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Insurance Certificate: TR International Trading CO.
�� S :--. •'J: - r.''�` ,'fit p ,; +, x s' i , • � �� _..t t,; • t. Client#. 1170753 TRINTINC A'CORD." 'CERTIFICATE`OF LIABILITY INSURANCE . ',.• . DATE(MM,D°". . ' ;. • ., , ;00-111023 . z•. , 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 = • - ENDORSEMENT No. ' This endorsement,effective 12:01 AM,9/1/2023 ., ' Forms a of Policy No:14260761-05 Issued to:TR International Trading Company dba TRinternational Inc By:AIG Specialty Insurance Company • • THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. • ADDITIONAL INSURED VENDORS ENDORSEMENT-PRIMARY AND NON-CONTRIBUTORY • i This endorsement modifies insurance provided under the following: . - COMMERCIAL GENERAL LIABILITY AND , • , . ' ' , POLLUTION LEGAL LIABILITY COVERAGE FORM ' SCHEDULE • Name of Person(s)or Organizations)(Vendor):, Where required by written contract. • Your Products: , , All products sold,distributed,or handled by,or on behalf of,the'Named Insured , I Solely as respects Coverages A, E-1;E-2 and E-3, if applicable,SECTION II WHO IS AN.INSURED is amended to include as an . insured any person(s) or organization(s) (referred to herein asthe "vendor") shown in the Schedule.above, but only'with • ' ' respect to bodily injury, property damage, environmental damage, or emergency response costs arising out of your( products shown in the Schedule above which are distributed or sold in the regular course of the vendor's business,subject to • all of the terms and conditions of this Policy and the additional following exclusions,terms and conditions: ' 1. The insurance afforded the vendor does not apply to: - , • , , a:'. Bodily injury, property damage, environmental damage, or emergency response costs for which'the vendor is, obligated to pay damages by reason of the assumption of liability in a contract or agreement.This exclusion does'not' • i' apply to liability for damages that the vendor would have in the absence of the contract or agreement; '• , • b. Any express warranty unauthorized by you; . c. Any physical or chemical change in your product made intentionally by the vendor; I d. • Repackaging,except when unpacked solely for the purpose of inspection;demonstration,testing,or the substitution of parts under instructions from the manufacturer,and then repackaged in the original container; e. Any failure to make such inspection's, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of your product n f. Demonstration, installation, servicing or repair, operations, except such'operations performed at the 'vendor's premises in connection with the sale of your product; 103388(10/09) CI4401 'PAGE 1 OF 2' ' ENDORSEMENT NO.10 CONTINUED g. Your product which,after distribution or sale by you,has been labeled or relabeled,or used as a container, part or ingredient of any other thing or substance, by or for the vendor;or h. Bodily injury, property damage, environmental damage or emergency response costs arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting ° on its behalf. However,this exclusion does not apply to: (1) The exceptions contained in Sub-paragraphs d.or f.above;or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of your product. - . 2. This insurance does not apply to any products you have acquired from a vendor,or any ingredient, part or - • container,entering into,accompanying or containing such products. .. 3. Solely with respect to the coverage afforded to the vendor pursuant to this Endorsement, SECTION•IV- , CONDITIONS,paragraph 4.Other Insurance is deleted in its.entirety and replaced with the following: • 4. Other Insurance • This insurance is primary and non-contributory,and our obligations are not affected by any other insurance carried by such vendor whether primary,excess,contingent,or on any other basis. • • All other terms,conditions,and exclusions shall remain the same ' e MI IZ �RESEN TIVE • Or countersignature(where required by law) 103388(10/09) Page 2 of 2 . CI4401 Policy No: 14260761-05 • c. 'The'obligation to defend, or the cost of the'defense of, that indemnitee, has also been assumed by the insured in the same insured contract; d. The allegations in the suit and the information we know about the occurrence are such that no conflict' appears to exit between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of the indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee; and ' f. The indemnitee: • (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the suit;,• . (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the suit; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the. indemnitee; and • (2) Provides us with written authorization to: • (a) Obtain records and other information related to the suit; and ' . • (b),Conduct andcontrol the defense of the indemnitee in such suit. So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us in connection with such defense and necessary litigation expenses incurred by the indemnitee at our request will be paid as. Supplementary Payments. _ . Notwithstanding the provisions of paragraph 2.b.(2) of SECTION I - COVERAGES, COVERAGE A -.BODILY INJURY AND PROPERTY DAMAGE LIABILITY or paragraph 2.b. (2) of SECTION I - COVERAGES, COVERAGE E- ADDITIONAL POLLUTION LEGAL LIABILITY, such paymentswill not be deemed to be damages for bodily • injury and property damage and, under Coverage E, environmental damage and will not reduce the limits of insurance. • . Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation , expenses as Supplementary Payments ends when: , a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or ', . b. The conditions set forth above, or the terms of the agreement described in paragraph 2f. above, are no longer met. SECTION II.-WHO IS AN INSURED Applicable to Coverages A, B, C and E Each of the following is an insured under Coverages A, B, C and E: 1. If you are designated in the Declarations as: • • a. An individual, you and your spouse are insureds, but only with.respect to the conduct of.a business of. which you are the sole owner. • Page 23 of 47 . 103124 (05/14) . • C15506 • b. A partnership or joint venture,you are an insured. Your members, your partners, and their spouses are ' also insureds, but only with respect to the conduct of your business. ' ' c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to - the conduct of your business. Your managers are insureds; but only with respect to their duties as your ' managers. ' d. An organization other than a partnership, joint venture or limited liability company, you are an insured. , Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. - e. A trust, you are an insured. Your trustees.are also insureds, but only with respect to their duties as • trustees. • 2. Each of the following is also an insured: , . . - , a: Your volunteer workers Only while performing duties related to the conduct of your business or your,` ' ' employees, other than .either your executive officers (if you are.an organization other than a ' partnership, joint venture or limited liability company) or your managers (if you are a limited liability ' ' company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers are insureds for: , , . . .: . ., (1) Bodily injury or personal advertising injury: ''i 1 (a) To you, to your partners or members (if you are a partnership or joint venture), toyouur members. : ' (if you are a limited liability company); (b) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) above; or ., (c) Arising out of his or her providing or failing to provide professional health care services, except as respects any physician, dentist, nurse, emergency medical technician or paramedic who is ' employed by you to provide such services, provided.you are not engaged in the business of „- - - providing such services. . ' (2) Property damage or environmental damage to property: ' (a) Owned, occupied or used by, ; (b) Rented to, in the care, custody,or control of, or over which physical control is being exercised for any purpose by - ' you, any of your employees, volunteer workers, any partner or member (if you are a partnership or ' . joint venture), or any member (if you are a limited liability company). . ` ' , , b. Any person (other than your employee or volunteer worker) or any organization while acting as your:- . real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. r d. Your legal representative if you die, but only with respect to duties as such. That representative,will , have all your rights and duties under this Policy. ., Page 24 of 47 103124 (05/14) . , CI5506' . • e. Any subsidiary, associated, affiliated or allied company or corporation, including subsidiaries thereof, of which you have more than 50%ownership interest as of the inception date of this Policy. 3. Any organization-you newly acquire orform, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majorityinterest, will qualify as a Named Insured if . • there is no other similar insurance available to that organization. However: • a. Coverage under this provision is afforded only (a) until the 180th day after you acquire or form the organization or the end of-the policy period, whichever is earlier, (b) provided that you give us written notification within 180 days of the date of such acquisition or formation or before the end of the policy period, whichever is earlier, and (c) an additional premium to be charged at our discretion,-determined by the rates utilized-at policy inception, is paid when due; b. Coverages A and E do not apply to bodily injury, property damage, environmental damage or emergency response costs that occurred before you acquired or formedthe organization; and c. Coverage B does not apply-to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 4. Any person or organization, other than a'third party carrier, with whom you agreed to include as an insured, becauseof a written contract, written agreement or permit, but only with respect to bodily injury, property damage, environmental damage, emergency response costs or personal and advertising injury caused, in whole or in part,.by your acts or omissions or the acts or omissions of those acting on your behalf, arising out of your operations, your work; equipment or premises leased, rented or owned by;you, or your products which are distributed or sold in the regular course of a vendor's business, however: As respects vendors, this insurance does not apply to: a. Bodily injury, property damage,,environmental damage or emergency response costs for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; .• - b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and' then repackaged in the original • container; • . e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with'the distribution or sale of the products; . f. Demonstration, installation, servicing or repair operations, except such operations performed at the • vendor's premises in connection with the sale of the product;- g. Products which, after distribution'or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or • h.. Bodily injury, property damage, environmental damage or emergency response costs arising out of the sole negligence of the vendor for its own acts or omissions or those of its'employees or anyone'else acting on its behalf. However, this exclusion does not apply to: . • (1) The exceptions contained in Sub-paragraphs d. or f. above; or Page 25 of 47 • 103124 (05/14) CI5506 . ' (2) Such inspections, adjustments, tests orservicing as the vendor has agreed to make 'or normally _ - undertakes to make in the usual course of business, in connection with the distribution or sale of the ' products. " , As respects a manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, ' or receiver, this insurance does not apply to: , , ' . . , (a) Any occurrence which takes place after the equipment lease expires or you cease.to be a tenant. • (b) Structural alterations, new construction or demolition operations performed by or on behalf of the . manager or lessor of premises, or mortgagee, assignee, or receiver. 5. Any person or organization that has at least a 50% controlling interest in you but only with respect to bodily , injury, property damage, environmental damage, emergency response costs or personal and advertising . , injury caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your • behalf, arising out of their financial control of you. No person or organization is an insured with respect to the conduct of any current or past partnership,'joint ' venture, or limited liability company unless'a current or past partnership, joint venture, or limited liability company is an insured pursuantto paragraphs 1. through 5. above. ' ' • - Applicable to Coverage D ' Each of the following is an insured under Coverage D: ` The Named Insured designated in the declarations and any past or present director, officer, partner, member or• employee thereof,while acting within the scope of his or her duties as such and any customer with whom you have agreed'in writing to include, prior to a claim being made or loss being incurred with respect to such' . customer, as an insuredfor loss arising from your storage, handling, treatment, processing or disposal of their product or waste on any insured'property. ' ' ' _SECTION III - LIMITS OF INSURANCE AND DEDUCTIBLE , . - , 1.• The Limits of Insurance shown in the Declarations and the rules below fix the most we will • pay regardless of the number of: ' , a'• Insureds; , • b.,. Claims made or suits brought; or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most,we will pay for the sum of:: • a. Medical expenses under Coverage C; ` • ' b.' Damages under,Coverage A except damages because of bodily injury or property damage included,in , - the products-completed operations hazard; . - • ' . ' c. Damages under Coverage B; ,- • d. Loss under Coverage.D; and ' . - e. Loss under Coverage E except damages because of bodily injury, property damage, environmental, , . . damage or emergency response costs included in the products-completed operations hazard. - 'The General Aggregate Limit shall apply separately to occurrences and loss on or at a single location.owned or . , rented by you and separately as to each other operation or project away from locations owned or rented by you. , Page 26 of 47 , • 103124 (05/14)` ' C15506 .. • ' ENDORSEMENT NO.5 This endorsement,effective 12:01 AM,9/1/2023 . • Forms a part of Policy No:14260761-05 Issued to TR International Trading Company dba TRlnternational Inc By:AIG Specialty Insurance Company • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY • AGAINST OTHERS TO US ENDORSEMENT - This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM • • It is hereby agreed as follows: SECTION IV—CONDITIONS,Paragraph 7..Transfer of Rights of Recovery Against Others to Us—Applicable to Coverages A,B, C and E is amended by the addition of the following at the end of such subparagraph: We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make under Coverage A, B, C and E for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. This waiver applies only to the person or organization shown in the Schedule below.' • • 1 ' SCHEDULE • • Name of Person or Organization: Blanket where required by written contract or agreement • • • • All other terms,conditions;and exclusions shall-remain the,same.'. • " UTH Gr.IZ r 'EPRESEN ATIVE Or countersignature(where required by law) . :;. ':,' ' • " • 94283(3/07) 5 PAGE 1 OF 1 CI3021 POLICY NUMBER: 044116-747 " • COMMERCIAL AUTO ,CA 00 01 11,20 BUSINESS AUTO COVERAGE FORM • Various provisions'in this-Policy restrict coverage. SECTION I—COVERED AUTOS ' Read the entire policy carefully to determine rights, . Item Two of the Declarations shows the "autos" that .' • duties and what is and is not covered. are covered "autos" for each of your coverages. The • Throughout this Policy, the words "you" and "your", following numerical symbols describe the "autos" that refer to the Named Insured shown in the Declarations. may be covered "autos". The symbols entered next to The words "we", "us" and ."our" refer to the companya coverage on the Declarations designate'the only providing this insurance. "autos"that are covered "autos".. ' Other' words and phrases that appear.in,quotation .A. Description'Of Covered Auto Designation • : : ' • •, marks have special meaning. Refer to Section V —, . Symbols ; "Definitiions. • " Symbol Description Of Covered Auto Designation Symbols • , - 1 Any"Auto" . 2 Owned"Autos" Only those "autos" you own (and for Covered Autos Liability Coverage any • Only "trailers" you don't own•while attached to power units you own). This includes ' • those"autos"you acquire ownership of after the Policy begins. • . • 3 '' Owned Private ' Only the private passenger "autos" you own. This includes those private ' . . • . Passenger , passenger"autos"you acquire ownership of after the Policy begins. \ : ,. "Autos"Only 4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos"Other ., Covered Autos Liability Coverage any "trailers" you don't own while attached to Than Private ' ':power units you own). This includes those "autos" not of the private passenger Passenger ' type you acquire ownership of after the Policy begins. • "Autos"Only • ' . . . • , ` ' " - 5 Owned"Autos" Only those"autos" you own that are required to have no-fault benefits in the state , Subject To•. .where they are licensed or principally garaged. This includes those "autos" you ' - No-fault' ,' acquire ownership of after the Policy begins provided they are required to have no- .. 'fault benefits in the state where they are licensed or principally garaged. • 6. Owned"Autos" Only those "autos" you own that because of the law,in the state where they are ' Subject To A licensed or principally garaged are required to have and cannot reject Uninsured . Compulsory Motorists Coverage. This includes those "autos"you acquire ownership of after the Uninsured Policy begins provided they are subject to the same state.uninsured motorists Motorists Law requirement. 7 Specifically Only those "autos",described' in,Item Three of the Declarations for, which a . • Described premium charge is shown (and for Covered Autos Liability Coverage any"trailers" "Autos" ' you don't own while attached'to any power unit described in Item Three). , ' 8 .` Hired"Autos"' ' Only those,"autos"you lease, hire, rent or,borrow.This does not include any"auto" , Only you.lease,_hire, rent or borrow from any of your"employees", partners (if you are a .. partnership), members (if you are a limited liability company) or members of their households. . 9 Non-owned ' . Only those "autos" you do not own, lease,'hire, rentor borrow that are used in , 'i• "Autos"Only connection with your business.This includes "autos" ownedby your"employees"; partners (if you are a partnership), members (if you are a limited liability company) . • or members of their households but only while used in your business or your • . \ personal affairs. • d CA 00 01 1120 . .©Insurance Services Office, Inc., 2019 ' Page 1 of 13 • 19 Mobile - Only those"autos"that are land vehicles and that would qualify under the definition Equipment of"mobile equipment" under this Policy if they were not subject to a compulsory or. Subject To '. ' financial responsibility law or other motor vehicle insurance law where they are Compulsory Or licensed or principally garaged. Financial ` Responsibility : Or Other Motor Vehicle • • Insurance Law Only - B. Owned Autos b. Repair; 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered c. Servicing; . . next to a coverage in • Item Twoof the „ d "Loss'; . or Declarations,, then you' have coverage for "autos" that you acquire after the policy period . ,e. Destruction. • begins of the type described for the remainder SECTION II-COVERED AUTOS LIABILITY ' • of the policy period. COVERAGE 2. But, if Symbol 7'is entered next to a coverage' A. Coverage • in Item Two of the Declarations, an "auto" you _We will pay all sums an "insured" legally must pay acquire after the policy period begins.will be a • as damages because of"bodily injury"or"property covered auto for that coverage only if: damage" to which this insurance 'applies, caused a. We already cover all "autos" that you own • by an "accident" and resulting from the ownership, ' ` for that coverage or it replaces an "auto" .maintenance or use of a covered"auto". ' you previously owned that had that We will also pay all sums an "insured" legally must - coverage; and pay as a "covered pollution cost or expense" to' b. You tell us within 30 days after you acquire which this insurance applies, caused by an , it that'you want us to cover it:for that "accident" and resulting from the ownership', coverage. maintenance or use of covered "autos". However, 3. An "auto" that is leased or rented to you , we will only pay for the "covered pollution cost or • without a driver; under a written agreement for • expense" if there is either 'bodily injury" or a continuous period of at least six months that ' "property damage",to which this insurance applies • requires you to provide, primary insurance that is caused by the same"accident". covering such "auto", will be 'considered a We •have the right and' duty to defend ,any . covered "auto"you own. : . "insured" against a "suit" asking for such damages C. Certain Trailers,Mobile Equipment And . . . , or a "covered pollution cost or expense". However, ' Temporary Substitute'Autos ' . ' we have no'duty to defend any"insured"against a If Covered Autos Liability Coverage is provided by "suit seeking damages for "bodily injury" or this Coverage Form,. the following types of 'property damage".or a "covered pollution cost•or are : expense" to which this insurance does not apply. vehicles are covered "autos" for Covered os Lia alsooerage: � We may investigate and settle any claim or."suit" - as we consider appropriate. Our duty to defend or 1. "Trailers" with a registered' Gross Vehicle settle endswhen the Covered Autos Liability • Weight Rating of 3,000 pounds or less Coverage Limit of Insurance has been exhausted ' 4 designed primarily for travel on public roads. by payment of judgments or settlements. 2. "Mobile equipment while being carried or' 1. Who Is An Insured towed by a covered "auto". • The following are"insureds": 3. Any"auto" you do not own while used with the a. You for any covered"auto". permission of its 'owner as a temporary substitute for a covered "auto" you own that is b: Anyone else while using with your ' out of service because of its: permission a,covered "auto" you own, hire a. Breakdown; or borrow except: (1)- The owner or anyone else from whom you hire or borrow a covered"auto". Page 2 of 13 ' ©Insurance Services Office, Inc., 2019 CA 00 01 11 20 This exception does not apply if the - (6), All interest on the full amount of any ', covered"auto" is a "trailer" connected to judgment that accrues after entry of the a covered "auto"you own. , judgment in any "suit" against. the • (2) Your"employee" if the covered "auto" is , "insured"we defend, but our duty to pay owned by that,"employee" or a member ' interest ends when we have paid, of his or her household. : offered to pay or deposited in court the part of the judgment that is within our (3) Someone using a covered "auto" while Limit of,lnsurance. • ' he or she is working in a'business of . selling, servicing, repairing, parking or These payments will not reduce the Limit of storing "autos" unless that business is . Insurance. • . , yours. . . . b. Out-of-state Coverage Extensions ' (4) Anyone other than your "employees",: ' While a covered "auto" is away fromthe , ' ' partners (if 'you are a partnership), . , state where it is licensed,we will: members (if you are a limited liability (1) Increase the Limit of Insurance for . company) ori a lessee nor borrower or ' Covered Autos Liability`Coverage to ' ' .any of their employees , while moving meet the limits specified by a property to or from a covered "auto". compulsory or financial responsibility - (5) A partner (if you are a partnership) or a law of the jurisdiction where the covered V member (if you .are a limited liability .''"auto" is being used: This'.extension ' company)for a covered "auto"owned by does not apply to .the limit or limits.' him or her or a member of his or her specified by any law governing motor ' household. ' . carriers of passengers or property. c. Anyone liable for the conduct of an (2) Provide the, minimum amounts and .' , "insured" described above but only to the . types of other coverages, such as no- ' extent of that liability. - fault, required of.out-of-state vehicles by 2. Coverage Extensions the jurisdiction where the covered "auto" V -, 'is being used. - a. Supplementary Payments . - . We will not pay anyonemore than once for We will pay for the"insured": • the same elements of loss because of • ' (1) All expenses we incur. these extensions.' V ' (2) Up to $2,000 .for cost of bail bonds • B. Exclusions ' . '. (including bonds for related traffic law This insurance does not apply to any of the violations) required' because of an following: - "accident" we.cover. We do not have to 1. Expected Or Intended Injury furnish these bonds.. V V V . V(3) The ' cost• of bonds to ' release - "Bodily injury"'or "property damage" expected attachments ,in anyagainst the or intended from •the standpoint of the "suit" "insured" we defend, but only for bond "insured". , • • amounts within our Limit of Insurance. , ' 2. Contractual V , (4) All reasonable expenses incurred by the. Liability assumed under any contract or "• insured"at our request, including actual agreement. . . V . loss of earnings up to $250 ,a day But this exclusion does not apply to liability for - because of time. off from work. damages: (5) All court costs taxed against the , , a. Assumed in a contract or agreement that is . insured in any "suit" against the an "insured contract", provided the "bodily "insured". we defend. However, these • injury" or• "property damage" occurs. payments do not include attorneys' fees ; subsequent to the execution Of the contract ' ' or attorneys'expenses taxed against the or agreement; or "insured". V , CA 00 01 11 20 • . ©Insurance Services Office, Inc., 2019 • Page 3 of 13 "b. That the "insured" would hive in the 7. Handling Of Property • absence of the contract or agreement. "Bodily injury" or "property-damage" resulting 3. Workers'Compensation from the handling of property: Any obligation for which the "insured" or the a. Before it is moved from the place where it is "insured's" insurer may be held liable under accepted by the "insured" for movement any workers' compensation, disability benefits into or onto the covered "auto"; or or unemployment compensation law or any b. After it is moved from the covered "auto" to • similar law. the place where it is finally delivered by the 4. Employee Indemnification And Employer's. "insured". . Liability. 8. Movement Of Property By Mechanical • "Bodily injury"to: Device a.. An "employee of the "insured" arising out "Bodily injury" or."property damage" resulting of and in the course of: . : from the movement of property by a (1) 'Employment by the"insured";1 or• mechanical device (other than a hand truck) (2) Performing the duties related to the unless the device is attached to the covered auto conduct of the"insured's"business; or . b. The spouse, child, parent, brother or sister. 9. Operations ' of that."employee" as a consequence of. "Bodily injury"or "Property damage" arising out • Paragraph a.above. of the operation of: This exclusion applies: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile (1) Whether the 'insured" may be liable as . equipment";or . an employer or in any other capacity; b. Machineryor equipment that is on,attached and � • to or partof a land vehicle that would (2) To any obligation to share damages with qualify under the definition of "mobile . - • or repay someone else who must pay ' equipment" if it were not 'subject to a damages because of the injury. compulsory or financial responsibility law or But this exclusion, does not apply to "bodily other motor vehicle insurance law where it injury" to domestic "employees" not entitled to is licensed.or principally garaged. workers' compensation benefits or to liability 10. 'Completed Operations assumed bylhe "insured" under an "insured contract". For the purposes of the Coverage "Bodily injury"or"property damage"arising out Form, a domestic "employee" is a person of; your work after that work has been engaged in household or domestic work completed or abandoned. performed principally in connection with--"a In this exclusion,your work means: residence premises. a. Work or operations performed by you or on 5. Fellow Employee your behalf;and "Bodily injury"to: b. Materials, parts or equipment furnished in a. Any fellow "employee" of the "insured" , connection with such work or operations. arising out of and in the course of the fellow Your , work includes ' warranties ' or "employee's" . employment or while , ' representations made at any time with respect performing duties related to the conduct of . '. to the fitness, quality, durability or performance your business; or of any of the items included in Paragraph a. or • b. The spouse, child, parent, brother or sister • b.above. of that fellow"employee" as a consequence _ 'Your work will be deemed completed at the of Paragraph a.above. ,. • • earliest of the following times: ' • .6. Care, Custody Or Control (1) When all of the work called for in your "Property damage"to or"covered pollution cost contract has been completed; or expense" involving property owned or (2) When all of the work to be done at'the transported by the "insured" or in the . site has.been completed if your contract "insured's" care, custody or control.' But this calls for work at more than one site; or exclusion does not apply to liability assumed under a sidetrack agreement. ' • Page 4 of 13 ©Insurance Services Office, Inc., 2019 CA 00 01 11 20 (3), When that part of the work done at a job Paragraphs b. and c. above of this exclusion ' site has been put to its intended use by do.not apply to "accidents" that occur away any person or organization other'than from premises owned by or rented to an , another contractor . or subcontractor • "insured" with respect to "pollutants" not in or' - ' working'on the same project. upon a covered"auto"if: ' • Work that may need service, maintenance, (a) The "pollutants" or any property in• . correction, repair or replacement, but which is which the "pollutants" are contained • otherwise complete, will be treated as ' are upset, overturned or damaged as completed. a result of the maintenance or use of 11. Pollution . . " , a covered"auto";and "Bodily injury"or"property damage" arising out . (b) The discharge, dispersal, se• epage, of the actual, alleged or threatened discharge,, migration, release. or escape of the • dispersal, seepage, migration, release or "pollutants" is caused directly by escape of"pollutants": such upset, overturn or damage. a. That are, or that are contained 'in any 12. War property that is: "Bodily injury" or "property damage" arising •, , (1) Being transported or towed by, handled directly or indirectly out of: . ' or handled for movement into, onto or a. War, including undeclared or civil war; from the covered"auto'; , b. Warlike action by a military force, including ' (2) Otherwise in the course of transit by or action in hindering or defending against an on behalf of the"insured";or actual or expected, attack,, by any . _ • (3) Being stored, disposed of, treated or ' government, sovereign or other authority ' '. • processed' in or upon' the covered using military personnel orother agents; or , ' "auto"; .c. Insurrection, rebellion, revolution, usurped b. Before the "pollutants" or any property in power or action taken by governmental . which the' "pollutants" are contained are authority in hindering or defending against ' moved from the., place wherethey are any of these. accepted by the "insured" for. movement 13. Racing , ' ' into or onto the covered"auto"; or Covered "autos"while used in any professional. . ' • c. After the "pollutants" or any property in or organized racing or demolition contest or . which the "pollutants" are contained are stunting activity, or while practicing for such, . . moved from the covered "auto"to the place contest. or activity. This insurance also does .'. • where they are finally delivered,disposed of' not apply while:that covered "auto" is being. , or abandoned by the"insured". • prepared for such a contest or activity. Paragraph a. above does not ,apply to fuels,' ' '14. Unmanned Aircraft lubricants, fluids, exhaust gases or other • "Bodily injury"or"property damage" arising out similar"'pollutants" that are needed for or result of the ownership, maintenance or use of ' - from the normal electrical, hydraulic or "unmanned aircraft". • mechanical functioning of the covered "auto"or ' ' . • its parts if: ' C. Limit Of Insurance• - - ' (1) The "pollutants" escape, seep, migrate Regardless of the number of' covered "autos", or are discharged, dispersedor released . "insureds", premiums paid, claims made or • directly from an "auto" part designed by ' ' vehicles involved in the "accident", the most we its manufacturer to hold, store, receive will pay for the total of all damages and "covered ., - or dispose of such "pollutants"; and pollution cost or expense"combined resulting from . (2). The"bodily injury", "property damage".or any one "accident" is the Limit Of Insurance for "covered pollution cost or expense" Covered Autos Liability Coverage shown in the Declarations. does not arise out of the operation of any equipment listed in Paragraphs 6.b. ' • .and 6.c. of the definition of "mobile , equipment". .. • \ • • • CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 5 of 13 • All "bodily injury", "property damage" and "covered '3. Glass Breakage—Hitting A Bird Or Animal— .' pollution cost or expense" resulting from Falling Objects Or Missiles continuous or repeated exposure to substantially If you carry Comprehensive Coverage for the' the same conditions will be- considered as damaged covered "auto", we will pay for the resulting from one"accident". • following under Comprehensive Coverage: No one will be entitled to receive duplicate payments for the same elements of "loss" under • a. Glass breakage; this Coverage Form and any Medical Payments - b. "Loss" caused by hitting a bird or animal; Coverage endorsement, Uninsured Motorists and Coverage endorsement or Underinsured Motorists c. "Loss"caused by falling objects or missiles. Coverage endorsement attached to this Coverage However, you have the option of having glass Part. breakage caused by a covered "auto's" SECTION III—PHYSICAL DAMAGE COVERAGE collision or overturn considered a "loss" under A. Coverage ' Collision Coverage. 1. We will pay for"loss"to a covered "auto" or its - 4. Coverage Extensions equipment under: 'a. Transportation Expenses a. Comprehensive Coverage We will pay up to $30 per day, to a• From any cause except: maximum of $900, for temporary (1) The covered "auto's" collision with transportation expenseincurred, by you another object; or • because of the total theft of a covered "auto" of the private passenger type. We ' (2) The covered "auto's"overturn: will pay only for those covered "autos" for b. Specified Causes Of Loss Coverage which you carry either Comprehensive or Specified Causes Of Loss Coverage. We Caused by: ' , will pay for temporary transportation • (1) Fire, lightning or explosion; , expenses incurred during the period - (2) Theft; beginning 48 hours after the theft and ending, regardless of the Policy's (3) Windstorm, hail or earthquake;. expiration, when the covered "auto" is - (4) Flood; returned to use or we pay for its"loss". (5) Mischief or vandalism; or b. Loss Of Use Expenses • (6) The sinking, burning, collision or For Hired Auto Physical Damage, we will • derailment of any conveyance pay expenses for which .an "insured" transporting the covered "auto". becomes legally responsible to pay for loss c. Collision Coverage of use of a vehicle rented or hired without a driver under a written rental contract.or Caused by: ' ' agreement. We will pay for loss of use (1) The covered "auto's" collision with expenses if caused by: another object; or (1) Other than . collision .only if the (2) The covered "auto's"overturn. Declarations indicates that Comprehensive Coverage is provided 2. Towing And Laborfor any covered"auto"; We will pay up 'to the limit shown in the (2) Specified Causes of Loss only if the Declarations for towing and labor costs Declarations indicates that Specified incurred each time a covered "auto" that is a' Causes Of Loss Coverage is provided private passenger type, light truck or medium for any covered"auto"; or truck is disabled. However, the labor must be performed at the place of disablement. • Page 6 of 13 ©Insurance Services Office, Inc., 2019 ' CA 00 01 11 20 • • • • (3) Collision only ..if the Declarations 4.' We will not pay for "loss" to any of the indicates that- Collision Coverage ' is following: .provided for any covered "auto". a. Tapes, records, discs or other similar audio, However, the most we will pay for any visual or data electronic devices designed expenses for loss of use is $30 per day, to for use with audio, visual or data electronic a maximum of$900. equipment. B. Exclusions b. Any device designed or used to detect 1. We will not pay for"loss"caused.by or resulting .speed-measuring equipment, such as radar from any of the following. Such "loss" is or laser detectors, and any jamming excluded regardless of any other cause or apparatus intended to elude or disrupt event that contributes concurrently or in any speed-measuring equipment. sequence to the"loss". c. Any electronic equipment, without regard to a: Nuclear Hazard whether this equipment is permanently installed, that reproduces, receives or (1) The explosion of any weapon employing transmits audio, visual or data signals. atomic fission or fusion; or d. Any accessories used with the electronic (2) Nuclear reaction or radiation, or equipment described in Paragraph c. radioactive contamination, however above. caused. 5. Exclusions 4.c. and 4.d. do not applyto b. War Or Military Action equipment designed to be operated solely by (1) War, including undeclared or civil war; use of the power from the "auto's" electrical (2) Warlike action by a military force, system that, at the time of"loss", is: including action in hindering or a. Permanently installed in or upon the • defending against an actual or expected covered "auto"; attack, by any government,.sovereign or b. Removable from a housing unit which is • other authority using military personnel permanently installed in or upon the or other agents; or covered"auto"; (3) Insurrection, rebellion, revolution,. c. An integral'part of the same unit housing usurped power or action taken by any electronic equipment described . in governmental authority in hindering or Paragraphs a.and b. above; or defending against any of these. 2. We will not payfor"loss"to anycovered "auto" d. Necessary for the normal operation of the • covered "auto" or the monitoring of the while used in any professional or organized covered "auto's"operating system. racing or demolition contest or stunting activity, 6. We will not pay for "loss" to a covered "auto" or while practicing for such contest or activity. due to"diminution in value". We will also not pay for "loss" to any covered "auto" while that covered "auto" is being C. Limits Of Insurance prepared for such a contest or activity. 1. The most we will pay for: 3. We will not pay for"loss"due and confined to: a. "Loss" to any one covered "auto" is the a. Wear and tear, freezing, mechanical or lesser of: electrical breakdown. (1) The actual cash value of the damaged • • b. Blowouts, punctures or other.road damage or stolen property as of the time of the to tires. "loss";or This exclusion does not apply to such "loss" (2) The cost of repairing or replacing the resulting from the 'total theft of a covered damaged or stolen property with other "auto". property of like kind and quality. • • CA 00 01 11 20 ` •. ©Insurance Services Office, Inc., 2019 ' Page 7 of 13 b._All electronic equipment that .reproduces, , .,,, SECTION IV—BUSINESS AUTO CONDITIONS receives or transmits audio, visual or data i , The following conditions apply in addition to the signals in any one"loss" is$1,000, if, at the Common Policy Conditions: time of"loss",such electronic equipment is: - (1) Permanently installed in or upon the A, Loss Conditions covered "auto" in a housing, opening or 1. Appraisal For Physical Damage Loss other location that is not normally used If you and we disagree.on the amount of"loss", ' • by the "auto" manufacturer for the either may demand an appraisal of the "loss". installation of such equipment; In this event, each party will select a competent (2) Removable from a permanently installed appraiser. •The two appraisers will select a housing unit as described in Paragraph G. '_ competent and ' impartial umpire. The b.(1)above; or appraisers will state separately the actual cash (3) An integral part of such equipment as value and amount of"loss". If they fail to agree, described in Paragraphs b,(1) and b.( they will submit their differences to the umpire. A decision agreed to by any two will be above, binding. Each party will: 2. An adjustment for depreciation and physical a. Pay its chosen appraiser; and • condition will be made in determining actual cash value in the event of a total"loss". b. Bear the •other expenses of the appraisal • 3. If a repair or replacement results in better than andumpire equally. -like kind or quality, we will not pay for the If we submit to an appraisal, we will still retain amount of the betterment. our right to deny the claim. D. Deductible - 2, Duties In The Event Of Accident,Claim,Suit, . For each covered "auto", our obligation to pay for, Or Loss . repair, return or replace damaged or stolen We have no duty to provide coverage-under property will be reduced by the applicable this . Policy unless there has been full deductible shown in the Declarations prior to the compliance with the following duties: application_ of the Limit Of Insurance, provided a. In the event of "accident", claim, "suit" or that: "loss", you must give us or our authorized - 1. The Comprehensive or Specified Causes Of . representative prompt notice of the Loss Coverage deductible applies only to"loss" "accident"or"loss". Include: caused by: (1) How, when and where the "accident" or - a. Theft or mischief or vandalism; or "loss"occurred; b. All perils. (2) The"insured's"name and;address; and 2. Regardless of the number of covered "autos" (3) To the extent possible, the names and damaged or stolen, the maximum deductible. - addresses of any injured persons and • applicable for all. "loss" in- any one event • .. witnesses.' , . - caused by: b. Additionally, you and any other involved a. Theft or mischief or vandalism; or "insured"must , b. All perils, (1) Assume no obligation, make no - •will be equal to five times the highest payment or incur no expense without our consent, except at the "insured's" deductible applicable to any one covered _ "auto" on the Policy for Comprehensive or own cost. Specified Causes Of Loss Coverage. The, (2) Immediately send us copies of any application of the highest deductible used to . request, • demand, order, notice, calculate the maximum deductible will be made • - summons or legal paper received regardless of which covered "autos" were concerning the claim or"suit". • damaged or stolen in the"loss". - . • i , l Page 8 of 13 ©Insurance Services Office, Inc.,2019 CA 00 01 11 20 , (3),Cooperate with us in the investigation or 5. Transfer Of Rights Of Recovery Against •' settlement of the claim or .defense", •• ' Others To Us . . •• ., . against the"suit If any person or organization to or for whom we • ' (4) Authorize us,to obtain medical records make payment under this Coverage Form has • or other pertinent information. . , rights to recover damages from another, those( •, " • - ' (5) Submit to examination, at our expense, rights are transferred to us..That person or\, by physicians of our choice, as often as organization must do everything necessary to , we reasonably require. secure our rights and, must 'do nothing. after "accident"or"loss"to impair them. , , • c. If there is "loss".to•a covered "auto" or its • • equipment,you must also do the following: B. General Conditions (1). Promptly notify the police if the covered. 1. Bankruptcy ' , • "auto"or any of its equipment is stolen. Bankruptcy or insolvency of the"insured"or the • . (2) Take all reasonable steps to protect the. "insured's" estate,will not 'relieve us of any covered . "auto" from' further damage.• obligations under this Coverage Form. Also keep a record of your expenses for' . ' 2. Concealment, Misrepresentation'Or Fraud • • • .• consideration in the settlement of the. , This Coverage Form is void in any case of • claim. • " : ; fraud'by you at any time as it relates to this , • (3)• Permit us to inspect the covered "auto" Coverage Form: It is'also void if,you or any , and records proving the "loss" before its , other "insured",. at any time, intentionally ' ' repair or disposition. conceals or misrepresents a material ' fact • , (4) Agree to examinations under oath at our concerning: - request and give us a signed statement' ' -,' a. This Coverage Form; • ' ,• of your answers. • . . . b. The covered"auto"; " . , • • , ,3. Legal Action Against Usc. Your interest in the covered"auto"; or . •, No one.may bring a legal action against;us d. A claim under this Coverage Form. under this Coverage Form until: - . ' a. There'has been full compliance with all the 3. Liberalization . terms of this Coverage Form;and ' If we revise this Coverage'Form to provide : „ • b. Under Covered Autos Liability Coverage; more coverage without. additional premium , ' we agree in writing that the "insured",has an • charge, your policy will automatically provide obligation to pay or until the amount of that the additional coverage as of the day the obligation has finally been determined by - revision is effective in your state. • • . judgment after trial. No one has the right • .4. No Benefit To Bailee—Physical Damage • under this Policy to bring us into,an action . Coverages • • to determine the"insured's"liability. . . We will not recognize any assignment or'grant ' • _ 4. Los's Payment—Physical Damage any coverage for the benefit of any person or ' • Coverages' organization holding, storing -or transporting property for a fee regardless of any. other At our option,we may: . " provision of this Coverage.Form. ' ' . a. Pay for,' repair• or replace damaged or ' 5; Other Insurance , . ' • ' stolen property; , b. Return the stolen property, at our expense.• �' a. For. any covered "auto", you own, this ' Coverage Form provides. primary We will pay for any damage that results to insurance. For any covered "auto"you don't the"auto"from the theft; or • own, theinsurance provided by "this .• ' • c. Take all or any part of'the damaged or . ' . Coverage Form is excess over any other • ' - • stolen property at an agreed or appraised collectible insurance. However, while a , value. ' covered "auto" which is a "trailer" is , If we pay for the "loss", our payment will • connected to another vehicle, the Covered include the applicable sales • tax for the ' . Autos •Liability Coverage this Coverage damaged or stolen property. Form provides for the"trailer is:• ' , • (1) Excess while it is connected to a motor . vehicle you do not own; or ' - • CA 00 01 11 20 .©Insurance Services Office, Inc., 2019 , Page 9 of 13 J ..a!: • C (2) Primary while it is connected to a: (5) Anywhere else in the world if a covered • - • covered "auto"you own. "auto" of the private passenger type is b. For Hired Auto Physical Damage Coverage, leased, hired, rented or borrowed any covered "auto" you lease, hire, rent or without a driver for a period of 30 days borrow is deemed to be a covered "auto" t or less, you own. •However, any "auto" that is provided that the "insured's" responsibility to leased, hired, rented.orborrowed with a • pay.damages is determined in a "suit" on the driver is not a covered "auto". ' ' merits,- in the United States of America, the territories and possessions of the'United States c. Regardless of the provisions of Paragraph • a. above, this Coverage Form's Covered of America, Puerto Rico .or Canada, or in a . ' Autos Liability Coverage is primary. for any settlement we agree to. liability . assumed under an. "insured •We •also cover "loss" to, or "accidents" contract". involving, a covered "auto" while being d. When this Coverage Form and any other transported between any of these places. Coverage Form or policy covers on the 8. Two Or More Coverage Forms Or Policies same basis, either excess or primary, we Issued By Us will pay•'only our share. Our share is the If this Coverage Form and any other Coverage proportion that the Limit of Insurance' of our Form or policy issued to you by us or any • -Coverage Form bears to the total of the company affiliated with us applies to the same • ' limits of all the Coverage Forms and "accident", the aggregate maximum Limit of policies covering on the same basis. . Insurance under all the Coverage Forms or • 6. Premium Audit' _ ' - - ) , policies shall not exceed the highest applicable a. The. estimated premium for this.Coverage Limit of Insurance under any one Coverage • Form is based on the exposures you told us Form or policy.This condition does not apply to you would have when this Policy began. any Coverage Form or policy issued by us or We will compute the final premium due an affiliated company specifically to apply as _ when we determine your actual exposures. excess insurance,over this Coverage Form. The estimated total premium will be SECTION V—DEFINITIONS credited against the final premium due and A. "Accident" includes continuous or repeated the first Named Insured will be billed for the exposure to the same conditions resulting ' in balance,'if any. The due date for the final "bodily injury"or"property damage". premium or retrospective,premium is the . date shown as the due date on the bill. If' ' B. "Auto"means: • ., • the estimated total premium exceeds the 1. A land motor vehicle, "trailer" or semitrailer . final premium due, the'first Named Insured designed for travel on public roads; or • • will get a refund. (2. Any other land vehicle that is subject to a b.. If this-Policy is 'issued for more than one . compulsory or'financial responsibility law or ' .. year, the premium for this Coverage Form ' other motor vehicle insurance law where it is 'will be computed annually based on our licensed or principally garaged. . rates or premiums in effect at the beginning However, "auto" does not include "mobile; of each year of the Policy. equipment". 7. Policy Period,Coverage Territory • • C. "Bodily injury" means bodily injury, sickness or • • • Under this Coverage Form, we cover ' ' disease sustained by a person, including death "accidents"and "losses"occurring: . ' 'resulting from any of these. a. During the policy period shown in the D. "Covered pollution cost or expense" means any Declarations; and •' cost or expense arising out of: - b. Within the coverage territory. 1. Any request, demand, order or statutory or The coverage territory is: - regulatory requirement that any "insured" or (1) The United States ofAmerica; others test 'for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any (2) The territories and possessions of the' way respond to, or assess the effects of, United States of America; • "pollutants"; or ' ' (3) Puerto Rico; (4) CanadaVand • 'Page 10 of 13 • ©Insurance Services Office, Inc., 2019 CA 00 01 11 20 2. Any claim or•"suit" by or on behalf of`a Paragraphs b. and c. above do not apply to governmental authority for damages because "accidents" that" occur away from premises of testing for, monitoring, cleaning up, owned by or rented to an "insured"with respect removing, containing, treating; detoxifying or to "pollutants" not in or upon a covered "auto" 'neutralizing, or in any way responding to, or if: ' . • assessing the effects of, "pollutants"., (a) The "pollutants" or any property in = "Covered pollution cost or, expense" does not which the "pollutants" are contained include any cost or expense arising out of the '. , , are upset, overturned or damaged as actual, alleged or threatened discharge, dispersal, a result of the maintenance or use of " seepage, migration, release , or escape of , a covered"auto"; and "pollutants":" (b) The discharge, dispersal, seepage, a. That are, or that are contained in any migration, release or escape of the property that is: ' ' "pollutants" is caused directly by (1) Being transported or towed by, handled such upset, overturn or damage. ; or handled for movement into, onto or . E. "Diminution in value" means the' actual or from the covered"auto"; perceived .loss in market value or resale value (2) Otherwise in the course of transit by or , which results from a direct and accidental"loss". • on behalf of the"insured";or F. "Employee" includes . a "leased worker". (3) Being stored, disposed of, treated or. ' "Employee" does not include a "temporary • -) processed in or upon 'the covered worker". "auto"; ' , 'G. "Insured means •any person or. organization ' b. Before the "pollutants" or any. property_in . qualifying as an insured in the Who Is An Insured • which the "pollutants" are contained are provision of the applicable coverage. Except with - " moved from, the place where they are •" respect to the Limit of Insurance, the coverage ' accepted bythe "insured for movement , afforded applies separately to each insured who is ' into or onto the covered "auto"; or ' seeking coverage or against whom a claim or "suit"is brought. ' • c. After the "pollutants" or anyproperty in H. "Insured contract"means: which the, "pollutants" are contained are • moved from the covered "auto"to the place ' 1. A lease of premises;. . ' where they are finally delivered,disposed of 2. A sidetrack agreement; or abandoned by the"insured". 3. Any easement or license agreement, except in. • Paragraph a. above does not apply to fuels, connection with construction or demolition lubricants, fluids, exhaust gases or other similar"pollutants"that are needed for or result operations on or within 50 feet of a railroad; from the normal ,electrical, hydraulic or - 4. An .obligation, as required by ordinance, ..to mechanical functioning of the covered"auto"or indemnify a municipality, except'in connection ' its parts, if: - ' with work for a municipality; (1) The "pollutants" escape, seep, migrate 5. That part of any other contract or agreement or are discharged, dispersed or released pertaining to your business (including an • . . directly from an "auto" part designed by indemnification of a municipality in connection. its manufacturer to hold; store, receive ' , with work performed for a municipality) under , or dispose of such "pollutants"; and - ' which you assume the tort liability of another to pay for"bodily injury"or"property damage"to a (2) The"bodily injury", "property damage"or third party or organization. Tort liability means "covered pollution , cost or expense" . a liability that would be imposed by law in the, does not arise out of the operation of' absence of any contract or agreement;or - any equipment listed in Paragraph 6.b. , : or 6.c. of the definition of "mobile equipment". . CA 00 01 11 20 i. - ©Insurance Services Office, Inc., 2019 Page 11 of 13 • • 6. That part"of any contract or agreement entered 5. Vehicles not described in Paragraph 1., 2., 3. - into, as part of your business, pertaining to the or 4. above that are not self-propelled and are rental or lease, by you or any of your maintained primarily to provide mobility to • "employees", of any "auto". However, such permanently attached equipment of the contract or agreement shall not be considered following types: an "insured contract" to the extent that it a. Air compressors, pumps and generators, obligates you or any of your "employees" to including spraying, • welding, building pay for"property damage"to any "auto" rented • cleaning, geophysical exploration, lighting or leased by you or any of your"employees". and well-servicing equipment;or An "insured contract" does not include that part of b. Cherry pickers and similar devices used to any contract or.agreement: raise or lower workers;or • a. That indemnifies a railroad for"bodily injury" ' „ 6. Vehicles not described in Paragraph 1., 2., 3. or property damage" arising out of, or 4. above maintained primarily for.purposes construction or demolition operations, within other than the transportation of persons or 50 feet of any railroad property and ., cargo. However, self-propelled vehicles with . affecting any railroad bridge or trestle, .the .following types .of permanently attached . tracks, roadbeds, tunnel, underpass or equipment are not "mobile equipment" but will ' crossing; be considered "autos": b. That pertains to the loan, lease or rental of . a. Equipment designed primarily for: • an "auto" to you or any of your "employees", if the "auto" is loaned, leased (1) Snow removal; or rented with a driver; or (2) Road maintenance, but not construction c. That holds a person or organization or resurfacing;or . engaged in the business of transporting (3) Street cleaning; • property by"auto"for hire harmless for your b. Cherrypickers and similar devices mounted use of a covered"auto" over a route .or • territory n that person. or organization is • on automobile,or truck chassis and used to authorized to serve by public authority. raise or lower workers;and I. "Leased worker"means a person leased to you by • /- c. Air compressors, pumps and generators, including .spraying, welding, building a labor leasing firm under an agreement between • cleaning, geophysical exploration, lighting • you and the(labor leasing firm to perform duties or well-servicing equipment. related to the conduct of your business. Leased , worker"does not include a,"temporary worker". However, "mobile equipment" does not include . or land vehicles that are subject to a compulsory or J. "Loss" means direct and accidental loss damsge. financial responsibility law or other motor vehicle insurance law where it is licensed or.principally • K. "Mobile equipment" 'means any.of the following garaged. Land vehicles subject to a compulsory or types of land vehicles, including any 'attached ' financial responsibility law orother motor vehicle machinery or equipment: insurance law are considered"autos". 1. Bulldozers, farm machinery, forklifts and other L. "Pollutants" means any solid, liquid, gaseous or vehicles designed foruse principally off public thermal irritant or contaminant, including smoke, roads; vapor, soot, fumes, acids, alkalis, chemicals and. 2. Vehicles maintained for use solely on or next to waste. Waste includes materials to be recycled, • premises you own or rent; reconditioned or reclaimed. 3. Vehicles that travel on crawler treads; • M. "Property damage" means damage to or loss of ' use of tangible property. 4. Vehicles, whether self-propelled or not, ; maintained primarily to providemobility to N. "Suit"means a civil proceeding in which: permanently mounted: ' 1. Damages because of "bodily injury" or a. Power cranes, shovels, loaders, diggers or "property damage";or • drills; or 2. A"covered pollution cost or expense"; b. Road construction.or resurfacing equipment ', to which this insurance applies, are alleged. such as graders, scrapers or rollers; • . ti Page 12 of 13 ©Insurance Services Office, Inc., 2019 CA 00 01 11.20 • "Suit" includes: O. "Temporary worker" means a person who is a. An arbitration proceeding in which such furnished to you to substitute for a permanent damages or "covered pollution costs or "employee" on leave or to meet seasonal or short- expenses" are claimed and to which the term workload conditions. "insured" must submit or does submit with P. "Trailer" includes semitrailer. our consent; or Q. "Unmanned aircraft" means an aircraft that is not: b. Any other alternative dispute resolution 1. Designed; proceeding in which • such damages or "covered pollution costs or expenses" are 2. Manufactured;or claimed and to which the insured submits 3. Modified after manufacture; with our consent. to be controlled directly by a person from within or on the aircraft. • • • . CA 00 01 11 20 1 ©Insurance Services Office, Inc., 2019 Page 13 of 13 Kariann Olson From:• Kariann Olson . .Sent Wednesday,September 20,2023 10:41 AM To: Karen Wheaton Cc: Kariann Olson Subject RE Agreement for chemicals I am thinking it is since that verbiage is included.- • We will go with it. Thank you. • Kariann (Kari)Olson,Purchasing Specialist #0. viz ; rt, ogiel City of Ashland Purchasing Office 90 North Mountain Avenue,Ashland,Oregon 97520 541:488.5354 I TTY 800.735.2900 Kari.olsonna ashland.or.us This email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records Law for disclosure and retention.If you have received this message in error,please contact me at 541.488.5354.. From: Karen Wheaton<Karen.Wheaton@trichemicals.com>, Sent:Wednesday,September,20, 2023 10:05 AM To: Kariann Olson<kari.olson@ashland.or.us> Subject: RE:Agreement for chemicals [EXTERNAL SENDER] So it's ok? Just want to make sure. Thank you, Karen Karen Wheaton Contracts Specialist 1 Ph:+1(206)357-5811 Cell:+1(612)845-4107 Karen.Wheaton@trichemicals.com • From: Kariann Olson<kari.olson@ashland.or.us> ~ Sent:Wednesday,September 20,2023 11:51 AM To: Karen Wheaton<Karen.Wheaton@trichemicals.com> Cc: Kariann Olson<kari.olson@ashland.or.us> • Subject: RE:Agreement for chemicals • ry Okay. . .thank you. Kariann(Kari)Olson,Purchasing Specialist 48, „ ,(1:7 sr- City of Ashland Purchasing Office 90 North Mountain Avenue,Ashland,Oregon 97520 541.488.5354 I TTY 800.735.2900 Kari.olsongashland.or.us This email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records Law for disclosure and retention.If you have received this message in error,please contact me at 541.488.5354.. From: Karen Wheaton<Karen.Wheaton@trichemicals.com> Sent:Wednesday,September 20, 2023 9:45 AM S . To: Kariann Olson<kari.olson@ashland.or.us> Subject: RE:Agreement for chemicals _ [EXTERNAL SENDER] • Hi Kariann, S This is the response I received. In the Description of Operations/Locations/Vehicles it states "City of Ashland, its officers,agents,and employees are Additional Insured, coverage is primary and non-contributory and waiver of subrogation applies as respects General and Auto Liability....", and that AIG's"Additional Insured Vendors Endorsement" is attached. Thus, City of Ashland is already an Additional Insured,and there are no further requirements under our policy. Is that acceptable? 2 Thank you, Karen . • Karen Wheaton Contracts Specialist • Ph:+1(206)357-5811 Cell:+1(612)845-4107 ' Karen.Wheaton@trichemicals.com • From: KariannOlson<kari.olson@ashland.or.us> Sent:Wednesday,September 20, 2023 11:18 AM To: Karen Wheaton<Karen.Wheaton@trichemicals.com> Cc: Kariann Olson<kari.olson@ashland.or.us> Subject: RE:Agreement for chemicals Good morning Karen, Happy Wednesday Are you able to get the ADDL INSR boxes checked for General Liability and Auto on the insurance certificate. It would be greatly appreciated. Thank you. Kariann Kariann(Kari)Olson,Purchasing Specialist r ate, - riek City of Ashland Purchasing Office 90 North,Mountain Avenue,Ashland,Oregon 97520 • 541.488.5354'I TTY 800.735.2900 Kari.olson@ashland.or.us This email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records Law for disclosure and retention.If you have received this message in error,please contact me at 541.488.5354.. From: Karen Wheaton<Karen.Wheaton@trichemicals.com> 0 ' _ Sent:Wednesday,September 20,2023 8:43 AM ' • 3 To: Kariann Olson.<kari.olson@ashland.or.us> . Subject: RE:Agreement for chemicals [EXTERNAL SENDER] Hi Kariann, Here is our new Insurance certificate. • Pleas let me know if you have any questions. Thank you, Karen • Karen Wheaton Contracts Specialist Ph:+1(206)357-5811 Cell:+1(612)845-4107 " Karen.Wheaton@trichemicals.com • . From: Kariann Olson<kari.olson@ashland.or.us> Sent:Thursday,August 10, 2023 11:21 AM • To: Karen Wheaton<Karen.Wheaton@trichemicals.com> Cc: Kariann Olson<kari.olson@ashland.or.us> Subject:Agreement for chemicals This message originated outside your organization. Hello Karen, I have attached a fully executed copy of the agreement for chemicals. Have a great day! Thank you. 0 Kariann Kariann (Kari)Olson,Purchasing Specialist • • Setiek City of Ashland Purchasing Office 4 • 90'North Mountain Avenue,Ashland, Oregon 97520 541.488.5354 I TTY 800.735.2900 Kari.olson@ashland.or.us • This email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records Law for disclosure and retention.If you have received this message in error,please,contact me at 541.488.5354.. l , • • • • • • 5