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HomeMy WebLinkAboutA9369 - Elecnor Belco Electric, Inc. (CP 21-12)Recording Requested By: City of Palm Springs When Recorded Mail To: Name Brenda Pree, City Clerk Street Address 3200 E. Tahquitz Canyon Way City 8 State Palm Springs, CA 92262 NOTICE IS HEREBY GIVEN THAT 2024-0144873 05/20/2024 09:21 AM Fee: $ 0.00 Page 1 of 2 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder SPACE ABOVE THIS LINE FOR RECORDERS USE NOTICE OF COMPLETION (CA Civil Code §§ 8180-8190, 8100-8118. 9200-9208) 1. The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is: Fee (e.g. fee, leasehold, joint tenancy, etc.) 2. The full name and address of the undersigned owner or reputed owner and of all co -owners or reputed co -owners are: Name Street and No. City State of Palm Springs 3200 E. Tahquitz Canyon Way Palm 3. The name and address of the direct contractor for the work of improvement as a whole is: Elecnor Beloo Electric, Inc. 14320 Albers Way, Chino, CA 91710 CA 92262 4. This notice is given for (check one): 0 Completion of the work of improvement as a whole. ❑ Completion of a contract for a particular portion of the work of improvement (per CA Civ. Code § 8186). 5. if this notice is given only of completion of a contract for a particular portion of the work of improvement (as provided in CA Civ. Code § 8186), the name and address of the direct contractor under that contract is: Not Applicable 6. The name and address of the construction lender, if any, is: Not Applicable 7. On the 15 day of APn1 20 24 , there was completed upon the herein described property a work of improvement as a whole (or a particular portion of the work of improvement as provided in CA Civ. Code § 8186) a general description of the work provided: Installation of a High -Intensity Activated Crosswalk (HAWK) Signal, City Project 21-12 8. The real property herein referred to is situated in the City of Palm Springs State of California, and is described as follows: Intersection of E. Racquet Club Road and Via Miraleste 9. The street address of said property is: Intersection of E. Racquet Club Road and Via Miraleste County of Riverside 10. If this Notice of Completion is signed by the owners successor in interest, the name and address of the successor's transferor is: Not applicable I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 5,13 — 2 / By: Signature of Owner or Owners Authorized Agent Joel Montalvo/City Engineer City of Palm Springs Page I of 2 VERIFICATION I, Joel Montalvo state: I am the City Engineer _ ("Owner, "President", "Authorized Agent", 'Partner, etc.) of the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof', the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 13 , Z Zx (dare), at Palm springs (city), CA (slats). Signature of Owner or Owner's Authorized Agent Joel Montalvo/City Engineer City of Palm Springs A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ,R•,,, BRENr W1 NWry VubUc - California RKvNde county Commission a 2398347 0, m ' My Comm. Expires Mar 24, 2026 STATE OF CALIFORNIA COUNTY OF KtQ0T5,06p Onnu 13, ;W7 (date), before me, E Y U L L Notary Public (name and title of officer) personally appeare _ 6e who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Page 2 of 2 Signature Page 1 of 2 CERTIFICATE OF LIABILITY INSURANCE gA 0/28/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endor3ement(s). PRODUCER Willis ToNer. Watson Wert Aeast, Inc c/o 26 Century Blvd P.O. Boa 305191 Nashville, TN 312305191 USA RECEIVED INSURED NOV 0 7 2024 SI.. Sal.0 Blantric, Inc. 14320 Albsr. Way mime' CA 91710 OFFICE OF THE CITY CLE 1-077-955-7378 1-028-467-2378 INSURERA: Hartford Insurance Company of the Midwast INSURERS: Hartford dire Insurance Company NSURERC: Mavigatora Insurance Company WURERD: Sentinel Insurance Company Ltd INSURERS' Marks' American Insurance Company PAVFRAinCC CFRTIFICATF NIIIIRFR• U35958755 RFVICI(1N NIIMRFR 37.7E 19692 42307 3.1000 28232 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ._- p TYPE OF INSURANCE CYNUMB LSt78 x'� COMMERCIAL GENERAALL U[ABUJTY EACH OCCURRENCE :6 1,000,000 CLAWS MADE R OCCUR PREMISES Me documents)S 300,000 MED EXP (Amy was e S 10,000 A Y Y 10 USA mg U39 111/01/2024 11/01/2023 PERSONAL S ADV INJURY S 1,000,000 GENERAL AGGREGATE 9 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY x PRO" JECT - LOG PRODUCTS - COMPIOP AGO S 2,000,000 S OTHER AUTOMOBILE LIABILITY BINED SINGLE LIMIT a mmdtl_anp____ O L, 000, 000 BODILY INJURY (Par Pemm�y t X ANY AUTO • OWNED SCHEDULED AUTOS ONLY AUTOS x HIRED x NON -OWNED AUTOS ONLY AUTOS ONLY y Y 10 USA Nr1837 11/01/2024 11/01/2025 BODILY INJURY(Pms¢idM) $ PROPERTY -AMAG Per S 3 C UMOMM-LAUAB ('OCCUR EXCESS DAB CLAIMS -MADE 3,122e1IXC9189061V 11/01/2024 EACHOCCURRENCE 11/01/2025 AGGREGATE S 3,000,000 i( $ 31000,000 S DED 7 RETENTION$ WORKERS COMPENSATION V, FEK I QTH- AND EMPLOYERB'LIABILrrY YIN D ANYPROPRIETORPARTNERiEXECUTIVE r-FICERMEMBERE%CLUDED' o (MarmMlory m NH) NIA Y 10 NEA AU9T3V 11 /Ol/202e i STATUTE !.__I ER E.L. EACH ACCIDENT __ 11/Ol/2025 E.L. DISEASE EA EMPLOYEE S 1,000,000 S 1,000,000 II yea. aacriW alder DESCRIPTION OF OPERATIONS w E.L. DISEASE - POLICY LIMB S 11000,000 E Excess Liability NBLNIEUE100962 11/01/2024 11/02/2025 Bach Oeeuereuae IS5,000,000 Aggregate 1$5,000,000 DESCRIMON OF OPERATIONS: LOCATIONS I VEHICLES (ACORD 101, Additional Romerks Schedule. may he xfachad It more space Is reqused) Certificate Holder is included as an Additional Insured as respects to General Liability and Auto Liability. General Liability and Auto Liability shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. Waiver of Subrogation applies in favor of Additional Insured with respects to General Liability, Auto Liability and CFRTIFICATF Nru nFR CANCFL I ATUIN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Palm Springs AUTHORIZED REPRESENTATIVE 3200 E. Tahquitr Canyon Way Palm Spring., CA 92262 ✓U�(ia/LaL.p. 7 �, Zr" ® 1988.2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016)03) The ACORD name and logo are registered marks of ACORD SR m. 26643328 EArcm: 3679162 3284 -AGENCY CUSTOMER ID:. LOC N: Accmbp ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEDINSURED Willie Towers Watson Northeast, Inc. Eleanor Beleo Electric, Inc.14320 Albers way 'Chino, CA 91710 POLICY NUMBER Bee Page 1 CARRIER NAIC CODE Sea Page 1 BOB Page 1 EFFECTIVE DATE:. Bee Page 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Inaurance,tnt h , u, Workera Compensation, as permitted by law. Excess poliCy(ioa) is excess over the General Liability, Automobile and Employers Liability. Re: City of Palm Springs - Desert Highland Traffic Signal Indian Canyon Drive and Rosa Parks Road Additional Insureds: The City, of Palm Springs, its .officials, employees and: agents .Waiver of Subrogation: The City of Palm Springs, its officials, employees, agents and volunteers m 2008 ACORD CORPORATION. All rlahts The ACORD name and logo are registered marks of ACORD SR ID: 26643328 BATCH: 3679162 CERT: W35958755 3284: 2 of Policy Number: IOUEABH6U3E Policy Term: 11/1/2024-11/1/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES. OR CONTRACTORS - OPTION I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Designated Project(s) Or Location(s). Of Covered Operations: As required by written contract As specified. in written contract Information required to complete -this Schedule if not shown above will be shown in the Declarations. A. With respect to those persons) or orgariization(s) (3) In connection with "your work" for the. shown 'in the Schedule above when you have additional insured at the project(s) or agreed In a -written contract or written agreement location(s) designated :in the Schedule to provide insurance such as is afforded under this and included within the "products - policy to them, Subparagraph f., Any Other completed operations hazard", but only if: Party„ under the - Additional Insureds When (a) The written contract or written Required By Written Contract, ' Written agreement requires you to provide Paragraph of such coverage to such additional Who Is An Insured is replaced with the following: insured at the project(s) or location(s) f. Any Other Party designated in the Schedule; and Any other person or organization who is not (b) This Coverage Part provides an insured under Paragraphs a. through e. coverage for "bodily injury" or above, but only with respect to liability for "property damage" Included within the "bodily injury", "property damage" or "personal "products -completed operations and advertising injury" caused, in whole or in hazard". part, by your acts or omissions or the acts or The insurance afforded to the additional omissions of those acting on your behalf: insured shown in the Schedule.applies:, (1) In the performance of your ongoing (1) Only if the "bodily injury" or "property operations for such additional insured at damage" occurs, or the "personal and the project(s) or location(s) designated in advertising injury" offense is committed: the Schedule; (a) During the policy period; and (2) In connection with your premises owned (b) Subsequent to the execution of such by or rented to you and shown in the written contract or written agreement; Schedule; or and Form HS 24 80 07 13 Page 1 of 2 © 2013, The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission.) 3284: 3 ' of (c) Prior to the expiration of the period of When You Add Others As An Additional time that the written contract or written Insured To This Insurance agreement requires such insurance (a) Primary Insurance When Required By be provided to the additional insured. Contract (2) Only to the extent permitted by law; and (3) Will not be broader than that which you are required by the written contract or written. agreement to provide for such additional.insured. With respect to the insurance afforded to the person(s) or organization(s) that are additional insureds under this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury". "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or specifications; or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to the additional insured shown in the Schedule are described .in the Limits Of Insurance section. How this insurance applies when other insurance is available -to the additional insured is described in the Other Insurance Condition in Commercial General Liability Conditions, except as otherwise amended below. B. With respect to insurance provided to the person(s) or organization(s) that are additional insureds under this endorsement, the When You Add Others As An Additional Insured To This Insurance subparagraph, under the Other Condition of GeneralLiability Conditions is replaced with the following: This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary„ we will share with all that other insurance by the method described in Paragraph (c) below. This insurance does not apply to other insurance to which the additional insured in the Schedule has been added as an additional insured. (b) Primary And Non -Contributory To Other Insurance When Required By Contract This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (i) The additional insured in the Schedule is a Named Insured under such other insurance; and (11) You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured in the Schedule. (c) p Iethod Of Sharing If all of the other insurance permits contribution 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 insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. All other terms and conditions in the policy remain unchanged. Page 2 of 2 Form HS.24 80 07 13 3284: 3 Policy Number: 1OUEABH6U3E Policy Term: 11/1/2024 - 11/1/2025 IkILY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restict coverage. (1) The "bodily Injury" or "property damage" is Read the entire policy carefully to determine rights, caused by an "occurrence" that takes duties and what is and is not covered. place in the "coverage territory' Throughout this policy the words "you" and "your" (2) The "bodily injury" or "property damage" refer to the Named Insured shown In the occurs during the policy period; and Declarations, and any other person or organization (3) Prior to the policy period, no insured listed qualifying as a Named Insured under this policy. The under Paragraph 1. of Section II —Who Is words "we", "us' and "our" refer to the stock An Insured and no "employee" authorized insurance company member of The Hartford by you to give or receive notice of an providing this insurance. "occurrence" or claim, knew that the The word "insured" means any person or 'bodily Injury" or "property damage" had organization qualifying as such under Section 11 — occurred, In whole or in part. If such a Who Is An Insured. listed insured or authorized "employee" Other words and phrases that appear in quotation 'knew, prior to the policy period, that the marks have special meaning. Refer to Section V — "bodily Injury" or "property damage" Definitions. occurred, then any continuation, change or resumption of such "bodily Injury" or SECTION I —COVERAGES - "property damage" during or after the COVERAGE A BODILY INJURY AND PROPERTY policy period will be deemed to have been DAMAGE LIABILITY known prior to the policy period. 1. Insuring Agreement c. "Bodily injury' or 'property damage" will be a. We will pay those sums that the insured deemed to have been known to have becomes legally obligated to�pay as damages occurred at the earliest time when any because of "bodily injury" or "property 'insured listed under Paragraph 1. of Section II damage" to which this insurance applies. We — Who Is An Insured or any "employee" will have the right and duty to defend the authorized by you to give or receive notice of insured against any "suit' seeking those an "occurrence" or claim: damages. However, we will have no duty to (1) Reports all, or any part, �of the "bodily defend the insured against any "suit" seeking injury' or "property damage" to us or any damages for "bodily injury' or "property other insurer; damage" to which this insurance does not (2) Receives a written or verbal demand or apply. We may, at our discretion, investigate claim for damages because of the "bodily any "occurrence" and settle.any claim or "suit" injury' or "property damage"; or that may result. But: (3) Becomes aware by any other means that (1) The amount we will pay for damages Is "bodily Injury" or "property damage" has limited as described in Section III — Limits occurred or has begun to occur, Of Insurance; and d. Damages because of "bodily injury" Include (2) Our right and duty to defend ends when damages claimed any person or we have used up the applicable limit of organization for care,, loss of services or Insurance in the payment of judgments or death resulting at any time from the 'bodily settlements under Coverages A or B or injury. medical expenses under Coverage C, e. Incidental MedicalMalpractice And Good No other obligation or liability to pay sums or Samaritan Coverage perform acts or services Is covered unless "Bodily explicitly provided for under Supplementary injury' arising out of the rendering of Payments — Coverages A and B. or failure to render the following health care i b. This Insurance applies to "bodily injury' and services by any "employee" or "volunteer worker" shallbe deemed to be caused by an "property damage" only if: "occurrence" for: HG 00 01 09 16 Page 1 of 21 Policy No. 10 UEA HF1471 02016 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) 3284; 4 ' of POLICYNUMBER: 10 UEA xF 1471 (1) Professional health care services such as: (a) Medical, surgical, dental, laboratory, x- ray or nursing services or treatment, advice or instruction, or the related furnishing of food or beverages; (b) Any health or therapeutic service, treatment, advice or Instruction; or (y The furnishing or dispensing of drugs or medical, dental', or surgical supplies or appliances; or (2) First aid services, which include: (a) Cardiopulmonary resuscitation, whether performed manually or with a .defibrillator; or (b) Services performed as a Good Samaritan. For. the purpose of determining the limits of insurance, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". However, this Incidental Medical Malpractice 'And Good Samaritan Coverage provision applies only if you are not engaged in the business or occupation of providing any of the services described in this provision. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured 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: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent.to the -execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that parry's defense has also been assumed in the same 'insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any Insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.' This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that maybe under the influence of alcohol; if the "occurrence" which caused the "bodily injury' or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling; serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment- compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: Page 2 of 21 HG 00.01 09 16 3284: 4 of 3: POLICY NUMBER: 10 UEA ae 1471 (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child; parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies:' (1) Whether the Insured may be liable as an employer or in any other capacity; and (2) To any obligation to,share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury" or "'property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or 'location which is or' was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (1) "Bodily Injury' if sustained within a building and caused by smoke, fumes, vapor or` soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that Is used .to heat water for ,personal use, by the building's occupants or their guests; (II) "Bodily injury" or "property damage" for which you may be held liable, if you. are a contractorand:the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations ,performed for that additional Insured at that premises, site or location and such premises, site or location is not and never was owned or occupied'by, or rented or loaned to, any insured, other than that additional insured; or (ill) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is. or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (I) Any insured; or (11) Any person or organization for whom you may be legally responsible; (d) At or from any .premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to; (1) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment' or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or recelve them. This exception does not apply if the "bodily Injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels; lubricants or other operating fluids,, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (Ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought Into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (III) "Bodily injury" or"property damage" arising out of heat, smoke or fumes from a"hostile fire' or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working HG 00 0169 16 Page 3 of 21 3284: 5 ' of. POLICYNUMBER: 10 UEA HF 1471 directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of; "pollutants". (2) Any loss; cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of agovernmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured Use includes operation and "loading or unloading". This exclusion• applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operatedby or rented or loaned to any Insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract' for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment' if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis, h. Mobile Equipment "Bodily injury' or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment' in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. I. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection; rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. J. Damage To Property "Property damage" to: Page 4 of 21 HG 00 01 09 16 3284: 5 of POLICY NUMBER: 10 ueA HF 1471 (1) Property you own, rent, or occupy, Including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, Including prevention of injury to a person or damage to another's property; (2) Premises you sell; give away or abandon, If the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part .of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described In Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises. are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. , Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site. Paragraph (6) of this exclusion does not apply to , "property damage" included In the "products -completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of. it: Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products-completedoperations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not:Physical ly Injured "Property damage" to "impaired property" or property that has not been physically Injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or 'your work'; or (2) A delay or failure by,you or anyone acting on your behalf to perform a contract or agreement In accordance with Its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical Injury to "your product" or 'your work" after it has been put. to Its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall', Inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property; If such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily Injury' arising out of "personal and advertising Injury". p. Access or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) Any, access to or disclosure of any person's or organization's confidential or personal information, Including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health Information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or Inability to manipulate electronic data. This exclusion 'applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, HG 00 0109 16 Page 5 of 21 3284: 6 ' POLICY NUMBER: 10 uEA He 1471 public relations expenses or any other loss, assess the effects of an "asbestos cost or expense incurred by you or others hazard"; or arising out of that which is described in (c) Arise out of any claim or suit for Paragraph (1) or (2) above. damages because of testing for, However, unless Paragraph (1), above monitoring, cleaning up, removing, applies, this exclusion does not apply to encapsulating, containing, treating, damages because of "bodily injury". detoxifying or neutralizing or in any As used in this exclusion, electronic data way responding to or assessing the means information, facts or programs stored effects of an "asbestos hazard". as or on, created or used on, or transmitted to s. Recording And Distribution Of Material Or or from computer software, including systems Information In Violation Of Law and applications software, hard or floppy "Bodily injury" or "property damage" arising disks, CD-ROMS, tapes, drives, cells, data directly or indirectly out of any action or processing devices or any other media which omission that violates or is alleged to violate: are used with electronically controlled (1) The Telephone Consumer Protection Act equipment. (TCPA), Including any amendment of or Employment -Related Practices q•addition to such law; "Bodilyinjury" to: (2) The CAN-SPAM Act of 2003, including (1) A person arising out of any "employment— any amendment of or addition to such law; related practices"; or (3) The Fair Credit Reporting Act (FORA), and (2) The spouse, child, parent, brother or sister any amendment of or addition to such law, of that person as a consequence of "bodily including the Fair and Accurate Credit injury' to that person at whom any Transaction Act (FACTA); or "employment -related practices" are (4) Any federal, state or local statute, directed. ordinance or regulation, other than the This exclusion applies: TCPA or CAN-SPAM Act of'2003 or FCRA (1) Whether the injury -causing event and their amendments and additions, that described in the definition of "employment- addresses, prohibits or limits the printing, related practices" occurs before dissemination, disposal, collecting, employment, during employment or after recording, sending, transmitting, employment of that person; communicating or distribution of material (2) Whether the insured may be liable as an or information. employer or in any other capacity; and Damage To Premises Rented To You — For Damage By,Flre; Lightning Or {3) To any obligation to share damages with Explosion Explosion or repay someone else who must pay damages because of the injury. Exclusions c. through h. and J. through n. do not apply to damage by fire, lightning or explosion to r. Asbestos premises while rented to you or temporarily (1) "Bodily injury" or "property damage" occupied by you with permission of the owner. A arising out of the "asbestos hazard". separate limit of insurance applies to this (2) Any damages, judgments, settlements, coverage as described in Section III — Limits Of loss, costs or expenses that: Insurance. (a) May be awarded or incurred by reason COVERAGE B PERSONAL AND ADVERTISING of any claim or suit alleging actual or INJURY LIABILITY threatened injury or damage of any 1. Insuring Agreement nature or kind to persons or property a. We will pay those sums that the insured which would not have occurred in becomes legally obligated to pay as damages whole or in part but for the "asbestos because of "personal and advertising injury' hazard"; to which this insurance applies. We will have (b) Arise out of any request, demand, the right and -duty to defend the insured order or statutory or regulatory against any "suit" seeking those damages. requirement that any insured or others However, we will have no duty to defend, the test for, monitor, clean up, remove, insured against any "suit" seeking damages encapsulate, contain, treat, detoxify or for "personal and advertising injury" to which neutralize or in any way respond to or this insurance does not apply. We may, at our Page 6 of 21 HG 00 0109 16 3284: 6 of 3 POLICY NUMBER: to uEA ae 1471 discretion, investigate any offense and settle any claim or "suit' that may result But: (1) The amount we will pay for damages is limited as described in Section III —Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This Insurance applies . to "personal and advertising injury' caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a, Knowing Violation Of Rights of Another "Personal and advertising,injury" arising out of an offense committed by, at the direction or with the consent or • acquiescence. of the insured with the expectation of inflicting "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury"arising.out of oral, written or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written or electronic publication,. in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising Injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's "advertising •idea" in your "advertisement'. g'. Quality Or Performance Of Goods - Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement'. h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. Infringement Of intellectual Property Rights (1) "Personal and advertising injury' arising out of any actual or alleged infringement. or violation of any intellectual property rights such as copyright, . patent, trademark, trade name, trade secret, trade dress, service mark or other designation of origin or authenticity; or (2) Any injury or damage alleged in any clam or "suit" that also alleges, an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made by you or by any other party Involved in the claim or "suit', regardless of whether this insurance would otherwise apply. However, this exclusion does not apply if the only allegation in the claim or "suit" involving any Intellectual property right is limited to: (1) Infringement, in your"advertisement', of: (a) Copyright; (b) Slogan; or (c) Title of any literary or artistic work; or (2) Copying, in your "advertisement', a person's or organization's "advertising idea" or style of "advertisement'. ). Insureds in Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, .publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a., b. and c. of the definition of "personal and advertising injury' under the Definitions Section. HG 00 0109 16 Page 7 of 21 3284; 7 ' of POLICYNUMBER: 10 UEA RF 1471 For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others_ anywhere on the Internet, is not ,by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury' arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product In your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising, injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or otherstest for, monitor, .clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directlyor indirectly, out of: (1) War, including, undeclared or civil war; (2) Warlike action by military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Internet Advertisements And Content Of Others "Personal and advertising Injury" arising out of: (1) An "advertisement' for others on your web site; (2) Placing a link to a web site of others on your web site; (3) Content, including Information, sounds, text, graphics, or images from a web site of others displayed within a frame or border on your web site; or (4) 'Computer code, software or"programming used to enable: (a) Your web site; or (b) The presentation or functionality of an "advertisement' or other content on your web site. q. Right Of Privacy Created By Statute "Personal and advertising injury' arising out of the violation of a person's right of privacy created by any state or federal act, However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act. r. Violation Of Anti -Trust law "Personal and advertising injury' arising out of a violation of any anti-trust law. s. Securities "Personal and advertising injury" arising out of the fluctuation in price.or value of any stocks, bonds or other securities. t. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury' arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, Including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state, or local statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending; transmitting, communicating or distribution of material or information. Page S'of 21 HG 00 01 09 16 3284; 7 of POLICY NUMBER: 10 UEA HF 1471 u. Employment -Related Practices "Personal and advertising injury" to: (1) A person arising out of any "employment— telated practices"; or (2) The spouse, child; parent, brother or sister of that person as a consequence of 'personal and advertising injury" to that person at whom any "employment -related practices" are directed. This exclusion applies: (1) Whether the Injury -causing event described in the definition of "employment - related practices" occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos (1). "Personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages,, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in 'whole or in part but for the "asbestos hazard' (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean. up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning . up, removing, encapsulating, containing, treating, detoxifying or neutralizing or In any way responding to or assessing the effects of an "asbestos hazard". w. Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card inforrimation, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense Incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to. us within three years of the date of the accident; and (3) The Injured person submits to examination, . at our expense, by physicians of our, choice as often as we reasonably require. b. We will make these, payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered, at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3)Necessary ambulance, hospital, professionalnursing and funeral services. 2. Exclusions We Will not pay expenses for "bodily injury': a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to'do work for or on behalf of any Insured or a tenant of any insured: c. Injury On Normally Occupied Premises To a person Injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of HG 00 0109 16 Page 9 of 21 ' 3284: 8 ' c POLICY NUMBER: 10 UEA xF 1471 any insured, if benefits for the "bodily injury' are party to the "suit", we will defend that indemnitee payable or must be provided under a workers' if all of the following conditions are met: compensation or disability benefits law or a a. The "suit" against the Indemnitee seeks similar law. damages for which the insured has assumed e. Athletics Activities the liability of the indemnitee in a contract or To a person injured while practicing, agreement that is an "insured contract' instructing or participating in any physical b. This insurance applies to such liability exercises or games, sports, or athletic assumed by the insured; contests. c. The obligation to defend, or the cost of the f. Products-Completed,Operatlons Hazard defense of, that indemnitee, has also been Included within the "products -completed assumed by the insured in the same "insured operations hazard". contract"; g. Coverage A Exclusions d. The allegations in the "suit' and the Excluded under Coverage A. information we know about the "occurrence" are such that no conflict appears to exist SUPPLEMENTARY PAYMENTS — COVERAGES between the interests of the insured and the A AND B interests of the Indemnitee; 1. We will pay, with respect to any claim we e. The indemnitee and the 'insured ask us to investigate or settle, or any "suit' against an conduct and control the defense of that insured we defend: indemnitee against such "suit' and agree that a. All expenses we incur. we can assign the same counsel to defend b. Up to $1,000 for cost of bail bonds required the insured and the indemnitee; and because of accidents or traffic law violations f. The indemnitee: arising out of the use of any vehicle to which (1) Agrees in writing to: the Bodily Injury Liability Coverage applies. (a) Cooperate with us in the investigation, We do not have to furnish these bonds. settlement or defense of the "suit"; e. The cost of appeal bonds or bonds to release (b) Immediately send us copies of any attachments, but only for bond amounts demands, notices, summonses or legal within the applicable limit of insurance. We do papers received in connection with the not have to furnish these bonds. "suit"; d. All reasonable expenses incurred by the (c) Notify any other insurer whose insured at our request to assist us in the coverage is available to the investigation or defense of the claim or "suit', indemnitee; and including actual loss of earnings up to $600 a day because of time off from work (d) Cooperate with us with respect to e. All court costs taxed against the insured in coordinating other applicable insurance available to the indemnitee; the "suit'. However, such costs do not and include attorneys' fees; attorneys' expenses, witness or expert fees, or any other expenses (2) Provides us with written authorization to: of a party taxed to the insured. (a) Obtain records and other information f. Prejudgment interest awarded against the related to the "suit"; and insured on that part of the judgment we pay. If (b) Conduct and control the defense of the we make an offer to pay the applicable limit of indemnitee in such "suit". insurance, we will not pay any prejudgment So long as the above conditions are met, interest based on that period of time after the attorneys' fees Incurred by us in the defense of offer.. I that indemnitee, g. All Interest on the full amount of any judgment necessary litigation expenses incurred by us and that accrues after entry of the judgment and necessary litigation expenses incurred by the before we have paid, offered to pay, or indemnitee at our request will be paid as deposited in court the part of the judgment Supplementary Payments. Notwithstanding the that is within the applicable limit of insurance, provisions of Paragraph .2.b.(2) of Section I — These payments will not reduce the limits of Coverage A — Bodily Injury And Property insurance. Damage Liability, such payments will not be 2. If we defend an insured against a "suit' and an deemed to be damages for "bodily injury' and indemnitee of the Insured, is also named as a Property damage" and will not reduce the limits of insurance. Page 10 of 21 HG 00"01 09 16 3284: 8 of 3: POLICY NUMBER: 10 UEA EF 1471 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 f. above„ are no longer met. SECTION II.— WHO IS AN INSURED 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. 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. Employees And Volunteer Workers 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 Shan 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 and advertising injury': {a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability •company), to a co"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other 'volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-", employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c). 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) or (1)(b) above; or (d) Arising out of his or her providing on failing to. provide professional health care services. If you are not in the business of providing professional health care services: (a) Subparagraphs (1)(a), (1)(b) and (1)(c) above do not apply to any "employee" or"volunteer worker" providing first aid services; and. (b). Subparagraph (1)(d) above does not apply to any nurse, emergency medical technician or paramedic employed by you toprovide such services. (2) "Property 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. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property 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. d. Legal Representative If You Die Your legal representative if you die, but only HG 00 0109 16 Page 11 of 21 3284: 9 " of POLICY*NUMBER: 10 UEA HF 1471 with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stack on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which such insured is also a named insured under another policy or would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired Or FormedOrganization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, 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 until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred' before you acquired orformed'the 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. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long ands is not' being used to carry persons for a charge, any person is an insured.while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with, respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with, respect to: a. "Bodily injury' to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. S. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional Insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional Insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision K such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with'respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury' or "property damage" included within the 'products -completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to (a) "Bodily injury' or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of 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 agreedto make or normally Page 12 of 21 HG 00 0109 16 3284: 9 of POLICY NUMBER: 10 uea HF 1471 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 orforthe vendor, or (h) "Bodily injury' or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on Its behalf. However, this. exclusion does not apply to: (1) The exceptions contained in Sub- paragraphs (d) or (f); or (11) 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. (2) This insurance does not apply, to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any persoh(s) or organization(s) from whom you lease equipment; but only with respect to their liability for 'bodily Injury', ';property damage" or "personal and advertising injury" caused, in whole or In part, by your maintenance, operation or use of equipment leased to you by such per or organization(s). (2) With respect to the insurance afforded to these additional insureds this Insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises, but only, with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you.' With respect to the Insurance afforded these additionalinsureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors Any architect, engineer,, or surveyor, but only with, respect to liability for "bodily Injury", "property damage" , .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: (1) In connection with your premises; or (2) in the performance of your ongoing operations performed, by you or on your behalf.' With respect to the Insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising Injury" arising out of :the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations,performed:by you or on your behalf for which the state or political subdivision has issued a permit With rrespect to the insurance afforded' -these additional Insureds, this insurance does not apply to; (1) "Bodily Injury', "property damage" or "personal and advertising injury' arising out of operations performed for the state or municipality; or HG000.10916 Page•13 of 21 3284: 10 . POLICY NUMBER: 10 UEA HF 1471 (2) "Bodily injury" or "property damage" Included within the "products -completed operations hazard". f. Any Other Party Any other person or organization who is not an additional insured under Paragraphs a. through e. above, but only with respect to liability for 'bodily injury', "property damage" 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: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and Included within the "products -completed operations hazard", but only if (a) The written contract or, agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury' or "property damage" included within the "products - completed operations hazard". However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising Injury' arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury', involved the rendering of or the failure to render any professional services by or for you. The limits of insurance that apply to additional insureds is described in Section III — Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. No person or organization is am insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Most We Will Pay 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. General Aggregate Limit The General Aggregate Limit is the most we will pay forthe 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"; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury' and "property damage" included in the "products - completed operations hazard". 4. Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury' sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3, above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and Page 14 of 21 HG00010916 3284: 10 of: POLICY NUMBER: to usA ar 1:471 b. Medical expenses under Coverage C because of all "bodily injury' and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to-5, above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner, In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, 8. How Limits Apply To Additional Insureds If you have agreed, in a written contractor written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contractor written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. in that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) 'How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim Is made or "suit' is brought against any insured, you or any additional insured must: (1) 'Immediately record the specifics of the claim or "suit' and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable: c. Assistance And Cooperation Of The Insured You and any other Involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received In connection with the claim or "suit; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the-claim•or defense against the "suit"; and (4) Assist us, upon our request, In the. enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own, Cost No insured will, except at that Insured's own cost, voluntarily' makea payment, assume any obligation, or incur any expense, other than for first aid, without our consent e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written HG 00 01 09 16 Page 15 of 21 3284; 11 ' o POLICY NUMBER: 10 UEA HF 1471 contract or written agreement that this b. Excess Insurance insurance is primary and non-contributory This insurance is excess over any of the other with the additional insured's own insurance. insurance whether ..primary, excess, f: Knowledge Of An Occurrence, Offense, contingent or on any other basis: Claim Or Suit (1) Your Work Paragraphs a and 'b. apply to you or to any That is. Fire, Extended Coverage, Builder's additional insured only when such Risk Installation Risk or similar coverage g "occurrence", offense, claim or "suit' is known "your for 'your work"; to: (2) Premises Rented To You (1) You or any additional insured that is an individual; That is fire, lightning or explosion insurance for premises rented to you or (2) Any partner, if you or the additional temporarily occupied by you with insured is a partnership; permission of the owner; (3) Any manager, if you or the additional (3) Tenant Liability insured is a limited liability company; (4) Any "executive officer'' or insurance That is insurance purchased by you or .cover your liability as a tenant for manager, if you or the additional insured is "property damage" to premises, rented to a corporation; you or temporarily occupied by you with (5) Any trustee, if you or the additional permission of the owner; insured is a trust; or (4) Aircraft, Auto Or Watercraft (6) Any elected or appointed official, if you or If the loss arises out of the maintenance or the additional insured is a political use of aircraft, "autos" or watercraft to the subdivision or public entity. extent not subject to Exclusion g. of This duty applies separately to you and any Section I — Coverage A — Bodily Injury additional insured. And Property Damage Liability; 3. Legal Action Against Us (5) Property Damage To Borrowed No person or organization has a right under this Equipment Or Use Of Elevators Coverage Part: If the loss arises out of "property damage" a: To join us as a party or otherwise bring us to borrowed equipment or the use of into a "suit' asking for damages from an elevators to the extent not subject to insured; or Exclusion J. of Section I - Coverage A - b. To sue us on this Coverage Part unless all of Bodily Injury And Property Damage Liability; its terms have been fully complied with. (6) When You Are Added As An Additional A person or organization may sue us to recover Insured To Other Insurance on an, agreed settlement or on a final judgment against an insured; but we will not be liable for Any other insurance available to you damages that are not payable under the terms of covering liability for damages arising out this Coverage Part or of the premises or operations, or products that are in excess of the applicable limit of and completed operations, for which you insurance. .An agreed. settlement means a have been added as an additional insured settlement and release of liability signed by us, by that insurance; or the insured and the claimant or the claimant's (7) When You Add Others As An legal representative. Additional Insured To This Insurance 4. Other Insurance Any other insurance available to an If other valid and collectible insurance is additional insured. available to the insured for a loss we cover under However, the following provisions apply to Coverages A or B of this Coverage Part, our other insurance available to any person or obligations are limited as follows: organization who is an additional insured a: Primary Insurance under this coverage part. This insurance is primary except when b: (a) Primary Insurance When Required below applies, if other insurance is also By Contract primary, we will share with all that other This insurance is ,,primary if you have insurance by the method described in c, agreed in a written contract or written below. agreement that this insurance be primary. If other insurance is also Page 16 of 21 HG 00 0109 16 3284: 11 POLICY NUMBER: 10 UEA HF 1471 primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance Is primary and non- contributory with the additional Insured's own insurance, this insurance is primary and we will not seek contribution from that other Insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional Insured. When this Insurance Is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other Insurer has a duty to defend the Insured against that "suit". If no other Insurer defends, we will undertake to do so, but we will be entitled to the insured's ;rights against all those other insurers. When this insurance is excess over other Insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other Insurance would pay for the loss in the absence of this insurance; and (2). The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, If any, with any other insurance that is not described in this Excess Insurance provision ,and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution 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 insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all Insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates: b. Premium shown in this Coverage Part, as advance premium is a.deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the' earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we . need for premium computation, and send us copies at such times as we may request, 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2), Those statements are based upon representations you made to us; and (3) We have Issued this :policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you shouldfail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and, b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of, Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, Including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to HG 00 0109 16 Page 17 of 21 3284: 12 POLICY NUMBER' 10 UEA xF 1471 impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the Insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments; we have made under this Coverage Part, we also waive that right; provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit ,that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal .not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through; a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement' does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons througha computer network. 2. "Advertising Idea" means any idea for an "advertisement'. 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle Insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment'. 5. "Bodily Injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto. Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the :world if the injury or damage arises out of; (1) Goods or products made or sold by you in the.territory described in a. above; (2) The activities of a person whose home is in the territory described in a: above, but is away for a short time on your business; or (3) "Personal and advertising injury' offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit' on the merits according to the substantive law in such territory or in a settlement we agree to. 7. "Employee" includes a "leased worker". "Employee" does not include a 'temporary worker". 8. "Employment -Related Practices" means: a. Refusal to employthat person; b. Termination of that person's employment; or c. Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed' at that person. 9. "Executive officer" means person holding any of the officer positions created by your charter, constitution; by-laws or any other similar governing; document. 10."Hostile fire" means one .which becomes uncontrollable or breaks out from where it was intended to be. Page 18 of 21 HG 00 0109 16 3284: 12 or POLICY NUMBER: 10 usa xe 1471 11."Impalred property" means tangible property, (a) Preparing, approving, or tailing to other than "your product" or "your work", that prepare or approve, maps, shop cannot be used or is less useful because: drawings, opinions, reports, surveys, a. It incorporates "your product" or "your work' field orders, change orders or drawings that is known or thought to be defective, and specifications; or deficient, inadequate or dangerous; or (b) Giving directions or Instructions, or b. You have failed to fulfill the' terms of a failing to give them, if that is the contract or agreement; primary cause of the injury or damage; if such property can be restored to use by the or (2) Under which the insured, if an architect, repair, replacement, adjustment or ,removal of 'your product' or "your work", or your fulfilling the engineer or surveyor, assumes liability for terms of the contract or agreement. an injury or damage arising out of the insured's rendering or failure to render 12."Insured contract" means: professional services, Including those listed a. A contract for a lease of premises. However, in (1) above and supervisory, inspection, that ;portion of the contract for a lease of architectural or engineering activities. premises that indemnifies any person or 13. "Leased worker" means a person leased to you organization for damage �by fire, lightning or by a labor leasing firm under an agreement explosion to premises whilerented to you or between you and the labor leasing firm, to temporarily occupied by you with permission perform duties related to the conduct of your of the owner is subject to the Damage to business. "Leased worker" does not include a Premises Rented To You Limit described in "temporary worker". Section 111 — Limits of Insurance 14. "Loading or unloading" means the handling. of b. A sidetrack agreement; property: c. Any easement or license agreement, a. After It Is moved from the place where it Is including an easement or.license+agreement accepted for movement into or onto an in connection with constructionor demolition aircraft,watercraft or "auto"; operations on or within 50 feet of a railroad; b. While it is in or on an aircraft, watercraft or d. An obligation, as required by ordinance, to "auto"; or indemnify a municipality, except in connection c. While it is being moved from an aircraft, with work for a municipality; watercraft or auto to the place where it is e. An elevator maintenance agreement; finally delivered; f. That part of any other contract or agreement but "loading or unloading" does not include the pertaining to your business (Including an movement of property by means of a mechanical indemnification of a municipality in connection device, other than a hand truck, that is not with work performed for a municipality) under attached to the aircraft, .watercraft or "auto". which you assume the tort liability of another "bodily "property 15. "Mobile equipment' means any of the following party to pay for injury' or damage" to a third person or organization, types of land vehicles, including any attached provided the 'bodily injury' or "property machinery or equipment; damage" is caused,, in whole or in part, by a. Bulldozers, farm machinery, forklifts and other you or by those acting on your behalf. Tort vehicles designed for use principally off public liability means a liability that would be roads; Imposed by law in the absence of any b. Vehicles ,maintained for use solely on or next contract or agreement. to premises you own or rent; Paragraph f. Includes that part of any contract c. Vehicles that traveir on crawler treads; or agreement that Indemnifies a railroad' for d. Vehicles, whether self-propelled or not, bodily injury' or 'property damage' arising maintained primarily to provide mobility to — out of construction or demolition operations, permanently mounted: within 50, feet of any railroad property and affecting any railroad bridge or trestle, tracks, (1) Power cranes, shovels, loaders, diggers or road -beds, tunnel, underpass or crossing. drills; or However, Paragraph f. does not include that (2) Road construction or resurfacing part of any contract or agreement: equipment, such as graders, scrapers or (1) That indemnifies an architect, engineer or rollers; surveyor for Injury or damage arising out e. Vehicles not described in a., b., c, or d. above of: that are not self-propelled and are maintained HG 00 Of 09 16 Page 19 of 21 3284: 13 ' of POLICY NUMBER: 10 uea xF 1471 primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including- spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment' but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting andwell servicing equipment. However, "mobile equipment' does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 16."Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful,conditons. 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 imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication, in any manner, of material that violates a person's right of privacy; f. Copying, in your "advertisement', a person's or organization's "advertising idea" or style of "advertisement'; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your 'advertisement'. 16."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 1g."Products-completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or -rent and arising out of "your product" or "your work' except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed'. or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to The done at the job site has, been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products- Page 20 of 21 HG 00 0109 16 3284: 13 POLICY NUMBER: 10 Uea HF 1471 completed operations are subject to the General Aggregate Limit. 20."Property damage" means: a. Physical injury to tangible property; Including all resulting loss' of use of that property. All such loss of use shall be deemed to occur at the time of the physical Injury that caused It; or b. Loss of use of tangible ,property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. As used in this definition, 'computerized 'or electronically stored data, programs or software are not tangible property. Electronic data means Information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from; computer software, including systems and applications software, hard :or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media. which are used with electronically controlled equipment. 21."Sult" means a civil proceeding in which damages because of "bodily injury", "property damage or "personal and advertising injury" to which this Insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does. submit with our consent; or b. Any other alternative. dispute resolution proceeding in which, such damages are claimed and to.which the insured submits with our consent. 22."Temporary worker" means a, person who is furnished to you to substitute for a permanent "employee on leave' or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means.a person who a. Is not your "employee' b. Donates his or her work; C. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your, product": a. Means: (1) Any goods or products, other than real property, manufactured; sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or, products. b. Includes (1), Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of 'your product'; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other :property rented to or located for the use of others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect .to the fitness, quality, durability, performance or use of 'Your work'; and (2) The providing of or failure to provide warnings or instructions. HG 00 0109 16 Page 21 of 21 3284: 14 Policy Number: 10 UEA HF1837 Policy Term: 11/1 /2024 - 11/1/2025 COMMERCIAL AUTOMOBILE HA 99 16 03 12' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds _ (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership Interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not Include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured, does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.I. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: Paragraph A.I. - WHO IS AN INSURED - of Section If - Liability Coverage Is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Addldonal Insured If Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage Is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b, of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 3284: 14 of: POLICY NUMBER: 10 UEA HF 1831 The insurance afforded to any such additional insured applies only if the "bodily Injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written, contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional, insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown In the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or, "suit" under this Coverage Part that may also -be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other Insurer for defense and Indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this Insurance is primary and non- contributory with the additional insureds own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the 'provisions in LOSS CONDITIONS 2. - DUTIES IN, THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non -Contributory if Required by Contract Only with respect to Insurance provided to an additional insured in I.D. - Additional Insured If Required by Contract, the following provisions apply: (3)' Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other ;insurance by the method described. in Other.lnsurance 5.d. (4) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance Is primary. and non-contributory with the additional insureds own insurance, this insurance is primary and we will not .seek contribution from that other Insurance. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to, defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we, be entitled to the insured's rights against all those other Insurers, When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that, all such other insurance would pay for the loss in the absence of this insurance; and (2), The total of all deductible and seINnsured, amounts under all that other insurance. We will share the remaining Joss, if any, by the methoddescribed in Other Insurance_ 5.d: 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf' and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: ©2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 2 of 5 32M 15. ' POLICY NUMBER: 10 UEA HF 1837 If an "employee's" personal insurance also S. applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be ,primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply 9 you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if ' Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided', are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss'; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if It results from an "accident", you are legally liable and, the lessor Incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage 'does not apply to any "auto" you hire 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. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE Is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOANILEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in. the event of a total "loss" to a - covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability Insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d: do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the'time of "loss", is: (1) Permanently Installed in or upon the covered "auto"; (2) Removable from a housing unit which Is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above;, or 02011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 3 of 5 3284: 15 POLICY NUMBER: 10 UEA HF 1837 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b,Section III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C,2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage; Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" In any one "accident" to all electronic equipment (other than, equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", Is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that Is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable . from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III -'PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following Is added: If another Hartford Financial ;Services Group, Inc, company policy or coverage form that is not, an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business -Auto Coverage Form is not the smaller (or smallest) deductible, It will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUITOR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You,, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired. "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D. - DEDUCTIBLE - of SECTION BUSINESS AUTO CONDITIONS is amended by III' - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: ©2011, The Hartford (Includes copyrighted material Form HA.99 16 0312 of ISO Properties, Inc., with its permission.) Page 4 of 5 3284: 16 POLICY NUMBER: 10 UEA HF 1837 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injurymeans bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2, of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days, before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, 'Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a.lf the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total ,loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors 'to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following:' In addition to the actual cash value of the "auto:', we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. 02011, The Hartford (Includes copyrighted material. Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 6 3284: 16 of Policy Number: 10WEAU9T8V Policy Term: 11/1/2024 - 11/1/2025 ' it THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy, We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you, perform work under a written contract that requires you, to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for.this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization As required by written contract SCHEDULE Countersigned by Policy No.10 WEA AU9T8V Form WC 04 0& 06 (1) Printed in U.S.A. Process Date: Job Description Project notated in contract Authorized Representative Policy Expiration Date: 3284: 17 Page 1.of 2_ -1 So CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 10/28/2024 THIS CERTIFICATE IS ISSUED. AS A MATTER OF INFORMATION ONLY AND CONFERS' NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER willia Towers wateon Northeast, Inc. c/o 26 Century Blvd P.O. Box 305191 ACT NAME: Nancy Rwong PHONE FA% . 1-877-945-7378 NC No: 1-888-467-2370 Net - ADDRESS: certificatee8willis.com INSURER(S) AFFORDING COVERAGE NAICd Nashville, TN 372305191 USA I INsuRERA: Hartford Insurance Company of the Midwest 37470 'INSURED Elccnor Bolen Electric, Inc. 1432D Albers way INSURERS: Hartford Fiza Insurance Company 19682 INSURERC: Navigators Insurance Company 42307 INSURERD: Sentinel Insurance Company Ltd 11000 Chino, CA 91710 INSURER E: Markel American Insurance Company 28932 INSURER F: COVERAGES CERTIFICATE NUMBER: W35958756 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE, FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE ,INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSUflANCE 0 S BR POLICYNUMBER MMIDDIYY MArrDDDNLICY YXP LIMITS X COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $ 1,000,000 CLAIMS -MADE FRI OCCUR N55MIMMal $ 300,000 MEG EXP (Any one patient It 10,000 A y y 30 UFA BES V3E 11/01/2024 11/01/2025 PERSONAL$ADVINJURY $ 1,000,000 GENT. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY [g] %C LOG PRODUCTS• COMPIOP AGO $ 2,000,000 S OTHER: AUTOMOBILE LIABILITY - COMBINED SIN GLE LIMIT Ea accldern? $ 1, 000, 000 BODILY INJURY (Per person) $ �( ANYAUTO B - OWNED SCHEDULED AUTOS ONLYHAUTOS X HIRED NON -OWNED AUTOS ONLYAUTOS ONLY y Y 10 =A HFL837 11/01/2024 11/01/2025 BODILY INJURY (Per accident) $ PROPERJY DAMAGE Pet ago enl $ $ C UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE MR24EXC9189061V 11/01/2024 11/02/2023 EACHOCCURRENCE $ 3,000,000 X AGGREGATE g 3,.000,000 LIED I I RETENTIONS $ D WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRI ETORPARTNEREXECUTIVE YIN OFRCERMEMBEREXCLUDEDT No (Mandatory In NH) _ NTA y SO wEA AU9TBV 11/01/2024 11/01/2025 x7sTATUTE I I Efl E.L. EACH ACCIDENT $ 1,000,000 EL. DISEASE • EA EMPLOYEE g 1,000,000 EL. DISEASE• POLICY LIMIT S 1,000,000 If Yyes describe under DESGI RIPTION OF OPERATIONS bebw E Excess Liability HELNIEUE100962 11/01/2024 11/01/2025 Each Occurrence $5,000,000 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more space Is required) Re: San Rafael Drive and Avenida Caballeros project. Certificate Holder is included as an Additional Insured as respects to General Liability and Auto Liability. General Liability and Auto Liability shall be Primary and Non-contributory with any otherinsurance in force for or which may be purchased by Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Palm Spring0 AUTHORIZED REPRESENTATIVE 3200 E. Tahquitz Canyon Way Palm Springa, CA 92262 Q 01988.2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD SR m: 26643328 e10rca: 3679162 3284: 18 AGENCY CUSTOMER ID: LOC #: A R ® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis Towase Watson'Northeast, Inc.. Eleanor Bolco Electric, Inc.14320 Albara Way Chino, CA 91710 POLICY NUMBER See Page 1 CARRIER NAIC CODE See Page 1 Sae Pago 1 EFFECTIVE DATE: See Page 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:. 25 FORM TITLE: Certificate of Liability IneUranaa Waiver of Subrogation applies in favor of Additional Insured with respects to General Liability, Auto Liability and Workers Compensation, as permitted by law. Excess policy line) is excess over the General Liability, Automobile and Employera Liability. Additional Insureds: The City of PaLe.Springs, its officials, employees, and agents. Primary and Non-contributory: City. Waiver of Subrogation: City, its elected officials, officers, employees,. agents and volunteers. ACORD.101 (2008101) © 2008 ACORD The ACORD name and logo are registered marks of ACORD - SR ID: 26643328 HATCH: 3679162 CERT: W35958756 3284: 18 of: Policy Number: 10UEABH6U3E Policy Term: 11/1/2024 - 11/1/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - OPTION I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Designated Project(s) Or Location(s). Of CoveredOperations: As required by written contract As specified in written contract Information required to complete this Schedule' if not shown above will be shown in the Declarations. A. With respect to those person(s) or organization(s) (3) In connection with "your work" for the shown in the Schedule above when you have additional insured at the project(s) or agreed in a written contract or written agreement location(s) designated in the Schedule to provide insurance such as -is afforded under this and included within the "products - policy to them; Subparagraph f., Any Other completed operations hazard", but only if: Party, under the Additional Insureds When (a) The written contract or written Requited By Written Contract, Written agreement requires you to provide Paragraph of such coverage 'to such additional Who Is An Insured' is replaced with the following: insured at the project(s) or location(s) f. Any Other Party designated in the Schedule; and Any other person or organization who is not (b) This Coverage' Part provides an insured under Paragraphs a. through e. coverage for "bodily injury" or above, but only with respect to liability for "property damage" Included within the "bodily injury", "property damage" or "personal "products -completed operations and advertising injury" caused, in whole or in hazard". part, by your acts or omissions or the acts or The insurance afforded to the additional omissions of those acting on your behalf: insured shown in the Schedule applies: (1) In the performance of your ongoing (1) Only if the "bodily injury" or "property operations for such additional insured at damage" occurs, or the "personal and the project(s) or location(s) designated In advertising injury" offense is committed: the Schedule; a During () the : Polic y period; and (2) In connection with your premises owned (b) Subsequent tthe execution of such by or rented to you and shown in the t or written agreement; written contract Schedule; or and Form HS 24 80 07 13 Page 1 of 2 © 2013, The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission.) 3284: 19 ' (c) Prior to the expiration of the period of time that the written contract or written agreement requires such insurance be provided to the additional insured. (2) Only to the extent permitted by law; and (3) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. With respect to the Insurance afforded to the person(s) or organization(s) that are additional insureds under this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising Injury" arising out of the rendering of, or the failure to render, any professional architectural, .engineering or surveying services, including: (1) The preparing, .approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or specifications; or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to the additional Insured shown in the Schedule are described in the Limits Of Insurance section. How this 'insurance applies when other insurance is available to the additionalinsured is described in the Other Insurance Condition in Commercial General Liability Conditions, except as otherwise amended below. B. With respect to insurance provided to the person(s) or organization(s) that are additional Insureds under this endorsement, the When You Add Others As An Additional Insured To This Insurance subparagraph, under the Other Condition,of General Liability Conditions is replaced with the following: When You Add Others As An Additional Insured To This Insurance (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Paragraph (c) below. This•insurance does not apply to other insurance to which the additional insured in the Schedule has been added as an additional, Insured. (b) Primary And Non -Contributory To Other Insurance When Required By Contract This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (I) The additional insured in the Schedule is a Named' Insured under such other insurance; and ([I) You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured in the Schedule. (c) Oethod Of Sharing If all of the other insurance permits contribution 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 insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. All other terms and conditions in the policy remain unchanged. Page 2 of 2 Form HS 24 80 0713 3284: 19 Policy Number: lOUEASHWK Policy Term: 11/1/2024-11/1/2025 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what Is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and 'bur" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes -legally obligated to,pay as damages because of "bodily .Injury" or "property damage" to which this Insurance applies. We will have ,the right and duty to defend the insured against any "suit" seeking those damages. However, we will have -no duty to defend the insured against any "suit" seeking damages for "bodily injury' or "property damage" to which this insurance doe's :not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as describedin Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of Insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This Insurance applies to "bodily injury' and "property damage" only if: (1) The "bodily injury" or "property damage" Is caused by an "occurrence" that takes place in the "coverage territory; (2) The "bodily injury"' or "property damage" occurs during the policy period; and (3). Prior to the policy period; no insured listed under Paragraph 1. of Section II —Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured, or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury' or "property damage" will be deemed to have been known to have occurred at ,the earliest time when any insuredlistedunder Paragraph 1. of Section II — Who Is An Insured or any "employee"' authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any ,part, of the "bodily injury' or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury' or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "'bodily injury' Include damages claimed by any person or organization for care, loss of services or .death resulting at any time from the "bodily injury", e. Incidental Medical Malpractice And Good Samaritan Coverage "Bodily injury' arising out of the rendering of dr failure to render the following health care services' by any "employee" or "volunteer worker" shall be deemed to be caused by an '.occurrence" for: HG 00 01 0916 'Page 1 of 21 Policy No. 10 UEA HF1471 ©2016 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) 3284; 20 ' POLICYNUMBER: 10 freA xF 1471 (1) Professional health care services such as: (a) Medical, surgical, dental, laboratory, x- ray or nursing services or treatment, advice or instruction, or the related furnishing of food or beverages; (b) Any health or therapeutic service, treatment, advice or instruction; or (e) The furnishing or dispensing of drugs or medical, dental; or surgical supplies or appliances; or (2) First aid services, which include: (a) Cardiopulmonary, resuscitation, whether performed manually or with a defibrillator; or (b) Services performed as a Good Samaritan. For the purpose of determining the limits of insurance, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". However, this Incidental Medical Malpractice And Good Samaritan Coverage provision applies only if you are not engaged in the business or occupation of providing any of the services described in this provision. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily Injury" or "property damage" for which the insured 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: (1) That the insured would have in the absence of the contract or agreement; or (2)` Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same 'insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured maybe held' liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above: However, this exclusion applies only if you are in the business of manufacturing; distributing, selling, serving, or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or .a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws. Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability. "Bodily Injury" to: (1) An "employee" of the'insured arising out of and in the course of Page 2 of 21 HG 00 01 09 16 3284: 20 of 1 POLICY NUMBER: 10 UEA HF 1471 (a) Employment by the insured; or the handling, storage, disposal, (b) Performing duties related to the processing or treatment of waste; conduct of the insured's business; or (c) Which are or were at any time (2) The spouse, child, parent, brother or sister transported, handled, stored, treated, disposed of, or processed as waste,by of that "employee" as a consequence of or for: Paragraph (1) above. This exclusion applies: (I) Any insured; or (1) Whether the insured may be liable as an (II) Any person or organization for whom you may be legally employer or in any other capacity; and responsible; (2) To any obligation to share damages with or repay someone else who must pay (d) At or from any premises, site or location on which any insured or any damages because of the injury. contractors or subcontractors working This exclusion does not apply to liability directly or indirectly on any insured's assumed by the insured under an "insured behalf are performing operations if the contract". "pollutants" are brought on or to the L Pollution premises, site or location In connection (1) "Bodily injury" or "property damage" withsuchoperationssuch arising out of the actual, alleged or subcontractor. However, conthis threatened discharge, dispersal, seepage, subparagraph does not apply to: migration, release or escape of (1) "Bodily injury" or "property damage" pollutants": arising out of the escape of fuels, (a) At or from any premises, site or lubricants or other operating fluids which are needed to perform the location which is'or was at any time normal electrical, hydraulic or owned or occupied by, or rented or mechanical functions necessary for loaned to an insured, However, this y the operation of "mobile equipment' subparagraph does not apply to: or its parts, if such fuels,lubricants (1) "Bodily lnjury''.If sustained within a or other operating fluids escape building and caused by smoke, from a vehicle part designed to fumes, vapor or soot produced by hold,'store or receive them. This or originating from equipment that exception does not, apply if the is used to heat, cool or dehumidify "bodily injury" or "property damage" the building, or equipment that Is arises out of the intentional used to heat water for personal discharge, dispersal or release of use, by the building's occupants or the fuels, lubricants or other their guests; operating fluids, or if such fuels, (II) "Bodily injury" or "property damage" lubricants or other operating, fluids for which you may be held liable, if are brought on or to the premises, you are a contractor and.the owner site or location with the intent that or lessee of such premises, site or they be discharged, dispersed or location has been added to your released as part of the operations policy as an additional insured with being performed by such insured, respect to your ongoing operations contractor or subcontractor; performed for that additional (Iq Bodily injury" or 4property damage" premises, at that remises, site or sustained within a building and location and such premises, site or caused by the release of gases, location is not and never was fumes or vapors from materials owned or occupied by, or rented or brought Into that building in loaned to, any insured, other than connection with operations being that additional insured; or performed by you or on your behalf (ill) "Bodily injury" or "property damage" by a contractor or subcontractor; or arising out of heat, smoke or fumes (III) "Bodily Injury" or "property damage" from a "hostile fire'; arising out of heat, smoke or fumes (b) At or from any premises, site or from a "hostile fire'; or location which is or was at any time (e) At or from any premises, site or used by or for any Insured or others for location on which any insured or any contractors or subcontractors working HG 00 01, 09 16 Page 3 of 21 3284: 21 POLICY NUMBER: to osA HF 1471 directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean. up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up,, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the Insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured: Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage" involved the ownership, maintenance, use or entrustment to others of .any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the Insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment' if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is .licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed In Paragraph f.(2) or f.(3) of the definition of "mobile equipment'; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other Insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" ownedor operated by or rented or loaned to any insured; or (2) The use of "mobile equipment' in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. I. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: Page 4 of 21 HG 00 0109 16 3284: 21 POLICYNUMBER: 10 UEA HE 1471 (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair„ replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the 'property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5)' That particular part of real property on which you or any contractors or subcontractors working, directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part. of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it Paragraphs (1), (3) and (4) of this exclusion do not apply to "property,damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To ,Premises Rented To You as described in Section III - Limits Of Insurance. Paragraph (2) of.this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. Paragraphs (3), (4), (6) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". k; Damage To Your Product "Property damage" to "your product' arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of It and included in the "products -completed operations hazard". This,exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically Injured, arising out of. (1) A defect, deficiency, inadequacy or dangerous condition ih "your product" or "your work; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with Its terms. This exclusion does not apply to.the loss of use of other ,property arising out of sudden and accidental physical Injury to "your product' or 'your work" after it has beeri put to its Intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily Injury' arising out of "personal and advertising injury". P. Access or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or Personal information, Including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use .of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even .if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, HG 00 0109 16 Page 5 of 21 3284: 22 POLICY NUMBER: 10 ❑eA xe 1471 public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Employment -Related Practices "Bodily injury" to: (1) A person arising out of any "employment — related practices"; or (2) The spouse, child parent, brother or sister of that person as a consequence of "bodily injury' to that person at whom any "employment -related practices" are directed. This exclusion applies: (1) Whether the injury -causing event described in the definition of "employment - related practices" occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share, damages with or repay someone else who must pay damages because of the injury. r. Asbestos (1) "Bodily injury" or "property damage" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: assess the effects. of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". s. Recording And Distribution Of Material Or Information in Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer ,Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law,, (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You — Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. (a) May be awarded or incurred by reason COVERAGE B PERSONAL AND ADVERTISING of any claim or suit alleging actual or INJURY LIABILITY threatened injury or damage of any 1. Insuring Agreement nature or kind to persons or property a. We will pay those sums that the insured which would not have .occurred in becomes legally obligated to pay as damages whole or in part but for the "asbestos because of "personal and advertising injury' hazard"; to which this Insurance applies. We will have (b) Arise out of any request, demand, the right and duty to defend the insured order or statutory or regulatory against any "suit" seeking those damages, requirement that any insured or others However, we will have no duty to defend the test for, monitor, clean up, remove, insured against any "suit" seeking damages encapsulate, contain, treat, detoxify or for "personal and advertising injury" to which neutralize or in any way respond to or this Insurance does not apply. We may, at our Page 6 of 21 HG 00 0109 16 3284: 22 of; POLICY NUMBER: 10 UF.P. xF 1471 discretion, investigate any offense and settle any claim or "suit' that may result. But: (1) The amount we will pay for damages is limited as described, in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of Insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury' arising out of an offense committed by, at the direction or with the consent or acquiescence of the insured with the expectation of Inflicting "personal and advertising injury'. b. Material Published With Knowledge Of Falsity "Personal and advertising, injury' arising out of oral, written or electronic publication, in any manner, of material, if done by or at the direction of the ,insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Llabillty "Personal and advertising injury"for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertisinginjury" arising out of a breach of contract, except an Implied contract to use another's "advertising' idea" in your "advertisement'. g. Quality Or Performance Of Goods — Fallure To Conform To Statements "Personal and advertising injury" arising out of - the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement'. h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. Infringement Of Intellectual Property Rights (1) "Personal and advertising Injury" arising out of any actual or alleged infringement or violation of any intellectual property rights such. as copyright, patent, trademark, trade name, trade secret, trade dress, service mark or other designation of origin or authenticity; or (2) Any injury or damage alleged in any clam or "suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made by you or by any other party involved in the claim or "suit", regardless of whether this insurance would otherwise apply. However, this exclusion does not apply if the only allegation in the claim or "suit" involving any Intellectual property right is limited to; (1) Infringement, in your"advertisement', of; (a) Copyright; (b) Slogan; or (c) Title of any literary or artistic work; or (2) Copying, in your "advertisement', a. person's or organization's "advertising idea" or style of "advertisement". Insureds In Media And Internet Type, Businesses "Personal and advertising injury' committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a., b. and c. of the definition of "personal and advertisinginjury' under the Definitions Section. HG 00 0109 16 Page 7of 21 3284: 23 ' POLICYNUMBER: 10 uFA HF 1471 For the -purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronlc Chatrooms Or Bulletin Boards "Personal and advertising Injury' arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "'Personal and advertising injury" arising out of .the unauthorized' use of another's name or product in your e-mail address, domain name or metafags, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants'; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o..War "Personal and advertising Injury", however caused, arising; directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Internet Advertisements And Content Of Others "Personal and advertising Injury" arising out of (1) An "advertisement' for others on your web site; (2) Placing a link to a web site of others on your web site; (3) Content, including information, sounds, text, graphics, or Images from a web site of others displayed within a frame or border on your web site; or (4). Computer code, software or programming used to enable: (a) Your web site; or (b) The presentation or functionality of an "advertisement" or other content on your web site. q. Right Of Privacy Created By Statute "Personal and advertising injury" arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damagesthat the insured would have in the absence of such state or federal act r. VlolationOfAnti-Trust law "Personal and advertising injury" arising out of a violation of any anti-trust law. s. Securities "Personal and advertising injury" arising out of the fluctuation in price or value of any stacks, bonds or other securities. t. Recording And Distribution Of Material Or Informatiomin Violation Of taw "Personal and advertising injury' arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FORA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACIA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Page 8.of 21 HIS 00 0109 16 3284: 23 POLICY NUMBER, 10 usA ae 1471 u; Employment -Related Practices "Personal and advertising injury' to: (1) A person arising out of any "employment — related practices"; or (2) The spouse, child; parent, brother or sister of that person as a consequence of "personal and advertising Injury' to that person at whom any "employment -related practices" are directed. This exclusionapplies: (1) Whether the injury -causing event described In the definition of "employment - related practices" occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. v, Asbestos (1) "Personal and advertising injury' arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard'; (b) Arise out of any request, demand, order or statutory or regulatory requirement that'any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard'; or (c) Arise out of any claim, or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". w. Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, Including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information, COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses,as described 'below for "bodily injury' caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person _ submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault, These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, . including prosthetic devices; and, (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Anytnsured To any Insured, except "volunteer workers". b, Hired Person To a person.hired to do work for or on behalf ofany insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person Injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of HG 00 01109 16 Page 9 of 21 3284. 24 POLICYNUMBER: '10 Usr. xF 1471 any insured, if benefits for the 'bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND,B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. 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 $500 a day because of time off from work. e. All court costs taxed against the insured in the "suit'. However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed to the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period -of time after the offer. g. All interest on. the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit' and an indemnitee of the Insured is also named as a party to the "suit', we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract' b. This insurance applies to such liability assumed by the insured; 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 exist between the interests of the insuredand the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control' the defense of that 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 and control 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 and necessary litigation expenses incurred by the indemnitee at our request will bepaid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1b.(2) of Section I — Coverage A Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Page 10 of 21 HG 00 01 09 16 3284: 24 of POLICY NUMBER; 10 UEA aF 1471 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 f. above, are no longer met. SECTION II —WHO IS AN INSURED 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. It. 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. ;Employees And Volunteer Workers 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 and advertising injury': (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related .to the conduct of your business; (b) To the spouse, child, parent; brother or sister of that co -,"employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) 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) or (1)(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services: (a) Subparagraphs (1)(a), (1)(b) and (1)(c) above do not apply to any "employee" or "volunteer worker" providing first aid services; and (b) Subparagraph, (1)(d) above does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property 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. Real Estate Manager Any person (other than your "employee" or "volunteer worker"),,or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property 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. d. Legal Representative If You Die Your legal representative if you die, but only HG 00 0109 16 Page 11 of21 3284: 25 POLICYNUMBER: 10 UEA HF 1471 with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to Injury or damage with respect to which such insured is also a named insured under another policy or would be anamed insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting .stock, 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 until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury' or "property damage" that occurred before you acquired or formed the 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. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other .person or organization responsible for the conduct of such person is also an insured, but only with, respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to —that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury' to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. S. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury' or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury' or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of 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 Page 12 of 21 HG 00 01 09 16 3284: 25 POLICY NUMBER: 10 UEA HF 1471 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; (9) 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' or "property damage" arising out of the sole negligenceof 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); or (11) 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. (2) This insurance does not apply to. any insured person or organization,. from whom you have acquired such products; or any ingredient, part or container, entering, into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person(s) or organization(s) from whom you lease equipment; but only with respect to their, liability for "bodily Injury", "property damage or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased, to you ,by such person(s) or organization(s). (2) With respect to the insurance afforded to these additional insureds this Insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. Lessors Of Land Or Premises Any person or organization from whom. you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the Insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor, but only with. respect to liability for "bodily injury", "property damage" 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: (1). In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these .additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury', "property damage" or "personal and advertising injury' arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, 'inspection, architectural or engineering activities. This exclusion applies even if the claims against any, insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense. which caused the "personal and advertising Injury", involved the rendering of or the failure to render any professional services by or for you. e. Permits Issued By State Or Political Subdivisions' Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury', "property damage" or "personal and advertising injury' arising out of operations performed for the state or municipality; or HG 00 0109 16 Page 13 of 21 kK-111 ' POLICYNUMSER: 10 osA HF 1471 (2) "Bodily injury" or "property damage" included within. the "products -completed operations hazard". f. Any Other Party Any other person or organization who is not an additional Insured under Paragraphs a. through e, above, but only with respect to liability for "bodily injury", "property damage" 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: (1) In the performance of your ongoing operations; (2) In' connection with your premises owned by or rented to you; or (3) In connection with "your work' and included within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury' or "property damage" included within the "products - completed operations hazard". However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a bontract or agreement, the insurance afforded to such additional insured,will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily Injury"; "property damage" or "personal and advertising injury' arising out of She rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions; reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved,the rendering of or the failure to render any professional services by or for you. The limits of insurance that apply to additional insureds is described_ in Section III — Limits Of Insurance. How this,insurance applies when other insurance Is available to the additional insured is described in the Other Insurance Condition In Section IV — Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the�Declarations. SECTION III — LIMITS OF INSURANCE 1. The Most We WIII Pay 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. General Aggregate Limit 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"; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage 'A for damages because of "bodily injury' and "property damage" included in the "products completed operations hazard". 4. Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury' sustained by any one person or organization. S. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and Page 14 of 21 . HG 00 0109 16 3284: 26 of POLICY NUMBER: 10 usA ae 1471 b. Medical expenses under Coverage C because of all "bodily injury' and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to S. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of. "property damage" to any one premises, while rented to you, or In the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by .fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 6. How Limits Apply To Additional Insureds If you have agreed 4n a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of 'Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the, policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should,include: (1) How, when and where the "occurrence" or offense took place; (2) The names and .addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit' is brought against any .insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit' and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim :or "suit' as soon as practicable. c. Assistance. And Cooperation Of The Insured You and any other Involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or"suit'; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the Investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this Insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a, payment, assume any obligation, or incur any expense, other than for first aid; without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other Insurance available to an additional insured, such additional insured must submit such claim or "suit' to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written HG 00 01 09 16 Page 15 of21 3284: 27 POLICY NUMBER: 10 UEA HF 1471 contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit :Paragraphs a. and b. apply to you or to any additional insured only when such ..occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or the additional insured is a partnership; (3) Any manager, if you or the additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5) Any_trustee, if you or the additional insured is a trust; or (6) Any elected .or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a, To join us as a party or otherwise bring us into a "suit' asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible Insurance is available to the insured for a loss we cover under Coverages A or B of this .Coverage Part, our obligations are limited as follows: a.. Primary Insurance This insurance is primary except when b. below applies. If other insurance isalso primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; (2) Premises RentedTo You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft,. "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A —'Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion J. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An. Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is .primary if you have agreed in a written contract or written agreement that this insurance be primary. If other Insurance is also Page,16 of21 HG 00 0109 16 3284: 27 POLICY NUMBER: 10 usA HF 1471 primary, we will share with all that other insurance by the method described in c, below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this Insurance is primary and non- contributory with the additional Insured's own Insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional Insured has been added as an additional Insured. When this Insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other Insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The .total amount that all such other insurance would pay for the loss in the absence of this Insurance; and (2) The total of all deductible and self -Insured amounts under all that other Insurance. We will share the remaining loss, if any, with any other Insurance that is not described in this Excess Insurance provision and was .not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing. If all of the other Insurance permits contribution by equal shares, we will follow this methodalso. 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 Insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share Is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as -advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times.as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2), Those statements are based upon representations,you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to. the Limits of Insurance, and any rights or duties specifically assigned In this Coverage Part to the first, Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to .each Insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to HG 00 0109 16 Page 17 of 21 3284: 28 POLICYNUMBER: 10 UEA HF 1471 impair them. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date; If :notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS' 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement' does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising Idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and •includes the mere presence of asbestos in any form. 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed, for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment'. 5. "Bodlly Injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the 'injury or damage occurs in the course of travel or transportation between any places. Included in a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a, above, but is away for a short time on your business; or (3) "Personal and advertising injury' offenses that take place through the Internet or similar electronic means of communication provided the insured's ,responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit' on the merits according to the substantive law in such territory or in a settlement we agree to. 7. "Employee" Includes a "leased worker". "Employee" does not include a 'temporary worker". 8. "Employment -Related Practices" means; a. Refusal to employ that person; b. Termination of that person's employment; or c. Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person. 9. "Executive officer" means a person holding any of, the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. Page 1S of 21 HG 00 0109 16 3284: 28 of: POLICYNUMBER: 10 UEA HF 1471 11."Impalred property" means tangible property, (a) Preparing, approving, or failing to other than "your product" or "your work", that prepare or approve, maps, shop cannot be used or is less useful because: drawings, opinions, reports,; surveys, a. It incorporates "your product" or "your work' field orders,, change orders or drawings that is known or thought to be defective, and specifications; or deficient, Inadequate or dangerous; or (b), Giving directions or instructions, or b. You have failed to fulfill the terms of a failing to give them, if that is the contract or agreement; primary cause of,the injury or damage; if such property can be restored to use by the or repair, replacement, adjustment or removal of (2) Under which the insured, if,an architect, "your product' or "your work', or your fulfilling the engineer or surveyor, assumes liability for terms of the contract or agreement. an injury or damage arising out of the insured's rendering or failure to .render 12."Insured contract" means: professional services, including those listed a. A contract for a lease of premises. However, in (1) above and supervisory, inspection, that portion of the contract for a lease of architectural or engineering activities. premises that indemnifies any ,person or 13."Leased worker" means a person leased to you organization for damage by fire, lightning or by a labor leasing firm under an agreement explosion to:premises while rented to you or between you and the labor leasing firm, to temporarily occupied by you with permission perform, duties related to the conduct of your of the owner is subject to the Damage to business. "Leased worker" does not include a Premises Rented To You Limit described in "temporary worker". Section III — Limits of Insurance 14. "Loading or unloading" means the handling of b. A sidetrack agreement; property: c. Any easement or license agreement, a. After it is moved from the place where it is including an easement or license agreement accepted for movement into or onto an in connection with construction or demolition aircraft, watercraft or "auto'; operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to b. While it is in or on an aircraft, watercraft or "auto"; indemnify a municipality, except in connection or with workfor a municipality; c. While it is being. moved from an aircraft, watercraft or "auto" to the place where it is e. An elevator'maintenance agreement; finally delivered; f. That part of any other contract or agreement but "loading or unloading" does not include•the pertaining to your business (including an movement of property by means of a mechanical indemnification of a municipality in connection device, other than a •hand truck, that is not with work performed for a municipality) under attached to the aircraft, watercraft or "auto". which you assume the tort liability of another party to pay for 'bodily injury' or "property 15."Mobile equipment' means any of the following damage" to a third person or organization, types of land vehicles, including any attach"ed provided the "bodily injury' or "property machinery or equipment: damage" is caused, in whole or in part, by a. Bulldozers, farm machinery, forklifts and other you or by those acting on your behalf. Tort vehicles designed for use principally off public liability means a liability that would be roads; imposed by law in the absence of any b. Vehicles maintained for use solely on or next contract or agreement, to premises you own or rent; Paragraph f. includes that part of any contract c. Vehicles that travel on crawler treads; or agreement. that indemnifies a railroad for bodily injury' or property damage" arising d. Vehicles, whether self-propelled or not, out of construction or demolition operations, maintained primarily to provide mobility to within 50 feet of any railroad property and permanently mounted: affecting any railroad bridge or trestle, tracks, (11) 'Power cranes, shovels, loaders, diggers or road -beds, tunnel, underpass or crossing. drills; or However, Paragraph f. does not include that (2) Road construction or resurfacing part of any contract or agreement: equipment such as graders, scrapers or (1) That indemnifies an architect, engineer or rollers; surveyor for injury or damage arising out e. Vehicles not described In a., b., c, or d. above of: that are not self-propelled and are maintained HG 00 0109 16 Page 19-of 21 3284: POLICYNUMBER: 10 UEA HF 1471 primarily to provide, mobility to permanently attached equipment of the following types: (1) Air compressors;- pumps and generators, including spraying, ' welding, building cleaning, geophysical' exploration, lighting and,well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Streetcleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing, equipment. However, "mobile equipment' does not Include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 16."Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 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 imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of ;private occupancy of a room, dwelling or premises that a person or organization occupies, committed 'by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic ,publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication, in any manner, of material that violates a person's right of privacy; f. Copying, In your "advertisement', a person's or organization's "advertising Idea" or style of "advertisement; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement". 18."Pollutants" mean any solid, liquid, gaseous or thermal Irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19."Productscompleted operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product' or "your work' except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work' will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or, subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any Insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the'DeclarationSr or in a policy Schedule, states that products - Page 20 of 21 KG 00 0109 16 3284: 29 POLICYNUMBER: 10 aea He 1471 completed operations are subject to the General Aggregate Limit. 20."Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical Injury that caused It; or p, Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. As used in this definition, computerized or electronically stored data, programs or software are not tangible property. Electronic data means information, facts or programs: a, Stored as or on; b. Created or used on; or c. Transmitted to or from; computer software, 'including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 21."Sult" ..means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding In which such damages are claimed and to which the insured, must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding In which, such damages are claimed and'to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee on leave or 'to meet seasonal or short-term workload conditions. 23, "Volunteer worker" means a person who a. Is not your "employee'; b. Donates his or work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured', sold, handled, distributed or disposed of by: (a) You; (b) Others trading; under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials,:parts or equipment furnished in connection with such goods or products. b. Includes (1) Warranties or, representations ,made at any time with respect to the fitness, quality,, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c' Does not include, vending machines or other property rented to or located for the use of others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) 'Materials, parts or equipment furnished in connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work' and (2) The providing of or failure to provide warnings or instructions. HG 00 01 0916 Page 21 of 21 3294; 'olicy Number: 10. UEA HF1837 'olicy Term: 11/1/2024 - 11/1/2025 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ .IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the .provisions of this endorsement provide broader benefits to the 'insured" than other provisions of the Coverage Form,'the provisions of this endorsement apply. 1. BROAD FORM INSURED' A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or.joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "Insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by ,you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 160 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired.the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire .or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. - WHO IS AN INSURED of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered .,auto" you hire. D. Additional Insured If Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "Insured', but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused' by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." ©2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 1 of 5 3264: 30 of POLICY NUMBER: 10 UEA xe 1837 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit' under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit' to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2, - DUTIES IN THE EVENT OF ACCIDENT, CLAIM . SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non -Contributory if Required by Contract Only with respect to insurance provided to an additional insured in 1.D. - Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and noncontributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit' if any other insurer has a duty to defend the insured against that "suit'. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and seINnsured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) PNe2of5 3284: POLICY NUMBER: 10 OEA HF 1837 If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss" or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident', you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire 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. 5. PHYSICAL DAMAGE ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000, 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes, overdue payments, penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees, security deposits not returned by the lessor, costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs BA - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and Col. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto", (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or 02011, The Hartford (Includes copyrighted material Form HA 99 16 0312 011SO Properties, Inc., with its permission.) Page 3 of 5 3284. 31 Group, I 10 uEA HF 1B3� ord Financial Servic 't is not NUMBER If another Ha Hartford or coverage form lies to POLICY NUM for the normal Inc. company Policy e form applies (4) Necessary an automobile policy or coverag applies! operation of the covered normal the same "accident', the following us the monitoring of the this "auto 's" operating system. or smallest) (1) If the deductible Lhersmaller (mess Auto 10 of the Coverage Form Version CA 00 01 03 physical it will be waived; b.Section III — coverage Form, deductible, Business Auto of Insurance, deductible under this Business Coverage, Limit 2 If the is not the Qamaga 00 01 10 01 of () Coverage Form it will be reduced by Paragraph C.2 and Version CA Form, Physical smallest) deductble, or smallest) the Business Auto coverage of Insurance, the amount of the smaller l Damage Coverage, deductible. EVENT OF Paragraph C are each amended to add the DUTIES IN THE Pay for "loss' in 12. AMENDED CLAIM, SUITOR LOSS following: ACCIDENT, $1,500 is the most we Ntop all electronic CONDITIONS LAI - one "accident' The requirement In NOT OF ACCIDENT,CLAIM, any other than equipment designed BUSINESS equipment ( DUTIES IN THE E of SECTION IV - us of solely for the reproduction of sound, and °U must notify used with such equipment) SUIT OR LOSS "accident' Is accessories or transmits AUTO CONDITIONS o lY When the that reproduces, receives at the an "accident" applies audio, visual or data signals which, known to! time of "loss", is'' on ( You, If you are an individual', installed in or up l� A partner, if you are a partnership', (1) Permanentlyauto" In a housing, limited liability the covered " you are a opening or other location that 11 Taut t (3) A member, if normally used by the company, or manufacturer for the installation of (4) An executive officer or in manager, if such equipment; you are a corporation. TO DISCLOSE permanently FAILURE (2) Removable fromunt as described 13. UNINTENTIONAL installed housing above or is an HAZARDS hazards in paragraph 2.a. If you unintentionally fail to disclose any nrent; or date of your policy, we Integral part of that equip existing at the inception under this Coverage rat art of such equipment.will not deny coverage (3) An integral P ' should loss be limited Form because of such failure TERRITORY c. For each covered "auto' , our obligation too COVERA to electronic it equipment or rleplace damag 14. HIRED AUTO - 7. pay for, repair, paragraph e. of GENERAL CONDITIONS mentquipshown in the POLICY PERIOD, COVERAGE TERRITORY UTO stolen electronic equip deductibIaw ll be reduced by of SECTION IV BUSINESS the applicable laced by the following: Declarations, or $250, whichever deductible is CONDITIONS is rep coveraga less. e. For short-term hired "autos", Coverage is EXPENSE BROADENED with respect to Liability 9, EXTRA territory rovided that if the COVERAGE anywhere in the world P damages for h A. - COVERAGE of SECTION to Pay damage" is we will "insured's responsibilityor „property Under PaSICA "bodily Injury' brought in III - PHYSICAL DAMAGE COV a sA en covered 'the "suit' is pay for the expense of returning determined in a "suit; the territories "auto" to you the United States of America, PAIR - WAIVER OF DEDUCTIBLE and possessions of the United a States °a 1o. GLASS RE DEDUCTIBLE - of SECTION America, Puerto Rico or Canada Under Paragraph D. settlement we agree to. PHYSICAL DAMAGE COVERAGE, the III 15. WAIVER OF SUBROGATION RECOVERY following is added: a if the OF RIGHTS OF lies to glass damage TRANSFER of SECTION IV - No deductible applies AGAINST OTHERS TO US - glass Is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES BUSINESS AUTO CONDITIONS is amended by adding the following: Under Paragraph D. - DEDUCTIB OVLE ERAGETIe ON III - PHYSICAL DAMAGE I following Is added. P2V ). The Hartford (motudes copyri6p111t1���� Form HA 99 16 03 12 of ISO Prdpefhes, Inn, WA 14 0&1 POLICY NU - MBER: to UEA HF 1837 We waive any right of recovery we may have against any person or organization with whom YOU have a written contract that waiver because requires such of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the ; "Bodily injury" means following bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17• EXTENDED CANCELLATION CONDITION COMMON POLICY except as follows: Paragraph 2. of the CONDITIONS - CANCELLATION - applies If we cancel for any reason nonpayment of premiumother than , we will mall or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive Loss, , Specified Causes of or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows; a. if the auto is replaced with a "hybrid" auto or an auto powered solely by electrjeity or natural maximum will pay an additional 1096, to a actual $2,500, of the "non -hybrid" auto's cash value or whichever is less replacement cost, b. The auto must be replaced and a copy of a bill Of safe or new lease agreement received by us within 60 calendar days of the date of'yossIy C. Regardless of the number of autos deemed a total loss the most we Paym will pay under this HybridElectri°, or Natural Gas Vehicle loss" ', $10,000age Provision for any one " For the purposes of the coverage provision, u a."non-hybrid" auto is defined as an auto that move the uses only an internal combustion engine to auto but does not include autos Powered solely by electricity or natural gas. inte b.in "hybrid" auto is defined as an auto with an rnal combustion engine and one or more electric motors,.and that uses the internal comb engine motors to g and one or more electric Motor move the auto, or the internal soon engine electric motors charge one or more s, which move the auto. 19• VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss Collision coverages are provided Coverageor Form, then such Physical this Coverages are amended to add ysf011 Damage In addition to the a the following: we will Pa u dual cash value of the "auto", which y P to $1,000 nth for vinyl vehicle wraps time of total r loss. Re n the covered "auto" at the autos deemed a total oss,gardlthe ess Of the number of under this Vehicle Wrap most we will pay cove age 'loss, is $5,0 OCForrPurpos sisiofnth this Painted or Provision, signs or other graphics magnetically raps d to the vehicle are not considered vehicle ford (Includes copyrighted material page 6 of 5 ' Vies, Inc., with its permission.) .DSO 3284. 32 of Policy Number: 10WEAU9T8V Policy Term: 1171 /2024 - 11 /1 /2025� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization As required by written contract SCHEDULE Countersigned by Policy No. 10 WEA AU9T8V Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Job Description Project notated in contract Authorized Representative Policy Expiration Date: CONTRACT ABSTRACT 1 Original: Contract Change Order No. 1 Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Elecnor Belco Electric, Inc. John Wong, Vice President CP 21-12, HAWK Pedestrian Signal at Racquet Club and Vira Miraleste $349,059.74 (includes this CCO#1 for -$14,729.26) SB 821 and Capital Funds To be determined by the Notice to Proceed Contract Administration Lead Department: Contract Administrator: Engineering Services Joel Montalvo/Alberto Gradilla Contract Approvals Council Approval Date: Contract Change Order No. 1: Agreement Number: November 28, 2022, Item 1.M. TBD A9369 Contract Compliance Exhibits: Signatures: Insurance: Bonds: On file Attached On file On file Contract prepared by: Engineering Services Department Submitted on: 06/10/2024 By: Vonda Teed DocuSign Envelope ID: 58C89B81-47FC-4E20-B815-CABF99FE81D4 Page 1 of 1 CITY OF PALM SPRINGS CONTRACT CHANGE ORDER No. 1 HAWK SIGNAL INSTALLATION, E RACQUET CLUB ROAD AND VIA MIRALESTE CITY PROJECT NO. 21-12 Contractor: Elecnor Belco Electric, Inc. Date: May 9, 2024 CONTRACT CHANGE ORDER SUMMARY Final balancing change order assessing project credits. CONTRACT CHANGE ORDER COST ID Description Qty Unit Cost 01 Credit for unused field allowance 1 LS ($14,729.26) CHANGES TO CONTRACT TIME: Due to various delays outline below, 218 Calendar days will be added to the contract time: •Southern California Edison - additional infrastructure needed (no cost to City). •Various rain delays, including Hurricane Hillary. •Speed feedback sign equipment delays. Summary of Costs: Original Contract Amount: $363,789.00 Construction Start Date: 06/12/2023 Previous Contract Change Orders: $0.00 Previous Agreed Completion Date: 09/11/2023 This Change Order Amount: ($14,729.26) Calendar Days Added: 218 Revised Contract Amount: $349,059.74 Revised Completion: 04/15/2024 I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor. Elecnor Belco Electric, Inc. Alberto Garcia, President/CEO Date City of Palm Springs Approved By: Joel Montalvo, City Engineer Date Attest By: Brenda Pree, City Clerk Date 4/29/24 DocuSign Envelope ID: 58C89B81-47FC-4E20-B815-CABF99FE81D4 6/10/2024 6/10/2024 CONTRACT ABSTRACT 1 Original: Agreement, Performance & Payment Bonds and Insurance Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Elecnor Belco Electric, Inc. John Wong, Vice President CP 21-12, HAWK Pedestrian Signal at Racquet Club and Vira Miraleste $363,789 SB 821 and Capital Funds To be determined by the Notice to Proceed Contract Administration Lead Department: Contract Administrator: Engineering Services Joel Montalvo/Max Scheideman Contract Approvals Council Approval Date: Agenda Item No. Agreement Number: November 28, 2022 Item 1.M. 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Lc€¡LrƱ Ʊ —cƱ ¿Ʊ  Ʊ Ʊ Ž@ -Ʊ - ÀƱ Ʊ&Ʊ Ʊ$Ʊ¦ƱƱBƱ ¤ ōƱ"Ʊ< RƱ/ƱdƱƱ ƱƱƱ‡ /;ƱƱ  ˜Ʊ Ʊ,2Ʊ)&ƱƱ ƱŤ MKľƱƱƱw:1ƱkƱDŵP1ÒƱ G&Ʊ78Ʊ ŠƱ <Ʊ n N Ʊ '0ƱƱ 0Ʊ Ʊ ħƱƱƱ ƱX ƠÓƱ îˆŧ¤#9Ʊ Ʊ Ʊ .Ʊ  Ɣ#9Ʊ ĭ Ʊ PƱ   Ʊ  Ʊ - ƝŶÁƱ Dʼn Ʊ ŷƱ Ʊ Ʊ /Ʊ NIj#Ʊg ;Ʊī Ʊ fCƱƱ„Ÿ Ʊ 8–¨Ʊ £sƱ z Ʊ'ƱƱ Ŏ@ Ʊ  Ʊ  őŒƱ Ʊ ƨƱ BƱ MƦVƱ Ʊ Ʊ Ʊ  j=ŻƱ ġ $ÂƱ Ĭ Ʊ  -MƱ Ʊ f =ÔƱ                                                 /#!*05.@,!@1+@!.(*0@8@*@3*@0"@ $08@+@,%)@ /,.#*!/@ *@&*+.@ '+@ %0.$@$*@ ,0};-80(6};+(4(1)}tQJ}2BnSJo}PCwJ}KzJFuqLG}sRTo}OiJJ]J_q}Bo}dM}rPJ}GBqJo} orBrJH}EJ[ey} #4@+ @,'(@/,.$*!/@ -,.+7@8@$09@+6*$%@ :>;@    @ $?;<@ *= (@ ,,.+7@/@0+@+.(@ !{ .JN}"D\\S`OJf} #Uq{}rqefcJ{} -,.+7@ }aBsvgJ} &! #$& $&&  #"& 5eOJh}&J:Vre}7i}:WFJ}3hLo ppXor}6KF} &CrJ}} 2/0@ !|  "jJ`IB}2kJJ} $Yr{}%\JlZ} !{ 'CrJ}<=>=?=?@}A} 9}JfJoD}*C[[CxDb} -`qJmW^}#Uq{}/B_COKk} %"&& &&&&                                                                                                                                              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 THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $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 below If 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) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Willis Towers Watson Northeast, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA Elecnor Belco Electric, Inc. 14320 Albers Way Chino, CA 91710 HAWK Pedestrian Signal at Racquet Club & Via Miraleste project. Certificate Holder is included as an Additional Insured as respects to General Liability and Auto Liability. General Liability and Auto Liability shall be Primary and Non-contributory with any other insurance in force for or SEE ATTACHED City of Palm Springs 11/30/2022 1-877-945-7378 1-888-467-2378 certificates@willis.com Hartford Underwriters Insurance Company 30104 Hartford Fire Insurance Company Markel Insurance Company 19682 38970 Sentinel Insurance Company Ltd 11000 Navigators Insurance Company 42307 Indian Harbor Insurance Company 36940 W26780753 A 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 YY 10 UEA HF1471 11/01/2022 11/01/2023 B 1,000,000 11/01/202311/01/2022YY10UEAHF1837 C 5,000,000 MKLM1EUE100717 11/01/2022 11/01/2023 5,000,000 10 WEA AU9T8V D Y 1,000,000 11/01/2022 11/01/2023 1,000,000 1,000,000 E Excess Liability Each OccurrenceMR22EXC918906IV 11/01/2022 11/01/2023 Aggregate 275813723379240SR ID:BATCH: $5,000,000 $5,000,000 Nancy Kwong Page 1 of 2          ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Elecnor Belco Electric, Inc. 14320 Albers Way Chino, CA 91710 which may be purchased by Additional Insured. Waiver of Subrogation applies in favor of Additional Insured with respects to General Liability, Auto Liability and Workers Compensation, as permitted by law. Excess policy(ies) is excess over the General Liability, Automobile and Employers Liability. Additional Insureds: The City of Palm Springs, its officials, employees and agents, (as respects a specific contract or for any and all work performed with the City may be included in this statement). Primary and Non-contributory: the city may have (as respects a specific contract or for any and all work performed with the City may be included in this statement). Waiver of Subrogation: City, its elected officials, officers, employees, agents and volunteers. INSURER AFFORDING COVERAGE: Indian Harbor Insurance Company NAIC#: 36940 POLICY NUMBER: CEO744635505 EFF DATE: 11/01/2022 EXP DATE: 11/01/2023 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Professional Liability Per Claim $5,000,000 Aggregate $5,000,000 SIR Per Claim $250,000 22 Willis Towers Watson Northeast, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W26780753CERT:2758137BATCH:23379240SR ID:                                                           ! 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""" & $(:*"0 #B<-        );-,<-                      A     5                             !       ;   <  3       (    $ #               $   9? &  *1         -F0+*")!* &  *-")! """ & $(:*"0          #B<- );-,<-      5                6) 6!-      '            5                                                   1      E%333    .%/ $                      @                  .       / .6/ ,         .           /                      @ .>/               5     $   .%/  .6/ @  = 63%%  (   ."       +#,     "-$  +0 2 "*) $   "      / POLICY NUMBER:10 UEA HF 1837           .?/ !      "   (    *  <            "                                               *  """ C ;   33 3% 3> %3   .%/ "     9   9       $        .   / #    0   "       @ $   6  ;   33 3% %3 3%  .6/ "      9    9       $        . #    0   "    /       $                   .   /   E%233                          = =    5  .   5    5    0)** )!#"")!* 6 &        #+"-* "! (- -;-! ) "#-!0"B      5  /*+" ), 0)** &  *-")! 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""" & $(:*"0 #B<- );-,<-     = 63%%  (   ."       +#,     "-$ 6 +0 2 "*) $   "      / POLICY NUMBER:10 UEA HF 1837           '          ,                7                        5   (  -   !   < ;        A  $                   E%3333                         1   *-")! ;&  &            #-"!"")!*                          9 1    1  A                                                                @       : 7                $   6   )BB)! $)0":              )!#"")!* & !-00")! &                        "           8             "                  !  "           *    0      I3                          $ # ;  =  =                 "             "          &         E%333           *               0                ,              $             #           ; '       "                  E2333                                    %34                  E6233   &   D                                           I3         = 63%%  (   ."       +#,     "-$ 2 +0 2 "*) $   "      / POLICY NUMBER:10 UEA HF 1837           THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by (1)Form WC 04 03 06 PrintedinU.S.A. Policy Expiration Date:Process Date: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. % of the California workers' compensation premiumThe additional premium for this endorsement shall be otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Asrequiredbywrittencontract Projectnotatedincontract    Authorized Representative Policy No. 10 WEA AU9T8V