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HomeMy WebLinkAboutInsurance Certificate: Matrix Consulting Group, Ltd MATRICON2 ACORO® DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 8/1/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NCONTACT AME: Samuel Vazquez 855-491-0974 PHONE - - FAx - - _(A/C, No,_Ext):-602-666-4833 _ (A/C, No): 610-537-2283 USI Insurance Services National, Inc. E-MAIL Samuel.Vazquez@usi.com ADDRESS, 8331 Norman Center Dr, Ste 500 INSURER(S) AFFORDING COVERAGE NAIC 4 Bloomington, MN, 55437 INSURERA: Sentinel Insurance Co. Ltd 11 000 INSURED _INSURER B : _ Sentinel Insurance Company Ltd. 11000 Matrix Consulting Group, Ltd INSURER C : Twin City Fire Insurance Company 29459 201 San Antonio Cir Suite 148 INSURER D: Philadelphia Insurance Company 23850 _ INSURER E : Mountain View, CA 94040-1254 INSURER F COVERAGES CERTIFICATE NUMBER: 13334213 REVISION NUMBER: See below 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, 1 HE 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, _ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE IN SD WVD 'POLICY NUMBER MMIDD/VYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 2,000,000 A X X 59SBAR00849 8/8/2018 8/8/2019 _ I CLAIMS-MADE X, OCCUR ! DAMAGE TO RENTED $ 1,000,000 _J PREMISES,LEa occurrence) MED EXP (Any one person) S 10,000 PERSONAL & ADV INJURY SS 2,000,000 GENT. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 4,000,000 POLICY D PRO- I LOC PRODUCTS -COMP/OP AGG S 4,000,000 JECT OTHER S COMBINED SINGLE LIMIT A 'AUTOMOBILE LIABILITY X X 59SBAR00849 8/8/2018 8/8/2019 ~(Ea accidenll S 2,000,000 ANY AUTO ~i I BODILY INJURY (Per person)- I $ OWNED SCHEDULED - - - _ AUTOS ONLY AUTOS BODILY INJURY (Per accident) S '.`x ' HIRED x NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTCS ONLY Per accideN _ S B UMBRELLA LIAB II, x~ OCCUR I 59SBAR00849 8/8/2018 8/8/2019 EACH OCCURRENCE S $1,000,000 ~ EXCESS LIAB CLAIMS-MADE AGGREGATE 5 $1,000,000 DED I RETENTION $ 5 C WORKERS COMPENSATION X 59SBAR00849 8/8/2018 8/8/2019 X IPER STATUTE EERH AND EMPLOYERS' LIABILITY Y / N 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L. EACH ACCIDENT S OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E_I DISEASE - EA EMPLOYEE S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT I, S 1,000,000 C li Prof Liability 59PGO297372 0810812018 08/08/2019 $1,ooo,ooo/$3,ooo,ooo I I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) SS0008-0405 SS0008 0405, Ashland OR 97520 is listed as additional insured as it relates to general & auto liability 8r waiver of subrogation is granted as it relates to general and auto liability and workers comp in accordance with the terms and conditions of the policies. Umbrella follows form as it relates to additional insureds. The above coverage is primary and noncontributory where required by written contract. CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 East Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) IIII I I I I II I III III II 111~ III 11111111111 II 1111 cveozao vooozz3rayzvarororo• Client Code: MATRICON2 SID: 13334213 Certificate of Insurance (Con't) OTHER Coverage INSR TYPE OF INSURANCE ADDL WVD POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMIT LTR INSR SUBR (MM/DDIYY) (MM/DD/YY) D Employment Practices PHSD1363101 7/15/2018 7/15/2019 $1,000,00031,000,000 l i I r C 1 Certificate of Insurance-Can't 1111~ I El I 1111111111 I IE~ VIIIII 1 III IIIIIIIIIIII rYBUS01/000223/03/29/0/0/010' POLICY #41 SBAR00849 I BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 O 2005, The Hartford it III 1111 II IE iiiii l11 ill I 111111 III ll 1 11~1~ 1CYBc~2601,~~~223/04/29/0/010/0• i QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning ort Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 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 5. Separation Of Insureds 16 6_ Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 II II I I II II II II I III I II II II II IIII II II I I I III II III III) II -CVB02B01/00022310512910/010/0' 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 (a) The "bodily injury" or "property 1. BUSINESS LIABILITY COVERAGE (BODILY damage" is caused by an INJURY, PROPERTY DAMAGE, PERSONAL "occurrence' that takes place in the AND ADVERTISING INJURY) "coverage territory"; Insuring Agreement (b) The "bodily injury" or "property damage" occurs during the policy a. We will pay those sums that the insured period, and becomes legally obligated to pay as damages because of "bodily injury", (c) Prier to the policy period, no insured listed under Paragraph 1. of Section "property damage" or "personal and C. - Who Is An Insured and no advertising injury" to which this insurance employee" authorized by you to give applies. We will have the right and duty to or receive notice of an "occurrence" defend the insured against any "suit" seeking damages. However, we will or claim. knew that the "bodily injury" g or "property damage" had occurred, have no duty to defend the insured against in whole or in part. If such a listed any "suit" seeking damages for "bodily insured or' authorized "employee" injury". "property damage" or "personal and advertising injury" to which this insurance knew, prior to the policy pehod, that the "bodily injury" or "property does not apply. damage" occurred, then any We may. at our discretion, investigate any continuation, change or resumption "occurrence' or offense and settle any claim of such "bodily injury" or "property or "suit" that may result. But damage" during or after the policy (1) The amount we will pay for damages is period will be deemed to have been limited as described in Section D. - known prior to the policy period Liability And Medical Expenses Limits (2) To "personal and advertising injury" Of Insurance; and caused by an offense arising out of your (2) Our right and duty to defend ends when business, but only if the offense was we have used up the applicable fir-nit of committed in the "coverage territory" insurance in the payment of judgments. during the policy period. settlements or medical expenses to which c. "Bodily injury" or "property damage" will be this insurance applies deemed to have been known to have No other obligation or liability to pay sut»s or occurred at the earliest time when any perform acts or services is covered unless insured listed under Paragraph 1. of Section explicitly provided for under Coverage C. Who Is An Insured or any "employee" Extension - Supplementary Payments. authorized by you to give or receive notice b. This insurance applies: of an "occurrence" or claim: (1) To "bodily injury" and "property (1) Reports all, or any part, of the "bodily damage" only if. injury" or "property damage- to us or any other insurer; Form SS 00 08 04 05 Page 1 of 24 O 2005. The Hartford III I•cve02so11000223/061291010!0i0• BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the '.bodily fault. These payments 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 injury" or "property damage" has (1) First aid administered at the tirne of an occurred or has begun to occur, accident; d. Damages because of "bodily injury„ include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss 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 medical technician or paramedic shall "suit" investigate or settle, or any "`suit„ against t a an insured we defend: be deemed to be caused by an "occurrence but only if`. (1) All expenses we incur (a) The physician, dentist, nurse. (2) tap to $1.000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services, and any vehicle to which Business Liability 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 such services. (3) The cost of appeal bonds or bonds to (2) For the purpose of determining the release attachments, but only for bond limits of insurance for incidental medical amounts within the applicable limit of malpractice, any act or omission insurance. We do not have to furnish together with all related acts or, these bonds. omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the considered one "occurrence" investigation or defense of the claim or 2. MEDICAL EXPENSES "suit". including actual loss of earnings up to $500 a clay 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) On ways next to premises you own or we pay. If we make an offer to pay the rent: or applicable limit of insurance, we will not (3) Because of your operations, pay any prejudgment interest based on provided that that period of tirne after the offer. (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. Page 2 of 24 Form SS 00 08 04 05 11I IE 1III 1'CIM .110.22.112s,o,oM' BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees incurred by us in the named as a party to the "suit", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred (1) The "suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1.b_(b) of Section B. - that is an "insured contract", Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured, injury" and "property damage" and will (3) The obligation to defend, or the cost of not reduce the Limits of Insurance the defense of. that indemnitee, has Our obligation to defend an insured*,-, also been assumed by the insured in indemnitee and to pay for attorneys' fees the same "insured contract": and necessary litigation expenses as (4) The allegations in the "suit" and the Supplementary Payments ends whew: information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of insurance in the payment Of appears to exist between the interests judgments or settlements. or of the insured and the interest of the (2) The conditions set forth above. or the indemnitee: terms of the agreement described in (5) The indemnitee and the insured ask Paragraph above, are no longer met us to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit" 1. Applicable To Business Liability Coverage and agree that we can assign the same counsel to defend the insured This insurance does not apply to and the indemnitee: and a. Expected Or Intended Injury (6) The indemnitee: (1) "Bodily injury" or "property damage-" (a) Agrees in writing to. expected or intended from the (i) Cooperate with us in the standpoint of the insured. This investigation, settlement or exclusion does not apply to "bodily injury" or "property damage" resulting defense of the "suit from the use of reasonable force to (ii) Immediately send us copies of protect persons or property: or any demands, notices, (2) "Personal and advertising injury" arising sumn-ionses or legal papers received in connection with dirt ti an offense committer! by, at the the "suit": direction of or with the consent or acquiescence of the insured with the (iii) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury" indemnitee: and b. Contractual Liability (iv) Cooperate with us with respect to coordinating other (11) Bodily injury" or "property damage or applicable insurance available (2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to- liability in a contract or agreement. (i) Obtain records and other This exclusion does not apply to liability information related to the for damages because of suit"; and (a) "Bodily injury", "property damage" or (ii) Conduct and control the "personal and advertising injury" thot defense of the indemnitee in the insured would have in the such "suit", absence of the contract or agreement or Form SS 00 08 04 05 Page 3 of 24 III III I III II II II I III I I III I I III II VIII III I VIII II I II I I IIII 'C1802B01100022.8129/0/01010' BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or "property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business, or, that is an "insured contract'", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a property damage" occurs consequence of (1) above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in (1) Whether the insured may be liable as an "insured contract'". reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury," or "property damage" This exclusion does not apply to liability provided, assumed by the insured under an "insured (i) Liability to such party for, or for contract". the cost of, that party's defense f. Pollution has also been assumed in the Same "insured contract", and (1) "Bodily injury," "property damage" or '.personal and advertising injury„ ;ii} Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge. dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of "pollutants'; resolution proceeding in which damages to which this (a) At or from any premises, site or insurance applies are alleged. location which is or was at any time owned or occupied by, or c. Liquor Liability rented or loaned to any insured "Bodily injury" or "property damage" for However- this subparagraph does which any insured may be held liable by not apply to: reason of_ (i) "Bodily injury" if sustained within (1) Causing or contributing to the a building and caused by intoxication of any person. srnoke, flames, vapor or soot ;2) The famishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol, or cool or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that is used to heat relating to the sale, gift, distribution or water for personal use, by use of alcoholic beverages the building's occupants or their guests: This exclusion applies only if you are in the (ii) "Bodily injury" or "property business of manufacturing, distributing, selling, serving or furnishing alcoholic damage" for which you may be beuerages. held liable. if you are a 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 perforated for that any similar law. additional insured at that e. Employer's Liability premises, site or location and ..bodily injury" to such premises, site or location ('t) An "employee" of the insured arising is not and never was owned or out of and in the course of, occupied by, or rented or loaned to, any insured, other (a) Employment by the insured; or than that additional insured; or Page 4 of 24 Form SS € O Q$ 04 05 VIII 1111 1E 1111111111 11~ IEIE~ 11111111 IIII III cvsozsovooozzsrosnsioioioio BUSINESS LIABILITY COVERAGE FORM (iii) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire": subcontractor; (b) At or from any premises, site or (it) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor; or as waste by or for: (lit) "Bodily injury" or "property (i) Any insured; or damage" arising out of heat, smoke or fumes from a (ii) Any person or organization for "hostile fire": or whom you may be legally responsible: (e) At or from any premises; site or location (d) At or, from any premises, site or on which any insured or any contractors or subcontractors location on which any insured or working directly or indirectly on any any contractors or subcontractors insured's behalf are perbrnning working directly or indirectly on operations if the operations are to any €nsured's behalf are test for, monitor, clean up, remove, performing operations if the contain, treat- detoxity 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 by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor However, this of any: subparagraph does not apply to: (a) Request, demand, order or statutory (i) "Bodily injury„ or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, great, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to. or assess the effects of, electrical. hydraulic or ""pollutants": or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for .'mobile equipment" or its parts, damages because of testing for, 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 store or receive them This responding in, or :assessing the 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, or 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 Form SS 00 08 04 05 Page 5 of 24 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII •CVB02BO1/000223/10129/0/010/0' BUSINESS LIABILITY COVERAGE FORM g. Aircraft, Auto Or Watercraft (2) The use of "mobile equipment" in, or ..Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft. "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loarted to any insured Use includes L War operation and "loading or unloading". "Bodily in7ar?'", "property damage" or ertY This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused, arising, directly or indirectly, out of. other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others by that insured, if the "occurrence" which (2) Warlike action by a military force, caused the "bodily injury" of "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any insured, (3) Insurrection, rebellion, revolution. This exclusion does not apply to: usurped power, or action taken by while ashore on remises governmental authority in hindering or (1) A watercraft 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 (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service This includes (3) Parking an "auto" on, or on the ways but is not limited to. next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing-. approving, or failing to (4) Liability assumed under any "insured prepare or approve reaps, shop contract" for the ownership, drawings, opinions; reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft, drawings and specifications; (5) "Bodily injury., or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment': or instruction: (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice or instruction; with a paid crew. However, this exception does not apply if the insured {6) Any service, treatment, advice or has any other insurance for such "bodily instruction for the purpose of injury.. or '.property damage"', whether appearance skin enhancement, hall the other insurance is primary, excess, removal or replacement or personal contingent or on any other basis. (7) O Opticapticail grooming: 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 Page 6 of 24 Form SS 00 08 04 05 1111~ II 1I111~ IE~ 11111111 ~1~ 11111 11 c,..B 0„000223/1,/29,0,0,0/0• BUSINESS LIABILITY COVERAGE FORM (8) Optometry nr optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (9) Any: of Insurance applies to Damage To Premises Rented To You as described in (a) Body piercing (not including ear Section D. - Limits Of Insurance. piercing); (b) Tattooing, including but not limited Paragraph ( of this exclusion does not to the insertion of pigments into or apply if the premises are "'your work" and under the skin; and were never occupied, rented or held for 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 riot apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being usad Malpractice coverage afforded under to perform operations at a job site. Paragraph 1.e. in Section A. - Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to "property damage" included in the "Property damage" to. "products-completed operations hazard". (1) Property you own. rent or occupy 1. Damage To Your Product including any costs or expenses "Property damage" to "your product" incurred by you, or any other person.. arising out of it or any part of it organization or entity, for repair, m. Damage To Your Work replacement, enhancement, restoration or maintenance of such "Property damage" to "your work" arising property for any reason. including out of it or any part of it and included in the prevention of injury to a person or "products-completed operations hazard" damage to another's property; This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon, if the "property damage" arises the damage arises was performed on your out of any part of those premises; behalf by a subcontractor (3) Property loaned to you; n. Damage To Impaired Property Or (4) Personal property in the care, custody Property Not Physically injured or control of the insured: "Property damage" to "impaired property" {5} That particular part of real property an or property that has not been physically injured, arising out of: which you or any contractors or subcontractors working directly or (1) A defect, deficiency, inadequacy or indirectly on your behalf are performing dangerous condition in "your produc::r' operations.. if the "property damage" or "your work"; or arises out of those operations; or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with its terms. incorrectly performed on it. This exclusion does not apply to the loss of use of other property arising out at 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 11[ 1 IPI 1~ 11111 1~ 111 ~IE IE~ IE~ 111111111 ~1~ 1111111 CY802B01/0002231Z29/0/0/0/0' BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss. cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) ..Your product", (c) An Internet search, access, (2) "Your work"; or content or service provider. (3) ..Impaired property"; However, this exclusion does not if such product: work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. because of a known or suspected defect, liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or ..Personal and advertising injury.': linking to others on your web site, by (1) Arising out of oral, written or electronic itself, is not Considered the business publication of material, if done by or at of advertising, broadcasting, the direction of the insured with publishing or telecasting; knowledge of its falsity: (9) Arising out of an electronic chat room (2) Arising out of oral. written or electronic or bulletin board the insured hosts, publication of material whose first owns. or over which the insured exercises control; publication took place before the beginning of the policy period: (10) Arising out of the unauthorized use of (3) Arising out of a criminal act committed another's name or product in your e-mail , add by or at the direction of the insured: address, domain name or metatags or any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers, except an implied contract to use (11) Arising out of the violation of a anotheCs "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. products or services to conform with However, this lion does not any statement of quality or apply to liability for or damages that the insured would have in the absence of performance made in your such state or federal act, .'advertisement" , (12) Arising out of (6) Arising out of the wrong description of the price of goods, products or services. (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity, on your web site. Content includes However, this exclusion does not information, code, sounds., text, apply to infringement, in your graphics or images; or ..advertisement", of (d) Computer code, software or (a) Copyright, programming used to enable: (b) Slogan, unless the slogan is also (1) Your web si€e: or a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisement' or other or authenticity, or content on your web site, Page 8 of 24 Form SS 00 08 04 05 IIII III IIII II II II I I I I II II II II IIII VIII II i VIII III IIII I III 'CYB0 2 801 /0 00 22 3/1 3/29/0/0/0/0' 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 (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities or persons or property which would 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 direction of any "executive officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or q•. Electronic Data others test for, monitor, clean up, 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 clairn or suit for r. Employ ment-Related Practices damages because of testing for, "Bodily injury" or "personal and advertising r-nonitoring. cleaning up. removing, injury" to: encapsulating, containing, treating, (1) A person arising out of any: detoxifying or neutralizing or in 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 Calls 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 person; 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, ,.persona€ 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) above is directed. (3) Any statute, ordinance or regulation, This exclusion applies other than the TCPA or CAN-SRAM Act 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 (1) "Bodily injury" "property damage" or explosion to premises rented to you or ..personal and advertising injury. temporarily occupied by you with permission of arising out of the "asbestos hazard", the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described in loss, costs or expenses that:. Section 0. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 VIII 11~ II 1111! II 111 I 11111111 III 1111 -.1.02B01/000221114129/O/0/0/0• BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust.. you are an insured, Your trustees We will not pay expenses for "bodily injury.., are also insureds, but only with respect to a. Any Insured their duties as trustees. To any insured, except "volunteer workers". 2. Each of the following is also an insured b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only white of any insured or a tenant of any insured, performing drtties related to the conduct of c. Injury On Normally Occupied Premises your business. or your "employees", other than either your "executive officers" (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Sirinitar limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to '.employee" of any insured, if benefits for the conduct of yokir business the "bodily injury,. are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers" are insureds for, or disability benefits law or a similar law. (1) "Bodily injury" or "personal and o. Athletics Activities advertising injury": To a person injured white practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability f. Products-Completed Operations Hazard company), or to a co-"employee'. while in the course of his or her, Included with the "products-completed employment or performing dirties operations hazard" related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. "volunteer workers" while C. WHO IS AN INSURED perforating duties related to the conduct of your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph (1)(a) above.- b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds, but only with someone else who must pay respect to the conduct of your business, damages because of the injury c. A limited liability company, You are an described in Paragraphs (1)(a) or insured. Your members are also insureds- (b) above; or but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply are an insured. Your "executive officers" and to any nurse, emergency medical directors are insureds:. but only with respect technician or paramedic employed by to their duties as your officers or directors you to provide such services. Your stockholders are also insureds, but only (2) "Property damage" to property. with respect to their liability as stockholders. (a) Owned, occupied or used by. Page 10 of 24 Form 5S 00 08 04 05 III II III II II II VIII VIII II I II I I II IIII II I III I III I III) IIII IIII •Cy8 02 601/000223/15129/01W010* BUSINESS LIABILITY COVERAGE FORM (b) Rented to. in the care, custody or b. Coverage: under this provision does not control of, or over which physical apply to: control is being exercised for any (T) "Bodily injury" or "property damage" purpose by you. any of your that occurred: or "employees",, "volunteer workers any partner or member (if you are (2) ,Personal and advertising injury„ a partnership or joint venture), or arising out of an offense committed any rnernber (if you are a limited before you acquired or formed the liability company). organization, b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your "employee" or With respect to "mobile equipment" registered in ,volunteer worker"). or any organization your narrte under any inotor vehicle registration while acting as your real estate manager law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property: and However, no person or organization is an insured (2) Until your legal representative has with respect to- been appointed a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipments or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who m duties under this insurance. an insured under this provision. e. Unnamed Subsidiary S. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof. of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50`l, of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured.. but only with as a named insured does not app€y to respect to liability arising out of the operation injury or damage with respect to which an of the watercraft, and only if no other insured under this insurance is also an insurance of any kind is available to that insured under another policy or would be person or organization for this liability, an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to. limits of insurance, a. "Bodily injury" to a co-"ern ploy ee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier, and Form SS 00 08 04 05 Page 11 of 24 i IIIIII I III II I II II III I I IIII I I II II III II I I I 111 ~1~ III I El 11~ '..602801/00022316129/0/0/0/0' .010101016Z1L L/EZZ000/108Z09AJ, IIII VII I II I VIII I I I II IIII II IIII IIII I II VIII VIII 111 I I 1111~ I so ro go 00 SS t-UJO= yz to zb a6e,d '.Jaineju03 leU15tio +Dqj ul pa6e~-lOedaj uagl pue 'ieinloe;nuew at-11 tuo_tl 5u0t33n.1;SU1 japun sired ;o ttol}nlr}sgns aq} jo uo€lezlue6jo.ro uos ed 6u4sa} 'UOrlellsUOLUGp 'uo13OodSu1 Mons Aq noA of paseal luetudlnba ;o asodind eql jcy Alalos pa~.loedun ;o asn iO Ljoileiado 'aoucualuiew uaynn }daoxa '6ul6e:~ioeda~4 (p) jnOA Aq 'lied ui !o alogrn ul `pasnea fun[ul 6ulslitanpe pue leuos od„ :aapuan aql Aq .10 „a6etuep Alradoad„ „Arn[ul Alleuoqualul spew 3onposd aql ul A y (O) 1paqioi All!€gell .rlaq3 of 33adsai inn aBuegO leOlwayO Ia 1e31sAtld Au of Aq paz3aor}ineun tuAlua lnq jueuidinba areal noA tuog Aluejtem :noA ssajdxa AUV (q) aa; u011t~zle6ao JO uvsjad Auy (1) luatudlnb3 yO slossa-i .q :}uauiaaa6e zo pe.rlU03 ayl;U s4onpoid gJns 6ululeluoa eouesge aql ul eAeq pinarvN Jopu2t5 ro 6ulAuedwoOOe olUi 6Ulralua aqi legl Sa6ewep Jo; Allllgell 'Jauteluoo .3o }.red 'jualpai6til Aue 30 of Aldde lou saop uolsnloxa slg1 lnbOe ane; naA wat{ n ludwaar£~e as loeJluoa e UI AI!lltieil slanpord y3ns pas ;o wa.s; UOtle2tue61o Jo u0siad pasnsul uol se aql ;o uosea~ Aue of Aldde }ou saop aauejnsu ssy,l, (Z) S1 sauewetue p Aeci o} paieul JapuaA ay} tlOlgnA 10; „a6eu.rep ep ,slonpoad aql;o ait:s ro Apado.id„ Jo „A3nful Allpos.. (e) uol}nq!rlslp at43 ylim uolioauuoo -ol Aldde lou saap a3ueinsul sit _L UP 'ssaulsnq ;o aSinoo lensn atli ur a)#etu aI sa',JeVOpun suolsnloxa AlleU-UOU }o a)ieu, of paaa6e seq lcuailippe buimollo; aqi of }Oafgns 51 JOPUaA atll Se 6UIO3A1aS JO sisal JopUaA aql of papic,4e aout?Insul ay_L 'sluatu}sn[pe 'suol}oadsut gonS (11) .,piezeq suo >elado pa}aldtuoO-slonpoad„ Jo la (p) sydai6eaedgnS atil UlglinA papnloul , al5ewep AlLadoad„ trt pauleluoa SUO14da3xa G141 (3) jo ,finfut Allpoq„ ia4 eSeJaAOa saplAoid of Aldde lou swop ualsn{Oxa sled a6e.,aAO') slgl ;1 Aluo pue SSaulSrtq slgl 'ranan+ol l ;legaq sll uo 6Ulpae s.10pUaA ayl }o asmoo Jelnbal aql ul plos jo pa}nq!Asrp ate t IWA ,spnpaid inoA„ ;o ;no asle auoAue jo saafoldtua sll 6ulstje „aBettrep Aitada.id„ as „A~nfu€ Allpag„ #a asotl} Jo suolsslwo ra s}oe U Ao al ioadsai t vl Aluo Intl '(;opuaA se molaq 531 Jo; JOpuaA ayl ;t} OOUG6116au of pajAa;ai) {s}UOlleziue6.jo jo (s)uasiad AUy alos atli ;o lno bUlsue alBELLSIOp Aliedoud„ jo „Alnful AllpoG., (94) sJOPuaA -e JO'.rapuaR ayl sa6eJaACO pasnsul leuall!ppv teuo ldC3 - '3 .€o; io Aq aOuelsgns io 6Ultll lay}o Uol}3aS ul s}uej6 06ejaAao paJnsut leuolllppe AUe ;O iua1paJ6ul Jo laed 'jauleluoo of;loads ayl japun spainsul leuolllppe se e se pasn jo palagelai AO paPpe suollezlUe6ao JO SUOSAad Ike 6ulpnloul pelagel Uaaq aAetl 'noA Aq ales .lo 'iced &BeJaroz) ssgl #o lied e ape pue sn Aq uopnqu;sip .gal;e 'tlolyn-~ slOnpoacl (6) panssl luau.ras.ropua Ue Ag peinsui leuolllppe ue Se papniOUl sl Uaile21UeFDJO So uos)ed 'lonpwd yons It UOlslnn~d sltll japun painsui leuolllppe atli ;o ales atll q}tn~ uO!pauuOO ue sl uollezlue6ro Io uosiad yons ou ' Ae' AAOH ul sasltuaid S,JOpl1aA atjl le potiad pawjoljad suolleiado tons ldaoxa ayI at l ;o o paljad `sUoge.jacl7 aledaa .lo 6wouvies '33e~}UOO Aq pa~ln6ei ,r atLoil `uo13elie3suS `uol}eJjsuOUJa(] 3'egl JO; AluO Uolslnoid sly; iapun painsul slonpoid leuolllppe Ue sl uollezrue6io jo uosied b aqi to ales Jo uolinglais!p aqi punt lltuxad eq} to aouenssl aqi Jo 'luawaai5e uol4oauuo".3 ul 'ssaulsnq ;o as.inoo ro peiluoO aql;o uognoaxe ayl of luanbasgns lensn aqi ul o:jew of sa)jeilapun sinooo abetuep jo Ainful ay} papfnoid 'Aollod AlleUIJOL-t ao a '4F-'W of paar6e anoA uo painsul leuolllppe ue se pappe aq sets ,opuaA atll se 6UIOIA3as uotlezlue6jo jo uosrad yons letll 'uals3A,pgns ro sisal `siuawisnrpe 'suo€loodsul leOlltlad JO alels IT Aq panssl lltuAed dons aNeua of alnJIe} Auy (a) e ;o asneoaq jo luawaoi6e uallum '3Oe13uO3 W2iO:i 30tf'NEIA00 All-IISVI i SS3NIsna BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision ('t) Any person or organization from has issued a permit whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to. municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f„ Any Other Party (b) Structural alterations, new (q) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused. in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury". "property damage" or "personal on your behalf. and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf owned by or rented to you. or, (a) in connection with your premises: (c) In connection with "your work" and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds: the provide such coverage to following additional exclusion applies: such additional insured, and This insurance does not apply to (ii) This Coverage Part provides "bodily injury"property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions. "Bodily injury", reports, surveys, field orders, y 1 ry" "Property damage" or "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 III II I II 1111! 11111 1~~ IE~ IE~ 11111111 III 11111 11~ II 'CY602B01 /0 00 22 3/1 8/2 9/0/0/0/0' BUSINESS LIABILITY COVERAGE FORM (a) The preparing: approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings.. opinions: white rented to you or temporarily reports. surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion. (b) Supervisory, inspection. 3.. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above,. whichever activities, applies, the most we will pay for the sum of all The omits of insurance that apply to additional damages because of all "bodily injury`., insureds are described in Section 0. - Limits property damage" and medical expenses Of insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations, is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.. - Liability And Medical Fxpenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. ,.personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You L"rrrtit The Limits of Insurance shown in the The Damage To Premises Rented To You Declarations and the rules below fix the most we will pay regardless of they number of Limit is the most we will pay under Business Liability Coverage for damages because of a. Insureds, "property damage" to any one premises, while b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits" temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will for In, the ease of damage by fire, lightning or pay explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the How Limits Apply To Additional Insureds Declarations. b. Damages because of all other "bodily The most we will pay on behalf of a person or injury" "property damage" or "personal organization who is an additional insured and advertising injury„ including medical under this Coverage Part is the lesser of, expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision; or owned by or rented to you_ b. The Lirnits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 05 11~ 11111 II 11111111111 11~ 1 CYB02B01/000223/19/29/0/0/0/0 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under- this policy and the endorsements is the with the claim or "suit", single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit However, this other information; paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. (3) Cooperate tif in the investigation, settlement of the he claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us. upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the Declarations.. unless the policy period is extended person or organization that may be liable the insured because after issuance for an additional period of less than 'l2 of injury which this insurance months in that case, the additional period will be troray damage also apply, . deemed part of the last preceding period for purposes d. Obligations At The tnsured's Own Gast of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS Bost voluntarily make a payment, assume any obligationation, or incur any expense, other 1. Bankruptcy than fo€ first aid, without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense anti indemnity it You or that wanye are additional notified insured as roust soon see as s i However, this provision does not apply to . practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim To written contract, written agreement of the extent possible. notice should include: perrnit that this insurance is primary and non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offerise took place, f. Knowledge Of An Occurrence, Offense, (2) the names anct addresses of any Claim Or Suit injured persons and witnesses, and Paragraphs a. and b, apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the 'occurrence", offense, claim or "suit, is .'occurrence" or offense, known ta- b. Notice Of Claim (1) You or any additional insured that is if a claim is made or "suit" is brought an individual: against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership. (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received, insured is a limited liability cornpany. and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional ciairn or "suit" as soon as practicable, insured is a trust; or c. Assistance And Cooperation Of The (6 Insured ) Any elected or appointed official, if you or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS pO 08 04 45 Page 15 of 24 I 111E V1E 111 I111 II 11111111 III II II CYB02B01/00022320/29/0/0/0/0' 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. underinsured motorists. no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages, below applies. If other insurance is also 4. Legal Action Against Us primary. we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Form: below. a. To join us as a party or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured, or other insurance, whether primary. excess b. To sue us on this Coverage Form unless contingent or on any other basis all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage. R person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for "your work", against an insured; but we will riot be liable for (2) Premises Rented To You damages that are riot payable under the terms of That is fire, lightning or explosion this insurance or that are in excess of the applicable limit of insurance An agreed insurance for premises rented to you settlement means a settlement and release of or temporarily occupied by you with liability signed by us, the insured and the permission of the owner; claimant or the claimant's legal representative. (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned to property damage" to premises rented in this policy to the first Named Insured, this w you or temporarily occupied by you with permission of the owner. insurance applies. a. As if each Named Insured were the only (4) Aircraft, Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos" or watercraft to a claim is made or "suit" is brought. the extent not subject to Exclusion g. of (5) Section A. - Coverages- 6. Representations Borrowed a. When You Accept This Policy EProperty quipment Or Use e Of Elevators By accepting this policy, you agree: If the loss arises out of " properrty (1) The staterments in the Declarations damage" to borrowed equipment or are accurate and complete, the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. - representations you made to us; and Coverages. Page 16 of 24 Form SS 00 08 04 05 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIII 'CYB02B01/00022321/29/0/0/O1O' BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of insurance the amount of the loss: if any, that That is other insurance available to exceeds the sum of: you covering liability for darnages (t) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations. or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance, or insurance. (7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However,. the following provisions Declarations of this Coverage Part, apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains: have agreed in a written contract. whichever comes first. written agreement or permit that if any of the other insurance does not perrnit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits Under this method, each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them, At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance, enforce there This condition does not Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional h, Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment defend the insured against any ,.suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this ";overage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Form SS 04 08 04 05 Page 17 of 24 IIII II IIIIIII IIIIIII III 1111111 1EI IIIIII~ 11111111 ~~l I'CYB02B01/000."22/2910/0/010* BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply. Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C.. Who Is An Insured, does not apply Equipment to the person or organization shown in the a- WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy except as shown in the Declarations as an Additional provided below. Insured - Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", -property damage" or -personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance. operation or the person(s) or organization(s) shown in the use of equipment teased to you by such Declarations. but only with respect to liability person(s) or organization(s). for "bodily injury", "property damage" or b- With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your arts 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 S. Additional Insured - Owners Or Other operations:. or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you a. WHO IS AN INSURED under Section C. is 2. Additional Insured Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured _ Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured ownership. maintenance or use of that part Designated Person Or Organization. but only of the land leased to you and shown in the with respect to liability arising out of the Declarations ownership, maintenance or use of that part of the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following b.. With respect to the insurance afforded to additional exclusions appty. these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any "occurrence" that takes place This insurance does not apply to. after you cease to lease that land-, or (1) Any "occurrence- which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises: or performed by or on behalf of such (2) Structural alterations, new person or organization.. construction or demolition operations 6• Additional Insured - State Or Political performed by or on behalf of such Subdivision - Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 IIIII II CYB02B01 /0 0022 32 3/29/0/0/0/0' BUSINESS LIABILITY COVERAGE FC3F2M Insured - State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit- make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply. (f) Demonstration, installation, This insurance does not apply to servicing or repair operations. except (1) "Bodily injury" "property damage" or such operations performed at the vendor's premises in "personal and advertising injury" connection with the sate of the arising out of operations performed for product: the state or municipality; or (2) "Bodily injury" or "property damage" (g) Products which, after distribution or sale by you, have been labeled included in the "product-completed or relabeled or used as a operations" hazard container, part or ingredient of any 7. Additional Insured - Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor: or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's business and only if this Coverage Part {i) The exceptions contained in provides coverage for "bodily injury" or Subparagraphs (d} or (f}; or "property damage" included within the (ii) Such inspections, "products-completed operations hazard" adjustments, tests or servicing as the b. The insurance afforded to the vendor is vendor has agreed to subject to the following additional exclusions make or normally undertakes to make in the usual course of (1) This insurance does not apply to, business. in connection with (a) "Bodily injury" or "properly the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement: products. (b) Any express warranty 8. Additional Insured - Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. :s (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor. Declarations as an Additional Insured - (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration; testing, or the a. Their financial control of you, or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you tease or occupy these premises and then repackaged in the original container. Form SS 00 08 04 05 Page 19 of 24 11111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII cveazaovooaz2arzansiaivaio BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. - Limits Of operations performed by or for that person or Insurance. organization- Flown this insurance applies when other insurance 9. Additional Insured - Owners, Lessees Or is available to an additional insured is described in Contractors - Scheduled Person Or the Other Insurance Condition in Section E. - Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured - Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury'", "property damage" or "personal has the purpose of inducing the sale of goods.. and advertising injury," caused, in whole or products or services through in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard:. (1) In the performance of your ongoing (4) Magazine, operations for the additional insured(s); or (5) Newspaper; (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods; products or and included within the "products- services for the purposes of inducing the completed operations hazard". but sale of goods. products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. ..property damage" included within the However, "advertisement" does not include "prod ucts-complt ted operations a. The design. printed material, information hazard or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products or does not apply to "bodily injury.". "property damage" or "personal an advertising b. An interactive conversation between or injury" arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement", services, including, 3. "Asbestos hazard" ineans an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps. shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form, field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities, equipment. But "auto" does not include 14. Additional Insured Co-Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical- WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness: or the person(s) or Organization(s) shown in the c Disease Declarations as an Additional Insured - Co- Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time premises shown in the Declarations. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 I II II III IIII II II II I III ~ I II II II II II III III I I VIII II I I II I II II •cveozeovooozzarzsrzerorororo 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: 92, "insured contract" means: (1) Goods or products made or sold by you in the territory described in a. above; a. A contract for a lease of premises. However, that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any is in the territory described in a. person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business; or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D. - Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement, America (including its territories and c. Any easement or license agreement. possessions), Puerto Rico or Canada, in a including an easement or license "suit" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to. feet of a railroad. 7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs. to indemnify a municipality. except in a. Stored as or on. connection with work for a municipality. b. Created or used on, or e. An elevator maintenance agreement; or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software. hard or floppy disks. (including an indemnification of a CD-RAMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for "bodily injury" or "property 8 "Employee" includes a "leased worker" damage" to a third person or organization. "Employee" does not include a "temporary provided the "bodily injury" or "property damage' is caused, in whole or in part, by worker", you or by those acting on your behalf. 9. "Executive officer" means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar governing document. Paragraph f. includes that part of any 10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be. damage" arising out of construction or 11. "Impaired property" means tangible property. demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road-beds, tunnel, a. It incorporates "your product" or "your work" underpass or crossing, that is known or thought to be defective, However, Paragraph f- does not include deficient, inadequate or dangerous, or that part of any contract or agreement. Form SS 00 08 04 05 Page 21 of 24 111111 IIIIIIIIIIII ~~l 1II 11~ craozeovooozzsnsizeisiooio .0/0/0/016Z/LZ/EZZ000/ WSMAD. 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'tua41 ana6 01 6uitlel .}o saddl6uinrtallo; 'suollnnJlsui Jo suoilnanp 6uinlEJ (q) 941 io luawdlnba pagoelle dllueuewisd jO'suogeoijpads of dll)Igow ap)noJd of dllJewlJd pauleluletu pue s6uznteJp Jo su6lsap 'sJapJo aJe pue pailadoJd-;las iou ale 1e4; anoge abuegn siapic pia l 'sda/uns •p Jo `•3 "q ''e ul PaglJasap lau salai4an •a siJOdaJ 'sualuldo -s6ulnnaJp 'sJallOJ Jo do4s 'sdew anoJdde JO aJedaad sJadeJvs 'sJape.}b se tinns luawdinba 01 6ulllei Jo 6uinoidde '6ulJedaid (e) 6u10e1JnsaJ Jo uallnnJlsuon peo'd (Z) :;o ino buisue 96ewep J0 's)IIJP Jo sJ0661p Jo A€nful Ja; JOAaAJns Jo Jaaulbua (i} 'sJapeol 'slanOgs 'saueJO Jarnod (t) 'ina114ole tie saflluwaptr€ ie4-L VYM0:1 3JVM3A00 X ll-I19V17 SS3NIsna BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry Work that may need service, maintenance; into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies. treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own d.. Oral, written or electronic publication of or rent. unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product' for consumption on premises you organization's goods, products or services; own or rent. e. Oral, written or electronic publication of b_ Does not include "bodily injury'* or material that violates a person's right of "property damage" arising out of_ privacy: (1) The transportation of property. unless f. Copying, in your "advertisement". a the injury or damage arises out of a person`s or organization's "advertising condition in or on a vehicle not owned idea" or style of "advertisement or operated by you, and that condition g, infringement of copyright, slogan, or title of was created by the "loading or any literary or artistic work, in your unloading" of that vehicle by any insured, or "adVertiSement": Or h, Discrimination or humiliation that results in (2) The existence of tools. uninstalled injury to the feelings or reputation of a equipment or abandoned or unused natural person, materials, 18. "Pollutants" . means any solid, liquid, gaseous or 20. "Property damage" means: thermal irritant or contaminant, including smoke. a. Physical injury to tangible property.. vapor. soot, fumes, acids, alkalis. chemicals and including all resulting loss of use of that waste. Waste includes materials to be. recycled, property- All such loss of use shall be reconditioned or reclaimed, deemed to occur at the time of the 99. "Products-completed operations hazard physical injury that caused it: or a. Includes all "bodily injury" and "property b. Loss of use of tangible property that is not damage" occurring away from premises physically injured. All such loss of use you own or rent and arising out of "your shall be deemed to occur at the time of product" or "your work" except: "occurrence' that caused it. (1) Products that are still in your physical As used in this definition, "electronic data" is possession, or not tangible property. (2) Work that has not yet been completed 21- „Suit" means a civil proceeding in which or abandoned. However, "your work" damages because of "bodily "injury."„property will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times: to which this insurance applies are alleged (a) When all of the work called for in "Snit" includes: your contract has been completed, a. An arbitration proceeding in which such h) When all of the work to be done at damages are claimed and to which the. ( the job site has been completed if insured must submit or flocs submit with your contract calls for work at our consent-, or more than one job site. b. Any other alternative dispute resolution (c) When that part of the work done at proceeding in which such damages are a job site has been put to its claimed and to which the insured submits intended use by any person or with our consent, organization other than another 22_ "Temporary worker" means a person who 1s contractor or subcontractor furnished to you to substitute for a permanent working on the same project. "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 III II VIII II II IIIIIIIII IIIIIIIIIIIIIIIIII II III VIII `CYB02B01/000223/28/29/0/0/0/0` BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work. (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions, scope of duties determined by you. and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold- their work performed for you 25. "Your work 24. "Your produr-C, a. Means a. Means: (1) Work or operations per-formed by you (1) Any goods or products, other than real or on your behalf,, and property, manufactured, sold. handled, (2) Materials, parts or equipment distributed or disposed of by7 furnished in connection with such work (a) You or operations. (b) Others trading under your name, b- Includes: or (1) Warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality. durability, performance or use acquired, and of "your work"; and (2) Containers (other than vehicles), (2) The providing of or failure to provide materials. parts or equipment warnings or instructions- 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 Page 24 of 24 Form SS 00 08 04 05 II III I IIII I VIIIIIII VIII II IIIIII III III III VIII I II 'CY602B01/000223/29/29/0/0/0/0'