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TRB and Associates - Insurance Certificate (2018)TRRAN -1 OP ID- KR 7 14C CERTIFICATE OF LIABILITY INSURANCE �� DATE 0310 212 01 YY) 03/02/2018 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 858 -487 -3737 Nickie Heath Insurance Agency 16855 W. Bernardo Dr, Ste 230 San Diego, CA 92127 Nickie Heath TACT Krissy A Bresnahan NE: PHONE 858 -487 -3737 FAX 858 -487 -3730 (A/C, No, Ext): (A/C, No): A URLE S S: krissy @nickieheath.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:Valley Forge Insurance Co(CNA) 20508 INSUREDTRB And Associates INSURER B: Employers Preferred Ins. Co. 10346 3180 Crow Canyon PI., Ste 216 San Ramon, CA 94583 INSURER C National Union Fire Insurance 137540 19445 INSURER D:Ohio Security Insurance Comp. 24082 INSURER E:Beazley Insurance Company $ 10,000 INSURER F: rnVFRAr;FS CFRTIFICATF NLIMRFR- REVISION NUMRFR- 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 ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR y 2097186534 11/10/2017 11/10/2018 EACH OCCURRENCE $ 2,000,000 DAMAGETORENCED Ce MSES $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECT LOC GENERAL AGGREGATE $ - 4,000,000 PRODUCTS - COMP /OPAGG $ 4,000'000 $ OTHER: D AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea acci $ 1 000 000 BODILY INJURY Per person) $ X ANY AUTO BAS57021999 11/18/2017 11/18/2018 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident S PROPERTY DAMAGE Per accident $ H RED NON -OWNED A!JTOS ONLY AUTOS ONLY C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000'000 X AGGREGATE $ 2'000'000 EXCESS LIAB CLAIMS -MADE EBU017518921 11/1012017 11/10/2018 DED I X I RETENTION $ 0 $ B WORKERS COMPENSATION X PER OTH- ANDEMPLOYERS' LIABILITY YIN ANY FIC/MEMER EXCLUD, PROPRIETOR/PARTNER/EXECUTIVE ❑ (Mandatory in NH) NIA EIG1400371 -06 11/10/2017 11/10/2018 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1'000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E Prof Liab V1121B170701 11/10/2017 11/10/2018 Per Claim 1,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Consulting Services. The City of Gilroy, its officers, officials and employees are named as additional insured perform SB300176D 06/16. Retroactive date for professionali liability is 11/10106, retention is $25,000. 30 days notice of cancellation is provided with 10 days notice for non - payment of premium. RFRTIFICATF Hill r1FR CANCFI I ATION ACORD 25 (2016/03) ©1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Gilroy, its officers officials and employees 7351 Rosanna Street Gilroy, CA 95020�1r7�141(�L AUTHORIZED REPRESENTATIVE -^ ACORD 25 (2016/03) ©1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD N GCSN EI THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS LIABILITY EXTENSION WITH OFFICE POLLUTION LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS SCHEDULE OF LIMITS FOR OFFICE PREMISES LIMITED POLLUTION LIABILITY COVERAGE SB300176D (Ed. 6 -16) Each Pollution Incident Limit 1$2,000,000 Pollution Liability Aggregate Limit 1$4,000,000 (If no entries appear in the above Schedule, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) TABLE OF ENDORSEMENT CONTENTS Item ff Topic Name Changes to Section A. Coverages 1. Enhanced Supplementary Payments Changes to Section B. Exclusions 2. Extended Property Damage Coverage 3. Contractual Liability for Personal and Advertising Injury 4. Owned Workboats and Non -owned Watercraft 6. Legal Liability —Damage to Premises/ Alienated Premises 6. Personal and Advertising Injury— Discrimination or Humiliation 7. Property Damage - Elevators Changes to Section C. Who Is An Insured 8. Extended Coverage For Newly Acquire/Formed Organizations 9. Additional Insureds: State or Political Subdivisions — Permits, State or Political Subdivisions, Controlling Interest, Managers or Lessors of Premises, Mortgagee, Assignee or Receiver, Co -owner of Insured Premises, Lessor of Equipment, Lessor of Land, Trade Show Event Lessor, Engineers, Architects or Surveyors Engaged By You 10. Fellow Employee First Aid 11. Retired Partners, Members, Directors, and Employees 12. Participation in Professional Joint Ventures or in Terminated Joint Ventures, Partnerships or LLCs 13. Blanket Additional Insured with Products - Completed Operations Coverage Additional Insured — Extended Coverage Estates, Representatives and Spouses Blanket Waiver of Subrogation Changes to Section D. Liability and Medical Expenses Limits of Insurance 14. General Aggregate Limit of Insurance — Per Location SB300176D (6 -16) Page 1 of 16 Copyright, CNA All Rights Reserved. -1, l Changes to Section E. Businessowners Liability Conditions 15. Broad Knowledge / Notice of Occurrence Changes to Section F. Liability And Medical Expenses Definitions 16. Extended Bodily Injury 17. Contractual Liability — Railroads Additional Insuring Agreements 10. Office Premises - Limited Pollution Liability Coverage 1. Enhanced Supplementary Payments SB300176D (Ed. 6 -16) The values shown in paragraph i.f., Coverage Extension — Supplementary Payments, of Section A. Coverages are amended as follows: A. The amount shown in paragraph (b) for bail bonds is amended from $1,000 to $5,000. B. The amount shown in paragraph (d) for actual loss of earnings because of time off work is amended from $250. per day to $1,000. per day. 2. Extended Property Damage Exclusion 1.a., Expected or Intended Injury, of Section B. Exclusions Applicable to Business Liability Coverage, is deleted and replaced with the following: This insurance does not apply to: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to 'bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 3. Contractual Liability for Personal and Advertising Injury Exclusion i.p.(5) of Section B. Exclusions Applicable to Business Liability Coverage, is deleted. 4. Owned Workboats and Non -owned Watercraft Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to make the following changes to the exclusion entitled Aircraft, Auto or Watercraft: a. Add the following additional exception to the exclusion: This exclusion does not apply to; • Any watercraft owned by you that is less than 30 feet long while being used in the course of your inspection or surveying work. b. Delete exception (3) and replace it with the following: This exclusion does not apply to: (3) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge. 5. Legal Liability —Damage to Premises /Alienated Premises A. Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to delete the first two exception statements beneath the exclusion entitled Damage to Property and replace them with the following: SB300176D (6 -16) Page 2 of 16 Copyright, CNA All Rights Reserved. SB300176D (Ed. 6 -16) Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage' (other than damage by fire or explosion) to premises rented to you or temporarily occupied by you with the permission of the owner, nor to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Liability And Medical Expenses Limits of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work." B. Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to delete the unnumbered exception statement beneath exclusion p., and replace it with the following: Exclusions c. through I. and k. through o. do not apply to damage by fire or explosion to premises while rented to you or temporarily occupied by you with permission of the owner, nor to damage to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Liability And Medical Expenses Limits of Insurance. 6. Personal and Advertising Injury — Discrimination or Humiliation A. Under Liability And Medical Expenses Definitions, the definition of Personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to make the following changes to the exclusion entitled Personal And Advertising Injury to: 1. Delete its subparagraph (1) and replace it with the following: This insurance does not apply to: 'Personal and advertising injury (1) Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury." This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) You; or (b) Any of your "executive officers ", directors, stockholders, partners or member or (if you are a limited liability company) your managers. 2. Add the following new exclusions: This insurance does not apply to: N Employment Related Discrimination °s • Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. • Premises Related Discrimination Discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this Personal and Advertising Injury — Discrimination or Humiliation provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. SB300176D (6 -16) Page 3 of 16 Copyright, CNA All Rights Reserved. 7. Property Damage — Elevators SB300176D (Ed. 6 -16) Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage Is amended to add the following additional exception statement beneath the exclusion entitled Damage to Property: Paragraphs (3), (4), and (6) of this exclusion do not apply to "property damage" that results from the use of elevators. 0. Extended Coverage For {Newly Acquire/Formed Organizations Who Is An Insured is amended to delete Paragraph 4.a.. 9. Additional Insureds Section C. Who Is An Insured is amended to include the following additional insureds, subject to the provisions stated below: A. State or Political Subdivisions — Permits 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. 2. This insurance does not apply to: a. "Bodily injury," 'property damage," "personal and advertising injury' arising out of operations performed for the state or municipality; or b. 'Bodily injury" or "property damage" included within the "products- competed operations hazard." B. State or Political Subdivisions A state or political subdivision subject to the following provisions: 1. This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this Insurance applies: a. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. The construction, erection, or removal of elevators. 2. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply to "bodily injury," "property damage" or personal and advertising injury" arising out of operations performed for the state or municipality. C. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: 1. Their financial control of you; 2. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. D. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. SB300176D (6 -16) Page 4 of 16 Copyright, CNA All Rights Reserved. N A E. Mortgagee, Assignee or Fleceiver SB300176D (Ed. 6 -16) A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. F. Co -owner of Insured Premises A co -owner of a premises co -owned by you and covered under this insurance but only with respect to the co- owners liability as co -owner of such premises. G. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are Insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded, these additional insureds, the following additional exclusions apply: This insurance does not apply: 1. To any "occurrence" which takes place after the equipment lease expires; or 2. To "bodily injury," 'property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs A. through G. above does not apply to "bodily injury" or "property damage" included within the "products- completed- operations hazard." H. Lessor of Land Any person or organization from whom you lease land, but only with respect to liability for "bodily injury "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such land, provided that the "occurrence" giving rise to such "bodily injury" or "property damage ", or the offense giving rise to such 'personal and advertising injury" takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, or on behalf of, such additional insured. I. Trade Show Event Lessor 1. With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom you are required to include as an additional insured, but only with respect to such person or organization's liability for 'bodily injury', "property damage' or "personal and advertising injury caused by: a. Your acts or omissions; or g b. Acts or omissions of those acting on your behalf; In the performance of your ongoing operations at a trade show event premises during the trade show event. 2. The coverage provided by this provision does not apply to "bodily injury" or "property damage" included within the "products- completed operations hazard." J. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused In whole or in part by your acts or omissions, or the acts or omissions of others acting on your behalf: a. In connection with your premises; or b. In the performance of your ongoing operations. SB300176D (6 -16) Page 5 of 16 Copyright, CNA All Rights Reserved. opiM1111 SB300176D (Ed. 6 -16) But the coverage hereby granted to such additional insureds does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional services by you or on your behalf, including but not limited to: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or 2. Supervisory, Inspection, architectural or engineering activities. 10. Fellow Employee First Aid Paragraph 2.a.(1)(d) of Section C. Who Is An Insured is deleted and replaced with the following: However none of these "employees" is an insured for: (d) "Bodily injury" or "personal and advertising injury" arising out of his or her providing or failing to provide professional health care services. However this restriction does not apply to first aid administered by an "employee" who is not an employed doctor or nurse. 11. Retired Partners, Members, Directors, and Employees Paragraph 2. of Section C. Who Is An Insured is amended to include the following as insureds: Individual persons who are retired partners, members, directors or employees are also insureds, but only for "bodily injury," "property damage," "personal and advertising injury" that results from services performed for you under your direct supervision. All limitations that apply to "employees" and "volunteer workers" also apply to anyone qualifying as an insured under this provision. 12. Participation in Professional Joint Ventures A. The following paragraph 5. is added to Section C. Who Is An Insured: 5. You are also an insured for your participation in a past or present joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria: a. Each and every one of your co- venturers are architectural, engineering or surveying firms; b. The joint venture has no direct employees; and c. The joint venture does not own, rent or lease any real or personal property. However, you are insured only for the conduct of your business within such a joint venture. You are not insured for liability arising out of the acts or omissions of other co- venturers, nor of their partners, members or employees. This insurance is excess over any other insurance available to such a joint venture, whether primary, excess, contingent, or on any other basis. B. The last paragraph of Section C. Who Is An Insured is deleted and replaced by the following: Except as provided in 5. above, 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, 13. Blanket Additional Insured with Products - Completed Operations Coverage and Blanket Waiver of Subrogation A. Who Is An Insured Is amended to include as an insured, any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement, but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the: a. "Bodily injury" or "property damage "; or b. Offense that caused the 'personal and advertising injury;" for which the additional insured seeks coverage. SB300176D (6 -16) Page 6 of 16 Copyright, CNA All Rights Reserved. SB300176D (Ed. 6 -16) 0. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured only with respect to such person or organization's liability for: a. "Bodily injury", "property damage" or "personal and advertising injury to the extent caused by: (1) Your acts or omissions; or (2) Acts or omissions of those acting on your behalf; in the performance of your ongoing operations specified in the written contract; or b. "Bodily injury" or "property damage" to the extent caused by "your work" specified In the written contract or written agreement and included in the "products- completed operations hazard but only if: (1) The written contract or written agreement requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations, 3. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services, including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as a construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 4. This insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of construction or demolition work while you are acting as a construction or demolition contractor. C. Under Businessowners Liability Conditions, the condition entitled Duties in the Event of Occurrence, Offense, Claim or Suit is amended to add the following: An additional insured under this policy will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; 2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; 3. Except as provided for in paragraph D.2. below: a. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and b. Agree to make available any other insurance which the additional insured has for a loss we cover under this coverage part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3., and replace them with the following: 2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis. But if required by the written contract or written agreement, this SB300176D (6 -16) Page 7 of 16 Copyright, CNA All Rights Reserved. �7 S8300176D (Ed. 6 -16) insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any 'suit" if any other insurer has a duty to defend the additional insured against that 'suit" if no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part, E. Additional Insured — Extended Coverage When an additional insured is added by this or any other endorsement attached to this Coverage Part, Who Is An Insured is amended to make the following natural persons insureds. If the additional insured is: a. An individual, then his or her spouse is an Insured; b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company, then its members and managers are insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are additional insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the Estates, Legal Representatives and Spouses provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person insureds. F. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. G. Blanket Waiver of Subrogation The condition entitled Transfer of Rights of Recovery Against Others To Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraph 2. and replace it with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products- completed operations hazard." SB300176D (6 -16) Page 8 of 16 Copyright, CNA All Rights Reserved. 0h;IA 14. Amendment- Aggregate Limits of Insurance (Per Project) SB300176D (Ed. 6 -16) A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Coverage A.1., and for all medical expenses caused by accidents under Coverage A.2., which can be attributed only to ongoing operations at a single construction project: 1. A separate Construction Project General Aggregate limit applies to each construction project. The Construction Project General Aggregate limit is equal to the amount of the General Aggregate limit shown in the Declarations. 2. The Construction Project General Aggregate limit is the most we will pay for the sum of all damages payable under Coverage A.1., except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard," and for medical expenses payable under Coverage A.2. regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits," 3. Any payments made under Coverage A.I. for damages or under Coverage A.2. for medical expenses shall reduce the Construction Project General Aggregate limit for the applicable construction project. Such payments shall not reduce the General Aggregate limit shown in the Declarations nor shall they reduce any Construction Project General Aggregate limit applicable to other construction projects. 4. The limits shown in the Declarations for Liability and Medical Expenses, Damage to Premises Rented to You, and Medical Expenses continue to apply. However, instead of being subject to the General Aggregate limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate limit. Q. All: 1. Damages because of "personal and advertising injury", regardless of the number of construction projects involved; 2. Damages under Coverage A.1. which cannot be attributed solely to ongoing operations at a single construction project, except damages because of "bodily injury" or "property damage" included in the .products- completed operations hazard "; and 3. Medical expenses under Coverage A.2. caused by accidents which cannot be attributed solely to ongoing operations at a single construction project; will reduce the General Aggregate Limit shown in the Declarations, and shall not reduce any Construction Project General Aggregate Limit. m C. When coverage for liability arising out of the "products- completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" Included in the "products- completed operations N hazard" will reduce the Products /Completed Operations Aggregate limit, and not reduce the General Aggregate limit nor any Construction Project General Aggregate limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of the Limits Of Insurance section not otherwise modified by this endorsement shall continue to apply as stipulated. SB300176D (6 -16) Page 9 of 16 Copyright, CNA All Rights Reserved. Pil 15. Broad Knowledge / Notice of Occurrence SB300176D (Ed. 6 -16) Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE You must give us or our authorized representative notice of an "occurrence ", offense, claim or 'suit" only when the "occurrence ", offense, claim or "suit" is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an 'employee" designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence ", offense, claim or "suit ", and that failure is solely due to your reasonable belief that the "bodily Injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of such "occurrence ", offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence ", offense, claim or "suit." 16. Extended Bodily Injury Under Liability And Medical Expenses Definitions, the definition of 'Bodily injury," is deleted and replaced with the following: "Bodily Injury" means physical injury, sickness or disease sustained by a person, Including death, humiliation, shock, mental injury or mental anguish sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 17. Contractual Liability — Railroads Under Liability And Medical Expenses Definitions, and with respect only to operations performed within 60 feet of railroad property, the definition of "insured contract" is deleted and replaced by the following: "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract "; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury' or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law In the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: a. Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. (2) Under which the Insured, If an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the Insured's rendering or failure to render professional services, Including those listed in paragraph (1) above and supervisory, inspection, architectural or engineering activities. SB300176D (6 -16) Page 10 of 16 Copyright, CNA All Rights Reserved. r?k 10. Office Premises Limited Pollution Coverage SB300176D (Ed. 6 -16) This Office Premises Limited Pollution Coverage section of the Architects, Engineers and Surveyors Extension endorsement modifies several portions of the Businessowners Liability Coverage Form. These modifications apply only to the coverage provided by this section of the endorsement. A. The following paragraph 3. is added to SECTION A. COVERAGES: 3. Office Premises Limited Pollution Coverage a. Insuring Agreement (1) We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage' which directly results from a covered "pollution incident" to which this Insurance applies, We will have the right and duty to defend any "suit' seeking those damages, even if any allegations of the "suit" are groundless, false or fraudulent, We may at our discretion investigate any "pollution incident' and settle any claim or "suit' that may result. But: (a) The amount we will pay for damages is limited as described in SECTION D. Liability And Medical Expenses Limits Of Insurance as amended by this endorsement; and (b) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements. (c) We have no duty to defend "suits" seeking damages not covered by this endorsement. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under paragraph i.e. Coverage Extension — Supplementary Payments of SECTION A. as amended by this section of the endorsement. (2) We will also reimburse you for "preventive remedial expense' that directly results from a covered "pollution incident' to which this insurance applies. We will reimburse you up to $25,000 per annual policy period for all "preventive remedial expense" directly resulting from all covered "pollution incidents," subject to a deductible of $5,000 per covered "pollution incident." This annual limit is in addition to the per incident deductible, and is in addition to the Pollution Liability Aggregate Limit described in SECTION D. Liability And Medical Expenses Limits Of Insurance as amended by this endorsement. This "preventive remedial expense" coverage does not apply to expenses that are covered by any other insurance available to the insured, (3) This insurance applies to "bodily injury," 'property damage" or "preventive remedial expense" at, on or from "your office premises" only it: (a) The "bodily injury" directly results from a "pollution incident' that happens entirely above - ground at or from "your office premises "; or (b) The "property damage" occurs off of "your office premises" and directly results from a "pollution Incident' that happens entirely above - ground at or from "your office premises "; or (c) The "preventive remedial expense" directly results from a 'pollution incident' that happens entirely above - ground on "your office premises" and does not result in any covered "bodily injury" or "property damage; and SB300176D (6 -16) Page 11 of 16 (d) The "pollution incident': (i) is demonstrable as commencing and ending within 72 hours; (ii) is accidental; (iii) "commences during the policy period "; and (iv) happens in the 'coverage territory." Copyright, CNA All Rights Reserved. opshA S6300176D (Ed. 6 -16) (4) Commences during the "policy period" means that the first emission, discharge, release or escape of the "pollutant" or "pollutants" from which the "bodily injury" or "property damage" arises is demonstrable as having occurred during this policy period. (5) All "bodily injury' or 'property damage" resulting from one 'pollution incident" shall be deemed to have occurred only at the commencement date of the covered "pollution incident." (6) The insured's responsibility to pay damages because of "bodily injury" or "property damage" must be determined in a "suit" on the merits in the 'coverage territory" or in a settlement we agree to. (7) Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services, or death resulting from the "bodily injury." B. SECTION B. EXCLUSIONS is deleted and replaced by the following: This insurance does not apply to: a. 'Bodily injury," 'property damage" or "preventive remedial expense" expected or reasonably foreseeable from the standpoint of the insured. b. "Bodily Injury," "property damage" or "preventive remedial expense" arising out of a "pollution incident" which is a repeat or resumption of a previous "pollution incident" involving the same pollutant from essentially the same source within the previous twelve (12) months, at the same premises. c. "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. d. Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. 'Bodily injury" to: (1) An employee of the insured arising out of and in the course of: (i) employment by the insured; or (fi) performing duties related to the conduct of the insured's business. (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. f. 'Property damage" to (1) A "waste facility" to which waste from the operations of an insured is consigned; (2) Property you own, rent, or occupy now or at any time in the past; (3) Premises you sell, give away or abandon, if the 'property damage" arises out of any part of those premises; (4) Property loaned to an insured; or (5) Personal property in care, custody or control of an insured. Paragraph (2) of this exclusion f. does not apply to "preventive remedial expense" at property you own, rent or occupy now. g. 'Bodily injury" at or from a "waste facility" to which waste from the operation of an Insured is consigned. h. 'Bodily Injury," 'property damage" or "preventive remedial expense" arising out of a "pollution incident" at or from a "waste facility" which is on "your office premises.' SB300176D (6 -16) Page 12 of 16 Copyright, CNA All Rights Reserved. /� SB300176D 0/6 Nk (Ed. 6 -16) I. "Bodily injury" or "property damage" included within the 'products- completed operations hazard." j. "Bodily injury" or "property damage" arising out of the ownership or operation of any offshore facility as defined in the Outer Continental Shelf Lands Act Amendment of 1978 or the Clean Water Act of 1977 as amended 1978 or any deepwater port as defined in the Deepwater Port Act of 1974 as amended or as may be amended. It. "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a hostile fire at any premises, site or location which is or was at any time owned or occupied by or rented or loaned to any insured. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. 'Bodily Injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto,' rolling stock or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading." This exclusion does not apply to "bodily injury" or "property damage" arising out of 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. m. 'Bodily injury" or "property damage" arising out of the emission, discharge, release or escape of drilling fluid, oil, gas or other fluids from any oil, gas, mineral, water or geothermal well. n. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution incident" which results from or is directly or indirectly attributable to failure to comply with any applicable statute, regulation, ordinance, directive or order relating to the protection of the environment and promulgated by any governmental body, provided that failure to comply is a willful or deliberate act or omission of: (1) The insured; or (2) You or any of your members, partners, executive officers or managers of limited liability companies. o. 'Bodily injury," "property damage" or "preventive remedial expense" arising out of acid rain. p. Any loss, cost or expense arising out of any request, demand or order by a governmental authority that any insured or others test for, monitor, clean -up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants" at any site which Is included on an EPA or state environmental agency priority clean -up list prior to the "pollution incident." q. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution incident" which results from failure of air or waste water pollution control equipment. r. 'Bodily injury," "property damage" or "preventive remedial expense' resulting from the "hazardous properties" of "nuclear material.' As used in this exclusion: 'Hazardous properties" includes radioactive, toxic, or explosive properties; N 'Nuclear material" means "source material," "special nuclear material," or "by- product material'; "Source material," "special nuclear material," and "by- product material" have the meanings given them in the Atomic Energy Act of 1954, or in any law amendatory thereof. s. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution incident" from any insured's premises that was used by that insured for the storage, disposal, processing or treatment of waste materials and was: (1) Sealed off, closed, abandoned or alienated prior to the effective date of this policy; or (2) Sealed off or closed subject to statute, ordinance or governmental regulation or directive requiring maintenance or monitoring during or after sealing off or closure. t. "Bodily injury," "property damage" or "preventive remedial expense" arising out of waste derived from medical services, procedures, testing or research, and which could potentially transmit disease. SB300176D (6 -16) Page 13 of 16 Copyright, CNA All Rights Reserved. u 0;�, SB300176D (Ed. 6 -16) u. Any multiple damages, "punitive or exemplary damages" or fines or penalties. However, if a "suit" is brought against the insured with respect to a claim for acts or alleged acts falling within the coverage hereof, seeking both compensatory and "punitive or exemplary" damages, then we will afford a defense to such action, without liability for such "punitive or exemplary damages." This exclusion does not apply to "suits" brought in the state of Texas. v. "Bodily injury," "property damage" or "preventive remedial expense" arising out of: (1) the actual, alleged or threatened exposure at any time to asbestos or any loss, cost, or expense that may be awarded or Incurred by reason of a claim or "suit" for such injury or damage; or (2) complying with a governmental direction or request to test for, monitor, clean -up, remove, contain, or dispose of asbestos. Asbestos means the mineral in any form whether or not the asbestos was at any time: (1) Airborne as a fiber, particle, or dust; (2) Contained in or formed a part of a product, structure, or other real or personal property; (3) Carried on clothing; (4) Inhaled or ingested; or (5) Transmitted by any other means. w. 'Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by "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. X. Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants "; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of "pollutants." However, this exclusion does not apply to liability for damages because of "property damage" that is not otherwise excluded by this coverage, Office Premises Limited Pollution Coverage, unless the request, demand, order or statutory or regulatory requirement or claim or "suit" is solely by or on behalf of a governmental authority. C. Paragraph 2.b.(1) of Medical Expenses, of SECTION A. Coverages is deleted and replaced by the following: (1) Expenses incurred by the insured for first aid to others at the time of a "pollution incident" for "bodily injury' to which this insurance applies. D. SECTION C. WHO IS AN INSURED is amended as follows: 1. The following subparagraph d. Is added to paragraph 4. of SECTION C. WHO IS AN INSURED: d. Coverage 4., Office Premises Limited Pollution Coverage, does not apply to "bodily injury" or "property damage" arising out of "pollution incidents" that occurred before you acquired or formed the organization. 2. The following additional paragraph is added at the and of SECTION C. WHO IS AN INSURED: No person or organization identified as an insured on any endorsement now or hereafter attached to this Coverage Part is an insured with respect to COVERAGE 4., Office Premises Limited Pollution Coverage, unless that endorsement specifically references Office Premises Limited Pollution Coverage by name. SB300176D (6 -16) Page 14 of 16 Copyright, CNA All Rights Reserved. SB300176D (Ed. 6 -16) E. SECTION D. Liability And Medical Expenses Limits Of Insurance is deleted and replaced by the following: LIMITS OF INSURANCE 1. The Limits of Insurance described in this endorsement's Schedule of Limits for Office Premises Limited Pollution Coverage, and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 2. The Pollution Liability Aggregate Limit is the most we will pay for all damages because of all "bodily injury* and "property damage" directly resulting from all "pollution incidents" to which Office Premises Limited Pollution Coverage applies. 3. Subject to 2. above, the Each Pollution Incident Limit shown in the Schedule is the most we will pay for the sum of all damages because of "bodily injury" and "property damage" directly resulting from any one "pollution incident" to which Office Premises Limited Pollution Coverage applies. 4. The Limits of Insurance of this Office Premises Limited Pollution Coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. 5. The Limits of Insurance for this Office Premises Limited Pollution Coverage are separate from and not subject to the General Aggregate Limit for COVERAGE 1. Business Liability. 6. The Limits of Insurance for this Office Premises Limited Pollution Coverage shall not be amended by any endorsement attached to this policy which does not specifically reference Office Premises Limited Pollution Coverage. F. SECTION E. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS is amended as follows: 1. Condition 2.a. is replaced by the following: 2. Duties In The Event of Pollution Incident, Claim or Suit. a. You must see to it that we are notified as soon as practicable of a "pollution incident" that may result in a claim. To the extent possible, notice should include: (1) How, when, and where the "pollution incident" took place; (2) The names and addresses of any Injured persons and witnesses; and (3) The nature and location of any release, and of any injury or damage arising out of the "pollution incident." 2. The following Condition is added: Remediation of Insured's Premises a. Except for "preventive remedial expense" as described in paragraph 4.3.(2) of SECTION A. COVERAGES, this policy's Office Premises Limited Pollution Coverage doesn't provide coverage for clean -up of "your premises." If a "pollution incident" happens on "your premises" that poses Imminent and substantial danger of "bodily injury" or "property damage" to which this insurance applies, you must promptly take at your own expense all reasonable steps to curtail or prevent covered "bodily injury" or "property damage' from happening. b. If, in defiance of the intent of this policy, we are ever compelled by court or governmental order to pay to clean up part or all of "your premises," you agree to reimburse us for all such costs. SB300176D (6 -16) Page 15 of 16 Copyright, CNA All Rights Reserved. 0022 SB300176D (Ed. 6 -16) G. SECTION H. OTHER INSURANCE of the Businessowners Common Policy Conditions is amended to add the following paragraph 4.: 4. This condition does not apply to coverage afforded under Insuring Agreement a.(a) of Coverage 4. Office Premises Limited Pollution Coverage. H. SECTION F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS is amended to include the following definitions: "Commences during the policy period" means that the first emission, discharge, release or escape of the "pollutant" or 'pollutants" from which the "bodily injury" or "property damage" arises is demonstrable as having occurred during this policy period. "Pollution incident" means the emission, discharge, release, or escape of "pollutants," provided that such emission, discharge, release, or escape results in the injurious presence of "pollutants' in or upon land, the atmosphere, interior of a building or any water course, body of water or ground water. A series of related emissions, discharges, releases or escapes of "pollutants' will be deemed to be one 'pollution incident." "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. "Preventive remedial expense" means expenses incurred by you for the removal or neutralization of "pollutants" on "your office premises ", directly resulting from a covered "pollution incident." "Punitive or exemplary damages" means those damages imposed to punish a wrongdoer and to deter others from similar conduct." "Waste facility" means any site to which waste is delivered for storage, disposal, processing or treatment, whether or not such site is licensed by a governmental authority to perform such storage, disposal, processing or treatment. "Your office premises" means 'locations" you own, rent or occupy for general office purposes. "Your office premises" does not mean storage yards, nor land held for speculation or development, even if such yards or land adjoin your office building. "Your office premises" does not mean premises you live in. For the purpose of this definition, "location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a railroad. All other terms and conditions of the Policy remain unchanged. SB300176D (6 -16) Page 16 of 16 Copyright, CNA All Rights Reserved.