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HomeMy WebLinkAboutInsurance Certificate: Stoddard Power Systems LLC • ® DATE(MMIDDIYYYY) Ate'-^ O CERTIFICATE OF LIABILITY INSURANCE 7/21/202 • ,.x THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND ORS ALTER THE COVERAGE AFFORDED BY THE POLI BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHOR REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT HUB International Northwest, LLC PHONE Angela Sangl FAX PO Box 10167 (A/C.No.Ext):541-687-1117 (AIC,No):541-342-8280 Eugene OR 97440 ADDRESS: angela.sangl@hubinternational.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Underwriters at Lloyd's London 15792 INSURED STODPOW-01 INSURER B:Burlington Insurance Company 23620 Stoddard Power Systems, LLC 1600 Valley River Dr., Suite 380 INSURER C: Eugene OR 97401 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:62024936 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y 624BG04285-01 7/23/2022 8/21/2023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL 8 ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X jE f X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: I Hired Non-owned Auto $Included AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED I BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ _ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS LIAR CLAIMS-MADE AGGREGATE $ _ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability Y Y ANE477498823 7/23/2023 7/23/2024 Limit $1,000,000 Deductible $2,500 Retroactive Date 07/23/2021 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Certificate holder and all entities required by written contract are included as additional insureds on a primary and non-contributory basis with waiver of subrogation as respects to the general liability including completed operations and professional liability as required by written contract per attached endorsements.Subject to policy limits,terms,conditions and exclusions. I Hired and Non-Owned Auto coverage is included on the General Liability policy and coverage forms extend. Additional Insureds Include: City of Ashland, Oregon,and its elected officials,officers and employees CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 East Main Street Ashland OR 97520 AUTHORIZED REPRESENTATIVE 71)66. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered(marks of ACORD p gime %I. i,M1 POLICY NUMBER:624BG04285-01 COMMERCIAL GENERAL LIABILITY POLICY NUMBER:624BG04285-01 COMMERCIAL GENERAL LIABILITY CG20101001 CG20120413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR ADDITIONAL INSURED-STATE OR GOVERNMENTAL CONTRACTORS-SCHEDULED PERSON OR AGENCY OR SUBDIVISION OR POLITICAL ORGANIZATION SUBDIVISION- PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Name of Person or Organization: Any state or political subdivision that requires you in accordance with their statutes or regulations to add such Any person or organization for whom you are performing operations,but only if you have agreed,in a written state or political subdivision as an additional insured on your policy provided such written permit is fully executed contract,to add such person or organization as an additional insured on your policy for that location or part prior to an"occurrence"in which coverage is sought under this policy. thereof,provided such a written contract is fully executed prior to an"occurrence"in which coverage is sought under this polwy. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.Section ll—Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or a. "Bodily injury", "property damage" or governmental agency or subdivision or political "personal and advertisinginjury'arisingout A. Section II—Who Is An Insured is amended to (1) All work, including materials, parts or subdivision shown in the Schedule,subject to the p f of operations performed for the federal provisions: Include as an insured the person or organization equipment furnished in connection with following shown in the Schedule,but only with respect to such work, on the project(other than government,state or municipality;p y;or liability arising out of your ongoing operations service,maintenance or repairs)to be 1. This insurance applies only with respect to b. "Bodily injury"or"property damage"included performed for that insured. performed by or on behalf of the operations performed by you or on your behalf within the "products-completed operations additional insured(s) siteof the for which the state or governmental agency or hazard". B. With respect to the insurance afforded to these at the subdivision or political subdivision has issued a additional insureds, the following exclusion is covered operations has been permit or authorization. B.With respect to the insurance afforded to these added: completed;or additional insureds, the following is added to 2. Exclusions (2) That portion of"your work"out of which However. Section 111—Limits Of insurance: the injury or damage arises has been a. The insurance afforded to such additional I(coverage provided to the additional insured is This insurance does not apply to"bodily injury" put to its intended use by any person or insured only applies to the extent permitted g or"property damage"occurring after organization other than another by law;and required ony a behalfcontofft ther agreement,ionali the most we will pay additional Insured is the contractor or subcontractor engaged in b. If coverage provided to the additional amount of insurance: performing operations for a principal as insured is required by a contract or a part of the same project. agreement,the insurance afforded to such 1• Required by the contract or agreement;or additional insured will not be broader than 2. Available under the applicable Limits of that which you are required by the contract Insurance shown In the Declarations; or agreement to provide for such additional whichever is less. insured. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 2010 10 01 ©ISO Properties,Inc., 2000 Page 1 of 1 El CO 2012 0413 ©Insurance Services Office,Inc.,2012 Page 1 of 1 r �r • POLICY NUMBER:624BG04285-01 COMMERCIAL GENERAL LIABILITY POLICY NUMBER:624BG04285-01 COMMERCIAL GENERAL LIABILITY CG20371001 CG24040509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ADDITIONAL INSURED-OWNERS, LESSEES OR AGAINST OTHERS TO US CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE SCHEDULE Name Of Person Or Organization: Name of Person or Organization: Any person or organization with whom you have agreed,in a written contract to waive the transfer of rights of Any owner,lessee or contractor with whom you have agreed,in a written contract,that such person or recovery against others to us,provided such written waiver is fully executed prior to an"occurrence°in which organization should be added as an additional insured on your policy,provided such written contract is fully coverage is sought under this policy. executed prior to an"occurrence in which coverage is sought under this policy. Location And Description of Completed Operations: — -- _ Any and all of your completed operations. Additional Premium: Information required to complete this Schedule,if not shown above,will be shown in the Declarations. $0 The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as Section IV–Conditions: applicable to this endorsement.) We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or Section II–Who Is An Insured is amended to include as an insured the person or organization shown in the damage arising out of your ongoing operations or Schedule,but only with respect to liability arising out of"your work"at the location designated and described in the "your work"done under a contract with that person or schedule of this endorsement performed for that insured and included in the"products-completed operations organization and included in the"products-completed hazard". operations hazard".This waiver applies only to the person or organization shown in the Schedule above. CG 20 3710 01 ©ISO Properties,Inc., 2000 Page 1 of 1 0 CG 24 04 05 09 ©Insurance Services Office,Inc.,2008 Page 1 of 1 0 POLICY NUMBER:624BG04285-01 3. Any payments made under Coverage A for 2. Such payments shall not reduce any damages or under Coverage C for medical Designated Construction Project General expenses shall reduce the Designated Aggregate Limit. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Construction Project General Aggregate Limit C.The most we will pay as damages caused by for that designated construction project.Such "occurrences"for all Construction Projects whether DESIGNATED CONSTRUCTION PROJECT(S) GENERAL payments shall not reduce the General djesignated or not is the General Aggregate For All Aggregate Limit shown in the Declarations nor construction Projects Combined Limit shown in the AGGREGATE LIMIT AND GENERAL AGGREGATE FOR shall they reduce any other Designated Schedule above. Construction Project General Aggregate Limit ALL CONSTRUCTION PROJECTS for any other designated construction project D.When coverage for liability arising out of the shown in the Schedule above. "products-completed operations hazard" is 4. The limits shown in the Declarations for Each provided,any payments for damages because of Occurrence,Damage To Premises Rented Topuinjury""products-completedor oper tionshaz included in the You and Medical Expense continue to apply. thePodCompleted This endorsement modifies insurance provided under the following: P PP Y• tlpe Products-Completed Operations Aggregate However, instead of being subject to the Limit,and not reduce the General Aggregate Limit COMMERCIAL GENERAL.LIABILITY COVERAGE PART General Aggregate Limit shown In the mor the Designated Construction Project General Declarations,such limits will be subject to the Aggregate Limit. applicable Designated Construction Project E. I(the applicable designatedproject SCHEDULE General Aggregate Limit pP construction roject tB.For all sums which the insured becomes legally has been abandoned,tdhelayed,or zabandoned angd Designated Construction Projects: Each Construction project described in a separate obligated to pay as damages caused by parties seeviafrom if plans, out blueprints, contrsigi s, written contract. If multiple construction projects are "occurrences"under Section I-Coverage A,and spdeviate plans, eu ro a ts, designs, P g specifications or timetables,the project will still be grouped-together-under-one-written-contract,—all-such ——- - -- -— forallmedical expenses caused by accidents under--—deemed to be the same construction project. projects will be considered one project and subject to a Section I-Coverage C,which cannot be attributed single general aggregate limit for that contract. only to ongoing operations at a single designated F. The provisions of Section III-Limits Of Insurance construction project shown in the Schedule above: riot otherwise modified by this endorsement shall 1. Any payments made under Coverage A for continue to apply as stipulated. damages or under Coverage C for medical expenses shall reduce the amount available All gtherterms and conditions of this Policy remain under the General Aggregate Limit or the uncianged. Products-Completed Operations Aggregate Limit,whichever is applicable;and Limits: Designated Construction Project General Aggregate Limit as shown in the Commercial General Aggregate Limit General Liability Declarations,IFG-G-0002-DL General Aggregate For All Projects $5,000,000 Combined (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally 2. The Designated Construction Project General obligated to pay as damages caused by Aggregate Limit is the most we will pay for the "occurrences"under Section I-Coverage A,and sum of at damages under Coverage A,except for all medical expenses caused by accidents under damages because of"bodily injury"or"property Section I-Coverage C,which can be attributed damage"included in the"products-completed only to ongoing operations at a single designated operations hazard",and for medical expenses construction project shown in the Schedule above: under Coverage C regardless of the number of: 1. A separate Designated Construction Project a. Insureds; General Aggregate Limit applies to each b. Claims made or"suits"brought;or designated construction project,and that limit is equal to the amount of the General Aggregate c. Persons or organizations making claims or Limit shown in the Declarations. bringing"suits". IFG-G-0065 0317 Includes copyright material of Page 1 of 2 IFG-G-0065 0317 Includes copyright material of Page 2 of 2 ISO Properties,Inc.,with its permission. ISO Properties,Inc.,with its permission. •S firma COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CG20010413 CG20340413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY- ADDITIONAL INSURED-LESSOR OF LEASED OTHER INSURANCE CONDITION EQUIPMENT-AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or A.Section II—Who Is An Insured is amended to A person's or organization's status as an Condition and supersedes any provision to the agreement that this insurance would be include as an additional insured any person(s)or additional insured under this endorsement ends contrary: primary and would not seek contribution organization(s)from whom you lease equipment when their contract or agreement with you for such Primary And Noncontributory Insurance from any other insurance available to the when you and such person(s)or organization(s) leased equipment ends. additional insured. have agreed in wilting in a contract or agreement This insurance is primary to and will not seekB.With respect to the insurance afforded to these contribution from any other insurance available that such person(s)or organization(s)be added as additional insureds,this insurance does not apply to an additional insured under your otic — — an--additional—insured—on—your—policy�uch provided that y p y person(s)or organization(s)is an insured only with, to—any—occurrence"exwhich takes place after the respect to liability for "bodily injury°, "property equipment lease expires. (1) The additional insured is a Named Insured damage" or "personal and advertising injury" C.With respect to the insurance afforded to these under such other insurance;and caused,in whole or in part,by your maintenance, additional insureds, the following is added to operation or use of equipment leased to you by Section III—Limits Of Insurance: such person(s)or organization(s). The most we will pay on behalf of the additional However, the insurance afforded to such insured is the amount of insurance: additional insured: 1. Required by the contract or agreement you 1. Only applies to the extent permitted by law; have entered into with the additional insured; and or 2. Will not be broader than that which you are 2. Available under the applicable Limits of required by the contract or agreement to Insurance shown in the Declarations; provide for such additional insured. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 01 0413 ©Insurance Services Office,Inc.,2012 Page 1 of 1 CG 20 34 0413 ©Insurance Services Office,Inc.,2012 Page 1 of 1 POLICY NUMBER: 624BG04285--01 COMMERCIAL GENERAL LIABILITY • CG 20 11 12 19 .91 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES , This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): Any and all locations or part thereof that is leased to you for your use in your business, but only if you have agreed, in a written contract, to provide additional insured coverage for that location or part thereof. Name Of Person(s) Or Organization(s) (Additional Insured): Any person or organization with whom you have agreed, in a written contract,to add such person or organization as an additional insured on your policy with respect to the above premises, provided such written contract is fully executed prior to an "occurrence"in which coverage is sought under this policy. Additional Premium: $0 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability for"bodily injury", "property will not be broader than that which you are damage" or "personal and advertising injury" required by the contract or agreement to provide caused, in whole or in part, by you or those acting for such additional insured. on your behalf in connection with the ownership, B. With respect to the insurance afforded to these maintenance or use of that part of the premises additional insureds, the following is added to leased to you and shown in the Schedule and Section III—Limits Of Insurance: subject to the following additional exclusions: If coverage provided to the additional insured is This insurance does not apply to: requi fed by a contract or agreement, the most we 1. Any "occurrence" which takes place after you will pay on behalf of the additional insured is the cease to be a tenant in that premises. amount of insurance: 2. Structural alterations, new construction or 1. R quired by the contract or agreement; or demolition operations performed by or on behalf 2. Available under the applicable limits of of the person(s)or organization(s)shown in the insurance; Schedule_ whichever is less. However: This endorsement shall not increase the applicable 1. The insurance afforded to such additional limits'of insurance. insured only applies to the extent permitted by law; and CG 2011 1219 ©Insurance Services Office, Inc., 2018 Page 1 of 1 ere' Is, HISCOX PRO: HISCOX PROF General Terms and Conditions General Terms and Conditions In consideration of thepremium charged,and in reliance on the statements made and information part limit. I. Our promise to 9 you provided to us,we viilfpay covered amounts as defined in this policy,provided you property notify us of clalms,breaches,events,or occurrences,and meet your obligations to us in accordance with the terms of this policy. Ill. Your obligations to us II. Limits of liability Regardless of the number of Coverage Parts you have purchased,the maximum we will pay for A. Named insured It will be the responsibility of the named!insured(or,if them is more than one named insured, all covered amounts will be as follows: responsibilities the first one listed on the Declarations)to act on behalf of all insureds with respect to the following: A. Coverage part limit Each Coverage Part purchased will be subject to a coverage part limit(if one is stated in the 1. timely giving and receiving notice of cancellation or non-renewal; Declarations),which is the maximum amount we will pay for all covered amounts under that Coverage Part,other than coverage enhancements or other items we have expressly agreed to 2. timely payment of premium; pay in addition to the limit.The coverage part Ilmit will be in excess of any applicable retention. 3. receipt of return premiums; B. Each claim limit The Each Claim Limit identified in the Declarations is the maximum amount we will pay for all 4. timely acceptance of changes to this policy;and covered amounts for each covered claim,unless a lower sublimit is specified,in which case the 5. timely payment of retentions. sublimit is the maximum amount we will pay for the type of covered claim to which the sublimit _ , applies The Each Claim Limit,or any sublim(t,will beinexcess of any applicable retention and _ _ _ B,--Your duty to cooperate-—You must cooperate with in the defense,-investigation,-andsettlementof-anyclaim,-potential---- will be a part of,and not in addition to,any applicable coverage part limit. claim,breach,event,occurrence,or other matter notified to us,including but not limited to: C. Each breach limit The Each Breach Limit identified in the Declarations(if you have purchased a relevant Coverage 1. notifying us immediately If you receive any settlement demands or offers,and sending us Part)is the maximum amount we will pay far all covered amounts for each covered breach, copies of any demands,notices,summonses,or legal papers; unless a lower sublimit is specified,in which case the sublimit is the maximum amount we will pay 2. submitting to examination and Interrogation under oath by our representative and giving us for the type of covered breach or costs to which the sublimit applies.The Each Breach Limit,or a signed statement of your answers; any sublimit,will be in excess of any applicable retention and will be a part of,and not in addition to,any applicable coverage part limit. 3. attending hearings,depositions,and trials as we request; D. Each occurrence limit The Each Occurrence Limit identified in the Declarations(if you have purchased a relevant 4. assisting in securing and giving evidence and obtaining the attendance of witnesses; Coverage Part)is the maximum amount we will pay for all covered amounts for each covered 5. providing written statements to our representative and meeting with such representative for occurrence,unless a lower sublimit is specified,in which case the sublimit is the maximum the purpose of investigation and/or defense; amount we will pay for the type of covered occurrence to which the sublimit applies.The Each 6. providing all documents and Information we may reasonably request,including authorizing Occurrence Limit,or any sublimit,will be in excess of any applicable retention and will be a part us to obtain records;and of,and not in addition to,any applicable coverage part limit. 7. pursuing your right of recovery from others. E. General liability coverage If you have purchased a General Liability Coverage Part,additional rules for applying limits are part limits contained in Section IV.Limits of liability,of that Coverage Part. C. Your obligation not to You must not make any payment,incur apy expense,admit any liability,assume any obligation,or incur any expense or enter into any settlement negotiations or agreements without our prior consent.If you do so,it will F. Commercial umbrella If you have purchased a Commercial Umbrella Coverage Part,additional rules for applying limits admit liability be at your own cost and expense. coverage part limits are contained in Section IV.Limits of liability,of that Coverage Part. D. Your representations You warrant that all representations made and all materials submitted by you or on your behalf in G. Related claims All related claims,regardless of when made,wilt be treated as one claim,and all subsequent connection with the application for this policy are true,accurate,and not misleading,and agree related claims will be deemed to have been made against you on the date the first such claim and understand that they were relied on by us and were material to our decision to issue this was made.If,by operation of this provision,the claim is deemed to have been made during any policy to you.If we learn any of the representations or materials were untrue,inaccurate,or period when we insured you,it will be subject to only one retention and one Each Claim Limit misleading in any material respect,we will have no obligation to make any payments in connection regardless of the number of claimants,insureds,or claims involved. with any claim,event,occurrence,or other covered matter arising from untrue,inaccurate,or misleading facts that were not accurately and completely disclosed in the application. H. Shared limits If you have purchased more than one of the following Coverage Parts: 1. Cyber Coverage Part; 2. Technology Professional Liability Coverage Part;or IV. Optional 1. If we or the named Insured cancel or non-renew this policy,then the named Insured will period have the right to purchase an optional extension period for the duration and at the 3. Digital Media Liability Coverage Part, extensionpercentage of the expiring premium stated in Item 5 of the Declarations.The optional then the coverage part limits applicable to those Coverage Parts will be shared,and any extension period,if purchased,will start on the effective date of cancellation or non-renewal. payments we make under one Coverage Part,other than coverage enhancements or other items However,the right to purchase an optional extension period will not apply if: we have expressly agreed to pay in addition to the limit,will reduce the coverage part limits for a. this policy is canceled by us for nonpayment of premium;or all Coverage Parts. b. the total premium for this policy has not been fully paid. If the applicable coverage part limits are different,the maximum amount we will pay for covered 2. The optional extension period will apply only to claims that: amounts under all Coverage Parts combined,other than coverage enhancements or other items we have expressly agreed to pay in addition to the limits,will be the highest available coverage a. are first made against you and reported to us during the optional extension period;and WCL P0001 CW(02/21) Page 1 of 5 WCL P0001 CW(02/21) Page 2 of 5 L. r Eli? A% HISCOX PRO- HISCOX PRO; General Terms and Conditions General Terms and Conditions b. arise from your professional services performed,or a breach,data breach,offense, We will not cancel this policy solely because of a change in control,but unless you and we agree or occurrence that takes place,on or after the retroactive date but prior to the in writing otherwise,after the effective date of any change in control,this policy will cover only effective date of cancellation or non-renewal of this policy. claims arising from professional services performed,or breaches,data breaches,offenses,or 3. The additional premium will be fully earned at the inception of the optional extension period. occurrences that took place,prior to the change in control. 4. Notice of election and full payment of the additional premium for the optional extension E. Coverage territory This policy will apply to your professional services performed,and breaches,offenses,events, period must be received by us within 30 days after the effective date of cancellation or non- or occurrences that take place,anywhere in the world,provided that any action,arbitration,or renewal,otherwise any right to purchase the optional extension period will lapse. other proceeding(tf you have purchased a relevant Coverage Part)is brought within the United The limits of liability applicable during any purchased optional extension period will be the States,its territories or possessions,or Canada. remaining available coverage part limit.There will be no separate or additional limit of liability F. Estates,heirs,legal In the event of an employee's death or disability,this policy will also apply to claims brought available for any purchased optional extension period. representatives,spouses, against the employee's: The right to purchase an optional extension period will apply only to Coverage Parts you have and domestic partners 1. heirs,executors,administrators,trustees in bankruptcy,assignees,and legal purchased that include coverage written on a claims-made or loss occurring and discovered basis, representatives;or and not to any Coverage Parts written on an occurrence basis. 2. lawful spouse or lawful domestic partner, but only: V. Other provisions a. for a covered claim arising from the scope of the employee's work for you;or ---- —--The following provisions apply to all Coverage Parts.yoahave purchased.-If there Is a conflict----— ------- - - - ------- -- ----—-- - --- ----- affecting between any of the provisions here and a provision contained in a Coverage Part,then the b. In connection with their ownership interest in property which the claimant seeks as recovery coverage provision in the Coverage Part will govern the coverage provided under that Coverage Part. in a covered claim arising from the scope of the employee's work for you. A. Alteration and assignment No change in,modification of,or assignment of interest under this policy will be effective unless G. False or fraudulent claims If any Insured commits fraud In connectign with any claim,potential claim,breach,offense, made by written endorsement to this policy signed by our authorized representative. event,or occurrence,whether regarding the amount or otherwise,this insurance will become void as to that Insured from the date the fraud is committed. B. Bankruptcy or insolvency Your bankruptcy or insolvency will not relieve us of any of our obligations under this policy. H. Other insurance Any payment due under this policy is specifically excess of and wit not contribute with any other tithe named Insured is unable to pay the retention due to its bankruptcy or insolvency,we will valid and collectible insurance,unless such other insurance is written specifically as excess advance such payment and make commerdally reasonable best efforts to issue payment of covered insurance over this policy.However,if you have purchased a General Liability Coverage Part, amounts within the applicable retention within 60 days after we receive all documentation rules for how that Coverage Part will be treated when them is other valid and collectible insurance necessary to enable us to make such payment,including but not limited to,a written order from a are contained In Section V.Other provisigns affecting coverage,D.Other insurance,of that court permitting us to make such payment.However,we will retain the right to recover the amount Coverage Part of such advanced covered amounts from the named Insured or the debtor-in-possession(or foreign equivalent).Such right of recovery will be independent from our subrogation rights under this If the same claim or related claims,breach,event or related events,or occurrence is covered policy or any other rights we may have under applicable law. under more than one Coverage Part,we will pay only under one Coverage Part,which will be the Coverage Part that provides the most favorable coverage. C. Cancellation 1. This policy may be canceled by the named insured by giving written notice,which must include the date the cancellation will be effective,to us at the address stated in the I. Subrogation In the event of any payment by us under ibis policy,we will be subrogated to all of your rights of Declarations. recovery to that payment. 2. This policy may be canceled by us by mailing to the named insured by registered,certified, You will do everything necessary to secure and preserve our subrogation rights,including but not or other first class-mail(or by email where allowed by applicable law),at the named limited to the execution of any documents necessary to allow us to bring suit in your name. Insured's address(or email address)stated in Item 1 of the Declarations,written notice You will do nothing to prejudice our subrogation rights without our prior written consent. which must include the date the cancellation will be effective.The effective date of the cancellation will be no less than 60 days after the date of the notice of cancellation,or ten Any recovery first will be paid to you up to the amount of any retention you have paid,and then days lithe cancellation is due to nonpayment of premium. to us up to the amount of any covered amounts we have paid. 3. The mailing(or emailing)of the notice will be sufficient proof of notice,and this policy will J. Titles Titles of sections of and endorsements to this policy are inserted solely for convenience of terminate at the date and hour specified in the notice. reference and will not be deemed to limit,expand,or otherwise affect the provisions to which they 4. If this policy Is canceled by the named insured,we will retain the customary short rate relate. proportion of the premium. 5. If this policy is canceled by us,we will retum a pro rata proportion of the premium. 6. Payment or tender of any unearned premium by us will not be a condition precedent to the VI. Definitions The following definitions apply to all Coverage Parts you have purchased.If the same term is cancellation,but such payment will be made as soon as possible. applicable to all defined here end Ina Coverage Part,then the definition in the Coverage Part will govern the D. Change in control If,during the policy period identified in Item 2 of the Declarations,the named insured Coverage Parts coverage provided under that Coverage Part. consolidates with,merges Into,or sells all or substantially all of its assets to any other person or Application means the signed application for the policy and any attachments and materials submitted with that entity,or any other person or entity acquires ownership or control of the named insured,then the application.If this policy is a renewal or replacement of a previous policy issued by us, named insured will provide us written notice no later than 30 days after the effective date of such application also Includes all previous signed applications,attachments,and materials.If a change in control,together with any other information we may require. midterm change Is made by us,application also includes all applications,attachments,and WCL P0001 CW(02/21) Page 3 of 5 WCL P0001 CW(02121) Page 4 of 5 HISCOX PRO" HISCOX PROS" General Terms and Conditions Architects,Engineers,and Construction Managers Professional Liability Coverage Part materials submitted in connection with that change. -- -- - -- - - - - - I. Insuring We will pay up to the Professional Liability coverage part limit stated in the Declarations for It is understood and agreed that any information provided in the application Is incorporated into, damages and claim expenses in excess of the retention for covered claims against you and forms a part of,this policy. agreement— alleging a negligent act,error,or omission in your professional services performed by you or What is covered anyone an your behalf on or after the retroactive date,provided the claim is first made against Coverage part limit means the amount stated in the Declarations as the aggregate limit applicable to each Coverage you during the policy period and is reported to us in accordance with Section V.Your Part you have purchased which is subject to an aggregate limit obligations. Covered amounts means any amounts we have expressly agreed to pay under any Coverage Part you have purchased. II. Employee means any past,present,or future: Coverage enhancements 1. employee(including any part-time,seasonal,leased,or temporary employee or any and sublimits volunteer); 2. partner,director,officer,or board member(or equivalent position);or Enhancements and sublimits We will also make the following payments,provided you report such matters to us in accordance 3. independent contractor; Coverage to the entire with Section V.Your obligations: Coverage Part of a named Insured,but only while in the course of their performance of work or services on —behalf of or at the direction of thenamedinsured. —--- ---- — --- _ -- -- - —Pollution liability-- ----A.---We will pay up to the Professional Liability coverage part limit stated-in the Declarations for- -- damages and claim expenses in excess of the retention for any pollution liability claim, Insolvency means the: provided the claim alleges a negligent act,error,or omission in your professional 1. appointment by any government official,agency,commission,court,or other governmentalservices performed by you or anyene on your behalf on or after the retroactive date and authority of a receiver,conservator,liquidator,trustee,rehabilitator,or similar official to take is first made against you during the policy period. control of,supervise,manage,or liquidate an insolvent named insured; You must pay the retention stated in the Declarations in connection with any payment we 2. filing of a petition under the bankruptcy laws of the United States;or make under this subsection A,and any payments we make will be a part of,and not in addition to,the coverage part limit,. 3. foreign equivalent of 1 or 2 above. Crisis management B. We will pay up to the Crisis Management limit stated in the Declarations for the reasonable Named insured means the individual,corporation,partnership,limited liability company,limited partnership,or and necessary fees,costs,and expenses you incur with our prior written consent for a other entity identified in Item 1 of the Declarations. public relations firm to assist you in responding to a crisis management event,provided the crisis management event occurs during the policy period and it relates to your Policy period means the period of time identified in Item 2 of the Declarations,and any optional extension professional services performed qn or after the retroactive date. period,if purchased. You must pay the retention stated in the Declarations in connection with any payment we Professional services means those services identified as Covered Professional Services or Covered Creative Services make under this subsection B,and any payments we make will be a part of,and not in under any Coverage Part on the Declarations containing such a description. addition to,the coverage part limit. Related claims means all claims that are based upon,arise out of,or allege: Media and advertising C. We will pay up to the Media and Advertising Activities limit stated in the Declarations for activities coverage damages and claim expenses for any media activities claim against you,provided the 1. a common fact,circumstance,situation,event,service,transaction,cause,or origin; claim is first made against you duripg the policy period and it relates to your professional 2. a series of related facts,circumstances,situations,events,services,transactions,sources, services performed on or after the retroactive date. causes,or origins; You must pay the retention stated in the Declarations in connection with any payment we 3. a continuous or repealed act,error,or omission in the performance of your professional make under this subsection C,and any payments we make will be a part of,and not in addition to,the coverage part limit. services;or • 4. the same breach,event,occurrence,or offense. The determination of whether a claim is related to another claim or claims will not be affected by Additional payments We will also make the following payments,provided you report such matters to us in accordance the number of claimants or Insureds involved,causes of action asserted,or duties involved. with Section V.Your obligations.No retention will apply to amounts we pay under the following subsections,and such amounts will be in addition to,and not part of,the coverage part limit. Retention means the amount or time identified as such in the Declarations. Defense of licensing D. We will pay up to the Defense of Licensing Proceedings limit stated in the Declarations for Retroactive date means the date identified as such in the Declarations. proceedings the reasonable and necessary fees,costs,and expenses incurred with our prior consent in the Investigation,defense,or appeal of any state,federal,or other licensing board Inquiry or We,us,or our means the Underwriters Identified on the Declarations as issuing this policy. proceeding concerning your eligibility or license to engage In your professional services, provided you first receive notice of such inquiry or proceeding during the policy period and You,your,or Insured means any individual or entity expressly described as an insured in any Coverage Part you have it relates to your professional services performed on or after the retroactive date. purchased. FHA/OSHA/ADA regulatory E. We will pay up to the FHA/OSHA/ADA Regulatory Proceedings limit stated in the proceedings Declarations for the reasonable and necessary fees,costs,and expenses incurred with our prior consent In the investigation,defense,or appeal of any regulatory or administrative WCL P0001 CW(02/21) Page 5 of 5 wCLPNE P0001 cw(10/19) Page 1 a110 • 4 X5.0 HISCOX PRO" HISCOX PRO Architects,Engineers,and Construction Managers Architects,Engineers,and Construction Managers Professional Liability Coverage Part Professional Liability Coverage Part proceeding against you arising out of any actual or alleged violation of the Fair Housing Act b. the named Insured provides us wi,i1 information related to such creation or acquisition as (FHA),Occupational Safety and Health Act(OSHA),Americans with Disabilities Act of 1990 we may reasonably require; (ADA),or any state law equivalents,provided you first receive notice of such proceeding c. the named Insured accepts any special terms,conditions,exclusions,or additional during the policy period and it directly results from your performance of professional premium charge as we may reasonably require-'and services on or after the retroactive date. d. we agree by written endorsement to provide such coverage. Pre-claim assistance F. We will pay up to the Pre-Claim Assistance limit stated in the Declarations for the This policywill apply to an acquired entity only with respect to our professional services reasonable and necessary fees,costs,and expenses we incur to investigate or monitor a potential claim arising out of your professional services performed on or after the performed after the acquisition,merger,or creation and while the named insured maintains retroactive date,provided you first become aware of the circumstances leading to the management control of the acquired entity. potential claim during the policy period.Our obligation to make any payments under this Insured organization means: subsection F will cease when a claim is made against you arising out of the same circumstances as the potential claim we investigated or monitored. 1. the named insured; Subpoena assistance G. We will pay up to the Subpoena Assistance limit stated in the Declarations for the 2. a subsidiary; reasonable and necessary fees,costs,and expenses Incurred with our prior consent to 3. a joint venture;or respond to a subpoena arising from the performance of your professional services, 4. an acquired entity. _ _ _ _ provided you first receive service of such subpoena during the policy period,and It relates to your professional services performed on or after the retroactive date. Employee means any past,present,or future: Supplemental payments H. We will pay reasonable expenses,including loss of wages and a$250 travel per diem, 1. person employed by an Insured organization as a permanent,part-time,seasonal,leased, incurred by you if we require you to attend depositions,arbitration proceedings,or trials in or temporary employee,or any volunteer,or connection with the defense of a covered claim,but we will not pay more than an aggregate 2. partner,director,officer,or board member(or equivalent position)of an Insured of$10,000 per claim for such expenses,regardless of the number of Insureds. organization, but only while in the course of their performance of professional services on behalf of or at the direction of such Insured organization. 111. Who is an For purposes of this Coverage Part,you,your,or insured means a named Insured,subsidiary, insured joint venture,acquired entity,insured organization,employee,Independent contractor,or independent contractor means any person contracted by an Insured organization to perform the same professional additional Insured,as defined below: services as the Insured organization,and whose income is reported to the Internal Revenue Service on Form 1099-MISC,but only while in the course of their performance of professional Named Insured means the individual,corporation,partnership,limited liability company,limited partnership,or other services on behalf of or at the direction of such insured organization. entity identified in Item 1 of the Declarations. Independent contractor does not include any subcontractors contracted by another Subsidiary means any entity of which the named insured has direct management control before or as of independent contractor or an Insured organization. the inception of the policy period. Additional insured means any project owner or client an insured organization has agreed in a written contract or Joint venture means an unincorporated business enterprise in which the named Insured or subsidiary agreement to add as an additional Insured toe policy providing the type of coverage afforded by participates pursuant toe written joint venture agreement,but only: this Coverage Part,provided the contract or agreement 1. with respect to professional services performed by the named insured or subsidiary;and 1. Is currently In effect or becomes effective during the policy period;and 2. for the same percentage of covered damages and claim expenses as the percentage of 2. was executed before the performance of professional services out of which the claim the named Insured's or subsidiary's participation in the joint venture, arises. Coverage is available for additional insureds solely for claims: Acquired entity means any entity. a. alleging a negligent act,error,or omission in professional services performed by an 1. in which the named Insured: insured organization or on an insured organization's behalf;and a. acquires substantially all of the assets; b. that remain pending against an Insured organization along with such additional Insured. b. acquires the majority of its voting securities,as a result of which it becomes a There will be no coverage under this Coverage Part for any liability arising out of the sole subsidiary;or negligence of the additional insured. c. merges and leaves the named Insured as the surviving entity;or 2. that the named insured creates as a subsidiary, during the policy period. IV. Defense and With respect to en acquired entity whose revenues exceed 10%of the annual revenues of the settlement of named insured at the time of Its creation or acquisition,any coverage under this policy will expire claims 90 days after the effective date of Its creation or acquisition unless,within such 90 day period: a. the named Insured provides us with written notice of such creation or acquisition; W CLANS P0001 CW(10119) Page 2 of 10 WCLANE P0001 CW(10119) Page 3 er 10 I �� r a� Eli. HISCOX PRO Architects,Engineers,and Construction Managers HISCOX PRO Architects,Engineers,and Construction Managers Professional Liability Coverage Part Professional Liability Coverage Part Defense We have the right and duty to defend any covered claim,even if such claim is groundless,false, or fraudulent. b. unfair competition,impairment of competition,restraint of trade,or antitrust violations; We have the right to select and appoint counsel to defend you against a covered claim. c. violation of the Sherman Anti-Trust Act,the Clayton Act,the Robinson-Patman Act,all including as may be amended,or any similar federal,state,or local statutes,rules,or Settlement We have the right to solicit and negotiate settlement of any claim but will not enter into a regulations in or outside the U.S.;or settlement without your consent,which you agree not to withhold unreasonably.If you withhold d. false,deceptive,or misleading advertising. consent to a settlement recommended by us and acceptable to the party who made the claim, the most we will pay for that claim is the sum of: Breach of contract,guarantee, 2. based upon or arising out of any actual or alleged breach of any contract or agreement, 1. the amount of our recommended settlement; or warranty breach of express warranties or guarantees,or any liability of others that you assume under 2. claim expenses incurred up to the date of our recommendation; any contractor agreement;however,this exclusion will not apply to any: 3. 70%of all claim expenses incurred after our recommendation;and a. liability you would have in the absence of the contract,agreement,warranties,or guarantees;or 4. 70%of all damages in excess of the settlement amount recommended by us. b. warranty or guarantee to perform your professional services consistent with applicable industry standards er with reasonable skill or care. V. Your obligations Criminal proceedings 3. based upon or arising out of any claim brought in the form of a criminal proceeding, --_—_ __ _ ___ including,but not limited to a criminal investigation,grand jury proceeding,or criminal action._ Notifying us of claims and You must give written notice to us of any claim,or any other matter covered under Section Il. Employer liability 4. based upon or arising out of any actual or alleged: coverage enhancements Coverage enhancements and sublimits,as soon as possible,but in any event,no later than 60 days after the end of the policy period. a. obligation under any workers'compensation,unemployment compensation,employers' All such notifications must be in writing and include a copy of the claim or other covered matter, liability,fair labor standards,labor relations,wage and hour,or disability benefit law, and must be submitted to us via the designated email address or mailing address identified in including any similar provision$of any foreign,federal,state,or local statutory or Item 6 of the Declarations. common law; b. liability or breach of any duty of obligation owed by you as an employer or prospective Notifying us of potential You have the option of notifying us of potential claims that may lead to a covered claim against employer, claims you. c. harassment,wrongful termination,retaliation,or discrimination,including but not limited In order to do so,you must give written notice to us as soon as possible and within the policy to adverse or disparate impact or period,and the notice must,to the greatest extent possible,identify the details of the potential d. bodily injury sustained by an insured or any employee of an insured. claim,including identifying the potential claimant(s),the likely basis for liability,the likely demand However,part c of this exclusion will not apply to a covered claim for third party for relief,and any additional information about the potential claim we may reasonably request. discrimination. The benefit to you of notifying us of a potential claim is that if an actual claim arises from the Excluded media activities 5. with respect to any media activities claim only,based upon or arising out ot same circumstances as the propedy notified potential claim,then we will treat that claim as if it had first been made against you on the date you property notified us of it as a potential claim, claims a. any content provided to you by your client;however,we will pay claim expenses for even if that claim is first made against you after the policy period has expired. any claims against yor based upon or arising out of such content; All potential claim notifications must be In writing and submitted to us via the designated email b. the actual goods,products,or services described,depicted,illustrated,or displayed in address or mailing address identified in Item 6 of the Declarations. any communication created by you or anyone on your behalf; c. any actual or alleged copyright infringement related to software or code; Retention Our obligation to pay damages,claim expenses,or any other covered amounts under this d, any content posted or created joy any director,officer,or employee in their personal Coverage Part is in excess of the applicable retention,which you must pay in connection with capacity for non-business purposes,whether or not such content is created during each covered claim or other covered matter. working hours or on your premises;or If a claim is resolved without payment of any damages by us,and the entire retention is satisfied e. any reviews,messages,or posts to any website,social media platform,or account by a by your payment of claim expenses and/or damages.then we will reimburse you for up to 50% third without your consent. of the retention or$25,000,whichever is less. Excluded statutory violations 6. based upon or arising out of any actual or alleged violation of the following laws: VI. Exclusions— a. the Securities Act of 1933; What is not b. the Securities Exchange Act of 1934; We will have no obligation to pay any sums under this Coverage Part,including damages or c. any state blue sky or securities.laws; covered claim expenses,for any claim or other matter covered under Section II.Coverage enhancements and sublimits: d. the Racketeer Influenced and Corrupt Organizations Act,18 U.S.C.§1961 et seq.;or e. the Employee Retirement Income Security Act of 1974, Antitrust/deceptive trade 1. based upon or arising out of any actual or alleged: practices a. false,deceptive,or unfair trade practices; W CLANE P0001 CW(10/19) Page 4 of 10 =LANE P0001 CW(10/19) Page 5 of 10 HISCOX PRO"Architects,Engineers,and Construction Managers HISCOX PRO"Architects,Engineers,and Construction Managers Professional Liability Coverage Part Professional Liability Coverage Part all including as may be amended,or any similar provisions of any foreign,federal,state,or local statutory or common law and any rules or regulations promulgated under such laws. Prior acts/notice/knowledge 15. based upon or arising out of any actual or alleged breach of duty or negligent act,error,or omission that Failure to maintain insurance 7. based upon or arising out of your actual or alleged failure to procure or maintain adequate a. was committed prior to the retroactive date; or bonds insurance or bonds. b. was the subject of any notice given under any other policy of which this policy is a Improper billing 8. based upon or arising out of any actual or alleged inaccurate,improper,or fraudulent billings renewal or replacement; or invoices,including but not limited to a qui tam action or any action under the False Claims c. was the subject of,or Is related to,any prior or pending litigation,claim,written demand, Act,as may be amended,or any similar provisions of any foreign,federal,state,or local arbitration,administrative or regulatory proceeding or investigation,or licensing statutory or common law. proceeding that was filed or commenced against you and of which you had notice prior Insured vs.Moored 9. brought by or on behalf of one insured or affiliate against another insured or affiliate; to the policy period;or however,this exclusion will not apply to a claim brought by any additional Insured against d. you had knowledge of prior to the policy period,and there was a reasonable basis to another insured based upon or arising out of any other Insured's performance of believe that the act,error,or omission could result in a claim. professional services for the additional insured. However,if this policy is a renewal or replacement of a previous policy we issued that Intentional acts 10. based upon or arising out of any actual or alleged fraud,dishonesty,criminal conduct,or any provided materially identical coverage,and is part of an unbroken chain of successive knowingly wrongful,malicious,or intentional acts or omissions,except that: policy p indissued by us,the policy period referred to in paragraphs c and d,above,will be the policy period of the first such policy we issued. - --- -- - - - - ---- — - -a.--we-will pay claim expenses until there is a final adjudication establishing such conduct; --- and Privacy 16. based upon or arising out of any actual or alleged: b. this exclusion will not apply to an otherwise covered media activities claim. a. unauthorized acquisition,access,use,or disclosure of,improper collection or retention This exclusion will apply to the named insured only if the conduct was committed or of,or failure to protect any non-public personally identifiable information or any Th This excommitted any: confidential or proprietary corporate information that is in your care,custody,or control; alleor i. partner,director,officer,or member of the board(or equivalent position)of the named b. violation of any privacy law or consumer data protection law protecting against the use, Insured;or collection,or disclosure of anyilnformation about a person or any confidential corporate ii. employee of the named Insured if any partner,director,officer,or member of the board information. (or equivalent position)of the named insured knew or had reason to know of such conduct by the employee. Site-spec pollution 17. based upon or arising out of any adlual or alleged: This exclusion will apply separately to each Insured and will not apply to any Insured who a. treatment,storage,or disposal of any pollutants at any location,including transportation did not commit,participate in,acquiesce to,or ratify such conduct committed by another to or from any such location;or insured. b. presence of pollutants on any property or facilities owned or rented by you. Job site safety 11. based upon or arising out of any actual or alleged job site safety obligations,including but Subsidiary outside control of 18. a. based upon or arising out of professional services performed by or on behalf of a past not limited to: named insured or present subsidiary while thg named Insured does not have management control of a. the failure to protect any property or persons; it or b. the preparation of or failure to prepare any safety precautions or procedures in b. made against a subsidiary or anyone acting on its behalf while the named Insured connection with any project,including but not limited to first aid stations,temporary does not have management control of it utilities,fencing or signs,crane erection,scaffolding,or barricades; Technology services 19. based upon or arising out of: c. project clean up or demolition;or a. any actual or alleged defect in any software,hardware,firmware,or associated network d. supervision of the safety obligations of others. cabling that is solely caused by a third party,including but not limited to any third party software supplier,manufacturer,or originator, Manufacture of goods/ 12. based upon or arising out of any goods that are manufactured,sold,handled,designed or products distributed by you or anyone under your license;however,this exclusion will not apply to: b. any costs or expenses involved in the repair,upgrade,correction,recall,or replacement of any software,hardware,firmware,or associated network cabling; a. software sold or supplied by you to your clients in connection with your professional services;or c. your commercial decision to cease providing technology services; b. goods or products installed or incorporated in your work which have been specifically d. any self-replicating,malicious code,whether or not targeted to your computer system;or designed by you or on your behalf by a licensed or trained design professional for use e. your actual or alleged solicitation,recruiting,or hiring of employees or workers from a in a specific project past or current employer of an Insured. Misappropriation of funds 13. based upon or arising out of the actual or alleged theft,misappropriation,commingling,or Unsolicited telemarketing 20. based upon or arising out of any actual or alleged violation of any federal,state,local,or conversion of any funds,monies,assets,or property. foreign statutes,ordinances,or regulations relating to unsolicited telemarketing,solicitations, emails,faxes,test messages,or any other communications of any type or nature,including Patent/trade secret 14. based upon or arising out of any actual or alleged infringement,use,disclosure,or but not limited to the Telephone Consumer Protection Act,CAN-SPAM Act,or any'anti- misappropriation of any patent or trade secret. spam"or"do-not-call"statutes,ordinances,or regulations. WCLANE P0001 CW 110/191 Page 9 0/10 WCLANE P0001 CW(10119) Page 7 of 10 -,,,fry mLl efea HISCOX PRO-Architects,Engineers,and Construction Managers HISCOX PRO Architects,Engineers,and Construction Managers Professional Liability Coverage Part Professional Liability Coverage Part c. the return,reduction,or restitution of fees,commissions,profits,or charges for goods provided VII. Definitions The following definitions apply to this Coverage Part.Additional definitions are contained in Section or services rendered; III.Who is an insured,and in the General Terms and Conditions,Section VI.Definitions applicable to all Coverage Parts. d. liquidated or multiple damages; Affiliate means: e. restitution,disgorgement of profits,apy advantage to which you were not legally entitled,or unjust enrichment;or 1. any person or entity which wholly or partly owns,operates,controls,or manages the named f. the cost of complying with injunctivelfelief. Insured; 2. any entity: Insured organization means: a. which was operated,controlled,or managed by the named insured;or 'I. the named insured; b. in which any insured has an ownership interest of 25%or more, 2. a subsidiary; at any time during or after the performance of the professional services giving rise to the 3. a Joint venture;or claim;or 4. an acquired entity. 3. any entity for which any Insured is an officer or director at the time the claim is made. Affiliate does not include a subsidiary or acquired entity. Management control means having: -- -- t an ownership interest of more than50%; Bodily injury means physical injury,sickness,disease,or death sustained by a person,which directly results from your performance of professional services,and any resulting humiliation,mental injury, 2. an ownership interest representing more than 50%of the voting,appointment,or designation mental anguish,emotional distress,suffering,or shock power for the selection of a majority of the board of directors,the management committee members,or the members of the management board,whichever is applicable;or Bodily injury also includes medical monitoring that is the direct result of any oldie above injuries. 3. the right,whether by law,contract,or otherwise,to elect,appoint,or designate a majority of Claim means any written assertion of liability or any written demand for financial compensation or non- the board of directors,the management committee,or the management board,whichever is monetary relief. applicable. Claim expenses means the following sums Incurred in excess of the retention and with our prior written consent: Media activities claim means a claim arising from the publication,dissemination,or release of information or materials on 1. all reasonable and necessary fees,costs,and expenses(including the fees of attorneys and an insured organization's website or on a social media page sponsored by an insured experts)incurred in the investigation,defense,or appeal of a claim;and organization for any actual or alleged: 2. premiums on appeal bonds,attachment bonds,or similar bond,but we will have no obligation 1. copyright infringement,trademark infringement,trademark dilution,trade dress infringement, to apply for or furnish any such bonds. publicity rights violations,or any misappropriation of content,formats,characters,trade names,character names,titles,voices,slogans,graphic material,or artwork; Crisis management event means the public announcement of any of the following events which,in your good faith opinion, 2. invasion of privacy,including intrusion upon seclusion,publication of private facts,false light, had or is reasonably likely to have an adverse impact on your reputation: or misappropriation of name or likeness; 1. an actual or alleged negligent act,error,or omission in the performance of your professional - 3. infliction of emotional distress or outrage; services; 4. defamation,including but not limited to libel,slander,trade libel,product disparagement,and 2. the death,incapacity,or criminal indictment of any partner,director,officer,or board member injurious falsehood;or (or equivalent position)of the named Insured;or 5. negligence in connection with the content of an Insured organization's website or social 3. an employee was the victim of a violent crime while on the named Insured's premises. media page sponsored by an insured organization,including but not limited to any claim Damages means the following amounts incurred in excess of the retention: alleging harm to a person or entity who acted or failed to act in reliance on such content 1. a monetaryjudgment or monetaryaward thatyou are legally obligated to pay(includingre- Media activities claim also includes a claim alleging personal and advertising injury. j 9 9 Y 9 P or post-judgment interest and awards of claimant's attorney fees);or Personal and advertising means injury,other than bodily injury or property damage,arising out of one or more of the 2. a monetary settlement negotiated by us with your consent injury following offenses: Damages includes punitive damages to the full extent they are insurable under the law of any 1. false arrest,detention,or imprisonment; applicable jurisdiction that most favors coverage. 2. malicious prosecution; Damages also includes civil fines and penalties assessed against you in the course of your 3. wrongful eviction from,wrongful entry into,or invasion of the right of private occupancy of professional services to the full extent they are insurable under the law of any applicable premises; jurisdiction that most favors coverage. Damages will not mean: 4. slander,libel,or defamation,or disparagement of goods,products,or services,whether in connection with your professional services or your advertising of it;or a. taxes or sanctions; 5. oral or written publication of material,whether in connection with your professional services b. overhead costs,general business expenses,salaries,or wages incurred by you,including the or your advertising of that violates a person's right of privacy. costs of recalling,producing,reproducing,or reprinting any media content or the costs of any services incurred in connection with such activities; W CLANS POOD1 CW(10/19) Pagel)of 10 WCLANE P0001 CW(10119) Page 9 of 10 L. Ifr H IS.COX PRO- Architects,Engineers,and Construction Managers Professional Liability Coverage Part Pollutants means any solid,liquid,gaseous,biological,radiological,or thermal irritant or contaminant, including smoke,vapor,dust,asbestos,silica,nanoparticles,fibers,mold,spores,fungi,soot, fumes,acids,alkalis,chemicals,nuclear materials,bacteria,viruses,and waste.Waste includes, but is not limited to,materials to be recycled,reconditioned,or reclaimed. Pollution liability claim means a claim against you arising out of any actual,alleged,or threatened discharge,dispersal, release,or escape of pollutants directly resulting from your performance of professional services and includes the reasonable and necessary fees,costs,and expenses you incur with our prior consent to test for,monitor,clean up,remove,contain,treat,detoxify,or neutralize pollutants. Potential claim means any acts,errors,or omissions of an insured or other circumstances reasonably likely to lead to a claim covered under this policy. Professional services means only the following services performed for others for a fee: 1. those services requiring specialized knowledge,skill,training,experience,education, certification,or licensing rendered in the capacity of an architect,engineer,landscape _ _—__ ___ - ___--_ _—_—__.architect,land surveyor or-planner,.constmction manager,-program-manager,project manager,- - ----- ---- - -- --------------- -- ------ ------- ---- ------- — - -------- owner's representative,LEED accredited professional,interior designer,scientist,technical consultant,design consultant,environmental consultant,construction consultant,or forensic consultant;and 2. ordinary technology services rendered in the course of any of the services in part 1 above, including your use of a drone,and the design,development,programming,analysis,training, use,hosting,management,support,or maintenance of any software,database,intemet service,or website. Professional services also Includes the above services you perform pro bono with the prior knowledge and consent of the named insured. For purposes of this definition,"drone"means any unmanned aircraft system without a human pilot onboard that(i)is controlled by an operator on the ground;and(ii)weighs 55 pounds or less. Property damage means physical damage to or destruction of any tangible property which directly results from your performance of professional services,and any resulting loss of use of that property. Retention means the applicable amount(s)stated as such under the Architects,Engineers,and Construction Managers Professional Liability Coverage Part section of the Declarations,including any amount that corresponds to a specific coverage enhancement or sublimit in this Coverage Part. Third party discrimination means any non-physical harassment of or unlawful discrimination against a person or entity other than an Insured or an employee of an insured,including any resulting violation of civil rights,but only if such harassment or discrimination directly results from your performance of professional services. You,your,or Insured means a named insured,subsidiary,joint venture,acquired entity,Insured organization, employee,Independent contractor,or additional Insured,as defined in Section III.Who is an insured. VIII.Other provisions affecting coverage Waiver of subrogation A. With respect to any payment we make under this Coverage Part for any claim arising from your professional services performed for any client of yours,we agree to waive any right of recovery we may have against such client,provided you have agreed in a written contract or agreement prior to your performance of the professional services giving rise to the claim to waive your rights of recovery against such client. WCLANE P0001 CW 1101191 Page 10 of 10 HUB INTERNATIONAL NORTHWEST LLC PO BOX 10167 �• EUGENE OR 97440-2167 CITY OF ASHLAND 20 E MAIN ST ASHLAND OR 97520-1814