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PROOF OF INSURANCE (2012) CLOSEDACORD. CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONF'E'RS 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 AD,DI'TIONAL INSURED, the policy'(fes) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In Ueu of such endorsement(s),
PRODUCER TA
I NAME:
Chesapeake Insurance Services HONE $18.898, 43 jF_
AIC, No fix : tqd . ppa
CA License: 0799383 �MA°i`
DDRCS'
15501 5 F Mission Blvd., #300 PROt�eR SU
Mission Hills, CA 91345 -1359 INSURER(S) AFFORDING COVERAGE
INSURED _ INSURERA: Continenta Casmalt anCe Co,
l Casua
Nexus IS, Inc. INSURERS: Continental '
.
27202 West Turnberry Lane INSURER C: Continental Casualty Co.
Valencia, CA 91355 INSURER D: American Casualty Co. of 8e
Fax: 661,373.5976
INSURER l;: Continental Casualty Co.--
DATE (MMIDDIYYYY)
03/28/2011
818,898,1643
NA IC 4
20443
35_289
20443
20427
20443
INSURER F
COVERAGES CERTIFICATE NUMBER: 11/12 (M) REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS„
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NPn ADDL SDeR
LTR TYPE OF INSURANCE INSR WrrD POLICYNUMBER
POLICY aI PDDDT I is
MM6D'DrYYYY, OWtMNDD1'YYYk'
�.
LIMITS
GENERAL LIABILITY 40263218$8
01!09!2011 01/09/2012
OCCURRENCE
$ 1.000.000,
X COMMERCIAL GENERAL LIABILITY
r� E r o IU�N
�BEt(E_
100 1 00 a
CLAIMS -MADE X OCCUR
MED EXP (Any one person)
$ 5, 000
A
PERSONAL 9 ADV INJURY
$ 11000,000
GENERAL AGGREGATE
S 2,000,000,
GENT AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGO
S 2 000, 000
POLICY X C LOC
S
AUTOMOBILE
LIABILITY 402632191
01/09/2011 01109/2012
COMBINED SINGLE LIMIT
$
X
(Es accident)
1,000,000'
ANY AUTO
BODILY INJURY (Per person)
$
ALL OWNED AUTOS
0
BODILY INJURY (Per accident)
$
SCHEDULED AUTOS
PROPERTY DAMAGE
X
HIRED AUTOS
(Per accident)
$
X
NON -OWNED AUTOS
$
S
UMBRELLA LIAR X OCCUR 40243280,2,1
10912011 01/09/2012
EACH OCCURRENCE
S 9, 000,-9,00
EXCESS LIAB CLAIMS -MADE
_
AGGREGATE �''
$ 9, 000-, aa
DEDUCTIBLE
$
RETENTION S
$
402632192
LIABILIITY
02!12!2011 02112!2012
OTH
AND EMPWORKER
YIN
T Y LT tlX
ANY PROPRI f'ORrPARTNER/E'XFCUT'IV'E
E,L. EACH ACCIDENT
$ 1 000,- 000',
OPFICERIMEMBER EXCLUDED? NIA
-
-
(Mandatory in NH)
E.L. DISEASE - EA EMPLOYEE
$ 1 00000
If yas, describe under
DArdRIP ION OF OPERATIQNS below
E.L. DISEASE - POLICY LIMIT
S 1,000,000
Professional Liability 425293592'01!09!2011
01!09212
Aggregate Limit = $2,000,000
aSCRIP I ION OF UPbKAIIUNS 1 LOCATIONS I VEHICLES (Attnch ACDRD 101, Addltlonal Remarks Schedule, Ir mare space Is required)
ty of E1 Segundo, its officers, officials, employees, agents and volunteers are listed as
Iditional insured.
Ie attached for AI status,
ERTIFICATE HOLDER &__� CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE'W,ITH THE POLICY PROVISIONS,
City of El Segundo"""
attn: City Clerk
350 Main Street
E1,Seaundo. CA 90245 -0989
'`"'" ©1'9'88 0 ,9 ACORD
3ORD 25 (2009109) The ACORD name and logo are registered marks 3 CORD
reserved.
CNAInsured: Nexus IS,
Policy #: 40263218
G- 144294 -C99
(Ed. 12/06)
THIS ENDORSEMENT CHANGES OLICY, PLEASE READ iT CAREFULLY.
TECHNOLOGY GENERAL LIABILITY EX'T'ENSION ENDORSEMENT
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Coverage afforded under this exienslon of coverage endorsement does not apply to any person or organization
covered as an additional insured on any other endorsement now or hereafter attached to this Coverage part.
1. ADDITIONAL INSURED — BLANKET VENDORS or used as a container, part or
WHO IS AN INSURED (section 11) Is amended to ingredient of any other thing or
substance by or for the vendor, or
Include as an additional Insured any person or
organ €zadon (referred to below as vendor) with
%vhom you agreed, because of a written contract or
agreement to provide insurance, 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 vendor's
business, subject to the following additional
exclusions:
1. The Insurance afforded the vendor 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 Ilabillty in a contract or agreement.
This exclusion does not apply to liability
for damages 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, except when unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under Instructions
from the manufacturer, and then
repackaged in the original container;
e. Any failure to make such Inspections,
adjustments, tests or servicing as the
vendor has agreed to malce 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 product;
g. Products which, after distribution or sale
by you, have been labeled or relabeled
G- 1442x4 -C99
(Ed. 12J06)
h. "Bodily Injury" or "property damage"
arising out of the sole negligence of the
vendor for Its own acts or omissions or
those of Its employees or anyone else
acting on Its behalf. However, this
exclusion does not apply to:
(1) The exceptions contained in
Subparagraphs d. or f.; or
(2) Such inspections, adjustments,
tests or servicing as the vendor has
agreed to make or normally
undertakes to maize 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,
3. This provision 1. does not apply to any
vendor Included as an insured by an
endorsement issued by us and made a part
of this Coverage Part.
4. This provision 1. does not apply If "bodily
injury" or "property damage" included within
the "products - completed operations hazard"
is excluded either by the provisions of the
Coverage Part or by endorsement.
2. MISCELLANEOUS ADDITIONAL INSUREDS
WHO iS AN INSURED (Section 11) Is amended to
Include as an insured any person or organization
(called additional Insured) described in paragraphs
2.a, through 2.11. below whom you are required to
add as an additional insured on this policy under a
written contract or agreement but the written
contractor agreement must be:
1. Currently in effect or becoming effective
during the term of this policy; and
2. Executed prior to the "bodily Injury,"
"property damage" or "personal injury and
CMA
G- 114294 -C99
(Ed. 12106)
advertising Injury," but only the following
() This Insurance applies only with
persons or organizations are additional
respect to the fotlowing hazards for
Insureds under this endorsement and
which the state or political
coverage provided to such additional
subdivislon tees Issued a permit in
Insureds Is limited as provided herein:
connection with premises you own,
a. Addltlonal Insured —"Your Work"
rent, or control and to which this
Insurance applies;
That person or organization for whom
you do work is an additional insured
(a) The existence, maintenance,
solely for liability due to your negligence
repair, construction, erection, or
specifically resulting from "your work"
removal of advertising signs,
awnings, canopies, cellar
for the additional Insured which is the
subject of the. written contract or written
entrances, coal holes,
agreement. No coverage applies to
driveways, manholes,
marquees, ha[staway openings,
liability resulting from the sole
negligence of the additional Insured,
sidewalk vaults, street banners,
or decorations and similar
The Insurance provided to the additional
exposures; or
Insured is limited as follows:
(b) The construction, erection, or
(1) The Limits of Insurance applicable
removal of elevators; or
to the additional insured are those
specified In the written contract or
(2) This insurance applies only with
written agreement or in the
respect to operations performed by
you or on your behalf for which the
Declarations of this policy,
whichever Is less, These Limits of
state or political subdivision has
Insurance are inclusive of, and not
issued a permit.
In addition to, the Limits of
This Insurance does not apply to "bodily
Insurance shown In the
Injury," "property damage" or "personal
Declarations,
and advertising Injury" arising out of
(2) The coverage provided to the
operations performed for the state or
munlclpality.
additional insured by this
paragraph. 2.a,, does not apply to
c, Controlling Interest
"bodily. Injury" or "property damage"
arising out of the "products-
Any persons or organizations with a
completed operations hazard
controlling interest in you but only with
respect to their liability arising out of:
unless;
(a) It is required by the written
(1) Their financial control of you; or
contract or written agreement;
(2) Premises they own, maintain or
and
control while you lease or occupy
(b) "Bodily injury" or "property
these premises,
damage" included within the
This insurance does not apply to
"products - completed operations
structural alterations, new construction
hazard" is not excluded either
and demolition operations performed by
by the provisions of the
or for such additional Insured.
Coverage Part or by
endorsement
d. Managers or Lessors of Premises
(3) The Insurance provided to the
A manager or lessor of premises but
only with respect to liability arising out of
additional Insured does not apply to
„bodily injury," "property damage,"
tile ownership, maintenance or use of
or "personal and advertising injury"
that specific part of the promises leased
arising out of the rendering or
to you and subject to the following
additional exclusions:
failure to render any professlonal
services.
This insurance does not apply to:
b. State or Political Subdivisions
(1) Any "occurrence" which takes place
A state or political subdivision subject to
after you cease to be a tenant in
the following provisions:
that premises; or
G- 141294 -1399
(Ed. 12106)
(2) Structural alterations, new
construction or demolition
opeMtlans performed by or on
behalf of such additional insured.
a. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver but
only with respect to their liability as
mortgagee, assignee, or receiver and
arising out of the ownership,
maintenance, or use of a premises by
You.
This insurance does not apply to
structural alterations, new construction
or demolition operations performed by
or for such additional Insured.
f, Owners /Other Interests -- Land is
Leased
An owner or other interest from whom
land has been leased by you but only
with respect to liability arising out of the
ownership, maintenance or use of that
specific part of the land leased to you
and subject to the following additional
exclusions:
This insurance does not apply to:
(1) Any "occurrence" which tapes place
after you cease to lease that land;
or
(2) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such additional insured,
g. Co -owner of insured Premises
A co -owner of a premises co -owned by
you and covered under this Insurance
but only with respect to the co- owners
liability as co -owner of such premises.
h. Lessor of Equipment
Any person or organization from whom
you lease equipment Such person or
organization are insureds only with
respect to their liability arising out of the
maintenance, operation or use by you
of equipment leased to you by such
person or organization. A person's or
organization's status as an insured
under this endorsement ands when
their written contract or agreement with
you for such leased equipment ends.
With respect to the Insurance afforded
these additional insureds, the following
additional exclusions apply:
G-144294•C99
(Ed. 12106)
G -1 X14294 -Cgg
(Ed. 12/06)
This Insurance does not apply:
(1) To any "occurrence" which takes
place after the equipment lease
expires; or
(2) To "bodily injury, " "property
damage, " or "personal and
advertising injury':' arising out of ti'l
sate negligence of such additional
Insured.
Any Insurance provided to an additional insured
designated under paragraphs b. through h.
above does not apply to "bodily Injury" or
"'property damage" Included within the
"products-completed operations hazard."
As respects the coverage provided under this
endorsement, Paragraph 4.b. SECTION IV —
COMMERCiAL GENERAL LIABILITY
CONDITIONS Is deleted and replaced with the
following:
4. Other Insurance
b. Excess Insurance
This Insurance is excess over.
Any other Insurance naming the
additional Insured as an Insured
whether primary, excess, contingent or
on any other basis unless a written
contract or agreement specifically
requires that this insurance be either
primary or primary and noncontributing.
Where required by written contract or
agreement, we will consider any other
insurance maintained by the additional
insured for injury or damage covered by
this endorsement to be excess and
noncontributing with this Insurance.
3. NEWLY FORMED OR ACQUIRED
ORGANIZATIONS
Paragraph 3,a. of Section 11— Who is An Insured
Is deleted and replaced by the following:
Coverage under this provision is afforded only until
the end of the policy period or the next anniversary
of this policy's effective date after you acquire or
form the organization, whichever is earlier.
4. JOIN' VENTURES / PARTNERSHIP / LIMITED
LIABILITY COMPANY COVERAGE
A. The following is added to Section It — Who Is
An Insured;
4. You are an insured when you had an
interest in a Joint venture, partnership or
limited liability company which terminated or
ended prior to or during this policy period
but only to the extent of your Interest in such
Insured; Nexus IS, Inc. G- 144294 -Cgg
CNAPolicy #: 4026321888 (Ed. 12!06)
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
TECHNOLOGY GENERAL LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Coverage afforded under this extension of coverage endorsement does not apply to any person or organization
covered as an additional Insured on any other endorsement now or hereafter attached to this Coverage Part.
1. ADDITIONAL INSURED —BLANKET VENDORS or used as a container, pail. ui
ingredient of any other thing or
WHO IS AN INSURED (Section 11) is amended to substance by or for the vendor; or
Include as an additional Insured any person or
organization (reterred to below as vendor) with
whom you agreed, because of a written contract or
agreement to provide insurance, but only with
respect to "bodily Injury " or "property damage "
arising out of "your products " which are distributer)
or sold In the regular course of the vendor's
business, subject to the following additional
exclusions;
1. The Insurance afforded the vendor does not
apply to:
a. "Bodily Injury" or "properly damage" for
which the vendor Is obligated to pay
damages by reason of the assumption
of Ilabllity in a contract or agreement.
Tide ekc uslon does not apply to liability
for damages 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, except when unpacked
solely for the purpose of Inspection,
demonstration, testing, or the
substitution of parts under instructions
from the manufacturer, and then
repackaged in the original container;
e. Any failure to snake such Inspections,
adj'ustrnents, tests or servicino 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;
f. Demonstration, installation, servicing or
repafr operations, except such
operations performwd at the vendor's
premises in connection with the sale of
the product;
g, Products which, after distribution or sale
by you, have been labeled or relabeled
h. "Bodily injury' or "property damage"
arising out of the sole negligence of the
vendor for its own acts or omissions or
those of Its employees or anyone else
acting on Its behalf. However, this
exclusion does not apply to;
(1) The exceptions contained in
Subparagraphs d. or f.; or
(2) Such inspections, adjustments,
tests or servicing as the vendor has
agreed to make or nnrmally
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 contalnIng such products,
3. This provision 1. does not apply to any
vendor Included as an insured by an
endorsement issued by us and made a part
of this Coverage Part.
4. This provision 1. does not apply If "bodily
injury" or "property damage " included within
the "products - completed operations hazard"
is excluded either by the ,provisions of the
Coverage Part or by endorsement.
2. MISCELLANEOUS ADDITIONAL INSUREDS
WHO IS AN INSURED (S ctlon I1) is amended to
Include as an Insured any person or organization
(called additional Insured) described in paragraphs
2.a. through 2.1r. below whom you are required to
add as an additional Insured orM this policy under a
written contract or agreement but the written
contract or agreement must be:
1. Currently in affect or becoming effective
during the term of this policy; and
2. Executed prior to the "bodily Injury,"
"property damage" or "persnnal injury and
G- 144294 -099
(Ed. 12!06)
City of El Segundo, its officers, officials, employees, agents and volunteers
PDF created with IJdfFactory trial version www.r)dffactorv.com
G- 144294 -C99
CNA(Ed. 12106)
advertising injury," but only the following
(1) This insurance applies only with
persons or organizations are additional
respect to the following hazards for
Insureds under this endorsement and
which the state or political
coverage provided to such additional
subdivision has issued a permit in
insureds is limited as provided herein;
connection with premises you own,
a. Additional Insured — "Your Work"
rent, or control and to which this
insurance applies:
That person or organization for whom
(a) The existence, maintenance,
you do work is an additional insured
repair, construction, erection, or
solely for liability due to your negligence
removal of advertising signs,
specifically resulting from "your work"
awnings, canopies, cellar
for the additional Insured which is the
entrances, coal holes,
subject of the written contract or written
driveways, manholes,
agreement. No coverage applies to
marquees, holstaway openings,
liability resulting from the sole
sidewalk vaults, street banners,
negligence of the additional Insured,
or decorations and similar
The Insurance provided to the additional
exposures; or
Insured is limited as follows;
(b) The construction, erection, or
(1) The Limits of Insurance applicable
removal of elevators; or
to the additional insured are those
(2) This Insurance applies only with
specified in the written contract or
respect to operations performed by
written agreement or In the
you or on your behalf for which the
Declarations of this policy,
state or political subdivision has
whichever is less, These Limits nf
Issued a permit.
Insurance are inclusive of, and not
in addition to, the Limits of
This insurance does not apply to "bodily
Insurance shown in the
injury," "property damage" or "personal
Declarations.
and advertising injury" arising out of
operations performed for the state or
(2) The coverage provided to the
munlcfpallty.
additional insured by this
paragraph. 2.a., does not apply to
c. Controlling Interest
"bodily Injury" or "property damage"
"products-
Any persons or organizations with a
arising out of the
completed operations hazard
controlling interest In you but only with
unless:
respect to their liability arlsing out of
(a) it is required by the written
(1) Their financial control of you; or
contract or written agreement;
(2) Premises they own, maintain or
and
control while you lease or occupy
(b) "Bodily injury" or "property
these premises,
damage" Included within the
This Insurance does not apply to
"products- completed operations
structure] alterations, new construction
hazard" is not excluded either
and demolition operations performed by
by the provisions of the
or for such additional insured.
Coverage Part or by
d. Managers or Lessors of Premises
endorsement.
(3) The insurance provided to the
A manager or lessor of premises but
only with respect to Iiability arising out or
additional Insured does not apply to
the ownership, maintenance or, use of
"bodily Injury," "property damage,"
or "personal and advertising injury"
that specific park of the premises leased
arising out of the rendering or
to you and subject to the following
failure to render any professional
additional exclusions:
services.
This insurance does nut apply to:
b. State or Political Subdivisions
(1) Any "occurrence" which takes place
A state or political subdivision subject to
after you cease to be a tenant in
the following provisions:
that premises; or
G- 144294 -C99
(Ed. 12106)
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G- 144294 -C99
(Ed. 12106)
(2) Structural alterations, new This insurance does not apply:
construction or demolition (1) To any "occurrence" which takes
operations performed by or or
behalf of such additional insured. place after the equipment lease
expires; or
e. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver but
only with respect to their liability as
mortgagee, assignee, or receiver and
arising out of the ownership,
maintenance, or use of a premises by
you.
This Insurance does not apply to
structural alterations, now construction
or demolition operations performed by
or for such additional Insured.
f. Owners /Other Interests -- Land Is
Leased
An owner or other Interest from whom
land has been leased by you but only
with respect to liability arising out of the
ownership, maintenance or use of that
specific part of the land leased to you
and subject to the following additional
exclusions:
This insurance does not apply to;
(1) Any "occurrence" which takes place
after you cease to lease that land;
or
(2) Structural alteratlons, new
construction or demolition
operations performed by or on
behalf of such additional insured.
g. Co -owner of Insured Premises
A co -owner of a premises cc -owned by
you and covered under this Insurance
but only with respect to the co- owners
liability as co -owner of such premises.
h. Lessor of Equipment
Any person or organization from whom
you lease equipment Such person or
organization are insureds only with
respect to their liability arising out of the
maintenance, operation or use by you
of equipment Ceased to you by such
pprsnn or organisation, A ,person's or
organization's status as an Insured
under this endorsement ends when
thelr written contract or agreement with
you for such leased equipment ends,
With respect to the Insurance afforded
these additional insureds, the following
additional exclusions apply:
G- 144294 -C99
(Ed. -12J06)
(2) To "bodily injury," "property
damage," or "personal and
advertising injury" arising out of the
sole negligence of such additional
insured.
Any insurance provided to an additional insured
designated under paragraphs b. through h.
above does not apply to "bodily injury" or
"property damage" included within the
"products-completed operations hazard."
As respects the coverage provided under this
endorsement, Paragraph 4.15. SECTION IV —
COMMERCiAL GENERAL LIABILITY
CONDITIONS Is deleted and replaced with the
following;
4. Other Insurance
b, Excess Insurance
This insurance is excess over:
Any other Insurance naming the
additional insured as an insured
whether primary, exceee, contingent or
on any other basis unless a written
contract or agreement specifically
requires that this insurance be either
primary or primary and noncontributing.
Where required by written contract or
agreement we will consider any other
insurance maintained by the additional
insured for injury or damage covered by
this endorsement to be excess and
noncontributing with this insurance.
3. NEWLY FORMED OR ACQUIRED
ORGANIZATIONS
Paragraph 3.a. of Section Ii — Who Is An Insured
is deleted and replaced by the following:
Coverage under this provision is afforded only until
the and of the policy period or the next anniversary
of this policy's effective dale after you acquire or
form the organization, whichever is earlier.
4. JOINT VENTURES / PARTNERSHIP / LIMITED
LIABILITY COMPANY COVERAGE
A. The following is added to Section iI — Who Is
An Insured:
4. You are an insured when you had an
interest in a. joint venture, partnership or
limited liability company which terminated or
ended prior to or during this policy period
but only to the extent of your interest in such
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