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Mintier Harnish - 2013 Agreement - Amendment No. 2SE. dCOND AMENDMENT TO Agreement for Services between the City and Mintier Harnish for Preparation of the New General Plan WHEREAS, the City of Gilroy, a municipal corporation ( "City "), and Mintier Harnish entered into that certain agreement entitled "Agreement for Services between the City and Mintier Harnish" effective on July 18, 2013, hereinafter referred to as "Original Agreement'; and WHEREAS, City and Mintier Harnish have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. The additional scope and fees identified in the 11/04/2015 letter to David Stubchaer, Operations Manager, Public Works Department, from Tony Akel, Principal, Akel Engineering Group, Inc. to be included as part of the Original Agreement. 2. This Amendment shall be effective on 11/20/2015. 3. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 4. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CITY OF GILROY By: [signature] J. Edward Tewes [employee name] Interim City Administrator [title/department] Date: ! �� 4845 - 8215- 5540v1 _ 1 MDOLINGER04706083 Date: Z S luuel Approved as to Form City Attorney 4845 - 8215- 5540v1 MDOLINGERN04706083 AK E L Smart Planning Our ?Water Resources ENGINEERING GROUP, INC. September 4, 2015 City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Attention: David Stubchaer Operations Manager, Public Works Department Subject: Proposal for Engineering Services to prepare the City of Gilroy 2015 Urban Water Management Plan Dear David: We are pleased to submit this letter proposal to provide Engineering Services to the City of Gilroy for preparing the 2015 Urban Water Management Plan (2015 UWMP). This letter proposal includes the Scope of Work and Fee Estimate to complete the project. BACKGROUND AND PURPOSE California municipalities are required under state law to prepare and adopt an Urban Water Management Plan (UWMP) and to update it every five years, in compliance with the Urban Water Management Planning Act (Act). The 2010 Urban Water Management Plan was completed and submitted the Department of Water Resources (DWR) in July 2011. DWR reviewed the 2010 UWMP and issued a letter stating the City of Gilroy's 2010 UWMP is complete on May 14, 2014. The next cycle of plans (2015) are due to DWR on July 1, 2016. DWR is also planning the release of the 2015 UWMP Guidebook (Guidebook), in September 2015. The DWR Review Sheet contains worksheets that should also be completed as part of the 2015 UWMP. This project includes the following tasks: • Update the 2010 UWMP to follow the new guidelines, as documented in DWR's 2015 UWMP Guidebook • Coordinate plan preparation with the Santa Clara Valley Water District, as they too are preparing their 2015 UWMP. • Update demand projections for the next 25 years • Update supply availability • Complete data reporting requirements (DWR Review Sheet) • Review the water use targets established by Senate Bill 7x7 (SB 7x7), which was passed in November 2009, to determine if the City is meeting the objectives it established as part of the 2010 UWMP • Assist the City in Public meetings • Prepare an Administrative Draft by March 2016. www.ake1eng.com 7433 N. First St, Suite 103 - Fresno, CA 93720 • TEL (559) 436 -0600 • FAX (559) 436 -0622 Mr. David Stubchaer City of Gilroy, PWD Operations Manager 2015 UWMP • Complete Public Review Period by May 2016 • Submit Completed UWMP to DWR before July 1, 2016 • Fulfill a public workshop, as set forth in SB 7x7 (November 2009) RELEVANT REPORTS The following documents are relevant to this project: August 31, 2015 Page 2 • City of Gilroy 2010 Urban Water Management Plan (2010 UWMP), July 2011. DWR issued a letter indicating the City of Gilroy 2010 UWMP was complete. • City of Gilroy 2016 Water System Master Plan, in progress (2016 WSMP). This plan will be the basis for the development and distribution of water demands. Population projections in the City's 2015 UWMP will be consistent with this in progress Water System Master Plan. • City of Gilroy General Plan, June 2015. This plan is in progress and will be the basis for the preparation of the 2016 Water System Master Plan. • Santa Clara Valley Water District, 2012 Water Supply and Infrastructure Master Plan, October 2012. The findings of this report are part of the District's strategic management plan for future water supplies. • Santa Clara Valley Water District, 2015 Urban Water Management Plan, (Draft in progress). District staff are completing work on the water demand study and checking with water retailers. • Santa Clara Valley Water District, Groundwater Management Plan, 2012. The findings of this report provide the District's objectives for management and strategies in support of the management of groundwater basins. SCOPE OF WORK Task 1. Data Collection and Review Consultant shall review the relevant reports listed in this proposal, as well as other more recent relevant documents, and identify the data needs. A Data Needs matrix will be developed and submitted to City staff. When DWR releases the 2015 UWMP Guidebook in September 2015, the consultant shall update the table and submit to staff. Consultant will conduct a kickoff meeting at the City for initiating the project. The objective of the meeting is to inform the team members of the project schedule and data collection needs. The data needs include: • Updated information for the.Demand Management Measures • Updated population projections • Updated Land Use Map • Historical water production for the past 3 years Mr. David Stubchaer City of Gilroy, PWD Operations Manager 2015 UWMP August 31, 2015 Page 3 • Water Consumption by land use category for the past 3 years • List and details of planned known projects • Other required information, pending release by DWR of UWMP Guidebook in late 2015. Deliverables: • Initial Data Needs Table • Revised Data needs Table (Following release of UWMP Guidebook) Task 2. Water Demand Analysis Consultant shall update demand projections based on the most recent land use and population projections, as available from the City's planning department. In order to fulfill SB 7x7, Consultant shall evaluate the baseline water use in gallons per minute, and compare the City's current water production records to the urban water use targets established in the 2010 UWMP. Demand projections shall cover a 25 -year period, commencing in 2015 and ending in 2040. Deliverables: • Domestic Water Demand Analysis Table Task 3. Water Supply Analysis Consultant shall describe the City's water supply system and constraints, identify operational procedures, and present information on current water production capacities. The amount of groundwater availability and recycled water supplies will be based on existing reports. This task also includes a 25 -year Demand and Supply Comparison, in 5 -year increments, through the UWMP project horizon year of 2040. Normal years, single dry years, and multiple dry years will be considered. Deliverables: • Water Supply Summary • Demand vs. Supply Comparison Table Task 4. Demand Management Measures (DMMs) Consultant shall review and update the status of DMMs, as documented in the 2010 UWMP. These programs include water survey, residential plumbing retrofits, system water audits, metering with commodity rates, large landscape conservation programs, high- efficiency washing machine rebate programs, public information programs, school education programs, wholesale agency programs, water waste prohibitions, and residential ultra -low- flush toilet replacement programs. Mr. David Stubchaer August 31, 2015 City of Gilroy, PWD Operations Manager Page 4 2015 UWMP This task will also comply with SB7x7 requirement as follows: • The goal of the bill is to reduce California's per capita water use, in gallon per capita per day (gpdc), by 20% by December 31, 2020 • The interim goal is to reduce California's per capita water use by 10% by December 31, 2015. The interim per capita water use target will be evaluated as part of the 2015 UWMP. Deliverables: • Summary of DMMs • Per Capita Water Use (Interim and Final Targets) Task 5. Water Shortage Contingency Plan The 2010 UWMP included a discussion on the water shortage contingency plan that described the actions in the event of a shortage, as well as water waste prohibitions. The 2010 UWMP includes discussions on the following: • Water shortage stages and reduction objectives • Prohibitions, consumption reduction methods, and penalties • Actions during a catastrophic interruption • Reduction measuring mechanism • Water Shortage Contingency Ordinance /Resolution Consultant shall review and update the water shortage contingency plan and submit to City staff for approval. Deliverables: • Water Shortage Contingency Plan Task 6. Prepare UWMP Report (Administrative Draft, Final Draft, Final) Consultant shall prepare an Administrative Draft of the 2015 UWMP and submit to the City and to SCVWD for review and to DWR for a completeness review. Review comments will be incorporated in the Final Draft 2015 UWMP. Consultant shall coordinate with city staff for submitting the Final report to DWR no later than July 1, 20111. Deliverables: • DWR Review Sheet • 7 hard copies and -1 pdf version 2015 UWMP Administrative Draft for City and SCVWD • 7 hard copies and 1 pdf version 2015 UWMP Final Draft for public review • 10 hard copies and 1 pdf version 2015 UWMP Final for Council Adoption and an electronic submittal to DWR Mr. David Stubchaer August 31, 2015 City of Gilroy, PWD Operations Manager Page 5 2015 UWMP Task 7. Public Participation and Review The City's public participation program may include both active and passive means of obtaining input from the community, including mailings, public meetings, and web based communication. Consultant shall present the UWMP information at a City Council meeting. The consultant shall prepare any necessary handouts or exhibits. Two successive weeks prior to adoption of the final document, City staff shall post a notice of the public hearing of the UWMP and publish it in the local newspaper. The notice shall notify interested parties that a draft UWMP was available at various City facilities and on the City's web page. Deliverables: • Public presentation of UWMP Task 8. Project Meetings and Management Consultant shall maintain effective communication and participate in periodic coordination meetings throughout the duration of the project. This task assumes up to 4 project face to face meetings and as needed teleconference and coordination meetings. One of the face to face meeting include coordination with the Santa Clara Valley Water District Deliverables: • Meeting agenda and minutes • Progress reports and invoices SCHEDULE The 2015 UWMP shall be completed and submitted to DWR before July 1, 2016. Other milestones include: • DWR updated Guidebook (September 2015) • Administrative Draft (March 2016) • Final Draft (April 2016) • Final Report (Early June 2016) FEE ESTIMATE A not to exceed fee of thirty -nine thousand one hundred and fifty -four dollars ($39,154) is hereby established for the Consultant's services, unless amended by the scope of work. The City shall pay in accordance with the attached Fee Schedule. Should you need additional information, or have questions regarding this proposal, please do not hesitate to call me. I look forward to hearing from you. Mr. David Stubchaer City of Gilroy, PWD Operations Manager 2015 UWMP Sincerely, AKEL ENGINEERING GROUP, INC. Tony Akel, P.E. Principal Copy: Rick Smelser, P.E., City Engineer Saeid Vaziry, P.E. TAA Enclosure: Fee Schedule August 31, 2015 Page 6 City of Gilroy 2015 Urban Water Management Plan Estimated Fee (September 4, 2015) A K E L Ac ® DATE (MM /DDYYYY) CERTIFICATE OF LIABILITY INSURANCE (MM/2D / 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 REPRESEWTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION 1S WANED, 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 CorRisk Solutions 225 W. Washington St. Suite 1560 Chicago, IL 60606 Mintier Harnish 1415 20th Street Sacramento, CA 95811 COVERAGES "W- Karen Bronson PHONE (ACI No r14 332 -263 -4218 i w.E.a EAAM AODFIEW: kbronson @corrisksolutions.com INSURER A: New INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: NUMBER: Insurance Company f'T�TI��TaTrl 01, 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 AF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR - TYPE OF INSURANCE ADDT- INSRD SUER. YYVD POLICY NUMBER POLICY EFF (tlWDDNYYY) POLICY EXP (111 O WYYYI limas GENERAL LIABILITY EACH OCCURANCE COMMERCIAL GENERAL LIABILITY CLAIMS MADE F � OCCUR DAMAGE TO RENTED PREMISES (Ea occurance) MED EXP (Any one person) DOES NOT APPLY PERSONAL 8 AND INJURY GENERAL AGGREGATE PRODUCTS - COMPIOP AGG GEN1 AGGREGATE LIMIT APPLIES PER: POLICY PROJECT LOC AUTOMOBILE LIABILITY I:UMtlINEU SINUIJ- LIM[ I (he anddent) BODILY INJURY (Per parson) ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS DOES NOT APPLY BODILY INJURY (Per aodderd) aPKUPEKTY DAMAGE (Per HIRED AUTOS NON -OWNED Al ITn.q UMBRELLA LIAS OCCUR. EACH OCCURANCE HCLAIMS AGGREGATE _ EXCESS LIAB MADE DOES NOT APPLY DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STA`r TORY LIMITS OTHER E L EACH ACCIDENT ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICEIMEMBER EXCLUDED? (Mandatory in NH) Y/N ❑ NIA DOES NOT APPLY e.L. UIStSAL - EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT A Professional Liability 064990819- 00 11 /21 /i5 11/21/16 Pe�Oxulrence: $2,000,000 AnnualAgg -gale: $2 000 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACCORD 101, Additional Remarks Schedule, if more space is required) Gilroy GPU GERTIFIGATE MOLDER GANGELLATION City of Gilroy Community Development Department t p SHOULD ANY OF THE ABOVED DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSUREER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION Attention: Stan Ketchum OR LIABILITY OF ANY KIND TO THE INSURER, rrs AGENTS ORREPRESENITTIVES AUTHORIZED REPRESENTATIVE 7351 Rosanna Street Gilroy, CA 95020 ACORD 25 (2010105) ®1988-2010 ACORD CORPORATION. Alidghts reserved. The ACCORD name and logo are registered marks of ACCORD JLAUR -1 OP ID: CC A� ®R® CERTIFICATE OF LIABILITY INSPRANCE DATE (MWDONYYY) 05/27/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Point West Insurance Assoc. 1.111 Howe Ave 2nd Fir Ste #155 Sacramento, CA 95825 M Stuart Nelson CONTACT NAME: PNCNNo E:t • FAC No): E-MAIL ADDRESS: GENERAL LIABILITY INSURERS AFFORDING COVERAGE NAIC 0 INSURER A: Hartford Casualty Company 29424 $ 2,000,000. INSURED Mintier Hamish LP dba:Mintler Hamish INSURERS. Hartford Fire Insurance Co 19682 67SBAEF2063 1415 20th .Street INSURER C: PAMAGE TO RENTED Ea occurrence) INSURER 0: MED EXP (Any one person) Sacramento, CA 95814 INSURER E: X Hired /NOwned Auto INSURER F : COVERAGES CERTIFICATE NUMRFR- Rr:yr_cintj mi iMRFo- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER MMIODmYtt MWDDrYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000. • X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR X 67SBAEF2063 0412412015 0412412016 PAMAGE TO RENTED Ea occurrence) $ 1.000,00 MED EXP (Any one person) $ 10,00 • X Hired /NOwned Auto PERSONAL & ADV INJURY._ $ 2,000,00 GENERAL AGGREGATE $ 400,00 GEN'L AGGREGATE LIMIT APPLIES PER'. PRODUCTS - COMPIOP AGG $ 4,000,00 X POLICY- PRO LOC H /NO Auto $ 2,000,00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED. SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident ) $ NON -OWNED HIRED AUTOS AUTOS PER ERTY. DAMAGE $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED I . RETENTION $ $ . B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER /EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? � NIA 57WECNU966.6 04/24/2015 0412412016 X WC STATU- OTH- LIMITS ER El EACH ACCIDENT $ 1,000 00 E. L. DISEASE - EA EMPLOY $ 1,000,00 (Mandatory In NH) N yes, describe under DESCRIP_TtON OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space Is required) Full Additional Insured listing -City of Gilroy, its officers, representatives, agents and employees. email to- Stan.Ketchum @ci.gilroy.ca.us City of Gilroy Community Development Dept. Attn: Stan Ketchum 7351 Rosanna Street Gilroy, CA 95020 ACORD 25 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEL_ IVERED . IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ail. 5 Col The ACORD name and logo are registered marks of ACORD riahts reserved MINTIER4iARNISM 0424115 TO 0424116 POLICY # 57S6AEF2053 BUSINESS LIABILITY COVERAGE FORM Various provisions in this po5cy restrict coverage. Read the entire policy carefully to deterrrrne rights, duties and what is and is not covered. Throughout this policy the words "you" and your" refer to the Named Insured shown in the Declarations. The words "wen, "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured. In Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And uo Medical Expenses Definitions. �o 0 A. COVERAGES 0 0 I. BUSINESS LIABILITY COVERAGE (BODILY CO INJURY, PROPERTY DAMAGE, PERSONAL c AND ADVERTISING INJURY) Insuring Agreement Ia. Woe will pay those sums that the insured 10 becomes legally obligated to pay as in C2 damages because of "bodily injury", ¢ "property damage" or "personal and ® advertising Injury" 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", "Property damage" or "personal irw advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any �. "occurrence" or 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 D. - Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when ® we have used up the applicable limit of t� insurance in the payment of judgments, ® sbillemenls or me A expenses to which ® this insurance applies. ® No other obligation or liability to pay sums or perform acts or services is cowered unless am explicitly provided for under Coverage ® Extension - Supplementary Paymerrls. _ b. This insurance applies: (1) To "bodily injury" and "property damage" only It (a) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (b) The "bodily injury or "property . damage" occurs during the policy pew; and (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. — Who Is An Insured and no "employee" authorized by you to give or n3oeive notice of an "occurrence" or deft knew that the °bodlytnjirryy" or "property damage" had occurred, In whole or in part. N 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 "properly damage" during or after the policy period will be deemed to have been known prior to the poky period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed In the "ooverage territory" during the policy perm. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any Insured listed under Paragraph 1. of Section C. — Who Is An Insured or any "employee" .authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports 911, or any part, of the " bodly inW or "property damage" to us or any other insurer, Form SS 00 08 04 08 Page 1 of 24 0 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the "bodily faulL These payments will not exceed the Ind' or °properly damage "; or applicable fimit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for "bodfiy Injury" or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur. accident; d. Damages because of "bodily Injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental service_ s, including prosthetic organizaUoh for care, loss of services or devices; and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury". professional nursing and funeral e. Incidental Medical Malpractice services. (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency "sue" we investigate or settle, or any "suit" medical technician or paramedic shall against an insured we defend: be deemed to be caused by an "occurrence", but only it (1) All expenses we incur. (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bad bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services; and any vehicle to which Business Liability Coverage for "bodily injury" applies. We (b) You are not . engaged in the do not have to furnish these bonds. business or occupation of providing such services (3) The cost of appeal bonds or bonds to release attachments, but only for bond (2) For the purpose of determining the amounts within the applicable firnit of limits of insurance for incidental medical insurance. We do not have to furnish malpractice, any act. or orssston these bonds. together with all related acts or omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the considered one "occurrence". Investigation or defense of the claim or "suit", including actual loss of earnings 2. MEDICAL EXPENSES up to $500 a day because of time off Insuring Agreement from work a. We will pay medical expenses as described (6) An costs taxed against the insured in below for "bodily injury" caused by an the "suit". accident: (6) Prejudgment interest awarded against (1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the remit; or applicable limit of Insurance, we will not (3) Because of your operations; pay any prejudgment'irderest based on that period of tune after the offer. provided that: (7) An interest on the full amount of any (1) The accident takes place in the judgment that accrues after entry of the "coverage tenitory" and during the judgment and before we have pald, policy period; offered to pay. or deposited in court the (2) The expenses are incurred and reported part of the: judgment that is within the to us within three years of the date of applicable limit of insurance. the accident; and Any amounts paid under (1) through (7) (3) The injured person submits to above win not reduce the limits of insurance. examination, at our expense, by physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS 00 08 04 06 BUSINESS LIABILITY COVERAGE FORM Fonn SS 00 08 0405 Page 3 of Z4 b. If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees Incurred by us in the named as a party to the "sun", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred (1) The "suit" against the indemnitee by the indemnitee at our request wi'ti be seeks damages for which the insured paid as Supplementary Payments. has assumed the liabti'ity of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1.b4b) of Section B. — that is an "Insured contras "; Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bodily . assumed by the insured, injury" and "property damage" and will o �o (3) The obligation to defend, or the cost of not reduce the Umits of Insurance. CD the defense of, that indemnitee, has Our obligation to defend an msuted's also been assumed by the insured In indemnitee and to pay for attorneys' fees the same "insured contract''; and necessary litigation expenses as o (4) The allegations In the "suit" and the Supplementary Payments ends when: a information we know about the (1) We have used up the applicable limit c "occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements; or L of the insured and the interest of the (2) The conditions set forth above, or the C14 tndemnitee; terns of the agreement described in (5) The indemnitee and the insured ask Paragraph (6) above, are no longer met• us to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit" 1. Applicable To Business Liability Coverage and agree that we can assign the ® same counsel to defend the insured This insurance does not apply to: IiiiiIIII and the indemnitee; and a. Expected Or Intended Injury � (6) The indemnitee: (1) "Bodily injury" or "property damage" (a) Agrees in writing to: expected or Intended from the (i) Cooperate with us in the standpoint of the insured. This Investigation, settlement or exclusion does not apply to "bodily ® defense of the "suit'; Injury" or "property damage" resulting from the use of reasonable force to ® (ii) Immediately send us copies of protect persons or property; or any demands, notices, (2) "Personal and advertising injury" arising summonses or legal papers received in connection with out of an offense commuted by, at the the "suit "; direction of or with the consent or acquiescence of the insured with the (iii) Notify any other insurer whose expectation of indficting "personal and ® coverage Is available to the �� m �� a� indemnitee; and b. Contractual Liability ® (Iv) Cooperate with us with (1) "BodifY in,�,rry" or "property da►rrage "; a• � respect to coordinating other applicable insurance available (2) "Personal and adverting injury" ® to the indemnitee; and for which the Insured Is obligated to pay (b) Provides us with written damages by reason of the assumption of i� authorization to: liability in a contract or agreement. ® (I) Obtain records and other This exclusion does not apply to liability ® information related to the for damages because of "suit"; and (a) "Bodily Injury". "Property damage" or (ii) Conduct and control the "per and advertising injury'that defense of the 'indemnitee in the insured would have in the such "suit". absence of the contract or agreement: or Fonn SS 00 08 0405 Page 3 of Z4 BUSINESS UABILITY COVERAGE FORM (b) "Bodily injury" or "property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business, or that is an insured oonlract", (2) The spouse, child, parent, brother or proMed the "bodily injury" or sister of that "employee" as a "property damage" occurs consequence of (1) above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in (1) Whether the insured nay be liable as an "insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or "property damage" This exclusion does not apply to liability provided: assumed, by the insured under an '"insured (I) Liability to such party for, or for contract". the cost of, that party's defense L Pollution has also been assumed in the same "insured contract", and (1) "Bodily injury", "Property damage" or "personal and advertising injury" a Such attorneys' fees and r7 arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release: or escape civil or alternative dispute of "pollutants ": resolution proceeding in which damages to which this (it) At or from any premises, site or insurance applies are alleged. location which b or was at any time owned or occupied by, or c. Liquor Liability rented or loaned to any insured. "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to: reason of (i) "Bodily injury" if sustained within (1) Causing or contributing to the a building and caused by Intoxication of any person; smoke, fumes, vapor or soot (2) The fumishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment VW is used to heat, under the influence of alcohol; or cool or dehumidify the building, (11) Any statute, ordinance or regulation or equipment that is used to heat water for personal rue, by relating to the sale, gift, distribution or the buficWs occupants s or their use of alcoholic beverages. gum; This exclusion applies only If you are in the (ti) "Bodily injury" or "property business of manufacturing, distrMuting, die" for which you may be selling, serving or furnishing aloohollo held liable, if you ate a beverages. contractor and the owner or d. Workers' Compensation And Similar lessee of such premises, site or Laws location has been added to your Any obligation of the insured under a policy as an additional Insured workeW compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional cured at the e. Employees UabBity premises, site or location and "Bodily injury" to: such premises, site or location (1) An "employee" of the insured arising is not and never was owned or occupied by, or rented or out of and in the course of loaned to, any insured, other (a) Employment by the insured; or than that additional insured; or Page 4 of 24 Form 83 00 09 04 05 BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 5 of 24 (Ili) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being. performed smoke or fumes from a by such insured, contractor or "hostile fire "; subcontractor, (b) At or from any premises, site or (ii) "Bodily Injury" or "property location which is or was at any damage° sustained within a time used by or for any Insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materiels brought of waste; Into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a CD treated, disposed of, or processed contractor or subcontractor, or c as waste by or for. (iii) "Bodily injury" or "property (I) Any insured; or damage" arising out of heat, (ii) Any person or organization for smoke or fumes from a "hostile fire"; or m° whom you may be legally responsible; (e) At or from any premises, site or (d) At or from any premises, site or oleori6aa Sysrany ubcontractors M location on which any insured or wog directly or indirectly on any Ln any contractors or subcontractors insured's behalf are performing N CD working directly or indirectly on operations if the operations are to CD any insurer's behalf are test for, monitor, dean up, remove, performing operations if the cow, treat, detw* or neutralize, i "pollutants" are brought on or to or in a way respond to, or assess Any Y" P the premises, site or location in " the effects of, "pollutants!. connection with such operations t® by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: ® subparagraph does not apply to: (a) Request, demand, order or statutory 11101 (Q "Bodily► injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monk". escape of fuels, lubricants or dean up, remove, contain, treat, other operating fluids which are detaxily or neutralize, or in -any way needed to perform the noffnal respond to, or assess the effects of, electrical, hydraulic or °Potiutarns "; or ® mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for Him "mobile equipment" or its parts, damages because of testing for, !! If such fuels, lubricants or other monitoring, cleaning up, removing, ® operating fluids escape from a containing, treating, detoxffft or vehicle part designed to hold, neutralizing, or in any way » store or receive them. This responding to, or assessing the e�ooeption does not apply if the effects of, "pollutants ". "Wily Injury" or "property However, this paragraph does not damage" arises out of the apply to tiabilily for damages because Intentional discharge, dispersal of "property damage" that the insured t� or release of the fuels, would have In the absence of such mmmmta aamm lubricants or other operating request, demand, order or statutory or ®; fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behold of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 5 of 24 BUSINESS UABILITY COVERAGE FORM 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 ink operation and "loading orunbading". 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 orentrustrnent 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 " prooperty damage" arising out of the operation of any of the equipment listed in Paragraph f42) or t.(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 pdmary, excess, contingent or on any other basis. h. Mobiie 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 or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. L War "Bodily injury", "property damage" or "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. j. Professional Services "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional service. This includes but is not limited to: (1) Legal, accounting or advertising services; (2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change ciders, designs or drawings and spedficaWm; (3) Supervisory, inspection, architectural or engineering activities, (4) Medical, surgical, dental, x-ray or nursing services treatment, advice or Instruction; (5) Any health or therapeutic service treatment, advice or in (6) Any service, treatment, advice or Instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming; (7) Optical or hearing aid services Including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; Page 6 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 7 of 24 (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this Including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing; damage" (other than damage by fire) to _ preparation, fitting,demonsttation or premises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (g) Any: of Insurance applies to Damage To (a) Body piercing, (not including ear Premises Rented To You as described in Section D. - Limits Of Insurance. piercing); (b) Tattooing, including but not limited paragraph (2) of this exclusion does not "your to the insertion of pigments into or apply if the premises are work" and under the skin; and were never occupied, rented or, held for c rental by you. (c) Similar services; Paragraphs (3) and (4) of this exclusion do ° (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this .°� (11) Computer consulting, design or exclusion do not apply to liability assumed aprogramming services, including web under a sidetrack agreement. rn C) site design. Paragraphs (3) and (4) of this exclusion do I Paragraphs (4) and (5) of this exclusion do not apply to "property damage" to Ln not apply to the Incidental . Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. CD Paragraph 1.e. in Section A. - Coverages. Paragraph (6) of this exclusion does not ° k. Damage To Property apply to "property damage" included in the "Property damage" to: "products - completed operations hazard ". (1) Property you own, rent- or occupy, I. Damage To Your Product am including any costs or expenses "Property damage" to "your product" a incurred by you, or any other person, arising out of it or any part of ft. ® organization or entity, for repair, m. Damage To Your Work replacement, enhancement, ® restoration or maintenance of such "Property damage" to °your work" arising team property for any reason, including out of it or any part of it and included in the ® prevention of injury to a person or "products-completed operations hazard". damage to another's property; This exclusion does not apply If the (2) Premises you sell, give away or damaged work or the worts out of which abandon, ifthe "property damage" arises the damage arises was performed on your out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired Property Or t� (4) Personal property in the care; custody Property Not Physically Injured or control of the insured; "Property damage" to "impaired properly" (5) That particular part of real property on or property that has not been physically. t� which you or any contractors or injured, arising out of subcontractors working directly or (1) A defect, deficiency, inadequacy or Indirectly on your behalf are performing dangerous condition in '"your product" ® �i opera#=, if the "property damage" or "your work"; or arises out of those o' Aerations; or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a MEN that must be restored, repaired or contract or agreement, in accordance replaced because "your work" was with its temp. incorrectly performed on This exclusion does not apply to the loss of use of other property arising out of sudden and accidenta[ physical injury to "your product" or "your work" after it has been put to Its intended use. Form SS 00 08 04 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or. artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense Incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal. recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal Designing or detemuning content or disposal of of of web sites for others; or (1) "Yourproduct"; (c) An Internet search, access, (2) "Your work "; or content or service provider. (S) "Impaired property'; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and C. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect. Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. p rposes of this exclusion, For the u p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by (1) Arising out of oral, written or electronic Itself, is not considered the business publication of material, if done by or at of advertising, broadcasting, the direction of the insured with publishing ortelecasting; knowledge of its falsity, (9) Arising out of an electronic chat room (2) Arising out of oral, written or electronic or bulletin board the insured hosts, publication of material whose first owns, or over which the insured publication took place before the exercises control, beginning of the policy period; (10) Arising out of the unauthorized use of (9) Arising out of a criminal act committed anthers name or product in your e-mail by or the direction of the insured; address, domain name or metatags, or any other similar tactics to .mislead (4) Arising out of any breach of contract, anolher's potential customers; except an implied contract to use "advertising (11) Arising out of the violation of a anther's Idea" in your "advertisement "; persons right of privacy created by any state or federal act. (8) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the an u y statement of quality or pey state made your insured would have in the absence of "advertisement"; such state or federal act (6) Arising out of the wrong description of (12) Arising out of the price of goods, products or services; (a) An "advertisemerrr for others on (n Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service nark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not h1birmretion, code, sounds, teed, apply to infringement, to your graphics or images; or "advertssmment", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan Is also (1) Your web site; or a trademark, trade name, service (ti) The presentation or functionality mark or other designation of origin of an " advertisement" or other or authenticity; or content on your web site; Page 8 of 24 Fonn SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 9 of 24 (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law, reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities; or persons or property which would not have occurred in whole or in (1 S) Arising out of discrimination or part but for the asbestos hazard", humiliation committed by or at the direction of any "executive officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or others test for, monitor, dean up, q. Electronic Data remove, encapsulate, contain, c Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the ° to access, or inability to manipulate effects of an "asbestos hazard "; or "electronic data ". (c) Arise out of any claim or suit for r. Employment- Related Practices damages because of testing for, m "Bodily injury" or "personal and advertising monitoring, Wining up, removing, injury" to encapsulating, containing, treating, o (1) A person arising out of any: detDAlying or neutralizing or in any way responding to or assessing the ,Ln (a) Refusal to employ that person; effects of an "asbestos hazard". N (b) Termination of that person's L Violation Of Statutes That Govern E- c employment; or Mails, Fax, Phone Calls Or Other * (c) Employment- related practices. Methods Of Sending Material Or #! policies, aces or omissions, such as Information Emil coercion, demotion, evaluation, "Bodily injuW, "Property damage ", or reassignment, discipline, "personal and advertising injury" arising defamation, harassment, humiliation directly or indirectly out of any action or or disorirninatlon directed at that' omission that violates or is alleged to person; or violate: ® (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection ® sister of that person as a Act (TCPA), including any amendment consequence of "bodily injury" or of or addition to such law, "personal and advertising injury" to the (2) The CAN -SPAM Act of.2t>03 „inducting ® person at whom any of the any amendment of or addition to such employment- related practices la w; or described in Paragraphs (a), (b), or (c) ® above is directed. (3) Any statute, ordinance or regulation, a� This exclusion applies: other than the TCPA or CAN -SPAM Act ® of 2003, that prohibits or Ifrrins the (1) Whether the insured may be liable as sending, transmitting, com irnunkatting or e� an employer or in any other capacity; distribution of material or infomration. and Damage To Premises Rented To You — (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the Injury. Exclusions c. through h. and k. through o. do i s• Asbestos not apply to damage by fire, lightning or s (1) "Bodily injury”, "property damage" or explosion to premises rented to you or ® "personal and advertising injury" temporarily occupied by you with permission of arising out of the "asbestos hazard ". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, apples to this coverage as described in loss, costs or expenses that Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 BUSINESS UABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage 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 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 with the "products - completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED L 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 pint 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'Insumds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited ItabFdy 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 verdure or limited liability company) or your managers (if you are a limited liability company), but only for ads 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 Of you area partnership or joint venture), to your members (d you are a limited Liability company), or 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 Ka) or (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, Paragraph (d) 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 bye Page 10 of 24 Form 83 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Foam 88 00 08 04 05 Page 11 of 24 (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees ", "volunteer workers ", any partner or member (rf you are (2) "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (f you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your "employee" or Witit respect to "mobile equiliment" registered in CD "volunteer worker"), or any organization your name under arty motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such o. C. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is CD Any person or organization having proper a also an insured, but only with respect to lability CD temporary custody of your property if you arising out of the operation of the equipment, and W die, but only: y: only if no other insurance of any kind is available M o (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured ro (Z) Until your legal representative has with respect to: oC31 been appointed. a. "Bodily injury" to a co-"employee" of the o d. Legal Representative If You We person driving the equipment or * Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, In the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an.insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of Wtth respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet 'long and is not being used ® of which you own a financial interest of to carry persons for a charge, any Person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with m� as a named insured does not apply to respect to liability arising out of the operation Injury or damage with respect to which an of the watercraft, and only if no other ® insured under this insurance is also an insurance of any kind is available to that Insured under another policy or would be person or organization for this liability. an Insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: ggM limits of insurance. a. "Bodily injury" to a co- "employee" of the. 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b• "Property damage" to property owned by, ® other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. ® the voting stock, will qualify as a Named 6. Additional insureds When Required By ® Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However. Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is eadler, and Foam 88 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; Insured under this provision only for that M Demonstration. installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in connection with the sale of the additional insured under this provision if such product, person or organization Is included as an additional Insured by an endorsement Issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled Including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor, or a. Vendors (h) "Bodily injury" or °property Any person(s) or organization(s) (referred to damage° arising out of the sole negligence of the vendor for its below as vendor), but only with respect to own ads or omissions or those "bodily injury" or "property damage arising its employees or anyone else out of 'j our products" which are distributed ailing . an its behalf. However, this or sold in the regular course of the vendors exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (1 The exceptions contained in "property bsmaW included within the Subparagraphs (d) or M; or "produced operations hazard". (it) Such inspections, adjrstn entss, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor Is (2) This Insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering Into, accompanying or liability for damages that the containing Such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for pbodily In the product made intentionally injury'. Vmpem► damage or "personal and advertising Injury" by the vendor caused, in whole or in part, by your (d) Repeckagtng, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and therm repackaged in the original container, Page 12 of 24 Form 38 00 08 04 Ott BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respell to liability arising out to these additional Insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising to (2) With respect to the insurance afforded injury" arising out of operations o to these additional insureds, this performed for the state or insurance does not apply to: municipality; or CD (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" T-4 place alter you cease to lease that included within the "products- cc or be a tenant in that completed operations hazard ". M Premises; or f. Any Other Party I (b) Structural alterations, new (1) Any other person or organization who u construction , or demolition is not an insured under Paragraphs a. 0 operations performed by or on through e. above, but only with a behalf of such person or respect to liability for "bodily injury", * organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to tiabgty for "bodily the ads or omissions of those acting ® injury", "properly damage "personal personal on yo ur behalf: and advertising injury" caused, in whole (a) In the. performance of your or in part, by your acts or omissions or ongoing operations; ® the ads or omissions of those acting on (b) In connection with your premises �. your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and ® or included within the "products - ® (b) In the performance of your completed operations hazard ", but ongoing operations performed by only if ® you or on your behalf. (i) The written contract or written ® (2) With respect to the insurance afforded agreement requires you to I® to these additional insureds, the provide such coverage to following additional.exclusion applies: such additional insured; and WHIM This insurance does not apply to (a) This Coverage Part provides l� "bodily injury", "property damage" or coverage for "bodily Injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the . "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, .opinions, "Bodily injury", "property damage" or — reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional Insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition In Section E. — Liability And Medical Expenses General 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. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Wid 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. Claim made or °suits" brought; or c. Persons or organizations making claim or bringing . "suits ". 2. Aggregate Limits The most we will pay for. a. Damages because of "bodily injury" and "property damage" included In the "products - completed operations hazard" is the. Products - Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", inducting medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right- of-way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. S. Damage To Premises Rented To You Limn The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage 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. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 05 BUSINESS UABIUTY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit ", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other Information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3. above. settlement of the claim or defense The Urnits of Insurance of this Coverage Part apply against the "suit°; and separately to each consecutive annual period and to (4) Assist us, upon our request, m the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be ,`-1 Declarations, unless the policy period is extended liable the insured because of injury after Issuance for an additional period of less than 12 or damage to which this insurance m months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Cost 0 of determining the Unfits of Insurance. E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that Insured's own cc cost voluntarily make a payment assume cGENERAL CONDITIONS arty obligation, or incur any expense, other M 1. Bankruptcy than for fast aid, without our consent Bankruptcy or insolvency of the insured or of e. Additional Insured's Odwr Insurance C4 o the Insured's estate will not relleve us of our If we, cover a claim or "suit' under this cobligations under this Coverage Part. Coverage Part that may also be covered # 2. Duties In The Event Of Occurrence, by other insurance available to an i� Offense, Claim Or Suit additional insured, such additional insured "suit" a a. Notice Of Occurrence Or Offense must submit such claim or to the : other insurer for defense and indemnity. You or any additional insured must see to However, this provision does not apply to ut� it that we are notified as soon as "occurrence" the extent that you have agreed in a practicable of an or an written conW4 written agreement or offense which may result in a claim. To permit that this insurance Is primary and the extent possible, notice should include: uua� non - contributory with the additional (1) How, when and where the "occurrence° Insured's own insurance. or offense took place; L Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Sult Injured persons and witnesses; and ® Paragraphs a. and b. apply to you or to i (3) The nature and location of any injury any additional Insured only when such or damage arising out of the "occurrence", offense, claim or "suit° is JIM "occurrence" or offense. known to: b• Notice Of Claim (1) You or any additional insured that is If a claim is made or °suit" is brought an individual; ® against any insured, you or any additional (2) Any partner, if you or sn additional s insured rust: insured is a partnership; s i (1) Immediately record the specifics of the (3) Any manager, if you or an additional . ® claim or "suit° and the date received; insured is a limited liability company; (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, If you or an additional saw You or any additional insured must see to insured is a corporation; A that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured Is a truss; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved Insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily Injury" liability and "property damage" liability will comply with the provisions of the law to, the extent of the coverage and 'limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required Units for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: 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 Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed seltJernent or on a final judgment against an insured; but we will not be liable for dames that are not payable under the term of this insurance 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. 5. SeparvMon Of Insured Except with respect to the Limits of Insurance, and any rights or duties specifIcaly assigned in this policy 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 a claim is made or "surf" is brought. 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 at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Otherinsurance If other valid and collectible Insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also 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, Bulder's Risk, Installation Risk or similar coverage for "your work"; (2) Promises Rented To 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 waterrxatt to the extent not subject to Exclusion g. of Section A. — Coverages. (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 k. of Section A. Coverages. Page 16 of 24 Form 39 00 08 04 05 BUSINESS UABIUTY COVERAGE FORM Form SS 00 "08 04 06 Page 17 of 24 (6) When You Are Added As An When this Insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of., you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (Z) The total of all deductible and self- added as an additional insured by that Insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess insurance provision and was not o That is other insurance available to an bought specifically to apply In excess of the additional insured. Limits of Insurance shown in the c However, the following provisions Declarations of this Coverage Part. o apply to other insurance available to c. Method Of Sharing a any person or organization who is an If all the other insurance permits c additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach, Ln (a) Primary Insurance When each insurer contributes equal amounts CIO Required By Contract until it has paid its applicable limit of cThis insurance is primary if you insurance or none of the lass remains, 49 have agreed in a written contract, whichever carves first. written agreement or permit that If anyof the other insurance does not permit ® this Insurance be primary. if other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurers share is based on the ratio of its ® by the method described in c. applicable limit of insurance to the total below. applicable limns of insurance of all insurers. ® (b) Primary And Non - Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this . insurance is Supplementary Payments, we have made primary and non - contributory with under this Coverage Part, those rights are the additional insureds own transferred to us_ The Insured must do s® insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not t1� Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waterer Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) ® additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we Insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rigs of recovery against so, but we will be entitled to the insurers such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Form SS 00 "08 04 06 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 2. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Witten Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. Is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organizations) Liability Coverage in this policy, except as shown In the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury.", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part. by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s) or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or In part, by your acts or omissions or does not apply to any "occurrence" which the ads or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing L Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lesson; amended to include as an additional Or Premises insured the person(s) or organization(s) shown In the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured — Owners Or Other Interests From amended to Include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of fee premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following additional exclusions apply: b. With rasped to the insurance afforded to This insurance does not apply to: these additional insureds, the following additional exclusions apply: (1) Any "occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any "occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such person or organization. (2) Structural alterations, new construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision — Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional Insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form 83 00 08 04 06 BUSINESS LIABILITY COVERAGE FORM Fonn SS 00 08 D4 05 Page 19 0124 Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, add, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permiL make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed (1) "Bodily injury", "property damage" or at the vendor's premises in "Personal and advertising injury" connection with the sale of the arising out of operations performed for product; Uo �o the state or municipality; or (g) Products which, after distribution ° (2) "Bodily injury" or "property damage" or sale by you, have been labeled included in the "product- completed or relabeled or used as a c operations" hazard. container, part or ingredient of any T. Additional Insured — Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or °w amended to include as an additional (h) Bodily injury" ,, or "property insured the person(s) or organization(s) damage" arising out of the sole N (referred to below as vendor) shown in the negligence of the vendor for its °o Declarations as an Additional Insured - own acts orpmissions or those of in Vendor, but only with respect to "bodily Its employees or anyone else * Injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (1) The exceptions contained to ® business and only If this Coverage Part Subparagraphs (d) or (f); or ® provides coverage for "bodily injury" or (ii) Such inspections. "property damage" included within the adjustments, tests or servicing e.� "products- completed operations hazard" vendor has agreed is � b. The insurance afforded to the vendor is m e make or normally .undertakes Ems subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, In connection with (a) "Bodily injury" or "properly the distribution or sale of the damage" for which the vendor is products• IBM obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from ® liability in a contract or agreement. whom you have acquired such f� This exclusion does not a to PPly Products, of an y ingredient, part or liability for damages that the container, entering into, am vendor would have in the absence accompanying or containing such SEEN of the contractor agreement; products. m (b) Any express warranty 8. Additional Insured — Controlling Interest WEM unauthorized by you; WHO IS AN INSURED under Section C. is ® (c) Any physical or chemical change amended to, include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor, Declarations as an Additional Insured - OWE (d) Repackaging, unless unpacked Controlling interest, but only with respect to solely for the purpose of inspection, their liability arising out of demonstration, testing, or the a. Their financial control of you; or won of parts under b. Premises they own, maintain or control Instructions from the manubcturer, while you lease or occupy these premises. and then repackaged in the original container, Fonn SS 00 08 D4 05 Page 19 0124 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractor: — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 1. ° Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that Injury'. "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Raclio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine: operations for the . additional insured(s); or (5) Newspaper, (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard ", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: "products - completed operations ". a. The design, printed material, information hazard or images contained in, on or upon the b. With respect o the insurance atfor+ded to p packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property b. An interactive conversation between or daage" or "personal an advertising m among persons through a co network. g ° u8 Injuir arising out of the rendering of, or the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. 'Asbestos hazard" L means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. 'Auto" means a land motor vehicle, trailer or drawings and specifications; or semi- trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment But "auto" does not include 10. Additional Insured — Co-Owner Of Insured "mobib equiamen" Premises 5. "Bodily injurf means physical: WHO IS AN INSURED under Section. C. Is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organlzation(s) shown in the c. Disease Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with sustained by a person arid, 0 arising out of the respect to their liability as co -owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. `Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Form 88 00 08 04 05 Page 21 of 24 a. The United States of America (including its b. You have failed to fuififi the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work"; of travel or transportation between any or places included in a. above; b. Your fulfilling the terms of the contract or c. AN other parts of the world if the injury or agreement. damage arises out of: 12. "Insured contract" means: (1) Goods or products made or sold by you in the territory described in a above; a. A contract for a lease of premises. However, that portion of the contract for a (T) The activities of a person whose home lease of premises that indemnifies any is in the territory described in a, person or organization for damage by fire, ° above, but is away for a short time on lightning or explosion to premises while your business; or rented to you or temporarily occupied by Co (3) "Personal and advertising injury you with permission of the owner is offenses that take place through the subject to the Damage . To Premises a Internet or similar electronic means of Rented To You limit described in Section communication D. — Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. N damages is determined in the United States of b. A sidetrack agreement; 40 America (including its territories and c. Any easement or license agreement, c possessions), Puerto Rica! or Canada, in a including an easement or license "suit" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 a� settlement we agree to. feet of a railroad; 7. "Electronic data" means Information, facts or d. Any obligation; as required by ordinance, r� to indemnify a municipality, except in a Stored as or connection with work for a municipality; b. Created or used on; or e. An elevator maintenance agreement; or ROM c. Transmitted to or from L That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a Now CD -ROMS, tapes, drives; cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another .� equipment party to pay for "bodily injury" or "property 8. "Employee" induces a "leased worker". damage" to a third person or organization, "Employee" does not Include a "temporary provided the "bodily injury" or "property worker". damage" is caused, in whole or in part, by you or by those acting on your behalf. s. "Executive officeP means a person holding Tort liability means a liability that would be ® any of the officer positions created by your imposed by law In the 'absence of any charter, constitution, by -laws or any other contract or agreement. similar governing document Paragraph f. includes that part of any 10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury or °property intended to be. damage" arising out of construction or ® 11. "Impaired property" means tangible property, demolition operations within 50 feet of any ® other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road -beds, tunnel, a. it incorporates your product" or your work" underpass or crossing. that is known or thought to be defective, However, Paragraph L does not include deficient, inadequate or dangerous; or that part of any contract or agreement: Form 88 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, (1) Power cranes, shovels, loaders, engineer or surveyor for injury or diggers or drills; or damage arising out of (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers; drawings, opinions, reports, e. Vehicles not described in a., b., c., or d. surveys, field orders, change above that are not self - propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications; or permanently attached equipment of the (b) Giving directions or instructions, following types: or failing to give them, If that is the (1) Air compressors, pumps and primary cause of the Injury or generators, including spraying, . damage; or welding, building cleaning, (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment; or assumes liability for an Injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or. failure to render f. Vehicles not described in a., b., c., or d. professional services, including those listed in (1) above and supervisory, above maintained primarily for purposes Inspection, architectural or other than the transportation of persons or engineering activities. cargo. 13. "Leased worker" means a person leased to However,. self-propelled vehicles with the you by a labor leasing firm .under an following types of permanently attached agreement between you and the labor leasing equipment are not "mobile equipment" but ": firm, to perform duties related to the conduct of will be considered "autos your business. "Leased worker" does not (1) Equipment, of at least 1,000 pounds include a "temporary worker". grass vehicle weight, designed 14. "Loading or unloading" means the handling of primarily for property: (a) Snow removal; a. After it Is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing; or aircraft, watercraft or "auto "; (c) Street cleaning; b. While it is in or on an aircraft, watercraft or (2) Cherry pickers and similar devices "auto"; or mounted on automobile or truck c. While it Is being moved from an aircraft, chassis and used to raise or lower watercraft or "auto" to the place where it is workers; and finally delivered; (3) Air compressors, pumps and but "loading or.unloadtng" does not include the generators, including spraying, movement of property by mans of a mechanical welding, building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft, watercraft or "auto". well servicing equipment 15. "Mobile equipment" means any of the following 18. "Occurrence" ence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising Injury" means injury, other vehicles designed for use principally including consequential "bodily injury", arising off public roads; out of one or more of the following offenses: b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; next to premises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads; d. Vehicles, whether self - propelled or not, on which are permanently mounted: Page 22 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 23 of 24 c. The wrongful eviction from, wrongful entry Work that may need service, maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor, must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product° for consumption on premises you organization's goods, products or services; own or rent. e. Oral, written or electronic publication of b. Does not include "bodily injury" or ,o material that violates a person's right of "property damage" arising out of: o privAcy; (1) The transportation of property, unless c f. Copying, in your "advertisement ", a the injury or damage arises out of a person's or organization's "advertising condition in or on a vehicle not owned .., idea" or style of "advertisement "; or operated by you, and that condition g. Infringement of copyright, slogan, or title of was created by the "loading or m any literary or artistic work, in your unloading" of that vehicle by any "advertisement "; or insured; or C) N h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled N injury to the feelings or reputation of a equipment or abandoned or unused o natural person. materials. in 18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage" means: ° thermal Irritant or contarn inaK including smoke, a. Physical injury to tangible property, i� vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that waste. Waste includes materials to be recycled, property. All such loss of use shall be reconditioned or reclaimed. deemed to occur at the time of the 18. "Products - completed operations hazard"; physical injury that caused a; or a. includes all "bodily injury" and "property b. Loss of use of tangible property that is not damage" occurring away from premises physically injured. All such loss of use ® you own or rent and arising out of "your shat) be deemed to occur at the time of ® product" or "your worts" except: "occurrence" that ;caused it. ® (1) Products that are still in your physical As used in this definition, "electronic data" Is possession; or not tangible property. (2) Work that has not yet been completed 21. "Suit" means a evil proceeding in which ram or abandoned. However, "your work" damages bechuse of "bodily injury", "property will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times: to which this insurance applies are alleged. til® IM (a) an all of the work called for in "Suit" includes: your contract has been completed. a. An arbitration proceeding in which such (b) When all of the work to be done at damages are claimed and to which the the job site has been completed if Insured must submit or does submit with your contract calls for work at our consent; or more than one job site. b. Any other alternative dispute resolution (c) When that part of the work done at proceeding in which such damages are No a job site has been put to its claimed and to.which the insured submits rs intended use by any person or with our consent. organization other than another 22. Temporary worker' means a person who is contractor or subcontractor furnished to you to substitute for a permanent — working on the same project. "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker' means a person who: a. Is not your "employee "; Form SS 00 08 04 05 Page 23 of 24 BUSINESS UABILITY COVERAGE FORM b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions. scope of duties determined by you; and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work ": 24. "Your,product": a. Means: a. Means: (1) Work or operations performed by you (1) Any goods or products, other than real or on your behalf; and property, manufactured, sold, handled, (2) Materials, parts or equipment distributed or disposed of by: furnished in connection with such work (a) You; or operations. (b) Others trading under your name; b. Includes: or (1) Warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired; and of "your work "; and (2) Containers (other than vehicles), (2) The providing of or failure to provide materials, parts or equipment warnings or instructions. furnished In connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your product"; and Page 24 of 24 Form 38 00 08 04 06 n THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS' COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS Policy Number: 57 WEC NU9666 Endorsement Number: Effective Date: 04/24/15 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: MINTIER HARNISH LP 1415 20TH ST SACRAMENTO, CA 95811 Section I of this endorsement expands coverage provided under WC 00 00 00. Section II of this endorsement provides additional coverage usually only provided by endorsement. Section III of this endorsement is a Schedule of Covered States.. You may use the index to locate these coverage features quickly: SUBJECT PAGE SUBJECT PAGE SECTION 1 2 B. Part One Does Not Apply 3 PARTS ONE and TWO 2 C. Application of Coverage 3 01 We Will Also Pay 2 D. Additional Exclusions 3 PART-THREE 2 E. West Virginia 3 02 How This Insurance Works 2 EXTENDED OPTIONS 4 PART - SIX 2 01 Employers' Liability Insurance 4 03 Transfer of Your Rights and Duties 2 02 Unintentional Failure to Disclose 4 04 Liberalization 2 Hazards SECTION II 2 03 Waiver of Our Right to Recover from 4 VOLUNTARY COMPENSATION INSURANCE 2 Others 05 Voluntary Compensation Insurance 04 Foreign Voluntary Compensation 4 A. How This Insurance Applies 2 A. How This Reimbursement Applies 4 B. We Will Pay 2 B. We Will Reimburse 4 C. Exclusions 3 C. Exclusions 4 D. Before We Pay 3 D. Before We Pay 5 E. Recovery From Others 3 E. Recovery From Others 5 F. Employers' Liability Insurance 3 F. Reimbursement For Actual Loss 5 EMPLOYERS' UABILITY STOP GAP 3 Sustained ENDORSEMENT 3 G. Repatriation. 5 06 Employers' Liability Stop Gap H. Endemic Disease 5 Coverage 3 05 Longshore and Harbor Workers' 5 A. Stop Gap Coverage Limited to Compensation Act Coverage Montana, North Dakota, Ohio, 3 Endorsement Washington, West Virginia and SECTION 111 6 Wyoming 01 Schedule of Covered States 6 Form WC 99 0303 B Printed in U.S.A. (Ed. 8100) Page 1 of 6 Process Date: 03/07/15 `. Policy Expiration Date: 04/24/16 0 2000, The Hartford SECTION 1 PARTS ONE and TWO PART THREE 1. WE WILL ALSO PAY 2. How This Insurance Applies D. We Will Also Pay of Part One (WORKERS' COMPENSATION INSURANCE); and E. We Will Also Pay of Part Two (EMPLOYERS' LIABILITY INSURANCE) is replaced by the following: We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding, or suit we defend: I. reasonable expenses incurred at our request, INCLUDING loss of earnings; 2. premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance; 3. litigation costs taxed against you; 4. interest on a judgment as required by law until we offer the amount due under this law; and 5. expenses we incur. Paragraph 4. of A. How This Insurance Applies of Part 3 (Other States Insurance) is replaced by the following: 4. If you have work on the effective date of this policy in any state not listed in Item 3.A. of the Information Page, coverage will not be afforded for that, state unless we are notified within sixty days. PART SIX 3. Transfer Of Your Rights and Duties C. Transfer Of Your Rights and Duties of Part 6 (Conditions) is replaced by the following: Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within sixty days after your death, we will cover your legal representative as insured. 4. Liberalization SECTION II VOLUNTARY COMPENSATION AND EMPLOYERS' LIABILITY COVERAGE 5. Voluntary Compensation Insurance A. How This Insurance Applies This insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must be sustained by any 'officer or employee not subject to the workers' compensation law of any state shown in Item 3.A. of the Information Page. 2. The bodily injury must arise out of and in the course of employment or incidental to work in a state shown in Item 3.A. of the Information Page. If we adopt a change in this form that would broaden the coverage of this form without extra charge, the broader coverage will apply to this policy. It will apply when the change becomes effective in your state. 3. The bodily injury must occur in the United States of America, its territories or possessions, or Canada, and may occur elsewhere if the employee is a United States or Canadian citizen, or otherwise legal resident, and legally employed, in the United States or Canada and temporarily away from those places. 4. Bodily injury by accident must occur during the policy period. 5. Bodily injury by disease must be caused or aggravated by the conditions of the Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 2 of 6 officer's or employee's employment. The officer's or employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. B. We Will Pay We will pay an amount equal to the benefits that would be required of you as if you and your employees were subject to the workers' compensation law of any state shown in Item 3.A, of the Information Page. We will pay those amounts to the persons, who would be entitled to them under the law. C. Exclusion This insurance does not cover: 1. any obligation imposed by workers' compensation or occupational disease law or any similar law. 2. bodily injury intentionally caused or aggravated by you. 3. officers or employees who have elected not to be subject to the state workers' compensation law. 4. partners or sole proprietors not covered under the Standard . Sole Proprietors, Partners, Officers and Others Coverage Endorsement. D. Before We Pay Before we pay benefits to the persons entitled to them, they must: 1. Release you and us, in writing, of all responsibility for the injury or death. 2. Transfer to us their right to recover from others who may be responsible for the injury or-death. 3. Cooperate with us and do everything necessary to enable us to enforce the right to recover from others. If the persons entitled to the benefits of this insurance fail to do those things, our duty to pay ends at once. If they claim damages from you or from us for the injury or death, our duty to pay ends at once. E. Recovery From Others If we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we paid. We will pay the balance to the persons entitled to it. If the persons entitled to the benefits of this insurance make a recovery from others, they must reimburse us for the benefits we paid them. F. Employers' Liability Insurance Part Two (Employers' Liability Insurance) applies to bodily injury covered by this endorsement as though the State of Employment was shown in Item 3.A. of the Information Page. This provision 5. does not apply in New Jersey or Wisconsin. EMPLOYERS' LIABILITY STOP GAP COVERAGE 6. Employers' Liability Stop Gap Coverage A. This coverage only applies in Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming. B. Part One (Workers' Compensation Insurance) does not apply to work in states shown in Paragraph A above. C. Part Two (Employers' Liability Insurance) applies in the states, shown in Paragraph A., as though they were shown in Item 3.A. of the Information Page. D. Part Two, Section C. Exclusions is changed by adding these exclusions. This insurance does not cover; 5. bodily injury intentionally caused or aggravated by you or in Ohio bodily injury resulting from an act which is determined by an Ohio court of law to have been committed by you with the belief than an injury is substantially certain to occur. However, the cost of defending such claims or suits in Ohio is covered. 13. bodily injury sustained by any member of the flying crew of any aircraft. 14, any claim for bodily injury with respect to which you are deprived of any defense or defenses or are otherwise subject to penalty because of default . in premium under the provisions of the workers' compensation law or laws of a state shown in Paragraph A. E. This insurance applies to damages for which you are liable under West Virginia Code Annot. S23-4-2. Form WC 99 03 03 B Printed in U.S.A. -(Ed. 8100) Page 3 of 6 EXTENDED OPTIONS 1. Employers' Liability Insurance Item 3.B. of the Information Page is replaced by the following: B. . Employers' Liability Insurance:. 1. Part Two of the policy applies to work in each state listed in Item 3.A. The Limits of Liability under Part Two are the higher of Bodily Injury by Accident $500,000 Each Accident Bodily Injury by Disease $500,000 Policy Limit Bodily Injury by Disease $500,000 Each Employee OR 2. The amount shown in the Information Page. This provision 1 of EXTENDED OPTIONS does not apply in New York because the Limits Of Our Liability are unlimited. In this provision the limits are changed from $500,000 to $1,000,000 in California. 2. Unintentional Failure to Disclose Hazards If you unintentionally should fail to disclose all existing hazards at the inception date of your policy, we shall not deny coverage under this policy because of such failure. 3. Waiver of Our Right To Recover From Others A. 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 any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. B. This provision 3. does not apply in the states of Pennsylvania and Utah. 4. Foreign Voluntary Compensation and Employers' Liability Reimbursement A. How This Reimbursement Applies This reimbursement provision applies to bodily injury by accident or bodily injury by disease_ Bodily injury includes resulting death. 1. The bodily injury must be sustained by an officer or employee. 2. The bodily injury must occur in the course of employment necessary or incidental to work in a country not listed in Exclusion C.I. of this provision. 3. Bodily injury by accident must occur during the policy period. 4. Bodily injury by disease must be caused or aggravated by the conditions of your employment The officer or employee's last exposure to those conditions of your employment must occur during the policy period. B. We Will Reimburse We will reimburse you for all amounts paid by you whether such amounts are: 1. voluntary payments for the benefits that would be required of you if you and your officers or employees were subject to any workers' compensation law of the state of hire of the 'individual employee. 2. sums to which Part Two (Employers' Liability Insurance) would apply if the Country of Employment were shown in Item 3.A. of the Information Page. C. Exclusions This insurance does not cover: 1. any occurrences in the United States, Canada, and any country or jurisdiction which is the subject of trade or economic sanctions imposed by the laws or regulations of the United States of America in effect as of the inception date of this policy. 2. any obligation imposed by a workers' compensation or occupational disease law, or similar law. 3. bodily injury intentionally caused or aggravated by you. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8 /00) Page 4 of 6 4. liability for any consequence, whether direct or indirect, of war, invasion, act of Foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power. No endorsement now or subsequently attached to this policy shall be construed as overriding or waiving this limitation unless specific reference is made thereto. D. Before We Pay Before we reimburse you for the benefits to the persons entitled to them, you must have them: 1. release you and us, in writing, of all responsibility for the injury or death, 2. transfer to us their right to recover from others who may be responsible for ,their injury or death, 3. cooperate with us and do everything necessary to enable us to enforce the right to recover from others. If the persons entitled to the benefits paid fail to do these things, our duty to reimburse ends at once. If they claim damages from us for the injury or death, our duty to reimburse ends at once. E. Recovery From Others If we make a recovery from others, we will .keep an amount equal to our expenses of recovery and the benefits we reimbursed. We will pay the balance to the persons entitled to it. If persons entitled to the benefits make a recovery from others, they must repay us for the amounts that we have reimbursed you. F. Reimbursement for Actual Loss Sustained This endorsement provides only for reimbursement for the loss you actually sustain. In order for you to recover loss or expenses under this reimbursement you must: 1. actually sustain and pay the loss or expense in money after trial, or 2. secure our consent for the payment of the loss or expense. G. Repatriation Our reimbursement includes the additional expenses of repatriation to the United States of America necessarily incurred as a direct result of bodily injury. Our reimbursement shall be limited as follows: 1. to the amount by which such expenses exceed the normal cost of returning the officer or employee if in good health, or 2. in the event of death, to the amount by which such expenses exceed the normal cost of returning the officer or employee if alive and in good health. In no event shall our reimbursement exceed the bodily injury by accident limit shown in Item 3.6. of the Information Page as respects any one such officer or employee whether dead or alive. H. Endemic Disease The word "disease" includes any endemic diseases. The coverage applies as if endemic diseases were included in the provisions of the workers' compensation law. 5. Longshore and Harbor Workers' Compensation Act Coverage General Section C. Workers' Compensation Law is replaced by the following: C. Workers' Compensation Law Workers' Compensation Law means the workers or workers' compensation law and occupational disease law of each state or territory named in Item 3.A. of the Information Page and the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901- 950). It includes any amendments to those laws that are in effect during the policy period. It does not include any other federal workers or workers' compensation law, other federal occupational disease law or the provisions of any law that provide nonoccupational disability benefits. Part Two (Employers' Liability Insurance), C. Exclusions, exclusion 8, does not apply to work subject to the Longshore and Harbor Workers' Compensation Act. This coverage does not apply to work subject to the Defense Base Act, the Outer Continental Shelf Lands Act, or the Nonappropriated Fund Instrumentalities Act. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8 /00) Page 5 of 6 SECTION III 1. SCHEDULE OF COVERED STATES A. This endorsement only applies in the states listed in this Schedule of Covered States. C. Schedule of Covered States: CA Countersigned by B. If a state, shown in Item 3.A. of the Information Page, approves this endorsement after the effective date of this policy, this endorsement will apply to this policy. The coverage will apply in the new state on the effective date of the state approval. Authorized Representative Form WC 99 03 03 B Printed in U.S.A. (Ed. 8100) Page 6 of 6