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Insurance Certificate: Oregon Shakespeare Festival
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 THISCERTIFICATE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 1/2/2024 Brown & Brown 3256 Hillcrest Park Drive Medford, OR 97504 541-494-2687 541-772-3785 www.bbrown.com Cincinnati Insurance Company 10677 A 1,000,000ETD05613691/1/2024 1/1/2025 300,000 3 10,000 3 1,000,000 $10,000 Deductible 2,000,000 2,000,000 Liquor Liability 1,000,000 A ETD0561369 1/1/2024 1/1/2025 1,000,000 3 A ETD0561369 1/1/2024 1/1/2025 10,000,00033 10,000,000 10,000 A Hired Auto Physical Damage - ACV ETD0561369 1/1/2024 1/1/2025 Comprehensive-Collision - $1,000 Ded A Blanket Buildings ETD0561369 1/1/2024 1/1/2025 $131,676,890- $10,000 Deductible A Blanket Personal Property ETD0561369 1/1/2024 1/1/2025 $9,786,004 - $10,000 Deductible Sandy L. Orr Sandy L. Orr sandy.orr@bbrown.com 3 A Blanket BI/EE including Loss of Rents ETD0561369 1/1/2024 1/1/2025 $9,380,359 - 24 Hours Deductible Oregon Shakespeare Festival PO Box 158 15 S Pioneer Ashland OR 97520 78045207 3 respects General Liability when required by written agreement per attached endorsement. City of Ashland 20 E Main Street Ashland OR 97520 Re: Grant Agreement. The City of Ashland, its agents, directors, officers, employees and volunteers are included as additional insured as 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 1 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 1 of 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SOCIAL SERVICES COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.Endorsement -Table of Contents: Coverage:Begins on Page: 1.Employee Benefit Liability Coverage..........................................................................................32.Unintentional Failure To Disclose Hazards ................................................................................83.Damage To Premises Rented To You.........................................................................................94.Supplementary Payments..........................................................................................................105.Medical Payments .......................................................................................................................106.180 Day Coverage For Newly Formed Or Acquired Organizations .......................................107.Waiver Of Subrogation...............................................................................................................108.Automatic Additional Insured -Specified Relationships........................................................11•Managers Or Lessors Of Premises;•Lessor Of Leased Equipment;•Vendors;•State Or Governmental Agency Or Subdivision Or Political Subdivision -PermitsOr Authorizations;•Mortgagee, Assignee Or Receiver;•Grantor Of Franchise;•Owners, Lessees Or Contractors;•Controlling Interest; and•Benefactors Or Grantors9.Property Damage To Borrowed Equipment .............................................................................1510.Employees As Insureds -Specified Health Care Services .....................................................1611.Broadened Notice Of Occurrence .............................................................................................1612.Nonowned Aircraft......................................................................................................................1613.Bodily Injury Redefined..............................................................................................................1614.Expected Or Intended Injury Redefined ...................................................................................1615.Former Employees As Insureds................................................................................................1616.Broadened Who Is An Insured ..................................................................................................1617.Replacement Of Customers Keys Or Locks ............................................................................1718.Limited Employee Criminal Defense Expense Coverage .......................................................1719.Limited Assault Expense Coverage..........................................................................................1820.Limited Rental Lease Agreement Contractual Liability Coverage.........................................1921.Fellow Employee Coverage .......................................................................................................1922.Personal And Advertising Injury Redefined.............................................................................1923.Voluntary Property Damage Coverage.....................................................................................2024.Worldwide Liability Coverage Extension .................................................................................2125.Client Defined..............................................................................................................................23 B.Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1.Employee Benefit Liability Coverage Each Employee Limit:$1,000,000 Aggregate Limit:$3,000,000 Deductible Amount:$1,000 3.Damage To Premises Rented To You 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 2 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 2 of 23 a.The lesser of: (1)The Each Occurrence Limit shown in the Declarations; or(2)$1,000,000 b.$30,000 aggregate sublimit for damage caused by your "client" 4.Supplementary Payments a.Bail Bonds:$5,000 b.Loss Of Earnings:$1,000 9.Property Damage To Borrowed Equipment Each Occurrence Limit:$10,000 Deductible Amount:$250 17.Replacement Of Customers Keys Or Locks Each Occurrence Limit:$25,000 Deductible Amount:$250 18.Limited Employee Criminal Defense Expense Coverage Each Criminal Proceedings Limit:$10,000 Aggregate Limit:$50,000 19.Limited Assault Expense Coverage Each Person Limit:$10,000 Aggregate Limit:$25,000 20.Limited Rental Lease Agreement Contractual Liability Coverage Each Occurrence Limit:$100,000 23.Voluntary Property Damage Coverage Each Occurrence Limit:$1,000 Aggregate Limit:$5,000 Deductible Amount:$250 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 3 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 3 of 23 C.Coverages 1.Employee Benefit Liability Coverage a.The following is added to The follow- ing is added to Section I -Coverag-es: (1)Insuring Agreement (a)We will pay those sums thattheinsured becomes legally obligated to pay as damag- es caused by any act, error or omission of the insured, or of any other person for whose acts the insured is legally liable, to which this insurance applies. We will have the right and duty to defend the insured against any "suit"seeking those damages. However, we willhaveno duty to defend against any "suit"seeking damages to which this in-surance does not apply. We may,at our discretion,in- vestigate any report of an act, error or omission and settle any claim or "suit"thatmay result. But: 1)The amount we will pay for damages is limited as described in Sec-tion III -Limits Of In-surance; and 2)Our right and duty to defend ends when we have used up the appli- cable limit of insurance in the payment of judgments or settle- ments. No other obligation or liabil- ity to pay sums or perform acts or services is coveredunlessexplicitly provided for under Supplementary Pay- ments. (b)This insurance applies to damages only if the act,er- ror or omission, is negligent-ly committed in the "admin- istration"of your "employee benefit program"; and 1)Occurs during the poli- cy period; or 2)Occurred prior to the "first effective date"of this endorsement pro- vided: a)You did not haveknowledge of a claim or "suit"on or before the "first effective date"of this endorsement. You will be deemed to have knowledge of a claim or "suit" when any "author-ized representa- tive"; i)Reports all, or any part, of the act, error or omission tousor any oth- er insurer; ii)Receives awritten or ver- bal demand or claim for damages be- cause of theact, error or omission; and b)There is no other applicable insur- ance. (2)Exclusions This insurance does not apply to: (a)Bodily Injury,PropertyDamageOrPersonal AndAdvertising Injury "Bodily injury", "property damage"or "personal and advertising injury". (b)Dishonest,Fraudulent,Criminal Or Malicious Act Damages arising out of any intentional, dishonest, fraudulent, criminal or mali- cious act, error or omission, committed by any insured,including the willful or reck- less violation of any statute. (c)Failure To Perform A Con-tract Damages arising out of fail- ure of performance of con-tract by any insurer. 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 4 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 4 of 23 (d)Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the "employee benefit pro-gram". (e)Inadequacy Of Perfor-mance Of Invest-ment/Advice Given WithRespect To Participation Any claim based upon: 1)Failure of any invest- ment to perform; 2)Errors in providing in- formation on past per- formance of investment vehicles; or 3)Advice given to any person with respect to that person's decisionto participate or not to participate in any plan included in the "em- ployee benefit pro- gram". (f)Workers'CompensationAnd Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers'compensation, un- employment compensation insurance, social security ordisability benefits law or any similar law. (g)ERISA Damages for which any in- sured is liable because of li- ability imposed on a fiduci-ary by the Employee Re- tirement Income Security Act of 1974, as now orhereafter amended,or by any similar federal, state or local laws. (h)Available Benefits Any claim for benefits to the extent that such benefits areavailable, with reasonable effort and cooperation of the insured,from the applicable funds accrued or other col- lectible insurance. (i)Taxes, Fines Or Penalties Taxes, fines or penalties, including those imposed under the Internal Revenue Code or any similar state or local law. (j)Employment-Related Practices Any liability arising out of any: (1)Refusal to employ; (2)Termination of em- ployment; (3)Coercion, demotion, evaluation, reassign- ment, discipline, defa-mation, harassment, humiliation, discrimina- tion or other employ- ment -related practic- es, acts or omissions; or (4)Consequential liability as a result of (1),(2)or (3)above. This exclusion applies whether the insured may beheld liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3)Supplementary Payments Section I -Coverages, Sup-plementary Payments -Cov-erages A And B also apply to this Coverage. b.Who Is An Insured As respects Employee Benefit Lia-bility Coverage, Section II -Who IsAnInsuredisreplacedbythefollow- ing: (1)If you are designated in the Dec- larations as: (a)An individual,you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. (b)A partnership or joint ven- ture, you are an insured. 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 5 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 5 of 23 Your members, your part- ners,and their spouses are also insureds but only withrespect 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 in- sureds, but only with re- spect to their duties as yourmanagers. (d)An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers"and di-rectors are insureds, but on- ly with respect to their du- ties as your officers or direc- tors. Your stockholders are also insureds, but only withrespect to their liability as stockholders. (e)A trust, you are an insured.Your trustees are also in- sureds, but only with re- spect to their duties as trus- tees. (2)Each of the following is also an insured: (a)Each of your "employees" who is or was authorized to administer your "employee benefit program"; (b)Any persons, organizations or "employees"having proper temporary authoriza- tion to administer your "em- ployee benefit program"if you die, but only until yourlegalrepresentativeisap- pointed; or (c)Your legal representative if you die,but only with re- spect to duties as such. That representative willhaveallyourrightsand du- ties under this Coverage Part. (3)Any organization you newly ac- quire or form, other than a part- nership,joint venture or limited liability company, and over which you maintain ownership ormajority interest,will qualify as a Named Insured if no other simi- lar insurance applies to that or- ganization. However, coverage under this provision: (a)Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b)Does not apply to any act,error or omission that was committed before you ac- quired or formed the organi- zation. c.Limits Of Insurance As respects Employee Benefit Lia-bility Coverage, Section III -LimitsOf Insurance is replaced by the fol- lowing: (1)The Limits of Insurance shown in Section B. Limits Of Insur-ance, 1.Employee Benefit Li-ability Coverage and the rules below fix the most we will pay regardless of the number of: (a)Insureds; (b)Claims made or "suits" brought; (c)Persons or organizations making claims or bringing "suits"; (d)Acts, errors or omissions; or (e)Benefits included in your "employee benefit pro-gram". (2)The Aggregate Limit shown in Section B.Limits Of Insurance, 1.Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages because of acts, errors or omissions negligently commit- ted in the "administration"of your "employee benefit pro-gram". (3)Subject to the limit described in (2)above,the Each EmployeeLimit shown in Section B.LimitsOf Insurance, 1.EmployeeBenefit Liability Coverage ofthisendorsement is the most we will pay for all damages sus- tained by any one "employee", including damages sustained by such "employee's"dependentsand beneficiaries, as a result of: (a)An act, error or omission; or 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 6 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 6 of 23 (b)A series of related acts, er- rors or omissions,regard- less of the amount of timethat lapses between such acts, errors or omissions; negligently committed in the"administration"of your "em- ployee benefit program". However, the amount paid underthisendorsement shall not ex- ceed, and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the "employee benefit program". (4)Deductible Amount (a)Our obligation to pay dam- ages on behalf of the in- sured applies only to the amount of damages in ex- cess of the Deductible Amount stated in the Decla-rations as applicable to Each Employee. The limits of insurance shall not be re-duced by the amount of this deductible. (b)The Deductible Amount stated in the Declarations applies to all damages sus- tained by any one "employ- ee", including such "em- ployee's"dependents and beneficiaries,because of all acts, errors or omissions to which this insurance ap- plies. (c)The terms of this insurance, including those with respect to: 1)Our right and duty to defend the insured against any "suits" seeking those damag- es; and 2)Your duties, and the duties of any other in- volved insured, in the event of an act, error or omission, or claim; apply irrespective of the ap- plication of the Deductible Amount. (d)We may pay any part or all of the Deductible Amount to effect settlement of any claim or "suit"and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the Deductible Amount as wehave paid. d.Additional Conditions As respects Employee Benefit Lia-bility Coverage,Section IV -Com-mercial General Liability Condi-tions is amended as follows: (1)Item 2.Duties In The Event OfOccurrence,Offense, Claim Or Suit is deleted in its entirety andreplaced by the following: 2.Duties In The Event Of An Act, Error Or Omission, Or Claim Or Suit a.You must see to it that we are notified as soon as practicable of an act, error or omission which may result in a claim. To the extent possible, notice should include: (1)What the act, error or omission was and when it oc- curred; and (2)The names and addresses of any- one who may suf- fer damages as a result of the act, error or omission. b.If a claim is made or "suit"is brought against any insured, you must: (1)Immediately rec-ord the specifics of the claim or "suit" and the date re-ceived; and (2)Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or"suit"as soon as prac- ticable. c.You and any other in-volved insured must: (1)Immediately send us copies of any demands, notices, summonses or le- gal papers re- ceived in connec- 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 7 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 7 of 23 tion with the claim or "suit"; (2)Authorize us to ob- tain records and other information; (3)Cooperate with us in the investigation or settlement of the claim or de-fense against the "suit"; and (4)Assist us,upon our request, in the enforcement of any right against any person or or- ganization which may be liable to the insured be-cause of an act, error or omission to which this in-surance may also apply. d.No insured will, except at that insured's own cost, voluntarily make a payment,assume any obligation, or incur any expense without our consent. (2)Item 5.Other Insurance is re- placed by the following: 5.Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limitedas follows: a.Primary Insurance This insurance is pri- mary except when c.below applies. If this in- surance is primary, our obligations are not af- fected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the meth- od described in b.be-low. b.Method Of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not per- mit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share isbased on the ratio of its applicable limit of in- surance to the total ap- plicable limits of insur- ance of all insurers. c.No Coverage This insurance shall not cover any loss for which the insured is en- titled to recovery under any other insurance in force previous to the ef- fective date of this Coverage Part. e.Additional Definitions As respects Employee Benefit Lia-bility Coverage,Section V -Defini-tions is amended as follows: (1)The following definitions are added: 1."Administration"means: a.Providing information to "employees", including their dependents and beneficiaries,with re- spect to eligibility for or scope of "employee benefit programs"; b.Interpreting the "em-ployee benefit pro- grams"; c.Handling records in connection with the "employee benefit pro- grams"; or d.Effecting, continuing or terminating any "em- ployee's"participation in any benefit included in the "employee bene- fit program". 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 8 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 8 of 23 However, "administration" does not include: a.Handling payroll deduc- tions; or b.The failure to effect or maintain any insurance or adequate limits of coverage of insurance, including but not limited to unemployment in- surance, social security benefits, workers'com- pensation and disability benefits. 2."Cafeteria plans"means plans authorized by appli- cable law to allow "employ- ees"to elect to pay for cer- tain benefits with pre-tax dollars. 3."Employee benefit pro- grams"means a program providing some of all of the following benefits to "em- ployees", whether provided through a "cafeteria plan"or otherwise: a.Group life insurance; group accident or health insurance; den- tal,vision and hearing plans; and flexible spending accounts; provided that no one other than an "employ- ee"may subscribe to such benefits and such benefits are made gen- erally available to those "employees"who satis-fy the plan's eligibility requirements; b.Profit sharing plans, employee savings plans, employee stock ownership plans, pen-sion plans and stock subscription plans,pro- vided that no one other than an "employee" may subscribe to such benefits and such ben- efits are made general- ly available to all "em- ployees"who are eligi- ble under the plan for such benefits; c.Unemployment insur- ance, social security benefits, workers'com- pensation and disability benefits; and d.Vacation plans, includ- ing buy and sell pro- grams; leave of ab- sence programs, in-cluding military, mater- nity, family, and civil leave; tuition assis- tance plans; transporta- tion and health club subsidies. 4."First effective date"means the date upon which cover- age was first effected in a series of uninterrupted re-newals of insurance cover- age. (2)The following definitions are de-leted in their entirety and re- placed by the following: 8."Employee"means a per-son actively employed, for- merly employed, on leave of absence or disabled, or re-tired. "Employee"includes a "leased worker". "Employ- ee"does not include a "temporary worker". 21."Suit"means a civil pro- ceeding in which money damages because of an act, error or omission to whichthisinsuranceappliesare alleged. "Suit"includes: a.An arbitration proceed-ing in which such dam- ages are claimed and to which the insured must submit or does submit with our con- sent; b.Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the in- sured submits with our consent; or c.An appeal of a civil proceeding. 2.Unintentional Failure To Disclose Haz-ards Section IV -Commercial General Lia-bility Conditions, 7.Representations isamended by the addition of the following: 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 9 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 9 of 23 Based on our dependence upon your rep- resentations as to existing hazards, if un- intentionally you should fail to disclose all such hazards at the inception date of your policy,we will not reject coverage under this Coverage Part based solely on such failure. 3.Damage To Premises Rented To You a.The last Paragraph of 2. ExclusionsunderSection I -Coverage A -Bod-ily Injury And Property Damage Li-ability is replaced by the following: Exclusions c.through q.do not ap- ply to "property damage"by fire, ex- plosion, lightning, smoke or soot to premises while rented to you or temporarily occupied by you with permission of the owner,for which the amount we will pay is limited totheDamage To Premises Rented To You Limit as described in Sec-tion III -Limits Of Insurance. b.The insurance provided under Sec-tion I -Coverage A -Bodily InjuryAnd Property Damage Liability ap-plies to "property damage"arising out of water damage to premises that are both rented to and occupied by you. (1)As respects Water Damage Le- gal Liability, as provided in Par- agraph 3.b.above: The exclusions under Section I -Coverage A -Bodily InjuryAnd Property Damage Liabil-ity, 2. Exclusions,other than i.War and the Nuclear EnergyLiability Exclusion (BroadForm), are deleted and the fol- lowing are added: This insurance does not apply to: (a)"Property damage": (i)Assumed in any con- tract or agreement; or (ii)Caused by or resulting from any of the follow- ing: 1)Wear and tear; 2)Rust or other cor-rosion, decay,de- terioration, hidden or latent defect or any quality in property that causes it to dam- age or destroy it- self; 3)Smog; 4)Mechanical break-down including rupture or bursting caused by centrif- ugal force; 5)Settling,cracking, shrinking or ex- pansion; 6)Nesting or infesta- tion, or discharge or release of waste products or secretions, by in- sects, birds,ro- dents or other an- imals; or 7)Presence, growth, proliferation, spread or any ac- tivity of fungus,in- cluding mold or mildew, and any mycotoxins, spores, scents or byproducts pro-duced or released by fungi. (b)"Property Damage"causeddirectly or indirectly by any of the following: (i)Earthquake, volcaniceruption, landslide or any other earth move- ment; (ii)Water that backs up or overflows or is other- wise discharged from a sewer,drain, sump, sump pump or relatedequipment; (iii)Water under the ground surface pressing on, or flowing or seeping through: 1)Foundations, walls, floors or paved surfaces; 2)Basements,whether paved or not; or 3)Doors,windows orotheropenings. 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 10 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 10 of 23 (c)"Property damage"caused by or resulting from water that leaks or flows from plumbing,heating, air condi- tioning, fire protection sys- tems,or other equipment, caused by or resulting from freezing, unless: (i)You did your best to maintain heat in the building or structure; or (ii)You drained the equipment and shut off the water supply if the heat was not main- tained. (d)"Property damage"to: (i)Plumbing,heating, air conditioning,fire pro- tection systems,or oth- er equipment or appli- ances; or (ii)The interior of any building or structure, or to personal property in the building or structure caused by or resulting from rain, snow, sleet or ice,whether driven by wind or not. c.Limit Of Insurance With respect to the insurance afford- ed in Paragraphs 3.a.and 3.b.above, the Damage To PremisesRented To You Limit as shown in the Declarations is amended as fol- lows: (1)Paragraph 6. of Section III -Limits Of Insurance is replaced by the following: 6.Subject to Paragraph 5.above, the Damage ToPremisesRentedTo YouLimit is the most we will pay under Coverage A -BodilyInjury And Property Dam-age Liability for damages because of "property dam- age"to any one premises: a.While rented to you, or temporarily occupied by you with permission of the owner; b.In the case of damage by fire, explosion, light- ning,smoke or soot, while rented to you; or c.In the case of damage by water, while rented to and occupied by you. (2)The most we will pay is limited as described in Section B.Lim-its Of Insurance, 3.DamageToPremisesRentedToYou of this endorsement. 4.Supplementary Payments Under Section I -Supplementary Pay-ments -Coverages A And B: a.Paragraph 2.is replaced by the fol- lowing: Up to the limit shown in Section B.Limits Of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out oftheuseofany vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b.Paragraph 4.is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Section B.Limits Of Insurance, 4.b.Loss Of Earnings of this en-dorsement per day because of time off from work. 5.Medical Payments Section I -Coverage C -Medical Pay-ments, 2.Exclusions,a.Any Insured is replaced by the following: a.Any Insured To any insured, except: (1)A "volunteer worker"; or (2)A student in training, medical di- rector or administrator who isproviding services on your be- half. 6.180 Day Coverage For Newly FormedOr Acquired Organizations Section II -Who Is An Insured is amended as follows: Subparagraph a.of Paragraph 3.is re- placed by the following: a.Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 11 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 11 of 23 or the end of the policy period, whichever is earlier; 7.Waiver Of Subrogation Section IV -Commercial General Lia-bility Conditions, 9.Transfer Of RightsOf Recovery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract or agree- ment with that person or organization and included in the "products-completed op- erations hazard". However, our rights may only be waived prior to the "occurrence"giving rise to the injury or damage for which we make payment under this Cov- erage Part. The insured must do nothingafter a loss to impair our rights.At our re- quest, the insured will bring "suit"or transfer those rights to us and help us en- force those rights. 8.Automatic Additional Insured -Speci-fied Relationships a.The following is added to Section II -Who Is An Insured: (1)Any person(s)or organization(s)described in Paragraph 8.a.(2)of this endorsement (hereinafter referred to as additional insured) whom you are required to add as an additional insured under this Coverage Part by reason of a written contract, written agreement, written permit or written authorization or, only with respect to Paragraph 8.a.(2)(i)of this endorsement,an oral agreement or contract. (2)Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coverage provid- ed to such additional insureds is limited as provided herein: (a)Managers Or Lessors OfPremises The manager or lessor of apremisesleased to you with whom you have agreed per Paragraph 8.a.(1)of thisendorsementto provide in- surance, but only with re- spect to liability arising out of the ownership,mainte- nance or use of that part of the premises leased to you, subject to the following ad- ditional exclusions: This insurance does not ap-ply to: (i)Any "occurrence"which takes place after you cease to be a tenant in that premises; (ii)Structural alterations, new construction or demolition operations performed by or on be- half of such additional insured. (b)Lessor Of Leased Equip-ment Any person or organization from whom you lease equipment when you and such person(s) or organiza- tion(s) have agreed per Paragraph 8.a.(1)of thisendorsement to provide in- surance. Such person(s) or organization(s) are insuredsonly with respect to liability for "bodily injury", "property damage"or "personal and advertising injury"caused, in whole or in part, by yourmaintenance, operation or use of equipment leased to you by such person(s) or organization(s). A person's or organization's status as an additional insured under this endorsement endswhentheir contract or agreement with you for such leased equipment ends.However, this insurance does not apply to any "oc- currence"which takes place after the equipment lease expires. (c)Vendors Any person or organization (referred to below as ven- dor) with whom you have agreed per Paragraph8.a.(1)of this endorsementto provide insurance, but only with respect to "bodily injury"or "property damage" arising out of "your prod- ucts"which are distributed or sold in the regular course 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 12 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 12 of 23 of the vendor's business, subject to the following ad- ditional exclusions: (i)The insurance afforded the vendor does not apply to: 1)"Bodily injury"or "property damage" for which the ven-dor is obligated to pay damages by reason of the as- sumption of liabil- ity 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; 2)Any express war- ranty unauthorized by you; 3)Any physical or chemical change in the product made intentionally by the vendor; 4)Repackaging, ex- cept when un- packed solely for the purpose of in- spection, demon- stration,testing, or the substitution of parts under in- structions from the manufacturer,and then repackaged in the original con- tainer; 5)Any failure to make such inspec- tions, adjustments, tests or servicing as the vendor has agreed to make or normally under- takes to make in the usual course of business, in connection with the distribution or sale of the prod- ucts; 6)Demonstration,in- stallation, servic- ing or repair oper- ations,except such operations performed at the vendor's premises in connection with the sale of the product; 7)Products which, after distribution or sale by you, have been labeled or re- labeled or used as a container, part oringredientof any other thing or sub- stance by or for the vendor; or. 8)"Bodily injury"or "property damage"arising out of the sole negligence of the vendor for its own acts or omis- sions or those of its employees or anyone else acting on its behalf. However, this ex- clusion does not apply to: a)The excep- tions con- tained in Par- agraphs(c)(i)4)or 6) of this endorse- ment;or b)Such inspec- tions, adjust- ments, tests orservicingas the vendor has agreed to make or nor- mally under-takes to make in the usual course of business, in connection with the distri- bution or sale of the prod- ucts. (ii)This insurance doesnotapply to any in- sured person or organi- zation: 1)From whom you have acquired 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 13 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 13 of 23 such products, or any ingredient, part or container, entering into, ac- companying or containing such products; or 2)When liability in- cluded within the "products- completed opera- tions hazard"has been excluded under this Cover- age Part with re- spect to such products. (d)State Or GovernmentalAgency Or Subdivision OrPolitical Subdivision -Permits Or Authorizations Any state or governmentalagency or subdivision or po- litical subdivision with which you have agreed per Para- graph 8.a.(1)of this en- dorsement to provide insur-ance, subject to the follow- ing additional provision: This insurance applies only: (i)With respect to the fol- lowing hazards for which the state or gov-ernmental agency or subdivision or political subdivision has issued a permit or authoriza- tion in connection with premises you own, rent or control and to which this insurance applies: 1)The existence, maintenance, re-pair, construction, erection or remov- al of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, mar-quees, hoist away openings, side- walk vaults,street banners or deco- rations and similar exposures; or 2)The construction, erection or remov- al of elevators; or 3)The ownership, maintenance or use of any eleva-tors covered by this insurance. (ii)With respect to opera-tions performed by you or on your behalf for which the state or gov- ernmental agency or subdivision or political subdivision issued, in writing, a contract, agreement, permit or authorization. However, with regard to(d)(ii)above, this in- surance does not apply to: 1)"Bodily injury", "property damage" or "personal andadvertising injury" arising out of op- erations performed for the federal government, state or municipality; or 2)"Bodily injury"or "property damage"included within the "products- completed opera- tions hazard". (e)Mortgagee, Assignee OrReceiver Any person or organization with whom you have agreed per Paragraph 8.a.(1) of this endorsement to provide in- surance, but only with re- spect to their liability as mortgagee, assignee, or re-ceiver and arising out of the ownership, maintenance, or use of the premises by you. However, this insurance does not apply to structural alterations, new construc- tion and demolition opera- tions performed by or forthat person or organization. (f)Grantor Of Franchise Any person or organization with whom you have agreed per Paragraph 8.a.(1)of this endorsement to provide in-surance, but only with re- spect to their liability as the 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 14 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 14 of 23 grantor of a franchise to you. (g)Owners, Lessees Or Con-tractors Any person or organization with whom you have agreed per Paragraph 8.a.(1)of this endorsement to provide in- surance, but only with re-spect to liability for "bodily injury,""property damage" or "personal and advertis- ing injury"caused, in whole or in part, by: i)Your acts or omissions; or ii)The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when re- quired by a written contract. With respect to the insur- ance afforded to these addi- tional insureds, the following exclusions apply: This insurance does not ap- ply to "bodily injury"or "property damage"occur- ring after: 1)All work, including ma- terials,parts or equip- ment furnished in con-nection with such work, on the project (other than service, mainte-nance or repairs) to be performed by or on be- half of the additional in- sured(s) at the location of the covered opera-tions has been com- pleted; or 2)That portion of "yourwork"out of which the injury or damage arises has been put to its in- tended use by any per- son or organization other than another con- tractor or subcontractorengagedin performing operations for a princi- pal as a part of the same project. (h)Controlling Interest Any person or organization with whom you have agreed per Paragraph 8.a.(1)of thisendorsement to provide in- surance, but only with re- spect to their liability arising out of: (i)Their financial control of you; or (ii)Premises they own maintain or control while you lease or oc- cupy these premises. This insurance does not ap- ply to structural alterations, new construction and demo- lition operations performed by or for that person or or- ganization. (i)Benefactors Or Grantors Any person or organization with whom you have agreed per Paragraph 8.a.(1)above to provide insurance, but only with respect to "bodilyinjury", "property damage", or "personal and advertising injury"arising out of: (i)Their providing financ- ing or funding to you; or (ii)Premises they own, maintain or control while you lease or oc- cupy these premises. This insurance does not ap- ply to structural alterations, new construction and demo-lition operations performed by or for that person or or- ganization. (3)The insurance afforded to addi- tional insureds described in Par- agraph 8.a.(1) of this endorse- ment: (a)Only applies to the extent permitted by law; and (b)Will not be broader than that which you are required by the written contract,written agreement, written permit or written authorization to pro-vide for such additional in- sured; and (c)Does not apply to any per-son, organization, vendor, state, governmental agency 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 15 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 15 of 23 or subdivision or political subdivision, specifically named as an additional in-sured under any other pro- vision of, or endorsement added to, this Coverage Part,provided such other provision or endorsement covers the injury or damage for which this insurance ap-plies. b.With respect to the insurance afford- ed to the additional insureds de-scribed in Paragraph 8.a.(1) of this endorsement, the following is added to Section III -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: (1)Required by the written contract, written agreement, written permit or written authorization de-scribed in Paragraph 8.a.(1) of this endorsement; or (2)Available under the applicableLimitsof Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. c.Section IV -Commercial GeneralLiability Conditions is amended to include the following: Automatic Additional Insured Pro-vision This insurance applies only if the"bodily injury"or "property damage" occurs, or the "personal and advertis- ing injury"offense is committed: (1)During the policy period; and (2)Subsequent to your execution of the written contract or writtenagreement, or the issuance of a written permit or written authori- zation,described in Paragraph8.a.(1). d.Section IV -Commercial GeneralLiability Conditions is amended asfollows: Condition 5. Other Insurance is amended to include: Primary And Noncontributory In-surance This insurance is primary to and will not seek contribution from any other insurance available to an additionalinsured per Paragraph 8.a.(1)of this endorsement provided that: (1)The additional insured is aNamedInsured under such oth- er insurance; and (2)You have agreed in writing in acontract, agreement, permit or authorization described in 8.a.(2) of this endorsement that this in- surance would be primary and would not seek contribution from any other insurance available to the additional insured. 9.Property Damage To Borrowed Equipment a.The following is added to Exclusion2.j.Damage To Property under Section I -Coverage A -Bodily In-jury And Property Damage Liabil-ity: Paragraphs (3)and (4)of this exclu- sion do not apply to tools or equip-ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b.With respect to the insurance provid- ed by this section of the endorse- ment, the following additional provi-sions apply: (1)The Limits of Insurance shown in the Declarations are replacedbythe limits designated in Sec- tion B.Limits Of Insurance, 9. Property Damage To Bor-rowed Equipment of this en- dorsement with respect to cov-erage provided by this endorse- ment. These limits are inclusive of and not in addition to the lim- its being replaced. The Limits of Insurance shown in Section B.Limits Of Insurance, 9. Proper-ty Damage To Borrowed Equipment of this endorsement fix the most we will pay in any one "occurrence"regardless ofthe number of: (a)Insureds; (b)Claims made or "suits"brought; or (c)Persons or organizations making claims or bringing"suits". (2)Deductible Clause 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 16 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 16 of 23 (a)Our obligation to pay dam- ages on your behalf applies only to the amount of dam-ages for each "occurrence" which are in excess of the Deductible Amount stated in Section B.Limits Of Insur-ance, 9.Property Damage To Borrowed Equipmentofthisendorsement. The limits of insurance will not be reduced by the applica- tion of such Deductible Amount. (b)Section IV -Commercial General Liability Condi-tions, 2. Duties In TheEventOf Occurrence,Of-fense,Claim Or Suit,ap- plies to each claim or "suit" irrespective of the amount. (c)We may pay any part or all of the deductible amount to effect settlement of anyclaimor "suit"and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 10.Employees As Insureds -Specified Health Care Services Paragraph 2.a.(1)(d)under Section II -Who Is An Insured does not apply to: Your "employees"who provide profes- sional health care services on your behalf as a duly licensed nurse, emergency medical technician or paramedic in the ju- risdiction where an "occurrence"or of- fense to which this insurance appliestakes place. 11.Broadened Notice Of Occurrence Paragraph a.of Condition 2. Duties InThe Event Of Occurrence, Offense, Claim Or Suit under Section IV -Com-mercial General Liability Conditions isreplaced by the following: a.You must see to it that we are noti- fied as soon as practicable of an "oc-currence"or an offense which may result in a claim. To the extent possi- ble, notice should include: (1)How, when and where the "oc- currence"or offense took place; (2)The names and addresses of any injured persons and wit- nesses; and (3)The nature and location of any injury or damage arising out of the "occurrence"or offense. This requirement applies only when the "occurrence"or offense is known to an "authorized representative". 12.Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft, Auto Or Watercraft under Sec-tion I -Coverage A -Bodily Injury AndProperty Damage Liability: This exclusion does not apply to an air- craft you do not own, provided: a.The pilot in command holds a current effective certificate, issued by a duly constituted authority of the United States of America or Canada, desig- nating that person as a commercial or airline transport pilot; b.The aircraft is rented with a trained, paid crew; and c.The aircraft does not transport per- sons or cargo for a charge. 13.Bodily Injury Redefined Section V -Definitions, 4."Bodily injury"is replaced by the following: 4."Bodily injury"means bodily harm or injury, sickness, disease,disability, humiliation, shock, fright, mental an- guish or mental injury,including care, loss of services or death resulting from any of these at any time. 14.Expected Or Intended Injury Redefined The last sentence of Exclusion 2.a.Ex-pected Or Intended Injury under Sec-tion I -Coverage A -Bodily Injury AndProperty Damage Liability is replaced by the following: This exclusion does not apply to "bodily injury"or "property damage"resulting from the use of reasonable force to pro- tect persons or property. 15.Former Employees As Insureds The following is added to Paragraph 2.under Section II -Who Is An Insured: 2.Each of the following is also an in-sured: Any of your former "employees", di- rectors, managers, members, part-ners or "executive officers", including but not limited to retired, disabled or those on leave of absence, but only for acts within the scope of their em- 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 17 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 17 of 23 ployment by you or for duties related to the conduct of your business. 16.Broadened Who Is An Insured a.Section II -Who Is An Insured, Paragraph 2.is amended to include: 2.Each of the following is also an insured: a.Your officials, trustees, board members, insurance managers, medical directorsandadministratorswhile acting within the scope of their duties as such. b.Your students in training and "not for profit mem- bers", but only with respects to their liability for duties or activities they perform on your behalf. c.Your "independent contrac- tor"but only with respects to their liability for services provided to your "client". b.Section IV -Commercial GeneralLiability Conditions, 5. Other In-surance is replaced by the following: 5.Other Insurance This insurance is excess over any other valid and collectible insurance, including deductible, or agreement of indemnity avail- able to the "independent con- tractor", whether primary,ex- cess,contingent or on any other basis. Other valid and collectible insurance includes,but is not limited to,policies or insuranceprogramspurchasedor estab- lished by or on behalf of the "in- dependent contractor"to insure against liability arising from ac- tivities of the "independent con- tractor", whether primary,ex- cess,contingent, or on any other basis. c.Section V -Definitions is amended to include: 1."Independent contractor" means a social service pro- fessional who you do not classify as an "employee", and to whom you refer "cli- ents"or who provide ser- vices to your "clients"on your behalf. An "independ- ent contractor"does not in- clude those performing con- struction,weatherization, maintenance and related services. 2."Not for profit members" means a person who is a member of a not-for-profitorganization, including clubs and churches, who receives no financial or other com- pensation. 17.Replacement Of Customers Keys OrLocks Section I -Coverage A -Bodily InjuryAnd Property Damage Liability, 2. Ex-clusions,j. Damage To Property, (4) is replaced by the following: (4)Personal property in the care, custo- dy, or control of an insured. However, this exclusion does not ap- ply to the replacement of keys, ad- justment of locks to accept new keys, or if required, replacement and instal- lation of locks, or the hiring of tempo- rary security services as a result of you or your "employees"losing keyson your customer's premises. (a)The most we will pay is limited as described in Section B.Lim-its Of Insurance, 17.Replace-ment Of Customers Keys OrLocksof this endorsement. (b)Our obligation to pay damages on your behalf applies only to the amount of damages for each"occurrence"which are in ex- cess of the Deductible Amount stated in Section B. Limits Of Insurance, 17. Replacement Of Customers Keys Or Locks ofthisendorsement. The limits of insurance will not be reduced by the application of such deducti- ble amount. 18.Limited Employee Criminal Defense Expense Coverage a.Coverage (1)We will pay defense costs in- curred by your medical director or administrator for criminal pro- ceedings arising solely from acts in his or her capacity as medical director or administrator for you. However, you must have a prior written agreement with the med- ical director or administratorwhereby you agree to pay the medical director or administrator for such defense costs, and the 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 18 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 18 of 23 written agreement must include a provision for repayment by the medical director or administratorofdefensecostsin the event of a conviction or plea of guilty. b.Limits Of Insurance (1)The Limits of Insurance shown in Section B.Limits Of Insur-ance, 18.Limited EmployeeCriminal Defense ExpenseCoverageofthisendorsement is the most we will pay regard- less of the number of: (a)Insureds; (b)Claims, indictments madeor criminal proceedings brought; or (c)Persons or organizationsmaking claims or bringing criminal proceedings. (2)The Aggregate Limit shown inSection B. Limits Of Insurance,18.Limited Employee CriminalDefenseExpenseCoverage of this endorsement is the most we will pay during the "coverage term". (3)Subject to the limit described in(2)above, the Each Criminal Proceedings Limit shown in Sec- tion B. Limits Of Insurance,18.Limited Employee CriminalDefenseExpenseCoverageof this endorsement is the most wewillpay for covered defense costs arising out of any one criminal proceeding. 19.Limited Assault Expense Coverage a.We will pay medical expenses for "bodily injury"sustained by any in-sured resulting from an "assault" committed: (1)On premises you own or rent; (2)On premises of a "client"who is in your care; or (3)While you are traveling to orfrom those premises; because of your operations, provid- ed: (1)The "bodily injury"takes place in the "coverage territory"and dur- ing the policy period; (2)The expenses are incurred and reported to us within 60 days of the date of the "assault"; (3)The injured person submits to examination, at our expense, by physicians of our choice, as of-ten as we reasonably require; and (4)The actions of the injured persondidnot contribute in any way to the "bodily injury". b.We will make these payments re-gardless of fault. These payments will not exceed the applicable Limit of Insurance stated in Section B.LimitsOf Insurance, 19. Limited AssaultExpense Coverage. We will pay reasonable expenses for: (1)First aid administered at the time of the "assault"; (2)Necessary medical, surgical, x- ray and dental services, includ- ing prosthetic devices; and (3)Necessary ambulance,hospital, professional nursing and funeral services. c.We will pay for reimbursement for "property damage"to any insured's personal property sustained from an "assault"committed: (1)On premises you own or rent; (2)On premises of a "client"who is in your care; or (3)While you are traveling to or from those premises; because of your operations. d.Exclusions Workers'Compensation And Simi-lar Laws We will not pay expenses to an in-sured if valid and collectible workers' compensation coverage is in place or is required under a workers'com- pensation or disability benefits law or similar law. e.Limits Of Insurance (1)The Limits of Insurance shown in Section B. Limits Of Insur-ance,19. Limited Assault Ex-pense Coverage of this en- dorsement is the most we willpay regardless of the number of: (a)Claims made; or 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 19 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 19 of 23 (b)Persons or organizations making claims. (2)The Aggregate Limit shown in Section B. Limits Of Insurance,19.Limited Assault ExpenseCoverage of this endorsementisthe most we will pay during the "coverage term". (3)Subject to the limit described in(2)above, the Each Person Limit shown in Section B. Limits OfInsurance, 19. Limited AssaultExpense Coverage of this en- dorsement is the most we will pay for all "bodily injury"and "property damage"arising out ofany "assault"to any insured. f.Additional Definition For this endorsement only, SectionV -Definitions is revised to add the following definition: "Assault"means: (1)Any willful attempt to inflict phys- ical harm on an "employee"by someone other than another "employee"which results in "bodily injury"; or (2)Any willful attempt to inflict "property damage"on the per- sonal property of an "employee" by someone other than another "employee". 20.Limited Rental Lease Agreement Con-tractual Liability Coverage a.Section I -Coverage A -Bodily In-jury And Property Damage Liabil-ity, 2. Exclusions,b. ContractualLiability is amended to include the following: At your request,we will pay on yourbehalfdamagesarisingout of "bodily injury"or "property damage"that you are obligated to pay by reason of theassumptionof liability in a written contract or agreement, that is not an "insured contract", regarding the rental or lease of premises on behalf of your "client". This insurance applies only to a rent- al or lease agreement. b.As respects Limited Rental LeaseAgreementContractualLiabilityCoverage, Section IV -Commercial General Liability Conditions, 5. Other Insurance is replaced by the following: This insurance is excess over any other valid and collectible insurance, including deductible, or agreement of indemnity available to the "client", whether primary, excess, contingent or on any other basis. Other valid and collectible insurance includes, but is not limited to, policies or insurance programs purchased or established by or on behalf of the "client"to insure against liability aris- ing from activities of the "client", whether primary, excess,contingent,or on any other basis. c.The Limits Of Insurance shown in Section B. Limits Of Insurance, 20. Limited Rental Lease AgreementContractual Liability Coverage fix the most we will pay in any one "oc-currence"regardless of the number of: (a)Insureds; (b)Claims made or "suits"brought; or (c)Persons or organizations makingclaims or bringing "suits". 21.Fellow Employee Coverage Section II -Who Is An Insured is amended as follows: Paragraphs 2.a.(1)(a)and 2.a.(1)(b)are replaced by the following: (1)"Bodily injury"or "personal and ad- vertising injury": (a)To you. 22.Personal and Advertising Injury Rede-fined Section V -Definitions,17."Personal and advertising injury" is replaced by the following: 17."Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a.False arrest,detention or im- prisonment; b.Malicious prosecution; c.Abuse of process; d.The wrongful eviction from, wrongful entry into, or invasionoftherightofprivateoccupancy of a room,dwelling or premises that a person occupies, commit- 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 20 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 20 of 23 ted by or on behalf of its owner, landlord or lessor; e.Oral or written publication, in any manner, of material that slan- ders or libels a person or organi- zation or disparages a person's or organization's goods, prod- ucts or services; f.Oral or written publication, in anymanner, of material that violates a person's right of privacy; g.The use of another's advertising idea in your "advertisement"; h.Infringing upon another's copy- right, trade dress or slogan inyour "advertisement"; or i.Discrimination,based on race, color, religion, sex, age or na-tional origin, except when: (1)Done intentionally by or at the direction of, or with theknowledge or consent of: (a)Any insured; or (b)Any "executive officer", director,stockholder, partner or member of the insured; (2)Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental,lease or sub- lease of any room, dwelling or premises by or at the di- rection of any insured; or (3)Insurance for such discrimi- nation is prohibited by or held in violation of law,pub- lic policy, legislation, court decision or administrative ruling. This coverage does not apply to fines or penalties imposed because of dis- crimination. 23.Voluntary Property Damage Coverage a.Coverage D -Voluntary PropertyDamage Coverage Section I -Coverages is amended to include the following: (1)Insuring Agreement (a)We will pay the cost to re- pair or replace "propertydamage"to property of oth- ers arising out of operations incidental to your business when: 1)Damage is caused by you;or 2)Damage occurs while in your possession. At your written request,we will make this payment re- gardless of whether you are at fault for the "property damage". If you, at our request, re- place, or make any repairs to, damaged property of others, the amount we willpay under Voluntary Prop-erty Damage Coverage will be determined by your ac- tual cost to replace or repair the damaged property, ex- cluding any profit or over- head. Any payment we make un- der Voluntary Property Damage Coverage shall not be interpreted as an admission of liability by you or by us. It shall be your duty,not our duty,to defend any claim or "suit" to which this insur-ance applies. No other obligation or liabil- ity to pay sums or perform acts or services is covered. (b)This insurance applies to "property damage" only if: 1)The "property damage" takes place in the "cov- erage territory"; and 2)The "property damage" occurs during the policy period. (2)Exclusions This insurance does not apply to "property damage" that would beexcludedby Coverage A -Bodily Injury And PropertyDamageLiability,2. Exclu-sions,except for j. Damage To Property,paragraphs (3), (4), (5)and (6),k. Damage To Your Product,and l. Damage To Your Work. b.Limits Of Insurance And Deducti-bles 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 21 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 21 of 23 For purposes of the coverage provid- ed by Voluntary Property DamageCoverage, Section III -Limits Of Insurance is amended to include the following: (1)The Limits of Insurance shownin the Declarations are replaced by the limits designated in Sec- tion B.Limits Of Insurance,23.Voluntary Property DamageCoverage,of this endorsement. These limits are inclusive of,and not in addition to, the limits beingreplaced. The Limits of Insur- ance shown in the Schedule fix the most we will pay regardlessofthe number of: (a)Insureds; (b)Claims made or "suits" brought; or (c)Persons or organizations making claims or bringing "suits". (2)Subject to (3)below,the Volun-tary Property Damage Cover-age Each Occurrence Limit of Insurance is the most we will pay for the sum of damages un-der Voluntary Property Dam-age Coverage because of all "property damage" arising out of any one "occurrence". (3)The Voluntary Property Dam-age Aggregate Limit of Insur- ance is the most we will pay for the sum of all damages underVoluntary Property DamageCoverage. This limit applies separately to each "coverage term". (4)Deductible Clause (a)Our obligation to pay dam-ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount stated for the applicable coverage in the Schedule. The limitsofinsurance will not be re- duced by the application of such Deductible Amount. (b)Section IV -Commercial General Liability Condi-tions, 2. Duties In TheEvent Of Occurrence,Of-fense,Claim Or Suit,ap- plies to each claim or "suit" irrespective of the amount. (c)We may pay any part or all of the Deductible Amount to effect settlement of any claim or "suit" and, upon no-tification of the action taken, you shall promptly reim- burse us for such part of the Deductible Amount as has been paid by us. c.Definitions For purposes of Voluntary PropertyDamageCoverageonly, the follow- ing definitions under Section V -Def-initions are replaced by the follow- ing: 16."Occurrence"means an incident, including continuous or repeated exposure to substantially the same general harmful conditions that result in "property damage". 20."Property damage"means phys- ical injury to tangible property. "Electronic data"is not tangibleproperty, and "property damage" does not include disappearance, abstraction or theft. 24.Worldwide Liability Coverage Extension a.Section I -Coverage A -Bodily InjuryAnd Property Damage Liability, Cover-age B -Personal And Advertising Inju-ry Liability and Coverage C -Medical Payments are amended by adding thefollowing to their insuring agreements: With regard to claims or "suits"brought outside of the territory described in Para-graph a.of the definition of "coverage ter- ritory": If we are prevented by law or other cir-cumstances we deem beyond our control from investigating, settling or defending a claim or "suit"to which this insurance ap- plies, we will pay you for any reasonable expenses incurred with our written con-sent in the investigation, settlement or de- fense of said claim or "suit". However: (1)The amount we will pay for judg-ments or settlements is limited as described in Section III -Limits OfInsurance; and (2)Our duty to pay the reasonable cost of any investigation and defense ends when we have used up the ap- plicable limit of insurance in the pay- ment of judgments or settlements 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 22 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 22 of 23 under any coverage provided by this Coverage Part. With regard only to claims or "suits" brought outside of the territory described in Paragraph a.of the definition of "cover- age territory": If we are prevented by law or other cir- cumstances we deem beyond our control from investigating, settling or defending a claim or "suit"to which this insurance ap- plies, the insured must make or cause to be made such investigation,defense or settlement as may be reasonably neces- sary. However: (1)All such investigation, defense and settlement negotiations must be con- ducted under our supervision; and (2)Settlement of a claim or "suit" may only be made with our prior written authorization. b.Section I -Coverage A -Bodily InjuryAnd Property Damage Liability, 2. Ex-clusions and Coverage B -PersonalAnd Advertising Injury Liability,2. Ex-clusions are amended by adding the fol-lowing: This insurance does not apply to: (1)Any liability arising out of the owner- ship,maintenance or use of premises located outside of the territory de- scribed in Paragraph a.of the defini-tion of "coverage territory"; or (2)Any liability arising out of operations on the premises described in Para-graph (1)above or elsewhere which are necessary or incidental to the ownership, maintenance or use ofthose premises; or (3)Any liability arising out of goods or products manufactured or distributed from any premises described in (1)above. c.Section IV -Commercial General Lia-bility Conditions is amended as follows: 1.The following is added to Condition2. Duties In The Event Of Occur-rence, Offense, Claim Or Suit,but only with regard to claims or "suits" brought outside of the territory de- scribed in Paragraph a.of the defini- tion of "coverage territory" as modi-fied by 24.Worldwide LiabilityCoverage Extension, d.1. If we are prevented by law or othercircumstanceswe deem beyond our control from investigating,settling or defending a claim or "suit" to which this insurance applies, the insured must make or cause to be made such investigation,defense or set- tlement as may be reasonably nec- essary. However: a.All such investigation,defense and settlement negotiations must be conducted under our supervision; and b.Settlement of a claim or "suit" may only be made with our prior written authorization. 2.The following is added to Condition5. Other Insurance: d.With regard to claims or "suits" brought outside of the United States of America (including its territories and possessions), Puerto Rico and Canada, to which this insurance applies: (1)We will have no duty under any coverage of this en- dorsement to defend the in- sured against any "suit" ifany other insurer has a duty to defend the insured against that "suit". If no oth-er insurer defends, we will undertake to do so, but we will be entitled to the in- sured's rights against all those other insurers; and (2)We will pay only our share of the amount of loss, if any, that exceeds the sum of: (a)The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b)The total of all deducti-ble and self-insured amounts under all that other insurance. 3.The following Conditions are hereby added: (a)Office Of Foreign Assets Con-trol (OFAC) Compliance Whenever insurance coverage provided by this endorsement would be in violation of any United States economic or trade sanctions,such insurance cov- erage shall be null and void. (b)Required Insurance 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. Orr | 1/2/2024 1:47:29 PM (PST) | Page 23 of 24 Includes copyrighted material of Insurance GA 262 09 17 Services Office, Inc., with its permission.Page 23 of 23 This insurance is not a replace- ment for "required insurance". Insureds must conform with alllawsmandating"required insur- ance".An insured's non- compliance with any such law(s) shall not abrogate the insurance provided under this Coverage Part. Nevertheless, our liability in the event of an insured's non-compliance with a "required in- surance" law(s) will be, with re- gard to claims or "suits"to whichboth this insurance and any "re- quired insurance" would apply, no greater than it would have been had the insured been in compliance with the "requiredinsurance" law(s). We shall not be liable for nor will we pay any fees,fines or penal-ties which are the result of an in- sured's noncompliance with any "required insurance" law(s). (c)Currency The Limits of Insurance set forth in the Declarations for this Cov-erage Part are denominated in the currency of the United States of America (U.S. dollars). Any payments we make under the terms of this Coverage Part out- side of the United States of America in a currency other thanUnitedStatesdollarsshall be made at the prevailing currency exchange rate on the date a set-tlement is made, a judgment is rendered or other payable or in- demnifiable expenses are agreed to by us. In no event shall the total amounts payable or indemnifia- ble exceed the Limits of Insur- ance in United States currencyfor the applicable policy period of portion thereof. d.Additional Definitions As respects Worldwide Liability Cover-age Extension, Section V -Definitions is amended as follows: 1.Definition 6."Coverage territory" is replaced by the following: 6."Coverage territory" means: a.The United States of Ameri-ca (including its territories and possessions), Puerto Rico and Canada; or b.All parts of the world (ex- cept those where a United States of America Depart- ment of State ban is in ef- fect at the time of the "oc-currence" or offense, or when a claim or "suit"is brought), if the injury or damage arises out of: (1)An "occurrence" or of- fense caused by an in- sured while performing duties related to the conduct of your busi- ness and your business is located within the ter- ritory described in a.above; or (2)Goods or products made or sold by you in the territory describedina.above. 2.The following definition is added: "Required insurance" means any in-surance which an insured is obligat- ed to buy from domestic or licensed insurance companies under the lawsofany territory, other than the territo- ry described in Paragraph a.of the definition of "coverage territory". 25.Client Defined Section V -Definitions is amended by adding the following: "Client" means a person or organization served by or utilizing the services of your organization. 78045207 | 24 25 GL/AU/AUPD/UMB/HAPD | Sandy L. 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