land vehicle subject to a financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, auto does not include mobile equipment. Biological agents means any: 1. a. bacteria; b. mildew, mold, or fungi; C. other microorganisms; or d. mycotoxins, spores, or other byproducts of any of the foregoing; 2. viruses or other pathogens (whether or not a microorganism); or 3. colony or group of any of the foregoing. Bodily injury means physical injury, sickness, or disease sustained by a person, including resulting death, humiliation, mental injury, mental anguish, emotional distress, suffering, or shock, at any time. All such resulting injury will be deemed to occur at the time of the physical injury, sickness, or disease that caused it. Claim means any: 1, written assertion of liability; 2. written demand for damages; or 3. civil proceeding seeking damages, for bodily injury, property damage, or personal and advertising injury to which this Coverage Part applies. This includes an arbitration proceeding or any other alternative dispute resolution proceeding in which such damages are sought and to which you submit with our consent. Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) Page 15 of 19 HISCOX PRO" General Liability Coverage Part (Occurrence) Claim expenses means all reasonable and necessary fees, costs, and expenses (including the fees of attorneys and experts) incurred in the investigation, defense, or appeal of a claim. Coverage territory means anywhere in the world, but this Coverage Part will apply only to a claim brought in the United States, its territories or possessions, or Canada. Damages means any monetary amount you are ordered to pay by a court, or by an arbitrator in an arbitration to which we have consented. However, damages does not include any civil, regulatory, or criminal fines, restitution, disgorgement, sanctions, taxes, or penalties, including those imposed by any federal, state, or local governmental authority, or any multiple, punitive, or exemplary damages. Damages because of bodily injury includes care, loss, or services, or death resulting at any time from the bodily injury. Employee means any person employed by you, including any leased worker, but does not include a temporary worker. Hostile fire means a fire that becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property, other than your product or your work, that cannot be used or is less useful because: 1. it incorporates your product or your work that is known or thought to be defective, deficient, inadequate, or dangerous; or 2. you have failed to fulfill the terms or conditions of a contract or agreement; if such property can be restored to use by: 1. the repair, replacement, adjustment, or removal of your product or your work; or 2. your fulfilling the terms or conditions of the contract or agreement. Insured contract means: 1. a contract for the lease of premises, but not any portion of the lease that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner; 2 a sidetrack agreement; 3. an easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; 4, an obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; 5. an elevator maintenance agreement; or 6. any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for such municipality) in which you assume the tort liability of another to pay damages sustained by a third party to which this Coverage Part would apply. Tort liability means liability that would be imposed by law in the absence of any contract or agreement. However, an insured contract does not include that part of any contract or agreement: 1. that indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations on or within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass, or crossing; 2. that indemnifies an architect, engineer, or surveyor for damages arising out of: a. preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, field orders, change orders, designs, or specifications; or b. giving or failure to give directions or instructions, if that is the primary cause of the injury or damage; or Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) Page 16 of 19 f HISCOX '" General Liability Coverage Part (Occurrence) 3. under which an insured who is an architect, engineer, or surveyor assumes the liability for injury or damage arising out of the insured's rendering of or failure to render professional services of any kind. Lead means the element lead in any form, including its use or presence in any alloy, compound, byproduct, or other material waste. Waste includes, but is not limited to, materials to be recycled, reconditioned, or reclaimed. Leased worker means any person leased to you by a labor leasing firm to perform duties related to the conduct of your business. However, leased worker does not include a temporary worker. Loading or unloading means the handling of property: 1 after it is moved from the place where it is accepted for movement into or onto an aircraft, auto, or watercraft; 2. while it is in or on an aircraft, auto, or watercraft; or 3. while it is being moved from an aircraft, auto, or watercraft to the place where it is finally delivered. 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, auto, or watercraft. Medical expenses means reasonable expenses for necessary: 1. first aid administered at the time of an accident; 2. medical, surgical, x-ray, and dental services, including prosthetic devices; and 3. ambulance, hospital, professional nursing, and funeral services. Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment: 1. bulldozers, farm machinery, forklifts, and other vehicles designed for use principally off public roads; 2. vehicles maintained for use solely on or next to premises owned by or rented to you; 3„ vehicles that travel on crawler treads; 4. vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. power cranes, shovels, loaders, diggers, or drills; or b. road construction or resurfacing equipment such as graders, scrapers, or rollers; 5. vehicles not described in 1, 2, 3, or 4 above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. air compressors, pumps, and generators, including spraying, welding, building cleaning, geophysical exploration, lighting, and well -servicing equipment; or b. cherry pickers and similar devices used to raise or lower workers; and 6. vehicles not described in 1, 2, 3, or 4 above maintained primarily for purposes other than the transportation of persons or cargo. However, mobile equipment does not include self- propelled vehicles with the following types of permanently attached equipment: a. equipment designed primarily for: (1) snow removal; (2) road maintenance, but not construction or resurfacing; or (3) street clearing or cleaning; b. cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; or Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) Page 17 or 19 *10 ISCOX PRO" General Liability Coverage Part (Occurrence) C. air compressors, pumps, and generators, including spraying, welding, building cleaning, geophysical exploration, lighting, and well -servicing equipment. Instead, vehicles described in a, b, or c above will be considered autos. Occurrence means an accident arising out of your business operations, including continuous or repeated exposure to substantially the same general harmful conditions. Officer means a person holding any of the officer positions created by an organization's charter, constitution, by-laws, or any other similar governing documents. Personal and advertising means injury, including consequential bodily injury, arising out of one or more of the following injury offenses: 1. false arrest, detention, or imprisonment; 2. malicious prosecution; 3. the wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling, or premises that a person occupies, committed by or on behalf of its owner, landlord, or lessor; 4. oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products, or services; 5 oral or written publication, in any manner, of material that violates a person's right to privacy; 6, the use of another's advertising idea in your advertisement; or 7. infringement of copyright, trademark, trade dress, or slogan in your advertisement. Pollutants means any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapor, dust, nanoparticles, fibers, soot, ash, fumes, acids, alkalis, chemicals, and waste. Waste includes, but is not limited to, materials to be recycled, reconditioned, or reclaimed. Products -completed 1. includes all bodily injury and property damage taking place away from premises owned, operations hazard occupied by, loaned, or rented to you and arising out of your product or your work, except: a. products that are still in your physical possession; or b. work that has not yet been completed or abandoned. However, your work will be deemed completed at the earliest of the following times: (1) when all of the work called for in your contract or agreement has been completed; (2) when all of the work to be performed at the site has been completed, if your contract or agreement calls for work at more than one site; or (3) when that part of the work completed at a site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair, or replacement, but which is otherwise complete, will be treated as completed; and 2, does not include bodily injury or property damage arising out of: a. the transportation of property, unless the injury or damage results from a condition in or on a vehicle not owned or operated by or loaned or rented to you and that condition was created by the loading or unloading of that vehicle by you; or b. the existence of tools, uninstalled equipment, or abandoned or unused materials. Professional services means professional services customarily provided by an architect, engineer, surveyor, physician, surgeon, dentist, or other healthcare provider, accountant, insurance agent/broker, investment advisor, securities broker/dealer, or attorney, or any other services identified as Covered Professional Services in the Declarations. Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) Page 18 of 19 40 H SCOX " General Liability Coverage Part (Occurrence) Property damage means: 1. physical injury to tangible property, including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it; or 2, loss of use of tangible property that is not physically injured. All such loss of use will be deemed to occur at the time of the occurrence that caused it. Tangible property does not include any software, data, or other information in electronic form. Retention means the amount stated as such under the General Liability Coverage Part section of the Declarations. 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, Temporary worker does not include leased worker. Volunteer worker means a person who is not your employee, and who donates his or her work and acts at your direction and within the scope of duties determined by you, and is not paid a fee, salary, or other compensation by you or anyone else for their work performed for you. You, your, or insured means the named insured and any other person or organization expressly described as an insured in Section III. Who is an insured. Your product 1. means any: a, goods or products, other than real property, manufactured, sold, handled, distributed, or disposed of by: (1) you; (2) others trading under your name; or (3) a person or organization whose assets or business you have acquired; and b. containers (other than vehicles), materials, parts, or equipment furnished in connection with such goods or products; 2. includes: a. representations or warranties made at any time with respect to the durability, fitness, performance, quality, or use of your product; and b. the providing of or failure to provide instructions or warnings; and 3, does not include vending machines or other property loaned or rented to or located for the use of others but not sold. Your work 1. means: a. work or operations performed by you or on your behalf; and b, materials, parts, or equipment furnished in connection with such work or operations; and 2. includes: a. representations or warranties made at any time with respect to the durability, fitness, performance, quality, or use of your work; and b. the providing of or failure to provide instructions or warnings. Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) Page 19 of 19 0 DATE (MMIDD/YYYY) ACt:PR" CERTIFICATE OF LIABILITY INSURANCE 2/4/2021 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). PRODUCER CONTACT _ . _ . _ _ _ Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. PHONE I Fi15t .... 21820 Burbank Blvd.„ q F,��), 818 316 0999 1 tr„). 818 316 0990 E-MAIL Suite 175 a,Dr%F ss .... -- Woodland Hills CA 91367 Alca e............. INSURERfS� AFFORDING COVERAGE �. N ...----- ..... ............... ... ......... 4LcenSAB OHEA-022 INSURERC...HartfO drIAccide tl INSURED and Indemn m� 1. ...COany 22357,... Absolute Health & Performance, Inc Dba: BodySpec Culver City CCA 0230-6607 .. 5847 Y INSURER INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: 1811874086 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. .,.,.,.,_ ....._._........... INSR ----- ........... ,�k87WL�CwUIR LTR TYPE OF INSURANCE I 1 i POLICY NUMBER POLICY E� ..... ....,eeeeeea............ ..................... - --------... ....- F"F r�OLicYexr+ IMMtOONYYY MM,PDDJYYYY f LIMITS A X COMMERCIAL GENERAL LIABILITY ME0140476420 f 2/9/2021 21112022 EACH OCCURRENCE - $ f ( � X -2,000.000 _ AMACiE10�6YV1`E�1 . 50 000 CLAIMS -MADE OCCUR PREA.AJ,SES fEa occwrrence) $ .. .. ,y MED EXP (Any one personl $ 5.000 PERSONAL 8 ADV INJURY $ 1 000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000,000 PRO- �, X. POLICY .J JECT ( .�I LOC .... .... _ ._... PRODUCTS_ COMP/OPAGG� $ 1.,000.000 OTHER: � $ AUTOMOBILE LIABILITY COMOINED SINGLE LIMIT $ - 1 ANY AUTO I BODILY INJURY (Per person) 1 I $ OWNED SCHEDULED I ODILYINJURY(Peracc--- )� $ HIRED NON -OWNED . HIRED ONLY AUTOS ONLY ......_ ... ,,..I .d ROPCRf"e'`6414AGF _ fl,r FALCI,�ir1_1, ----- _._ .. ,........ I. I $ UMBRELLA LIAB OCCUR t EACH OCCURRENCE. $ EXCESS LIAR CLAIMS MADE, r AGGREGATE $ DED RETENTION $ i 1 $ B WORKERS COMPENSATION 72WECAA9BAJ 1/15/2021 1/15/2022 iX PER OTH 5TATI TE ER`ANYPROPRIETOR/PARTNER/EXECUTIVE AND EMPLOYERS' LIABILITY YIN N „• ,� 11 OFFICER/MEMBEREXCLUDED? �N/A E L EACH ACCIDENT -- -� ----POLICY $ 1 000 000 ................. " """"' (Mandatory ) PLOYEE $1 000 000 If yes, describelunlder DESCRIPTION OF OPERATIONS below i S ICY LIMIT E L. DISEASE $ 9 ,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: All Operations. City of El Segundo, its officers, officials, employees and volunteers are included as additional insureds with respects to General Liability policy on Primary and Non Contributory basis as required by written contract Waiver of subrogation applies in favor of additional 'insureds with respects to worker's compensation Policy as required by written contract. m L 1111111Nt:4:41112t9Ir11;1;L41119J eta • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of El Segundo 350 Main Street El Segundo CA 90245-3895 AUTHORIZED REPRESENTATIVE © 1983-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS' COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS Policy Number: 72 WEC AA9BAJ Endorsement Number: Effective Date: 01/15/21 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: ABSOLUTE HEALTH & PERFORMANCE, INC. DBA BODYSPEC 6509 EPPING FOREST CV AUSTIN TX 78730 Section I of this endorsement expands coverage provided under WC 00 00 00. Section II of this endorsement provides additional coverage usually only provided by endorsement. Section III of this endorsement is a Schedule of Covered States. You may use the index to locate these coverage features quickly: SUBJECT SECTION I PARTS ONE and TWO 01 We Will Also Pay PART -THREE 02 How This Insurance Works PART - SIX 03 Transfer of Your Rights and Duties 04 Liberalization SECTION II VOLUNTARY COMPENSATION INSURANCE 05 Voluntary Compensation Insurance A. How This Insurance Applies B. We Will Pay C. Exclusions D. Before We Pay E. Recovery From Others F. Employers' Liability Insurance EMPLOYERS' LIABILITY STOP GAP ENDORSEMENT 06 Employers' Liability Stop Gap Coverage A. Stop Gap Coverage Limited to Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming INDEX PAGE 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 SUBJECT B. Part One Does Not Apply C. Application of Coverage D. Additional Exclusions E. West Virginia EXTENDED OPTIONS 01 Employers' Liability Insurance 02 Unintentional Failure to Disclose Hazards 03 Waiver of Our Right to Recover from Others 04 Foreign Voluntary Compensation A. How This Reimbursement Applies B. We Will Reimburse C. Exclusions D. Before We Pay E. Recovery From Others F. Reimbursement For Actual Loss Sustained G. Repatriation H. Endemic Disease 05 Longshore and Harbor Workers' Compensation Act Coverage Endorsement SECTION III 01 Schedule of Covered States PAGE 3 3 3 3 4 4 4 4 4 4 4 4 5 5 5 Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 1 of 6 Process Date: 12/06/20 Policy Expiration Date: 01/15/22 © 2000, The Hartford PARTS ONE and TWO 1. WE WILL ALSO PAY D. We Will Also Pay of Part One (WORKERS' COMPENSATION INSURANCE); and E. We Will Also Pay of Part Two (EMPLOYERS' LIABILITY INSURANCE) is replaced by the following: We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding, or suit we defend: 1. reasonable expenses incurred at our request, INCLUDING loss of earnings; 2. premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance; 3. litigation costs taxed against you; 4. interest on a judgment as required by law until we offer the amount due under this law; and 5. expenses we incur. VOLUNTARY COMPENSATION ANDEMPLOYERS' LIABILITY COVERAGE 5. Voluntary Compensation Insurance A. How This Insurance Applies This insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must be sustained by any officer or employee not subject to the workers' compensation law of any state shown in Item 3.A. of the Information Page. 2. The bodily injury must arise out of and in the course of employment or incidental to work in a state shown in Item 3.A. of the Information Page. SECTION I PART THREE 2. How This Insurance Applies Paragraph 4. of A. How This Insurance Applies of Part 3 (Other States Insurance) is replaced by the following: 4. If you have work on the effective date of this policy in any state not listed in Item 3.A. of the Information Page, coverage will not be afforded for that state unless we are notified within sixty days. PART SIX 3. Transfer Of Your Rights and Duties C. Transfer Of Your Rights and Duties of Part 6 (Conditions) is replaced by the following: Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within sixty days after your death, we will cover your legal representative as insured. 4. Liberalization If we adopt a change in this form that would broaden the coverage of this form without extra charge, the broader coverage will apply to this policy. It will apply when the change becomes effective in your state. SECTION II 3. The bodily injury must occur in the United States of America, its territories or possessions, or Canada, and may occur elsewhere if the employee is a United States or Canadian citizen, or otherwise legal resident, and legally employed, in the United States or Canada and temporarily away from those places. 4. Bodily injury by accident must occur during the policy period. 5. Bodily injury by disease must be caused or aggravated by the conditions of the Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 2 of 6 officer's or employee's employment. The If the persons entitled to the benefits of this officer's or employee's last day of last insurance make a recovery from others, they exposure to the conditions causing or must reimburse us for the benefits we paid them. aggravating such bodily injury by disease F. Employers' Liability Insurance must occur during the policy period. Part Two (Employers' Liability Insurance) applies B. We Will Pay to bodily injury covered by this endorsement as We will pay an amount equal to the benefits though the State of Employment was shown in that would be required of you as if you and Item 3.A. of the Information Page. your employees were subject to the workers' This provision 5. does not apply in New Jersey or compensation law of any state shown in Item Wisconsin. 3.A. of the Information Page. We will pay EMPLOYERS' LIABILITY STOP GAP COVERAGE those amounts to the persons who would be entitled to them under the law. 6. Employers' Liability Stop Gap Coverage C. Exclusion A. This coverage only applies in Montana, North This insurance does not cover: Dakota, Ohio, Washington, West Virginia and Wyoming. 1. any obligation imposed by workers' B. Part One (Workers' Compensation Insurance) compensation or occupational disease does not apply to work in states shown in law or any similar law. Paragraph A above. 2. bodily injury intentionally caused or C. Part Two (Employers' Liability Insurance) applies aggravated by you. in the states, shown in Paragraph A., as though 3. officers or employees who have elected they were shown in Item 3.A. of the Information not to be subject to the state workers' Page. compensation law. D. Part Two, Section C. Exclusions is changed by 4. partners or sole proprietors not covered adding these exclusions. under the Standard Sole Proprietors, This insurance does not cover; Partners, Officers and Others Coverage Endorsement. 5. bodily injury intentionally caused or D. Before We Pay aggravated by you or in Ohio bodily injury resulting from an act which is determined by Before we pay benefits to the persons an Ohio court of law to have been committed entitled to them, they must: by you with the belief than an injury is 1. Release you and us, in writing, of all substantially certain to occur. However, the responsibility for the injury or death. cost of defending such claims or suits in Ohio 2. Transfer to us their right to recover from is covered. others who may be responsible for the 13. bodily injury sustained by any member of the injury or death. flying crew of any aircraft. 3. Cooperate with us and do everything 14. any claim for bodily injury with respect to necessary to enable us to enforce the which you are deprived of any defense or right to recover from others. defenses or are otherwise subject to penalty If the persons entitled to the benefits of this because of default in premium under the insurance fail to do those things, our duty to provisions of the workers' compensation law pay ends at once. If they claim damages or laws of a state shown in Paragraph A. from you or from us for the injury or death, E. This insurance applies to damages for which you our duty to pay ends at once. are liable under West Virginia Code Annot. S 23- E. Recovery From Others 4-2. If we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we paid. We will pay the balance to the persons entitled to it. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 3 of 6 EXTENDED OPTIONS 1, Employers' Liability Insurance 4„ Foreign Voluntary Compensation and Employers' Item 3.13. of the Information Page is replaced by Liability Reimbursement the following: A. How This Reimbursement Applies B. Employers' Liability Insurance: 1. Part Two of the policy applies to work in each state listed in Item 3.A. The Limits of Liability under Part Two are the higher of: Bodily Injury by Accident $500,000 Each Accident Bodily Injury by Disease $500,000 Policy Limit Bodily Injury by Disease $500,000 Each Employee OR This reimbursement provision applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must be sustained by an officer or employee. 2. The bodily injury must occur in the course of employment necessary or incidental to work in a country not listed in Exclusion C.1. of this provision. 3. Bodily injury by accident must occur during the policy period. 4. Bodily injury by disease must be caused or aggravated by the conditions of your employment. The officer or employee's last exposure to those conditions of your employment must occur during the policy period. B. We Will Reimburse 2. The amount shown in the Information We will reimburse you for all amounts paid by Page. you whether such amounts are: This provision 1 of EXTENDED OPTIONS does 1. voluntary payments for the benefits that not apply in New York because the Limits Of Our would be required of you if you and your Liability are unlimited. officers or employees were subject to any In this provision the limits are changed from workers' compensation law of the state of $500,000 to $1,000,000 in California. hire of the individual employee. 2. Unintentional Failure to Disclose Hazards 2. sums to which Part Two (Employers' Liability If you unintentionally should fail to disclose all Insurance) would apply if the Country of existing hazards at the inception date of your Employment were shown in Item 3.A. of the policy, we shall not deny coverage under this Information Page. policy because of such failure. C. Exclusions 3. Waiver of Our Right To Recover From Others This insurance does not cover: A. We have the right to recover our payments 1. any occurrences in the United States, from anyone liable for an injury covered by Canada, and any country or jurisdiction this policy. We will not enforce our right which is the subject of trade or economic against any person or organization for whom sanctions imposed by the laws or regulations you perform work under a written contract of the United States of America in effect as of that requires you to obtain this agreement the inception date of this policy. from us. 2. any obligation imposed by a workers' This agreement shall not operate directly or compensation or occupational disease law, indirectly to benefit anyone not named in the or similar law. agreement. 3. bodily injury intentionally caused or B. This provision 3. does not apply in the states aggravated by you. of Pennsylvania and Utah. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 4 of 6 4. liability for any consequence, whether of America necessarily incurred as a direct result direct or indirect, of war, invasion, act of of bodily injury. Foreign enemy, hostilities (whether war Our reimbursement shall be limited as follows: be declared or not), civil war, rebellion, revolution, insurrection or military or 1. to the amount by which such expenses usurped power. No endorsement now or exceed the normal cost of returning the subsequently attached to this policy shall officer or employee if in good health, or be construed as overriding or waiving 2. in the event of death, to the amount by which this limitation unless specific reference is such expenses exceed the normal cost of made thereto. returning the officer or employee if alive and D. Before We Pay in good health. Before we reimburse you for the benefits to In no event shall our reimbursement exceed the the persons entitled to them, you must have bodily injury by accident limit shown in Item 3.13. them: of the Information Page as respects any one such officer or employee whether dead or alive. 1. release you and us, in writing, of all H. Endemic Disease responsibility for the injury or death, 2. transfer to us their right to recover from The word "disease" includes any endemic others who may be responsible for their diseases. injury or death, The coverage applies as if endemic diseases 3. cooperate with us and do everything were included in the provisions of the workers' necessary to enable us to enforce the compensation law. right to recover from others. 5. Longshore and Harbor Workers' Compensation If the persons entitled to the benefits paid fail Act Coverage to do these things, our duty to reimburse General Section C. Workers' Compensation Law ends at once. If they claim damages from us is replaced by the following: for the injury or death, our duty to reimburse C. Workers' Compensation Law ends at once. Workers' Compensation Law means the workers E. Recovery From Others or workers' compensation law and occupational If we make a recovery from others, we will disease law of each state or territory named in keep an amount equal to our expenses of Item 3.A. of the Information Page and the recovery and the benefits we reimbursed. Longshore and Harbor Workers' Compensation We will pay the balance to the persons Act (33 USC Sections 901-950). It includes any entitled to it. If persons entitled to the amendments to those laws that are in effect benefits make a recovery from others, they during the policy period. It does not include any must repay us for the amounts that we have other federal workers or workers' compensation reimbursed you. law, other federal occupational disease law or the F. Reimbursement for Actual Loss provisions of any law that provide Sustained nonoccupational disability benefits. This endorsement provides only for Part Two (Employers' Liability Insurance), C. reimbursement for the loss you actually Exclusions, exclusion 8, does not apply to work sustain. In order for you to recover loss or subject to the Longshore and Harbor Workers' expenses under this reimbursement you Compensation Act. must: This coverage does not apply to work subject to 1. actually sustain and pay the loss or the Defense Base Act, the Outer Continental expense in money after trial, or Shelf Lands Act, or the Nonappropriated Fund Instrumentalities Act. 2. secure our consent for the payment of the loss or expense. G. Repatriation Our reimbursement includes the additional expenses of repatriation to the United States Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 5 of 6 SECTION III 1. SCHEDULE OF COVERED STATES A. This endorsement only applies in the states listed in this Schedule of Covered States. C. Schedule of Covered States: CA Countersigned by B. If a state, shown in Item 3.A. of the Information Page, approves this endorsement after the effective date of this policy, this endorsement will apply to this policy. The coverage will apply in the new state on the effective date of the state approval Authorized Representative Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 6 of 6