Loading...
CMAP - Insurance Certificate (2020)COMMMED-01 JSNY ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11 /8/2019 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 CONTACT NAME: Lamb Insurance Services PHONE FAX 145 W. 45th Street (A/C, No, Ext): (212) 375-3000 (A/C, No): (888) 389-8061 New York, NY 10036 ADDRESS: service@lambis.com INSURED Community Media Access Partnership 7500 Monterey St. Gilroy, CA 95020 INSURER(S) AFFORDING COVERAGE INSURER A: NOVA Casualty Compariv INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : NAIC # COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH DOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY 'AID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DDIYYYYI (MM/DDIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0001 CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO ❑ LOC JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EXCESS LIAB HCLAIMS-MADE DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below CF1-ML-10001412-02 7/1/2019 7/1/2020 DAMAGE TO RENTED PREMISES (Ea occurrence) 1,000,0001 $ 5,0001 MED EXP (Any one person) $ 1,000,0001 PERSONAL & ADV INJURY $ 3,000,0001 GENERAL AGGREGATE $ 1,000,0001 PRODUCTS - COMP/OP AGG $ $ 1 COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ EACH OCCURRENCE (AGGREGATE $ $ STATUTE EERH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Gilroy THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y Y ACCORDANCE WITH THE POLICY PROVISIONS. 7351 Rosanna Street Gilroy, CA 95020 AUTHORIZED REPRESENTATIVE I P �� ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD � ® DATE (MM/DD/YYYY) A CC) CERTIFICATE OF LIABILITY INSURANCE 6/25/2019 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 CONTACT Kim Strehl CalNonprofits Insurance Services I PHONE FAX 1500 41 st Avenue (A C. No. Ext,: 888-427-5224 (A/C. No): MA Suite 280 A DRESS: kims(aD-cal-insurance.orq Capitola CA 95010 I INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Nova Casualty Company 42552 INSURED COMMMED-01 INSURER B : Philadelphia Indemnity Insurance Company 18058 Community Media Access Partnership 7500 Monterey St INSURER C Gilroy CA 95020 INSURER D INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER:888808232 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y CF1-ML-10001412-02 7/1/2019 7/1/2020 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 I MED EXP (Any one person) 1 $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY PRO- JECT ❑ LOC PRODUCTS - COMP/OP AGG $ 1,000,000 OTHER: $ A AUTOMOBILE LIABILITY CF1-ML-10001412-02 7/1/2019 7/1/2020 COMBINED SINGLE LIMIT $1,000,000 (Ea accident ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS X HIRED X NON -OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLALIAB OCCUR HCLAIMS-MADE EACH OCCURRENCE $ EXCESS LAB AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE SPER TATUTE EORH I E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA ❑ (Mandatory in NH) I E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Directors & Officers PHSD1450352 7/1/2019 7/1/2020 EachOcc./Aggregate $1M/$1M B Professional Liability PHSD1449252 7/1/2019 7/1/2020 EachOcc./Aggregate $1M/#1M DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AS RESPECTS TO AGREEMENT FOR SERVICES WITH THE CITY OF GILROY. CITY OF GILROY, ITS OFFICERS AND EMPLOYEES SHALL BE NAMED AS ADDITIONAL INSURED. ADDITIONAL INSURED ENDORSEMENT AGL09340717 ATTACHED. SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Gilroy ACCORDANCE WITH THE POLICY PROVISIONS. 7351 Rosanna St Gilroy CA 95020 AUTHORIZED REPRESENTATIVE USA I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SOCIAL SERVICES - GENERAL LIABILITY EXTRA ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION I — COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended as follows: 1. EXPECTED OR INTENDED INJURY EXTENSION Paragraph a. Expected Or Intended Injury is deleted and replaced by the following: 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. 2. NON OWNED AIRCRAFT CHARTERED WITH CREW EXTENSION Paragraph g. Aircraft, Auto Or Watercraft is amended to add an exception provision to the exclusion as follows: a. This exclusion does not apply to aircraft chartered with crew to any insured. b. This exception provision does not apply if the chartered aircraft is owned by any insured. c. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess, or contingent. 3. NON OWNED WATERCRAFT EXTENSION Subparagraph (2) of g. Aircraft, Auto Or Watercraft is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 60 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person who, with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured for aircraft, auto or watercraft whether primary, excess, or contingent. 4. PROPERTY SOLD OR ABANDONED BY YOU Subparagraph (2) of j. Damage To Property is deleted and replaced by the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises, and occurred from hazards that were known by you or should have reasonably been known by you at the time the property was sold, given away or abandoned. 5. DAMAGE TO PREMISES RENTED TO YOU a. The last Paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions c. through n: do not apply to damage to premises while rented to you, or temporarily occupied by you with the permission of the owner, when the damage is caused by fire, lightning, explosion, smoke, water or leaks from automatic fire protective systems. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. b. Paragraph 6. of SECTION III — LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke, water or leaks from automatic fire protective systems. The Damage To Premises Rented To You limit will apply to all damage proximately caused by the same "occurrence", whether such damage results from fire, lightning, explosion, smoke, water or leaks from automatic fire protective systems, or any combination of any of these. The Damage To Premises Rented To You Limit will be the higher of: (1) $1,000,000; or (2) The amount shown on the Declarations for Damage To Premises Rented To You. 6. INVITEE PROPERTY DAMAGE LEGAL LIABILITY a. The following is added to subparagraph (4) of j. Damage To Property: AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 7 with its permission. INSURED COMMERCIAL GENERAL LIABILITY However, this exclusion does not apply to "property damage" to your "invitee's" personal property in your care, custody or control caused by fire, lightning, explosion, smoke, water, leaks from automatic fire protective systems; or vandalism or malicious mischief: (a) On premises you own or rent or on ways next to premises you own or rent; and (b) Arising out of your operations. For the purposes of this endorsement, personal property does not include any of the following: (c)Accounts, bills, currency, food stamps or other evidences of debt; deeds, money, notes, or securities; (d)Contraband, or property in the course of illegal transportation or trade; or (e) Blueprints, documents, drawings, manuscripts, records or valuable papers. b. The following is added to SECTION III — LIMITS OF INSURANCE: Subject to Paragraph 5. above, the most we will pay under Coverage A for the sum of all damages sustained by all "invitees" because of "property damage" to personal property of such "invitees" in your care, custody or control is $15,000. Paragraph 2. Exclusions is amended to add the following exclusion: Willful Violation Of A Penal Code Or Statute "Bodily injury", "incidental medical malpractice liability" or "property damage" arising out of the willful violation of a penal code, statute or regulation relating to the sale or distribution of pharmaceuticals by or with the knowledge or consent of the insured. B. SECTION I — COVERAGES, COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended as follows: 1. Subparagraph a. Knowing Violation Of Rights Of Another is amended to add the following: This exclusion does not apply to "personal and advertising injury" caused by malicious prosecution. 2. Subparagraph e. Contractual Liability is deleted and replaced by the following: e. Advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. This provision does not apply if COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY is excluded by endorsement. C. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B, Paragraph 1. is amended as follows: 1. The limit in subparagraph b. is increased to $2,500. 2. The limit in subparagraph d. is increased to $500 a day. D. ADDITIONAL INSUREDS 1. SECTION II - WHO IS AN INSURED is amended to include, as an additional insured, any person(s) or organization(s) for whom a written contract or written agreement between you and such person(s) or organization(s) exists and requires such person(s) or organizations(s) to be added as an additional insured to your Policy, but only for liability arising out of "bodily injury," "property damage" or "personal and advertising injury". a. This endorsement applies only if the written contract or written agreement is.- (1) Currently in effect or becomes effective during the term of this Policy; and (2) Executed prior to the "bodily injury", "property damage", or "personal and advertising injury". b. The insurance afforded to such additional insured only: (1) Applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. 2. The insurance provided to the additional insured by this endorsement applies as follows: a. The person(s) or organization(s) is an additional insured but only for liability caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises owned by or rented to you; or (2) In the performance of your ongoing operations. b. If the additional insured is an architect, engineer or surveyor, this insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services including: AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 7 with its permission. INSURED COMMERCIAL GENERAL LIABILITY (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured if the "occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved the rendering of or the failure to render any professional services by or for you. c. If the additional insured is a lessor of equipment, this insurance only applies to liability caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such additional insured and does not apply to any "occurrence" which takes place after the equipment lease expires. d. If the additional insured is a state or governmental agency or political subdivision and has issued a permit in connection with premises you own, rent or control, this insurance applies only with respect to the following hazards for which the state or political subdivision has issued such permit: (1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decoration and similar exposures; (2) The construction, erection or removal of elevators; or (3) The ownership, maintenance, or use of any elevators covered by this insurance. e. If the additional insured is a state or governmental agency or political subdivision that has issued a permit or authorization with respect to operations performed by you or on your behalf, then this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". f. If the additional insured is a manager or lessor of insured premises, that person or organization is an additional insured only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to: (1) Any "occurrence" that 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 the manager or, lessor of insured premises. g. If the additional insured is grantor of franchise, that person(s) or organization(s) is only an additional insured with respect to liability as grantor of a franchise to you. h. If the additional insured is an owner or other interest from whom land has been leased, that person(s) or organization(s) is only an additional insured with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you. This insurance does not apply to: (1) Any "occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of the owner or other interest from whom land has been leased. L If the additional insured is a mortgagee, assignee, or receiver, that person(s) or organization(s) is only an additional insured with respect to their liability as such and arising out of the ownership, maintenance or use of the premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for that mortgagee, assignee or receiver. j. If the additional insured is a controlling interest, that person(s) or organization(s) is an additional insured but only for their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy those premises. (3) Their requirements for certain performance placed upon you, as a non-profit organization, in consideration for funding or financial contributions you receive from them; or As respects Paragraph j.(2) above, this insurance does not apply to: (4) Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization; or (5) Any 'occurrence" which takes place after you cease to be a tenant in that premises. AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission. INSURED COMMERCIAL GENERAL LIABILITY k. If the additional insured is a vendor, that person(s) or organization(s) is only an additional insured with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, but only if this Policy provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". (1) This insurance afforded to the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked under the instructions of the manufacturer for the sole purpose of inspection, demonstration, testing or the substitution of parts and then repackaged in the original container; (e) Any failure by the vendor to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products"; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of "your products"; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in subparagraphs k.(d) or k.(f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products". (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. I. If the additional insured is a member or volunteer this insurance only applies with respect to their liability for your activities or activities they perform on your behalf. m. If the additional insured is a trustee or member of the Board of Governors this insurance only applies with respect to their duties as such. 3. With respect to the insurance afforded to an additional insured as provided in Paragraphs D.1. and D.2. above, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. 4. With respect to the insurance afforded to an additional insured as provided in Paragraphs D.1. and D.2. above, this insurance shall not increase the applicable Limits of Insurance shown in the Declarations. 5. If an Additional Insured endorsement is attached to this Policy that specifically names a person or organization as an insured, then the above subsection D. ADDITIONAL INSUREDS does not apply to such person(s) or organization(s). 6. Paragraph 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to include: For the purposes of the coverage provided by this endorsement, regardless of whether other insurance is available to an additional insured on a primary basis, this insurance will be primary and noncontributory if a written contract between you and the additional insured specifically requires that this insurance be primary and noncontributory. E. SECTION II - WHO IS AN INSURED is amended as follows: 1. BROADENED NAMED INSURED Paragraph 3. is deleted and replaced by the following: 3. Any business entity organized under the laws of the United States of America (including any state thereof, its territories or possessions), or Canada (including any province thereof) will qualify as a AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 7 with its permission. INSURED COMMERCIAL GENERAL LIABILITY Named Insured if there is no similar insurance available to that business entity, provided that one or more Named Insureds shown in the Declarations have, at the inception of the policy period, an ownership interest in such business entity of more than 50%. However, if a Named Insured has an ownership interest in a business entity of more than 50%, the business entity will not be a Named Insured if such business entity is an insured under any other liability policy or would be an insured under such policy but for its termination or the exhaustion of its Limit of Insurance. 2. CO -EMPLOYEE COVERAGE AND CO -VOLUNTEER WORKERS Subparagraphs (a), (b) and (c) under Paragraph 2.a.(1) do not apply to "bodily injury" for which insurance is provided as follows: a. Your "employees" are insureds with respect to "bodily injury" to a co -"employee" in the course of the co -"employee's" employment by you, or to your "volunteer workers" while performing duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. b. Your "volunteer workers" are insureds with respect to "bodily injury" to a co -"volunteer worker" while performing duties related to the conduct of your business, or to your "employees" in the course of the "employees" employment by you, provided that this coverage for your "volunteer workers" does not apply while performing duties unrelated to the conduct of your business. 3. INCIDENTAL MEDICAL MALPRACTICE — EMPLOYED NURSES, EMT'S AND PARAMEDICS a. Paragraph 2.a.(1)(d) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only: (1) While performing the services described in the definition of "incidental medical malpractice injury"; and (2) When acting within the scope of their employment by you. Any "employees" rendering "Good Samaritan Services" will be deemed to be acting within the scope of their employment by you. b. For the purposes of determining the applicable Limits of Insurance, any act or omission, together with all related acts or omissions in the furnishing of services for an "incidental medical malpractice injury" to any one person, will be considered one "occurrence". c. This provision as provided in Paragraph 3.a. and 3.b. does not apply if: (1) You are in the business or occupation of providing any of the services described in "incidental medical malpractice injury"; or (2) An endorsement is attached to this Policy that specifically provides liability coverage for registered or licensed practical nurses. d. The insurance provided by Paragraph 3.a. and 3.b. shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this Policy. 4. LIABILITY FOR CONDUCT OF UNNAMED PARTNERSHIP OR JOINT VENTURE a. The last Paragraph of SECTION II — WHO IS AN INSURED is deleted and replaced by the following: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, limited liability company or trust that is not shown as a Named Insured in the Declarations. This subparagraph does not apply to your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. b. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4.b. Excess Insurance is amended to add the following: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, which is available to you for your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations and which is issued to such partnership or joint venture. F. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. KNOWLEDGE AND NOTICE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT The notification requirements of Paragraphs 2.a. and 2.b. Duties In The Event Of Occurrence, Offense, Claim Or Suit apply only when the "occurrence", offense, claim or "suit" is known to: a. You, if you are an individual; b. A partner or member, if you are a partnership or joint venture; AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission. INSURED COMMERCIAL GENERAL LIABILITY c. An officer or director, if you are an entity other than a partnership, joint venture or limited liability company; d. A member or manager, if you are a limited liability company; or e. An insurance manager, risk manager or other "employee" you designate prior to loss to give notice to us. Knowledge of an "occurrence", offense, claim, or "suit" by your agent, servant or "employee" shall not in and of itself constitute knowledge by you unless an individual in one of the positions listed above has actual knowledge. 2. FAILURE TO DISCLOSE HAZARDS The following is added to Paragraph 6. Representations: If you unintentionally failed to disclose all hazards or prior "occurrences" existing at the inception of this Policy, but reported such error or omission to us as soon as practicable after discovery, we will not deny coverage under this Coverage Part because of such failure. This provision does not affect our right to collect any additional premium or exercise our right of cancellation or non -renewal. 3. SPECIAL EVENT PREMIUM RATING The following is added: Special Event Premium Rating a. The rating for this endorsement includes the following special events: (1) All indoor special events with less than 2,500 attendees that are less than 24 hours in duration; and (2) All outdoor special events with less than 2,500 attendees that are less than 24 hours in duration. b. The following special events shall be separately rated for additional premium: (1) Any special event that exceeds the number or attendees or duration as shown in 3.a.(1) or 3.a.(2) above; (2) Any parade, fair or carnival; or (3) Any athletic, sporting or motor vehicle event including walks, runs, tournaments, demonstrations, rallies or competitive activities. 4. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to Paragraph 8. Transfer Of Rights of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization when such waiver is required by a written contract that you have agreed to prior to any "occurrence", "suit" or the offense which caused the "bodily injury", "property damage" or "personal and advertising injury", provided that the "occurrence", "suit" or the offense which caused the "bodily injury", "property damage" or "personal and advertising injury" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. G. SECTION V — DEFINITIONS is amended as follows: 1. BODILY INJURY The definition of "bodily injury" in Paragraph 3. is deleted and replaced by the following: "Bodily injury" means bodily injury, "incidental medical malpractice injury", mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. 2. PERSONAL AND ADVERTISING INJURY If COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY is not otherwise excluded from this Policy, the definition in Paragraph 14.b. is deleted and replaced by the following: b. Malicious prosecution or abuse of process; The following is added: "Personal and advertising injury" also means "discrimination" or humiliation that results in injury to a natural person or their reputation, but only if such discrimination or humiliation is: (a) Not done intentionally by or at the direction of, or with the knowledge or consent of: L Any insured; or ii. Any executive officer, director, stockholder, partner or member of any insured organization; (b) Not directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment, of any person or persons by any insured; (c) Not prohibited by or held in violation of law, public policy, legislation, court decision or administrative AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 7 with its permission. INSURED COMMERCIAL GENERAL LIABILITY ruling; (d) Not arising out of any "advertisement" by the insured. 3. INSURED CONTRACT a. Subparagraph a. of the definition of "insured contract" is deleted and replaced by the following: a. A contract for a lease of premises. b. Subparagraph f. of the definition of "insured contract" is deleted and replaced by the following: 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" "property damage" or "personal and advertising injury" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 4. PRODUCTS -COMPLETED OPERATIONS HAZARD The definition of "products -completed operations hazard" in Paragraph 16. is amended to add the following: Includes all "bodily injury" and "property damage" arising out of your "designated products" on premises you own or rent; on premises used by you for a special event related to your business; or on connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad, next to any such premises you own or rent, or use for a special event. For the purpose of this definition, "designated products" means apparel, buttons, CD's, DVD's, posters, stickers, tapes and other similar products used to promote a special event related to your business. The following definitions are added: 5. "Discrimination" means: a. Unfair treatment of a natural person or organization including but not limited to discrimination based upon race, color, ethnic or national origin, religion, age, gender, marital status, sexual orientation or preference, pregnancy, physical disability or impairment, or mental disability or impairment; or b. Any act or conduct that would be considered "discrimination" under any applicable federal, state, or local statute, ordinance or law. 6. "Good Samaritan services" means those medical services rendered or provided in an emergency and for which no remuneration is requested or paid. 7. "Incidental medical malpractice injury" means "bodily injury", mental anguish, sickness or disease sustained by a person, including death resulting from any of these at any time, arising out of the rendering of, or failure to render, the following services: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or c. First aid. 8. "Invitee" means any of your clients, customers, guests, members, patrons, supporters, and "volunteer workers"; however, it does not include any person who is your "employee", "temporary worker" or independent contractor. All other terms and conditions of the policy remain unchanged. AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission. INSURED