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PROOF OF INSURANCE (2023 - 2024) CLOSED-°► � CERTIFICATE OF LIABILITY INSURANCE DATE 11 /2912023 .. 29/2023 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. w IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS 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 SPECIALTY PROGRAM GROUP LLC/PHS NAME: �46505301 PHONE (866)467-8730 —FAX (A/C, No, Ext): (AIC, No): The Hartford Business Service Center 3600 Wiseman Blvd E-MAIL San Antonio, TX 78251 ADDRESS: INSURERS) AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Underwriters Insurance Company 30104 NMK CORPORATION INSURER B : 2740 N SPRINGFIELD ST INSURER C ORANGE CA 92867 INSURER D INSURER E INSURER F : r•nvooAe-CC r-cDTICIPATc KIHU al=l2• RF%n_ginN NLIMRFR: 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR yl/1/ ,,,,AIM/OD/YYYY. MMI O/Y .. MERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 CUAiMS-MADE X OCCUR TXG DAMAGETORENTED $1,000,000 PREMI currence eralI LDal lllty MED EXP (Any one person) $10,000 A X 46 SBM AW6SLF 09/25/2023 09/25/2024 PERSONALBADVINJURY $2,000,000 GENERAL AGGREGATE _ $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $4,000,000" POLICY PRO 0 LOC X JECT OTHER: COMBINED SINGLE LIMIT` AUTOMOBILE LIABILITY accident).�........ ANY AUTO BODILY INJURY (Per person) - ALL OWNED SCHEDULED _ BODILY INJURY (Per accident) AUTOS AUTOS HIRED NON -OWNED PROPERTY DAMAGE AUTOS AUTOS I (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS- MADE DED RETENTION $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER ANY YIN E.L. EACH ACCIDENT PROPRIETOR/PARTNER/EXECUTIVE N/A OFFICER/MEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE (Mandatory in NH) If yes, describe under E.L DISEASE - POLICY LIMIT #�IPTIQN F QPERfj,TIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Those usual to the Insured's Operations. Certificate holder is an additional insured per the Blanket Additional Insured by Contract SL 30 32 Form attached to this policy. CERTIFICATE HOLDER L;A Nk;tL.LA 11'r,,,7 N CITY OF EL SEGUNDO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 350 MAIN ST BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED EL SEGUNDO CA 90245-3813 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DATE (MM/DD/YYY ,., CERTIFICATE OF LIABILITY INSURANCE 11/29/2023 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 be endorsed. If SUBROGATIONIS 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). SPECIALTY PROGRAM GROUP LLC/PHS 46505301 NAMt: PHONE (A/C, No, EXt): (866)467-8730 - PAX (A/C, No): The Hartford Business Service Center E-MAIL 3600 Wiseman Blvd San Antonio, TX 78251 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURERA: Hartford Fire Ins, Co. 19682 NMK CORPORATION '. INSURER B a 2740 N SPRINGFIELD ST ORANGE CA 92867 INSURER C : INSURER D INSURER E : INSURER F i. T^^AIcMA .+.!ec rCorrrrrAYC r.uueneo• RFVIRInN NIIMRFR- 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 TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS T INSR WVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE DAMAGE TO RENTED CLAIMS -MADE OCCUR PRgMISES Ea r n MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: IGENERAL AGGREGATE POLICY ❑ PRO- LOC PRODUCTS - COMP/OP AGG IECT OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY n. ANY AUTO BODILY INJURY (Per person) ALL OWNED SCHEDULED BODILY INJURY (Per accident) AUTOS AUTOS PROPERW DAMAGE HIRED NON -OWNED AUTOS AUTOS (Per accident) UMBRELLA LIAR OCCUR EACH OCCURRENCE ".. EXCESS LIAB CLAIMS- AGGREGATE MADE DEO RETENTION $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER ANY Y/N E.L. EACH ACCIDENT PROPRIETOR/PARTNER/EXECUTIVE N/A OFFICER/MEMBER EXCLUDED? C E.L. DISEASE -EA EMPLOYEE (Mandatory in NH) If yes, describe under E,L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS below Limit $2,000,000 A �0/17/20�231/17/2024ecE&OGlitch 46TE0281457 Aggregate Limit $2,000,000 Retention Eac�Glitch $5,000 DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the insured's operations. CITY OF EL SEGUNDO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 350 MAIN ST BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED EL SEGUNDO CA 90245-3813 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 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 1 Business Liability 2 Medical Expenses Coverage Extension - Supplementary Payments 2 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 S. Separation Of Insureds 16 S. Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 1B Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 F� 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 "our" 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"' seeping those damages. However, we will have no duty to defend the insured against any "suit"" seeking damages for "bodily injury""„ "property damai,gew 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 a written or verbal demand or b. We will make these payments regardtess of claim for damages because of the "bodily fault. Thesepayments will not exceed the injury"or "Property damage"; or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for: bodily injuryor "property damage" has "occurred 1 First aid administered at the time of an ( ) or has begun to occur. accident; d. Damages because of "bodily injury" include (2) 'Necessary medical, surgical, x-ray and damages claimed by any persona or dental services, including prosthetic organization for care, toss of services or devices; and death resulting at any time from the ,"bodily (3) Necessary ambulance, hospital, injury". professional nursing and funeral e. Incidental Medical Malpractice services. (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will ,pay, with respect to any claim or physician, dentist, nurse, emergency "suit' we investigate or settle, or any "suit' medical technician or paramedic shall against an insured we defend: be deemed to be caused by an (1) All expenses we incur - "occurrence", "occurrence , but only if: (2) Up to 1,d�f)0 for the cost of bait bonds (a) The physician„ dentist, nurse, required because of accidents or traffic emergency medical technician or taw violations arising, oral of the use of employed by you to paramedic is e any vehicle to which Business Liability provide such services, and Coverage for "bodily injury" applies. We (b) You are not engaged in the do not have to furnish these bonds. business or occupation of providing (3) The cost of appeal bonds or bonds to such services. release attachments, but only for bond (2) For the purpose of determining the amounts within the applicable limit of limits of insurance for incidental medical insurance. We do not have to furnish malpractice, any act or omission these bonds. together with all related acts or (4) All reasonable expenses incurred by the omissions in the furnishing of these insured at our request to assist us in the services to any one person will be investigation or defense of the claim or considered one "occurrence". "suit", including actual doss of earnings 2. MEDICAL EXPENSES up to 00 a day because of time off Insuring Agreement from work. a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily injury" caused by an the "suit". accident: (6) prejudgment interest awarded against (1) On premises you own or rent; the insured on that part of the judgment (2) n ways next to premises you own or we pay`. if we make an offer to pay the applicable limit of insurance, we will not rent; or r pay any prejudgment interest based on (3) Because of your operations; that period of time after the offer. provided that: (7) All interest on the full amount of any (1) The accident takes place in the judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that Is within the to us within three years of the date of applicable limit of insurance. the accident; and Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by physicians of our choice as often as we reasonably require. Form SS 00 08 04 05 Page 2 of 24 b. If we defend an insured against a "suit' and an indemnitee of the insured is also named as a 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 liability of the indemnitee in a contract or agreement that is an "insured contract"; (2) This insurance applies to such liability assumed by the insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; (4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit' and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee: (a) Agrees in writing to: (i) Cooperate with us in the investigation, settlement or defense of the "suit'; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (1) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit". Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request wldl be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. — Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met. B. EXCLUSIONS 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended Injury (1) -Bodily Injury," or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodity, injury" or "property damage" resulting from the use of reasonable force to protect persons or property; or (2) "Personal and advertising injury" arising out of an offense comroded 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 (2) "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a) "Bodily Injury" ""property damage" or "'personal and advertising injury"'that the insured would have in the absence of the contract or agreement; or 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 insureds 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 execration 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 and attorneys' fees and necessary litigation expenses incurred by or for (2) To any obligation to share damages a parry 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 outof 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 location which is or was at any Insurance applies are alleged. time owned or occupied by, or c. Liquor Liability rented or loaned to any insured. "Bodily injury" or "property 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 smoke, fumes, vapor or soot intoxication of any person; produced by or originating from (2) The furnishing of alcoholic beverages to equipment that Is used to heat, that a person under the legal drinking age or cool m nt the building, under the influence of alcohol; or 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 location and 9. Employer's Liability premises, site or such premises, site or location "Bodily injury" to: 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 Form SS 00 08 04 05 Page 4 of 24 BUSINESS LIABILITY COVERAGE FORM (iii) "Bodily injury" or "property released as part of the operations being performed darnage" arising out of heat, by such insured, contractor or smoke or fumes from a subcontractor; "hostile fire"; (b) At or from any premises, site or (ii) "Bodily injury" or "property location which is or was at any damage" sustained within a building and caused by the time used by or for any insured or release of gases, fumes or others for the handling, storage, vapors from materials brought disposal, processing or treatment into that'. building In connection of waste; with operations being performed (c) Which are or were at any time by you or on your behalf by a transported, handled, stored, contractor or subcontractor; or treated, disposed of, or processed (iii) "Bodily injury„ or "property as waste by or for: damage" arising out of heat, (I) Any insured; or smoke or fumes from a (ii) Any person or organization for "hostile fire"; or whom you may be legally (e) At or from any premises, site or responsible; location on which any insured or any (d) At or from any premises, site or contractors or subcontractors location on which any insured or working, directly or indirectly on any any contractors or subcontractors insured's behalf are performing working directly or indirectly on operations If the operations are to any insured's behalf are test for, monitor, clean up, remove, performing operations if the contain, treat, detoxify or neutralize, ,'pollutants"" are brought on or to or in any way respond to, or assess the premises, site or location in the effects of, "pollutants". connection with such operations (2) Any loss, cost or expense arising out by such insured, contractor or of any: subcontractor. However, this subparagraph does not apply to: (a) Request, demand° order or statutory or regulatory requirement that any (i) '"l3odlly injury'" or "property insured or others test for, monitor, damage" arising out of the clean up, remove, contain, treat, escape of fuels lubricants or detoxify or neutralize, or in any way fluids which are other operatingrespond to, or assess the effects of, needed perform the normal "pollutants'" or electrical, hydraulic or functions (b) M aim or suit by or on behalf of a mechanical necessary for the operation of governmental authority for damages because of testing for,. "mobile equipment" or its parts, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way responding to, or assessing the store or receive them. This exception does not apply if the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because Intentional discharge„ dispersal of ",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 or fluids, or if such fuels, regulatory requirement„ of such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Page 5 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM g. Aircraft, Auto Or Watercraft (2) The use of "mobile equipment" in, or while in practice or preparation for, a "Bodily injury" or "property damage" arising prearranged racing, speed or prearli', out of the ownership, maintenance, use or ng contest or in any stunting entrustment to others of any aircraft, "auto" activity. or watercraft owned or operated by or rented or loaned to any insured. Use includes i. War operation and "loading or unloading". "Bodily Injury", "property damage" or This exclusion applies even if the claims "personal and advertising injuryy', however against any insured allege negligence or caused, arising, directly or indirectly, out of:. other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others (2) Warlike action by a military force, by that insured, If the "occurrence" which including action in hindering or caused the "°bothly injury" or "property defending against an actual or damage" involved the ownership, expected attack, by any government, maintenance, use or entrustment to others of sovereign or other authority using any aircraft, "auto, or watercraft that is military personnel or other agents; or owned or operated by or rented or loaned to (3) Insurrection, rebellion, revolution, any insured. usurped power, or action titian by This exclusion does not apply to: governmental authority in hindering or (1) A watercraft while ashore on premises defending against any of these. you own or rent; j. Professional Services (2) A watercraft you do not own that is: "Bodily injury", "property damage"' or (a) Less than 51 feet long; and "personal and advertising injury"' arising out of the rendering of or failure to render (b) Not being used to carry persons any professional service. This includes for a charge; but is not limited to: (3) Parking an "auto" on, or on the ways next to, premises you own or rent, 1 Legal, accounting or advertising O g provided the "auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving„ or failing to (4) Liability assumed under any "insured prepare or approve maps, shop drawings, opinions, reports, surveys, contract" for the ownership„ field orders, change orders, designs or maintenance or use of aircraft or drawings and specifications; watercraft; (5) 'Bodily injury" or "'property damage'" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental„ x-ray or or f„(3) of the definition of "mobile nursing services treatment, advice or equipment"; or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice or instruction; with a paid crew, However, this (6) Any service, treatment, advice or exception does not apply if the insured instruction for the purpose of has any other insurance for such 'bodily appearance or skin enhancement, faqir injury"' or "property damage""" whether removal or replacement or personal the other insurance is primary, excess, grooming; contingent or on any other basis. (7) Optical or hearing aid services h. Mobile Equipment including the ,prescribing, preparation, "Bodily injury" or "property damage" fitting" demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of "mobile equipment" products or hearing aid' devices; by an "auto"' owned or operated by or rented or loaned to any insured; or Form SS 00 08 04 05 Page 6 of 24 BUSINESS LIABILITY COVERAGE FORM (a) optometry or optometric Services Paragraphs (1), (3) and (4) of this exclusion do not apply to "property including but not limited to examination the prescribing, damage" (other than damage by fife) 10 of the eyes and preparation, fitling,demonstrabon or promises, including the contents of such rented to you for a period of 7 or distribution of ophthalmic lenses and premises, fewer consecutive days, A Separate Limit similar products; of insurance applies to C)amage To (9) Any: 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 nol (b) Tattooing, including but not limited apply if ifie, Premises are 'your wore 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 borrowed equipment while not being used not apply to the Inddentat Medical 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 '"products -completed operations hazard". "Property damage" to: I. Damage To Your Pro duct (1) Property you own, rent or occupy„ 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 woTW' arising restoration or maintenance of such cut Of it or any part of it and Included in the property for any reason, including "„products-compteted operations hazard". prevention of injury to a person or damage to another's property; This exclusion does not apply it the damaged work or the work out of which (2) premises you sell, give away or the damage arises was performed on your abandon, if the "property damage" arises behalf by a subcontractor. out of any part of those premises; n. Damage To Impaired Property or (3) Property loaned to you; Prop" 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 (1) A defect, deficiency, inadequacy or subcontractors working directly or dangerous condition in 'your product" indirectly on your behalf are performing or "your work"; or operations, if the "property damage' out of those operations; or (2) A delay or failure by you or anyone arises acting , an your behalf to perform a (6) That particular part of any property contract or agreement in accordance that must be restored, repaired or t with its terms. replaced because "your work" was This exclusion does not apply to the loss incorrectly performed on it. 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: (a) Advertising, broadcasting, expense incurred by you or others for the, lass of use, withdrawal, recall„ inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product"; (c) An Internet search, access, (2) "Your work"; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. the definition of "personal and withdrawn or recalled from the market or from use by any person or organization under 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 linking to others on your web site, by "Personal and advertising injury": 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 (9) Arising out of an electronic chat room knowledge of its falsity; 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 (10) Arising out of the unauthorized use of beginning of the policy period' 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 person's 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 (a) An "advertisement" for others on the price of goods, products or services; your web site; (7) Arising out of any violation of any (b) Placing a link to a web site of intellectual property rights such as others on your web site; copyright, patent, trademark, trade name, trade secret, service mark or (c) Content from a web site of others other designation of origin or dispiayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds" text, graphics or images; or apply to infringement, in your "advertisement", of (d) Computer code, software or programming used to enable: (a) Copyright; (i) Yourweb site; or (b) Slogan, unless the slogan is also (ii) The presentation or functionality a trademark, trade name, service mark or other designation of origin of an "advertisement' or other or authenticity; or content on your web site; Form SS 00 08 04 05 Page 8 of 24 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit alleging actual or threatened injury(14) Arising out of the fluctuation in price or or damage of any nature or kind to value of any stocks, bonds or other persons or property which would securities; or not have occurred in whole or in (15) Arising out of discrimination or part but for the "asbestos hazard"; humiliation committed by or at the (b) Anse out of any request, demand, direction of any "executive officer", order or statutory or regulatory director, stockholder, partner or requirement that any insuredor member of the insured. others test for, monitor, clean up, i Electronic Data remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of damage to corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an "asbestos hazard"; or "electronic data". (c) Arise out of any claim or sult for Employment -Related Practices damages because of testing for, monitoring, cleaning up, removing, "Bodily injury" or "personal and advertising encapsulating con'laining, treating injury" to; detox'1yin,g or neutralizing or in any (1) A person arising out of any: way responding to or assessing the (a) Refusal to employ that person; effects of an "asbestos hazard'% (b) Termination of that person's t. Violation Of Statutes That Govern E- employment; or Mails, Fax, Phone Cells Or Other (c) Employment -related practices, Methods Of Sending Material Or policies, acts or omissions„ such as Information coercion, demotion, evaluation, "Bodily injury", "property damage", or reassignment, discipline, "personal and advertising injury" arising defamation, harassment, humiliation directly or Indirectly out of any action or or discrimination directed at that omission that violates or is alleged to parson; or violate: (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act (TCPA), including any amendment consequence of "bodily Injury" or of or addition to such law; „'personal and advertising injury" to the (2) The CAN-SPAM Act of 2003, including person at whom any of the any amendment of or addition to such employment -related practices law; or described in Paragraphs (a), (b), or (c) (3) Any statute, ordinance or regulation, above is directed. other than the TCPA or CAN-SPAM Act This exclusion applies: of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting" communicating or an employer or in any other capacity; distribution of material or information, and Damage To Premises Rented To You — (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions c. through h. and k. through o. do s. Asbestos not apply to damage by fire, lightning or ro ert damageor (1) Bodily injury""„ '° 'p p y explosion to premises rented to you or tern porarily occupied by you with permission of 1. personal and advertising injury" arising out of the ""asbestos hazard". t owner. A separate Limit of insurance described in (2) Any damages, Judgments,. settlements, applies D. this coverage a Section D. - Liability And tiitedical Expenses Section loss, costs or expenses that: Limits Of Insurance. Form SS 00 06 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers'. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the ""bodily injury" are payable or must be provided under a workers" compensation or disability benefits law or a similar law. e. Athletics Activities To a person Injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products -Completed Operations Hazard Included with the "products -completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 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, that 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. Page 10 of 24 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" (it you are an organization other than a partners -hip, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of theiremployment 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' liabitity company), or to a co -"employed"' while in the course of his or her em,pioyment 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)(2) 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, 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 underthis 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 and of the policy period, whichever is earlier; and Form SS 00 08 04 05 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 reglstralbn law, any person Is an insured while dnving, such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person i also an insured,. but only with respect to 4latillity arising out of the operation of the equipment„ end 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. S. 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. "Properly damage" to ,property owned by, reeled 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 writlen Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM b�e�e� contract,—written—agreement—��uuunan� (��� failure � make such permit issued by a ��e or tests or "spec .~.~. —_._ ion. that, person or subdivis'�t�a mwm�nQ as the vendorhas agreed to make or normally un added an additional insured on-> your ' undertakes t� make in the usual undertakes policy, provided the injury or damage occurs subsequent hothe mxecudonmfthe cmm�� contract of in connection agreement, mrthe issuance ofthe permit. with the distribution orsale oYthe A person or organization is an additional products, (� D—'----bon. installation, insuredin�m� under this provision only for ��rvmon0 or repair operations, of time required by the contract, oxc�p�/uoh�pa--c�r operations performed mQnuumon1urpmnni1 �� �*e vom��r� pma�ioea in However, nosuch person ororganization i»on connection with the sale ofthe additional insured under this provision ifsuch product; person or organization is included as an (g) pn/dude which,after distributionmdd|#ona|inoumdbyanendnmennen1iseund � orsale byyou, h'avebeen be|ud byumandmadeaua»fV`�Come/ege Pam' � or no|abo|ed r used as o including all persons or organizations added onn�inwcpo�oringmdiantufany oo o ���om�| Ammunmdw u���* ��� ���d�� hz other thing or substance by or r additional insured coverage grants inSection the vendor; or F. Optional '— (h) "Bodily injury' or "property a Vendors of the sole Any person(s) or organization(s) (referredto negligence of the vendor for its below as vendor), but only with respect to own acts or omiss,4ns or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your producte' which are distributed acting on its behalf. However, this or sold in the regular course of the vendoes exclusion does riot apply to: umm/neso and only if this Coverage '=^ (11) The exceptions contained in provides coverage for "bodily injury" o/ Subparagraphs (d)or(f);o' ���mm0�� included within the —�---~ ��dmp�r�[mm�h�cen�" p°=�^�-°''`~ Such �ue�n��. [ii) S. inspections, o ���ur�em�n�ou�o�end� (1) The |nammmnuaa�xdodtothe vendor huoaQmodoomokomnonna|� is subject to the following additional undertakes bomake inthe usual exclusions: course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury' or ~property orsale rf the products. damage" for which the vendor is (z) This insurance dons not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability inocontract »'agreement. nrany ingredient, part orcontWmer This exo|ue|wo does not apply to entering into, accompanying or Ueb}|dy for damages that the containing such products. vendor would have inthe absence bkawomvs Of Equipment ' mmthe non�a�orogn,emont (1) Any person or organization from (6) Any express warranty h |equipment;� �o»h unout6ohcwdhyy»u� with (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and mdwmrdmiog injury" bythe vendor, caused, in whole or in part, by your (d) Repackaging, except when mmintnnonco, operation or use of to by such cked solely the purpose ofequipment |nmsod you inspection, demmonatratkon, testing, person nrorganization. or the substitution of parts under inounpUnnofrom the monufactunwr, and then repackaged in the original container; ��ma00 080405 ������4 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 Promises which the state or political subdivision (1) Any person or organization from whom you lease land or premises, but has issued a permit. (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 ury", "property damage" (a) "Bodily injury", 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) "Ellocily injury" or "property damage" included within the "products - place after you cease to, tease that completed operations hazard". land or be a tenant in that 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 in part, by your acts or omissions or (1) Any architect, engineer, or surveyor", but the acts or omissions of those acting only with respect to liability for 'bodily an your behalf: injury", "property damage" or "personal 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 to these additional insureds, the provide such coverage such additional insured; and following additional exclusion applies: This insurance does not apply to (ii) This Coverage Part provides coverage for "bodily injury" or "bodily injury". "property damage" or "prop" damage" included .personal and advertising injury"" 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 insurance does not apply to: failure to prepare or approve, 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 Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition In Section E. — Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a blamed Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 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 shower 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_ 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit 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 "producis-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. Page 14 of 24 The Damage To Premises vented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, whole 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 ofM 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. 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 domandu, notices, summonses or |ogm| papers received inconnection 0 appliesclaimr^Yh���s����Pay under this policy and the endorsements imthe with the claim or^nuif'; single highest |;mui1 of liability of all coverages (3) Authorize us to obtain exondm and applicable bosuch claim mr~muit". However, this otherinformodnn; paragraph does not apply tmthe Medical Expenmm,%, (3) Cooperate with uointhe Investigation, limit set forth, YnParagraph 1ebowe' settlement of the claim or defense The UmitsofInsurance ofthis Coverage Part apply against the ^ouit'; and separately to eachconsecutive annual period and $o (u) Assist uw, upon our request, in the any remaining period of less than 12months, starting enforcement ufany right against any with the beginning m&the policy period shown imThm person or organizationthat may ba DmcJematbns^ umtesm the policy period is extended liable tuthe insured because oyinjury after issuance for amadditional period of less than 12 or damage to which this insurance months. |mthat case, the additional period will ba may also apply. deemed part ofthe last preceding period for purposes d. Obligations N&The |nommod�Own Cost o[d�enn|ninStheUmi�of|noun^»»«. Noinsured will, except atthat inoumd'sown E. LIABILITY AND MEDICAL EXPENSES cost voluntarily make a payment assume GENERALCOND0TlCINS,� any obligation, or incur any expense, other �onfor �mta�.wd�o��ourcnno=n �. Bankruptcy Bankruptcy orinsolvency ofthe insured orof m. Additional Imsured's Other Insurance the inourad'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 hncovered 2' Duties In The Event of Oncurmonom, by other insurance emaNable to an additional insured, such additional imou,ad Offense, Claim OrSuit must submit such claim or "suit" to a. Notice Of Occurrence Or Offense other insurer for defense and indemnity. You orany additional insured must see »o However, this provision does not apply to it that we are notified as o»nn as the wxoun' that you have ognuod in o practicable of an °occann»»e' or on written nontnomu, written oUnoomn»t or offense which may result in o claim. To permit that this insurance is primary and the extent possible, notice should include: nun'nonWhbubnry with the additional (1) How, when and where the ^ucnun*»ce' inourmd'uown insurance. o,offense took place; 1. Knowledge Of An Occurrence, Offensm, �) The names and addresses �m of any ��i m Or Suit �v�\n�m� � and witnesses; Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured omty when such or damage arising out of the "'occurrence, uffemse, claim or ~mwft' is ',00cunence'oroffense- known to: b. Notice Of C|eUnn (1) You or any add|Uona| insured that Is |foclaim ismade ur^auit'iabrought an individual; against any insured, you many additional (2) Any portnnr, if you o, on additional insured must. insured inopartnership; (1) Immediately record the mueqifiosoYthe (3) Any managu,, if you or an additional claim or^aud''and the date received; insured !oalimited liability company; and (Q Any ~emeoohvo officer" or bnaumamow 0y Notify usemsoon onpracticable. manager, -a you or an additional You orany additional insured must see on insured ioacorporation; it that we receive a written notice of the (5) Any trusten, if you or on additional claim or^suit'oosoon onpracticable. insured iumtrust; or c. mmm|stmmce And Cooperation Of The (6) Any elected o,appointed official, ifyou Unomed or an additional Insured is a puNieW You and any other involved insured must: subdivision o,public entity. Page 15 ofo4 Form SS 00080405 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury"" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance is b. With respect to "mobile equipment" to available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underi'nsured motorists, no-fault or other a. Primary Insurance coverage required by any motor vehicle law. We will the required limits for This insurance is primary except when b, provide those coverages. below applies. If other insurance is also primary, we will share with all that other 4. Legal Action Against Us insurance by the method described in C. No person or organization has a right under below. this Coverage Form: b. Excess Insurance a. To join us as a party or otherwise bring us This insurance is excess over any of the into a "suit" asking for damages from an other insurance, whether primary, excess, insured; or contingent or on any other basis: b. To sue us on this Coverage Form unless ( ) Your Work all of its terms have been fully complied with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or similar coverage for "your work'; on an agreed settlement of on a final judgment against an insured, but we will not, be liable for (2) Premises Rented To You damages that are not Payable under the terms of That is fire, lightning or explosion this insurance or that are in excessof the insurance for premises rented to you applicable limit of insurance. An agreed ppl or temporarily occupied by you with settlement means a settlement and release of permission of the owner; liability signed by us, the insured and the (3) Tenant Liability claimant or the claimant's legal representative. That is insurance purchased by you to 5. Separation Of Insureds cover your liability as a tenant for Except with respect to the Limits of Insurance, "property damaga"' to premises rented and any rights or duties specifically assigned' to you or temporarily occupied by you in this policy to the first Named Insured, this with permission of the owner; insurance applies: (4) Aircraft, Auto Or Watercraft a. As if each Named Insured were the only If the loss arises out of the maintenance Named Insured; and or use of aircraft, "autos" or watercraft to b. Separately to each; insured against whom the extent not subject to Exclusion g. of a claim is made or "suit" is brought. Section A. — Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or the use of elevators to the extent not are accurate and complete; subject to Exclusion k. of Section A. — (2) Those statements are based upon Coverages. representations you made to us; and 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 liabitlty for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with ail that other insurance by the method described in c. below_ (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this Insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any"suet if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance, and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or novae of the loss remains, whichever comes first. if any of the rather 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 limit of insurance to the total applicable limits of insurance of all insurers,. a. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part„ those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments" 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 contract, agreement or permit that was executed prior to the injury or damage. 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 amended to include as an additional insured If listed or shown as applicable in the Declarations, the person(s) or organization(s) shown in the one or more of the following Optional Additional ns as an Additional Insured - Declarations Insured Coverages also apply, When any of these Franchise, but only with respect t Grantor Franchise, Optional Additional Insured Coverages apply, their liability grantor of franchise to you. Paragraph +6. (Additional insureds When Required 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 organlzation(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 and! advertising injury" caused, in whole or WHO IS AN INSURED under Section C. is in part, by your maintenance, operation or amended to include as an additional insured use of equipment leased to you by such meatorgaleased t. the person(s) or organization(s) shown in the person(s) or Declaratiions, but only with respect to liability 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 Interests From Whom Land Has Been operations; or Leased b. In connection with your premises owned a. WHO IS AN INSURED under Section C. is by or rented to you. amended to include as an additional 2. Additional Insured -Managers Or Lessors 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($) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Parson 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 prey ises 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 (1) Any 'occurrence" that takes place additional exclusions apply: after you cease to lease that land; or This insurance does not apply to: (2) Structural alterations, new (1) Any 'occurrence" which takes place construction or demolition operations after you cease to be a tenant in that 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 a. WHO IS AN INSURED under Section C. is person or organization. amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page IS of 24 Form SS 00 013 04 05 Insured - State Or Political Subdivision - Permits, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. la. With respecl to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) `"toddy injury", "property damage' or 1%personat and advertising injury" arising out of operations performed for the state or municipality; or (2) Bodily injury" or "property damage" Included in the "product -completed operations" hazard. 7- Additional Insured -Vendors a. WHO IS AN INSURED under Section C, is amended to include as an additional Insured the per5on(s) or organization(s) (referred to below as vendor) shown in the Declarallons as an Additional insured - Vendor, but only with respect to "bodily injury" or "property damage" arising out of "your products"' which are distributed or sold in the regular course of the vendors business and only if this Coverage Part provides coverage for "bodily injury" or .property damage" included within the "products -completed operations hazard". b. The insurance afforded to the vendor is subject to the following additional exclusions: (1) This insurance does not apply to: (a) "Bodily injury' or "property damage" for which the vendor is obligated to pay damages by reason of the assumption Of liability in a contract or agreement. This exclusion does, not apply to liability for darnages that the vendor would have in the absence of the 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. unless 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, Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM le) Any failure to make such ir.spec,tions, adjustments, tests or servicing as the vendor he, agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations, performed at the vendor's premises in connection with the sale of the prod uct; (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 or substance by or for the vendor; or (h) "Bodily injury"`' of "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 does not apply to, (i) The exceptions contained in Subparagraphs (d) or (f), or (11) Such; inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course Of business, in connection with the distribution or sale of the products. (2) This Insurance does not apply to any insured person or Organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. B. Additional Insured - Controlling Interest WHO IS AN INSURED under Section C. is amended to include as an additional insured the persons) or organization(s) shown in the Declarations as an Additional Insured - Controlling Interest, but only with respect to their liability arising out of: a. Their financial control of you; or b. Promises they own, maintain or control while you lease or occupy these premises. 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 haze rd". 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 Organizations) 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 35 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 subject to the Damage To Premises offenses that take place through the 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 "SUR" 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 (including an indemnification of a. applications software, hard or floppy disks, drives., cells, data municipality In connection with work. CD-ROMS, tapes, devices or any other media which performed for a municipality) under which processing are used with electronically controllers you assume the tort liability of another party to pay for "bodily injury" or "property equipment. damage'" to a third person or organisation, 8. "Employee" includes a "leased worker". provided the "bodily injury" or "property "Employee" does not include a 'temporary damage" iscaused, in whole or in part,by worker". you or by those acting on your behalf. 9. "Executive officer" means a person holding Tout 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, "your demolition operations within 50 feet of any railroad property and affecting any railroad rather than "your product"1 or work", that bridge or trestle, tracks, road -beds, tunnel, cannot be used or is less useful because: underpass or crossing. a. It incorporates "your product" or "your work." 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 Interinsurance Exchange of the Automobile Club Automobile Insurance Policy Coverages and Limits Renewal Declarations We are pleased to offer you a renewal for your automobile insurance policy. To renew your policy, send at least the minimum payment on or before the due date. Insurance is in effect only for the vehicles, coverages, and limits of liability shown on this declarations page and as set forth in the insurance policy and endorsements. These declarations, together with the contract and the endorsements in effect, complete your policy. If any change to your policy or to the information we have on file results in a premium decrease during the policy period, the Interinsurance Exchange reserves the right to apply any refund due to your outstanding balance. NAMED INSURED (item 1.) KHATRI, NABEE'L. ORANGE CA 2$ 7-22'4 VEHICLES AUTO POLICY NUMBER: CAA 093548917 POLICY PERIOD (PACIFIC STANDARD TIME) POLICY EFFECTIVE DATE: 11-13-22 12:01 AM. POLICY EXPIRATION DATE: 11-13-23 12:01 A.M. VEH. IDENTIFICATION VEHICLE GARAGE ANNUAL" VERIFIED SALVAGE NO YEAR MAKE MODEL NUMBER USE ZIP CODE MILES MILEAGE 1 2007 TYTA PRIUS HYBRID COMMUTE 92867 7,501 - 10,000 VERIFIED NO COVERAGES AND LIMITS ANNUAL PREMIUMS Coverage is not in effect unless a premium or the word "included" Is shown. COVERAGES LIMITS OF LIABILITY Vehicle 1 Vehicle Vehicle Vehicle Vehicle Liability ; s Bodily Injury $100,000 each person/ $300,000 each occurrence $ 260 ro a r a u PropertyDarnage $100.000 each occurrence $ 210 ; Medical Excess Medical Payments $2,000 each person $15 ^ Physical Damage (Actual Cash Value unless otherwise stated, less deductible) a Vehicle 1 Vehicle Vehicle Vehicle Vehicle p a t tl d No Coverage Comprehensive No Coverage (Less Deductible) No Coverage Collision No Coverage + No Coverage; (Less Deductible) No Coverage Car Rental Expense 1 tl No Coverage: u (Per Day) No Cow, age Uninsured Motorist I I Bodily Injury- $50,000 each person/ $100,000 each accident $ 94 " I t I 9 Uninsured & Underinsured Vehicles a Uninsured Deductible Waiver No Coverage: Uninsured Collision " d $12 Total Premium - $ 591 PREMIUM DISCOUNTS Please refer to the enclosed document entitled "Premium Discounts Applied to Your Automobile Policy." * If at any time you choose to pay less than the full balance outstanding, finance charges of up to 1.5% per month of the balance outstanding will apply as explained in your billing statements, which are part of these declarations. ** To see the annual mileage for your expiring policy, please refer to the "Notice of Annual Mileage" page contained in your renewal package. E f,J PROCESS DATE 10-04-22 PLEASE ATTACH TO YOUR POLICY 1OD522 "No Coverage" indicates coverage not purchased. Total Annual Premium* $ 591 (Includes all applicable discounts.) Less Policyholder Savings Dividend $ 49 Net Premium* $ 542 (SEE REVERSE) 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. 1 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 El Segundo. Policy No. U 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 El Segundo is executed_ My workers' compensation insurance carrier and policy number are_ Carrier Policy Number Expiration Date Name of Agent Phone # (J I certify that, in the performance of the work set forth in the agreement with the City of El Segundo, I will not employ any person in arty 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. Slgnature of Applicant Date 04/2712020 Agreement for: NMK Corporation . Agreement No. 5902 Dated: 4/28/20 Reviewed by:Joseph LIII10