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HomeMy WebLinkAboutCertificate of Insurance 08.01.2018MATRICON2 ,NC"R"& CERTIFICATE OF LIABILITY INSURANCE DATE/1/201EYYY) 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT Samuel Vazquez 855-491-0974 PHONE602-666-4833 FAX 610-537-2283 AIC No. o Ext : (AIC, No): USI Insurance Services National, Inc. E-MAIL am Suel.Vaz U0Z USI.COm ADDRESS: _ q G 8331 Norman Center Dr, Ste 500 8/8/2018 8/8/2019 INSURER(S) AFFORDING COVERAGE # Bloomington, MN, 55437 _NA_IC INSURERA; Sentinel Insurance Co. Ltd 11000 INSURED _INSURER B: Sentinel Insurance Company Ltd. 110_00 Matrix Consulting Group, Ltd INSURER C; Twin City Fire Insurance Company 29459 201 San Antonio Cir Suite 148 INSURER D; Philadelphia Insurance Company 23850 INSURER E: Mountain View, CA 94040-1254 INSURER F; COVERAGES CERTIFICATE NUMBER: 13334397 REVISION Nt1MRER- SPe halnw THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT- TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE _.I ADDL NSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDtYYYY POLICY EXP MMIDDIYYYY LIMITS A_ X _ COMMERCIAL GENERAL LIABILITY � CLAIMS -MADE C"' 1 OCCUR 59SBAR00849 8/8/2018 8/8/2019 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED -- — ---- PREMISES Ea occurrence $ 1,000,000 _ MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY _] PRCT O- �� LOC JE GENERAL AGGREGATE $ 4,000,000 GEN'L ---- - PRODUCTS COMP/OP AGG 4,00 00,000 $ --- $ .._ OTHER: A AUTOMOBILE LIABILITY 59SBAR00849 8/8/2018 8/8/2018 COMBINED SINGLE LIMIT $ 2,000,000 Ea acadent)- _-._— — BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDAUTOS AUTOS ONLY AU"TOS BODILY INJURY Per accident $ ( x HIRED x NON -OWNED AUTOS ONLY - AUTOS ONLY _) PROPERTY DAMAGE $ ��-- Per accident B UMBRELLAL.IAB X OCCUR 59SBAR00849 8/8/2018 8/8/2019 EACH OCCURRENCE $ EXCESS LIAB _ CLAIMS -MADE _ _$1,000,000 AGGREGATE m i $ $1,000,000 DED I I RETENTION $ $ C AND EMPLOYERS' LIABILITY WORKERS COMPENSATION Y / N ANYPROPRIETOR/PARTNERIEXECUTIVE ❑ OFFICER/M EMBER EXCLUDED? N/A 59SBAR00849 8/8/2018 8/8/2019 x STATUTE PER ORH —�.�. E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below -- E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Prof Liability 59PG0297372 08/08/2018 08/08/2019 $1,000,000/$3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SS0008-0405 Certificate holder is named as additional insured as it relates to general & auto liability & waiver of subrogation is granted as it relates to general and auto liability and workers comp in accordance with the terms and conditions of the policies. Umbrella follows form as it relates to additional insureds. The above coverage is primary and noncontributory where required by written contract. Town of Los Altos Hills SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 26379 Fremont RD ACCORDANCE WITH THE POLICY PROVISIONS. Los Altos Hills, CA 94022 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 1 III 11111111111111111111111 III 1111111111111111111111111111111111111it 11 III 1111 -.021301 1000259102/29/01010/0* Client Code: MATRICON2 SID: 13334397 III11IIIANIIIIIIIII IIIIIIII9IIIIIIIuII IIIIVI III011111111111 ...._..,.,._.. POLICY #41SBARO0849 Form SS: 00 08 04 05 C> 2005, The Hartford 11111111111111111111111111111111 lill 1111111111111111111111111111111111111111111111111 _02BO.000259104/2910/00. QUICK. REF ERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Begirming On Page A. COVERAGE$ I Business Lial;011y I Medical Expenses 2 Coverage Extension - Supplementary Payments 2 B. EXCLUSIONS 3 C WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 16 1, Bankruptcy is 2, Duties In The Event Of Occurrence. Offense, Claim Or Suit 3� Financial Responsibility Laws 16 4. Legal Action Against Us Is 6.. Separation. Of insureds 16 6. Representations 16 7. Other Insurance 16 S. Transfer Of Rights Of Recovery Against Others To Us 17 F, OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds is G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 iiiuimuii11mumumiiniiuiuiirAfluiiieuiuiuiuiii1111111 1u 1111 ._._.9/0512910/0.,. Various provisions in this policy restrict coverage, Read the entire policy carefully to determine rights, duties and what Is and is not covered. Throughout this policy the wards "you" and "your" refer to the €Married Insured shown in the Declarations. The words "we", "us" and "aur" refer to the stack insurance company member of The Hartford providing thin insurance. The ward "insured" means any person or organization qualifying as such under Section C. » Who. Is An Insured, Other wards and phrases that appear in quotation marks have special meaning, Refer to Section G. - Liability Arid Medical Expenses Definitions. XCOVERAGES (a) The "bodily injury" or "property 1, BUSINESS LIABILITY COVERAGE (BODILY damage" is caused by an INJURY, PROPERTY DAMAGE, PERSONAL tNAL occurrence" that takes place in the AND ADVERTISING INJURY) "coverage territory"; Insuring Agreement a. We: will pay those surns that. the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We. will have the right and duty to defend the: insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking darnages for "bodily Injury", "property damage" or "personal and advertising injury" to which this insurance does, not. apply, We rnay; at our, discretion, investigate any ",occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section D. - Liability And Medical Expenses Limiits. Of Insurance; and () Cour right and duty ka defend ends when we have used up the applicable limit of Insurance In the payment of judgments, settlerrients or medical expanses to which this Insurance applies. No other obligation or liability to pay sums or perform acts or servicers is covered unless explicitly provided for under Coverage Extension .. Supplementary Payments. b. This insurance applies. (1) To "bodily injury" and "property damage' only if: (b) The "bodily injury" or "property damage" occurs during the: policy period; and (c.) Friar to the policy period, no insured listed under Paragraph 1. of Section G, — Who Is An Insured and no "employee" authorized by you to give or receive notice. of an "occurrence" or claim, knew that the "bodily Injury" or "property damage" had occurred, in whale or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation,. change or resumption of such "boclity injury" or "property damage" during or after the policy period will be deemed to have been known prior to tile policy period. (2) To "personal and advertising injury," caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period, c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1, of Section 0. — Who is An insured or any "employee" authorized by you to dive or receive notice of an "occurrence" or claire; (1) Reports all, or any part, of the "beadily Injury" or "property damage" to us or any other insurer; Forrn SS CIT AS 04 05 Nagle I of 24 Q 2005, The Hartford IIIIIIIIIIINIAIIIIInIIIIIIInIIVIRIIIIIIIIIIIIIIII11llllllll _3Gi10002916/29/010/0 BUSINESS LIABILITY COVERAGE FORM (7) Receives a written or verbal dernand or b. We will make these payments regardless of claim for darnages because of the "bodily fault, These payments will not exceed the injury'* or "property damage"; or applicable limit of Insurance, We will pay (3) Becomes aware by any other means that reasonable expenses for: "bodily Injury" or "property damage,, has (1) First aid administered at, the time of an occurred, or has begun to occur, accident; d. Damages because of "bodily injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices-, and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury". professional nursing and funeral e. Incidental Medical Malpractice services, (1) "Bodily injury" arising out of the 3. COVERAGE ExTENSION rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health rare services as a physician, dentist, nurse, emergency a. We will pay, with respect to any claim or "suit" medical technician or paramedic shall we investigate or settle., or any "suit" be deemed to be caused by an agaiI nst an insured we defend, "occurrence", but only if: (1) All expenses we incur. (a) The physician, dentist, nurse, (2) Up to $1,,000 for the cost of ball bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services' and any vehicle to which Business Liability (b) You are not engaged in the Coverage for "bodily injury" applies, We business or occupation of providing do not have to furnish these bonds. such services, (3) The cost of appeal bonds or bonds to (2) For the purpose of determining the: release attachments, but only for bond limits of insurance for incidental medical amounts within the applicable limit of malpractice, any act or omission insurance, We do not have to furnish together with ail related acts or these bonds. omissions In the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at Our request to assist us In the considered one "occurrence", Investigation or defense of the claims or 2, MEDICAL, EXPENSES "suit", including actual loss of earnings LIP to $500 a day because of time off Instiring Agreornent from work, a. We will Pay medical expenses as described (6) All costs taxed against the insured in bellow for "bodily Injury" caused by an the "suit", accident: (6) Prejudgment interest awarded against (1) On premises You own or rent; the insured on that part of the judgment (2) On ways next to promises you own or we pay. It We make an offer to pay the rent, or applicable limit of insurance, we will not (3) Because of your operations; pay any prejudgment interest based on provided that that period of time after the offer, (1) The accident takes place in the (7) All interest on the full amount of any "coverages territory" and during the.judgment judgment that accrues after, entry of the and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that Is within the to us within three years of the date of applicable limit of Insurance, the accident; and Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of insurance, examination, at our expense, by physicians of our choice as often as we reasonably require. Paget of 24, Form SS 00 08 04 06 b. If we defend an insured against a ".suit"' and an Indemnitee of the insured is also named as a party to the "suit", we will defend that inder-nnitee if all of the following conditions are met; (1) The "suit" against the Indernnitee seeks damages for which the insured has assumed the. liability of the indernnitee In a contract or agreement that is an "insured contract-, (2). This insurance applies to such liability assumed by the insured; (3) The obligation to defand, or the cost of the defense of, that indemnitee, has also been assumed by the Insured in the same "Insured contract—, (4) The allegations In the "suit" and the Information we know about the "occurrence*" are such that no conflict appears to exist between the Interests of the insured and the interest of the indemnitee-, (6) The indamnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the lndemriltee; and (6) The indemnitee, (a) Agrees in writing to: (1) Cooperate with us in the investigation, settlement or defense of the "suit"; (II) Immediately send Us copies of any demands, notices, SUMMOnSeS or legal papers received in connection with the (!it) Notify any other Insurer whose coverage is available to the: indemnitee; and (1v) Cooperate with us with respect to coordinating other applicable Insurance available to the Indemnitee; and (b) Provides us with written authorization to: (1) Obtain records and other Information related to the "*Suit"; and (it) Conduct and control the defense of the Indemnitee in such "suir', Form SS 00 08 04 06 BUSINESS LIABILITY COVERAGE FORM So long as the above conditions are met, attorneys, fees incurred by us in the defense of that Indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses Incurred by the indemnitee at our request will be paid as Supplementary Payments, Notwithstanding the provisions of Paragraph 11,b,(b) of Section B. — Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when-. (1) We, have Used Up the applicable Jit -nit of Insurance in the payment of judgments or settlements; or (2) The conditions set fortti above, or the terms of the agreement described in Paragraph (6) above, are no longer met. 13. EXCLUSIONS 1. ApplicableToBusirtess Liability Coverage This Insurance does not apply to: a., Expected Or Intended Injury (1) "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 frorn the use of reasonable force to protect persons or property; or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with tile expectation of inflicting "personal and advertising injury". b. Contractual Liability (i) `Bodily injury" or "Property damage!'; or (2) "Personal and advertising injury" 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 because of: (a) "Bodily injury", "property damage" or "personal and advertisAng Injury" that the Insured would have In the absence of the contract or agreernemt; or Page 3 of 24 IIIIIIIR111IIAIIIIIIIIIIIIIIINIIIIIIIYIIIIIIIIIIIIIIIIIIIII1111 r.m._.29_... BUSINESS LIABILITY COVERAGE FORM (b) "Bodily Injury" or "property damage,, (b) Performing duties related to the assumed In a contract or agreement conduct of the insured's business, or that is an "Insured contract.", (2) The spouse, child, parent, brother or provided the "bodily Injury" or sister of that "employee" as a 1 property damage" occurs consequence of (1) above, subsequent to the execution of the This exclusion applies: contract or agreement, Solely for the purpose of liability assurned in (1) Whether, the Insured may be liable as an "'Insured contract`", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses. inctwred by or for (2) To any obligation to share, damages a party other than an insured are with or repay someone else who must: deerned to be damages because of pay durnages because of the injury, "bodily injury" or "property damage" This exclusion does not apply to liability provided: assumed by the insured under an "Insured (1) Liability to such party for, or for contract'. of', the cost of that. party's delenFe f. Pollution has also assumed in the same "Insured contract,", and (4) "Bodily injury", "property damage" or (110 Such attorneys' fees and"personal and advertising Injury" litigation expenses are for arising out of the actual, alleged or threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of "pollutants": resolution proceeding In which darnages to which this (a.) At or from any premises, site or insurance applies are alleged. location which is or was at any e. Liquor Liability time owned or occupied by, or rented or loaned to any insured. "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by riot apply to: reason of: (I) "Bodily injury" if sustained within (1) Causing or contributing to the a building and caused by intoxication of any personl- smoke, fumes, vapor or soot (2) The furnishing of alcoholic, beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol; or coal or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that is used to relating to the sale, gift, distribution or heat water for personal use, by use of alcoholic beverages, the building's occupants or their This exclusion applies only If you are in the guests-, (1i) "Bodily injury" or' "property business of manufacturing, distributing, selling, serving or furnishing alcoholic damage"' for which you may be beverages..held liable, if you are a d. Workers' Compensation And Similar contractor and the owner or lessee of such premises, site or Laws location has been added to your Any obligation of theinsured under as policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar, law. additional insured at that e. Emp.loyer's Liability promises, site or location and "Bodily injury" to: such premises. site or location (1) An "employee" of the insured arising Is not. and never was owned or out of and In the courese of: occupied by, or rented or (a) Employment by the insured; or loaned to, any Insured, other than that additional insured.; or Page 4 of 24 FOrM SS 00 08 04 06 111111111111111111111111111111111111111111111111111111111111 Ell 1111111111111111 -CYB02BOW00025910912910/0/0/0- BUSINESS LIABILITY COVERAGE FORM (III) "Bodily Injury" or "property released as part of the damage" arising out of haat, operations being performed smoke or fumes from a by such Insured, contractor or "hostile fire"; subcontnaotor; (b) At or from any premises, site or (if) "Bodily injury" or "property location which Is or was at any damage" sustained within a time used by or for any Insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors frorn materials brought of waste,, into that building in connection (c) Which are or were at any tirrve with operations being performed transported, handled, stored, by you or on your behalf by a treated., disposed of, or processed contractor or subcontractor or as waste by or for: (111) "Bodily injury" or "property (1) Any Insured; or damage" arising out of heat, (it) Any person or organization for smoke or fumes from a "hostile fire'"; whom you may be legally or responsible; (e) At or from any premises, site or (d) At or from ��.ihy premises, site or location on which any insured or any location on which any In,or contractors or subcontractors any contractors or subcontractors working directly or indirectly an any working directly or indirectly on insureds behalf are performing any Insured's behalf are operations If the operations are to performing operations it the test for, monitor, clean up, remove, pollutants" are brought on or to contain, treat, detoxlty or neutralize, the premises, site or location in or in any way respond to, or assess connection with such operations the effects of, *'pollutants". by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does riot apply to: (a) Request, demand, order or statutory (1) "Bodily injury" or "property or regulatory requirement that any damage" arising out. of the insured or othem test for, monitor, escape Of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects, of, electrical, hydraulic or "pollutants,": or mechanical functions (b) Claim or suit by or on behalf of a necessary for, the operation of governmental authority for "mobile, equipment" or its parts, damages because of testing for, If such fuels, lubricants or other monitoring, cleaning up, rernoming, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or In any way store or receive them. This responding to, or assessing the exception does not apply it the effects of, "pollutants", "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because Intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence-, of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority, premises, site, or location with the intent that they be discharged, dispersed or Form SS 00 08 04 06 Page 5 of 24 AIIIVIIIfllllllwlllllllllll11lllllllllllllllllllsl181111111 -CYS02BOI/000259/10/29/010/010* BUSINESS LIABILITY COVERAGE FORM Aircraft, Auto Or Watercraft (2) The use of "mobile equipment" in, or "Sodily Injury" or "property damage" arising while In Practice or preparation for, a out. of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of, any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any Insured. Use includes. 1. War operation, and "loading, or unloading". "Bodily injury", "propetty damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused, arising, directly or Indirectly, out of; other wrongdoing In the supervision, hiring, (1) War, Including undeclared or civil war; employment, training or monitoring of others by that insurW, If the "occurrence" which (2) Warlike action by a military force, caused the "bodily injury" or "property Including action In hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any Insured., (3) Insurrection, rebellion. revolution, This exclusion. does not apply to, usurped power, or action taken by (1) A watercraft while ashore. on premises governmental authority in hindering or you own or rent; defending against any of these. (2) A watercraft you do not own, that is: 1. Professional Services (a) Less than 5 1 feet long; and "Bodily injury", "property damage" or "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This Includes (3) Parking an "auto" on, or on the ways, but is not limited to: next. to, promises you own, or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or fbiling to (4) Liability assumed under any "Insured prepare or approve maps, shop contract" for the ownership, drawings. opinions, reports, surveys, or use of aircraft or field orders, change orders, designs or Watercraft; drawings and specificabons: (5) "Bodily Injury" or "property darnage" (a) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment"; or lnstruction, (6) An aircraft that is riot owned by any (5) Any health or tber-apeutic service insured and is hired, chartered or loaned treatment, advice or instruction; with a paid crew. However, this exception does not, apply If the insured (6) Any service, treatment, advice or has any other Insurance for such "bodily instruction for the purpose of injury" or "property damaqe�', whether appearance or skin enhancement, hair the other insurance is primary, excess, removal or replacement or personal re contingent. or on any other basis, oral h. Mobile Equipmont (7) Optical or hearing aid services including the presoribing, preparation, "Bodily injury` or "property damage" fitting, demonstration or distribution of arising out of, ophthalmic lenses and similar (1) The transportation of "mobile equipment' products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured; or Page 6 of 24 Form SS 00 08 04 05 `CYB02B01 /000269/11/29/0/0/0/0' BUSINESS LIABILITY COVERAGE FORM (a) Optometry or, optomett'jo services Paragraphs (1), (3) and, (4) of this Including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, or prernises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products,, fewer consecutive days. A separate Limit (9) Any: of Insurance applies to Damage To (a) Body piercing (not Including ear, Premises Rented To You as described in piercing); Section D. - Limits Of Insurance. (b) Tattooing, Including but not. firrilted Paragraph (2) of this exclusion does not to the insertion of pigments Into or apply if the premises are "your work" and under the skin; and were never occupied, rented or held for rental by you. (c) Similar services; Paragraphs (3) and (4) of this exclusion do (11G) Services in the practice of pharrnacy; not, apply to the use of elevators, and Paragraphs (3), (4), (6) and (6) of this (111) Computer consulting, design or exclusion do not apply to liability assumed programming services, Including web under a sidetrack agreement, site design. Paragraphs (3) and (4) of this exclusion do Paragraphs (4) and (5) of this exclusion do not apply to "property damage" to not. apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site, Paragraph 1,e, in Section A. - Coverages, Paragraph (6) of this exclusion does not k. Damage To Property apply to "property damage" included in the "Property damage" to: "products—completed operations hazard", (1) Property you own, rent or Occupy, I. Damage "ro Your Product including any costs or expenses "Property damage" to "your product' incurred by you, or any other person, arising out of it or any part of it, organization or entity, for repair, replacement,. enhancement, m. Damage To Your Work restoration or maintenance of such "Property darnage" to "your work" arising property for any reason, including out of it or any part of it and included in the prevention of injury to a person or ,prod ucts-cornpleted operations hazard". damage, to another's, property; This exclusion does not apply if the (2.) Premises you sell, give away or damaged work or the work out of which abandon, if the "property damage" arises the damage arises was performed on your out: of any part of those promises, behalf by a subcontractor. (3) Property loarted to you; m Damage To Impaired Property Or (4) Personal property in the care, custody Property Not Physically Injured or control of the insured: "Property damage" to "Impaired property" (6) That particular part of real property on or property that has not been physically which you or any contractors or injured, arising out of: subcontractors working directly or (1) A. defect, deficiency, inadequacy or indirectly on your behalf are performing dangerous condition in "your, product" operations, if the "prop" damage" car "your work"; or arises out: of those operations; or (2) A delay or failure by you or anyone (6) That particular part of any property acting an your behalf to perform a that must be restored, repaired or contract or agreerrxmt in accordance replaced because "your work" was with its terms. incorrectly performed on it. This exclusion dOeS not apply to the loss of use of other prop" arising out of sudden and accidental physical injury to "your producV or "your work" after it has been put to Its intended use, Form SS 00 08 04 05 Page 7 of 24 BU$INESS LIABILITY COVERAGE FORM o. Recall Of Products, Work, Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product', (2) "Your work"; or (3) "Impaired property"; if such product, work or property is withdrawn, or recalled from the market or frorn use by any person or organization because of a Known or suspected defect, deff6ency, inadequacy or dangerous condition in it, p. Personal And Advertising Injury "Personal and advertising injury": (1) Arising out of oral, written or electronic publication of material, if done by or at the direction of. the Insured with knowledge of Its falsity; (2) Arising out of oral, written or electronic publication of material whose first publication took place before the beginning of the policy period; (3) Arising cut of a criminal act committed by or at the direction of: the Insured. (4) Arising out of any breach of contract, except an Implied contract to use another's "advertising idea" in your "advertisement' ; (6) Arising out of, the failure of goods. products or services to conform with any statement of quality or Performance made in your "advertise ment"; (6) Arising out of the wrong description of the price of goods, product-,, or services-, (7) Arising out of any violation of any intellectual property rights such as. copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin or authenticity. Page of of 24 However, this exclusion does not apply to Infringement, in your "advertisement", of (a) Copyright; (b) Slogan, unless the slogan Is also a trademark, trade name, service mark Or other designation. of origin or authenticity', or (0) Title of any literary or ;artistic work; (8) Arising out of an offe.nse committed by an Insured whose business Is: (a.) Advertising, broadcasting, publishing or telecasting; (b) Designing or determining content of web sites for others; or (e) An Internet search, access, content or service provider. However, this exolusion does not apply to Paragraphs a., b. and c. tinder the definition of "personal and advertising Injury" in Section G, — Liability And Medical Expenses Definitions. For the PUFPOSeS Of this eXCIUSIOn, placing an "advertisement" for or linking to others an your web site, by itself, is not considered the business of advertising, broadcasting, publishing or telecasting,, (9) Arising out. of an electronic chat room or bulletin board the insured hosts, owns, or over which the Insured exercises control; (10) Arising out of the unauthorized use of anothers name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers; (11) Arising out of the violation of as person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act; (42) Arising out of: (a) An "advertisement' for others On your web site; (b) placing a (ink to a web site of others on your web site: (C) Content from a web site of others displayed within a frarrie or border on your web site. Content includes information, code, rounds, text, graphics or images; or (d) Computer code, software or programming used to enable: (1) Your web site; or (it) The presentation or functionality of an *'advertisement' or other content on your web site; Form SS 00 08 04 06 111uu11iwiui1inuiummimifliiuiiuniuiuuuusuu111111111111111111111111111111 -CYB02BOl/000269/1312910/01010* (13) Arising out of a violation of any anti- trust law; (14) Arising out of the: fluctuation In price or value of any stocks, bonds or other securities; or (16) Arising out of discrimination or humiliation corninitted by or at the direction of any "executive ofticer", director, stockholder, partner or mernber of the insured, ci, Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data", r.Em. ploy ment-Relatecl Practices "Bodily injury" or "personal and advertising injury" to; (1) A. person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment,, or (c) Employment-related practices, policies, acts or omissions, such as coercion, dernotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" or "personal and advertising injury," to the person at whore any of the ernployrnent-related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and, (2) To any obligation to shzire darnages with or repay someone else who must pay darnages because of the injury. s. Asbestos (1) "Bodily injury", "property darnage" or "personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: Form SS 00 08 04 06 BUSINESS LIABILITY COVERAGE FORM (a) May be awarded or incurred by Mason of any claim or suit. alleging actual or threatened Injury or damage of any nature or Kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard`; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or ot.hers test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard'% or (c) Arise out of any claims or suit for damages because of testing , for, monitoring, cleaning up, removing, encapsulating, containing, treating, detaxifyIng or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". t. Violation Of Statute% That Govern E ­ Malls, Fax, Phone Calls Or Other Metho,cls Of senciing Material Or Information "Bodily injury", "Property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or Is alleged to violate - (1) The Telephone Consurner Protection Act (TCPA), Including any amendment of 0.1, addition to such levy; (2) The CAN -SPAM Act of 2003, Including any arnendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN -SPAM Act of 2003, that prohibits or lirrifts the sending, transmitting, comn-tunicating or distribution of material or information, Parnage To Promises Rented To You --- Exception Exception For Damage Eiy Fire, Lightning or Explosion Exclusions c, through h. and k. through o. do not apply to damage toy fire, lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A saparate Limit of Insurance applies to this coverage as described in Section D. - Liability And Medical Expenses Limits Of Insurance. Page 9 of 24 i11iiuiu11iuiAu11uiAiuuuuummiiuiuuii1iiumii11111 ___m.._,. BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage 0. A trust, you are an insured, Your trustees We will not pay expenses for, "bodily Injury": are also insureds, but only with respect to aAny Insured their duties as trustees. To any insured, except "volunteer workers", 2, Each of the following Is also an Insured: b. Hired Person a, Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers!' only while of any Insured or a tenant ref any Insured, performing duties related to the conduct of a. Injury On Normally Occupied Promises. your business, or your "employees", other than either your "executive officers', (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies, company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to "employee" of any insured, if benefits for the conduct of your business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers" are insureds for: or disability benefitss law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, (aTo You, to your partners or Instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your mernbers contests, (if you are a limited liability f, Products -Completed Operations Hazard company), or to a co-"ernployeell while in the course of his or, her Included with the "products-cornpleted employment or performing duties operations hazard", related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. "volunteer workers" while C. WHO IS AN INSURED Performing duties related to the conduct of your business; 1. If you are designated in the Declarations as. (b) To the spouse, child, parent, a. An. Individual, you and your, spouse are brother or sister of that co-, insureds, but only with respect to the "employee'* or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner, Paragraph (1)(a) above; b, A partnership or joint venture., You are an (c) For which there Is any obligation Insured, Your roembers, your partners, and to share damages with or repay their spouses are also insureds, but only with someone else who must pay respect to the conduct of your business. damages because of the injury c. A limited liability company, you are an described in Paragraphs (1)(a) or Insured. Your tnernbers are also Insureds, (b) above, car- rbut: but:only with respect to the conduct of your (d) Arising out of his or her providing business, Your managers are Insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not In the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services,, Paragraph (d) does not apply are an Insured, Your "executive officers" and to any nurse, emergency medical directors are insureds, but only with respect technician Or paramedic employed by to their duties as your officers or director-%. you to provide such services, Your stockholders are also insureds, but only (7) "Property damage" to property: with respect to their liability as stockholders. (a) Owned, occupied or used by. Page 10 of 24 Form SS 00 08 04 05 iimuiiuuisiiuiuuioiuiuiuiiuiiumu111iuuuiuiisii1111111111111111111111111111111111 -CYB02BOI/000259115/29101010/0' BUSINESS LIABILITYCOVE-RAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control Is being exercised for any (1) "Bodily injury" or "property damage*, purpose by you, any of your that occurred � or "employees", "volunteer workers", any partner or member (if you are (2) "Personal and advertising Injury" a partnership or joint venture), or arising out of an offense committed any rnernber (if you are as limited before You acquired or formed the liability company). organization. b. Real Evotate Manager 4. Operator Of Mobile Equipment Any person (other than your "employee" or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your narrie under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodian$ Of Your equipment along a public highway with your Property permission. Any other, person or organization Any person or organization having proper responsible for the conduct of such person is also an insured, but. only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and (lie, bast only: only if no other Insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability, maintenance or use of that property; and However, no person or organization is an insured (2) Until your legal representative has with respect to, been appointed, a,, "Bodily injury" to a co-"empfoyeell of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property darnage" to property owned by, only with respect, to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or, the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary S. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof,. of With respect to watercraft you do not own that yours which is a legally incorporated entity is less then 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part, your permission, Any other person or The Insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations. such person is also an insured, but only with as a named insured does not apply tel respect to liability arising out of the operation injury or damage with respect to which an of the watercraft, and only if no other Insured. under this insurance is also an insurance of any kind is available to that insured under another policy or would be person or organization for this liability, an insured under such policy but for its However, no person or organization is an termination or, upon the exhaustion of its insured with respect to: limits of Insurance, a. "Bodily injury" to a ccs -"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b, "Property damage" to property owned by, other than a partnership, joint ventLae or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. W,)wever: Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you ac.quire. Paragraphs a. through f. below are additional or form the organization or the end of the insureds when. you have agreed, in a written polloy period, whichever is earlier; and Form SS 00 08 04 05 Pago I I of 24 1111111 1111111 IIII IIIIIIIIIIIII Illlllltllllllltllllllll11lllll11111111111 IN ...__.,_* BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (a) Any failure to make Such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as ail additional insured on your agreed to make or normally policy, provided the Injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; Insured under this provision. only for that Demonstration, Installation, period of time required by the contract, servicing or repair operations, agreement or, permit, except such operations performed However, no such person or organization Is an at the vendor's premises in additional Insured tinder this provision if such connection with the sale of the person or organization Is included as an product additional Insured by an endorsement issued Products which, after distribution by us and Made a part. of this Coverage Part-, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional Insureds under, the specific container, part or Ingredient of any additional insured coverage grants In Section other thing or substance by or for F, -. Optional Additional Insured Coverages, the vendor: or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to darnagell arising out of the sole below as vendor), but only with respect to negligence of the vendor for its "bodily Injury" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyorle else or sold in the regular course of the vendor's acting oil its behalf, However, this business and only if this Coverage Part exclusion does not apply to: provides coverage for "bodily Injury" or (I) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f): or "products -completed operations hazard", (It) Such Inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily Injury" or "properly or sale of the products, damage" for which the vendor: is obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from whorn you have acquired such products, liability in a, contract or agreement. This exclusion does not apply to or any Ingredient, part or container, liability for damages that the entering into, accompanying or vendor would have I;) the absence containing such products, of the contract or agreement; (b) Any express warranty (1) Any person or organization from unauthorized by you; wharn you lease equipment; but only (c) Any physical or chemical change with respect to their liability for "bodily ,property In the product, made intentionally injury", damage" or "personal by the vendor; and advertising injury" caused, in whole or in part, by your (d) Repackaging, except when Maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization, or the substitution of parts under instructions from the manufacture r, and then repackaged in the original contalner; Page 12 of 24 Form " 00 08 04 06 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded o. Permits Issued By State Or Political to these additional Insureds, this Subdivisions Insurance does not apply to any "Occurrence" (4) Any state or political subdivision, but which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Promises which the state or political s(,Il:)dIvisIon (1) Any person or organization from has issued a perrnit, whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or, premises (a) "Bodily Injury", "prop" damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to, municipality: or (a.) Any "occurrence" which takes (b) "Bodily injury" or "prop" damage" place after you cease to lease that included within the "products - land or be a tenant in that completed operations hazard", premises; or f. Arty Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is riot an insured under Paragraphs a. operations performed by or on through e, above, but only with behalf of such person or respect to liability for "bodily injury", organization "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf. and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts, or omissions of those acting on (b) In connection with your premises your behalf. owned by or rented to you; or (a) In connection with your prernises; (c.) In connection with "your work" and or included within the "products - (b) In the performance of your completed operations hazard", but ongaing operations performed by only if you or on your behalf. (I) The written contract or written (2) With respect to the insurance afforded agreernent requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured-, and This insurance does not apply to (Ii) This Coverage Part provides "bodily injury", "property damage" or coverage tear "bodily injury" or "Personal end advertising injury" "property dernage" included arising out of the rendering of or the within the 11 products - failure to render any professional completed operations hazard". services by or for you, includincj; (2) With respect to the insurance affi:)rd.ed (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, Insurance does not apply to: wraps, shop drawings, opinions., "Bodi(y injury", "property damage" or reports, surveys, field orders, '. personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including. actfvitles. Form SS 00 08 04 05 Page 13 of 24. 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 m,00026..,.01010/0' BU$INE SS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings andapecifications; or (b) Supervisory, Inspection, architectural or engineering activities., The limits of Insurance that. apply to additional insureds are described in Section 0. - Limits Of Insurance, How this insurance applies when other Insurance is available to an additional Insured is described in the Other Insurance Condition in Section e. - Liability And NfledIcal Expenses General Conditions, No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that Is not shown as a Named Insured in the Declarations. D. LIAISILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1- The Mostwe Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds; b. Claims made or "suits" brought; or c. Persons ororganizafions making claims or bringing "suits". 2. Aggregate Limits, The most: we will pay for; a. Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown In. the Declarations, b, Damages because, of all other "bodily Injury", "Property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit. shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means prernises involving the. same or connecting fats, or pren.)Ises whose connection is interrupted only by a street, roadway or riqlit�of-way of a railroad. Page 14 of 24 This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion, 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "t)odlly Injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations, The most we will pay for all medical expenses because of "bodily Injury" sustained by any one person Is the Medical Expenses Limit shown in the Declarations.. 4. Personal And Advertising Injury Limit Subject. to Z.b. above, the rnost we will pay for the sum of all damages because of all ,"personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. S. Damage To Prem lees Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you car temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these, S. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who Is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits Of Insurance shown in the Declarations. Such amount shall be a part of and riot in addition, to the Limits of Insurance shown in the Declarations and described in this Section, Form SS 00 08 04 05 iAuuiimuuuiid1imd111iiuuauiuuwiiuiuuifliii11uii11111111111 -CYB02BO11000259/19/2910/010/0' If more than one limit of insurance under this policy and any endorsements . attached thereto applies to any claim or "suit", the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit". However, this paragraph does not: apply to the Medical Expenses limit: set forth In Paragraph 3. above.. The Limits of Insurance of this: Coverage Part. apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown In the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In, that ease, the additional period will be deemed part of the last preceding period for purposes of determining the Limits sof Insurance. E. LIABILITY AND MEDICAL. EXPENSES GENERAL CONDITION 'T, Bankruptcy Bankruptcy or insolvency of the insured. or of the insured's estate will rept relieve us of our obligations under this Coverage Part. 2. Duties In Tf,ke, Event Of Occurrence, Offense, Claim Or Suit a, Notice Of Occurrence Or Offense You or any additionai insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in ;na claim, To the extent possible, notice should include; (1) How, when and where the "occurrence" or offense took place; (2:) "The names and addresses of any Injured persons and witnesses, and (3) The nature, and location of any injury or damage arising out of the "occurrence" or offense. b, Notice Of Claim If a claim is made or "suit' is brought against any insured, you or any additional Insured must;. (1) Immediately record the specifics of the claim or "suit" and the date received.; and () Notify us as soon as practicable, You or any additional insured must see to It that we receive a written notice of the claim or "suit" as soon as pracl€c;ables, c. Assistance And Cooperation Of The Insured Youand any other Involved Insured must: Form SS 00 08 04 06 BUSINESS LIABILITY COVERAGE ` POTaM (1) Immediately send us copies of any demands, notices:, summonses or legal papers received in connection with the claim or 1'suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the Investigation, settlement of the: ciairn or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement: of any right against any person or organization that may be liable to the insured because of injury or damages to which this insurance may also apply. d. Obligations At The Insured's Owri Cost No insured will, except at that insured's awn asst, voluntarily make a payment, assume any obligation, or Incur any expense, other than for first aid, without our carisent. er Additional Insured's Other insurance If we over a claim or "Malt" under this Coverage part that may also be covered by other insurance available to an additional insured, such additional insured roust submit such claim or "suit" to the other Insurer for defense and. indemnity, However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this Insurance Is primary and non-contributory with the additional insured's awn insurance,. f'.. Knowledge Of An Occurrence, Offenses, Claim Or Suit Paragraphs a. and b. apply to you or to any additional Insured only when such "Occurrence", offense, claim or "suit" is known to: ('t) You or any additional insured that is an individual: (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation: (6) Any trustee, if YOU or an additional insured is a. trust, or () Any elected or appointed official, if you or an additional insured is a political subdivision or public entity, Page 15 of 24 111111111111111 IP 111111111111111111111111111111 11u 111111111111111111111111111111111 w.._.m__. BUSINESS LIABILITY COVERAGE FORM This Paragraph C applies separately to (3) We have issued this policy In reliance you and any additional insured, upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this, policy is certified as proof of Hazards financial responsibility for the future Linder If unintentionally you should fall to disclose the provisions of any motor vehicle all hazards relating to the conduct, of your financial responsibility law, the insurance business at the inception ciate of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance Insurance required by that law. b. With respect to "mobile equipment." to If other valid and collectible insurance is which this insurance applies, we will available for a loss we cover under this provide any liability, uninsured motorists, Coverage Part, our obligations are limited as underinsured motorists, no-fault: or other follows: Coverage required by any motor vehicle a, Primary Insurance law. We wilt provide the, required, limits for This Insurance is primary except when b. those coverages.. below applies, if other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Form: below. a. To join us as a party or otherwise bring us b. Excess Insurance Into a "suit" asking for damages from an This insurance is excess over any of the Insured', or other Insurance, whether primary, excess, b, To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work wlth That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or Cin an agreed settlement or on a final judgment similar coverage for "your work": against. an Insured; but we will not be liable for (2) Promises Rented To You darn ages that are not payable under the terms of this insurance that in the That Is fire, lightning or explosion or are excess of applicableinsurance limit of insurance:. An agreed f6r prernises rented to you settlement means a settlement and release of or ternpor-arily occupied by you with liability signed by us, the Insured and the permission of the owner; (,Wri-iant or the clairt'iant's legal representative, (3) Tenant Liability S. Separation Of Insureds That Is Insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned "property darnage" to prernises rented In this policy to the first Named Insured, this to you or temporarily o=upied by you insurance applies: with permission of the owner; a. As If each Named Insured were the only (4) Aircraft, Auto Or Watercraft Named Insured-, and If the loss arises out of the rnainteriance b. Separately to each Insured against whom or use of aircraft, "autos,, or watercraft to a claim is made or "suit" is brought. the extent not subject to Exclusion V. of 6. Representations Section A. — Coverages.. a. When You Accept This Policy (5) Property Damage To Borrowed EQuIPMent Or Use Of Elevators By accepting this policy, you. agree:: If the loss arises out of "prop" (1) The statements in the Declarations damage" to borrowed equipment or are accurate andd complete, th(1- use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. — representations, you made to us-, and Coverages. Page 16 of 24 Form SS 00 08 04 05 iiiiiuuuuiuuiiiumumnuiuiuiouuuuimdmuiisuii111111111111111111111111111111111 -CYB02BO11000259121/29/0101010* (6) When You Are Added As An Additional Insured To Other Insurance "chat: Is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or. (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional Insured. However, the following provisions apply to other insurance available to any person or organization who is an additional Insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or, permit that this insurance be primary. If other insurance. is also primary, we will share with all that other insurance, by the method described in c. below. (b) Primary And. Non ­Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is prirnary and non-contributory with the additional insured's own insurance, this insurance is prism" and we will not seek contribution from that other insurance, Paragraphs (Aand (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this innsorance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the Insured against that "suit". If no other insurer defends, we will undertake to do so, Out we will be entitled to the. Insured's rights againstall those other insurers. Form SS 00 08 04 06 BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other Insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, If any, with any other Insurance that is not described in this Excess Insurance provision and was not, bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Shariing If all the other Insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of Insurance or none of the loss remains, whichever comes first If any of, the other insurance does not permit contribution by equal shares, we will contribute by limits, Under this method, each insurer's share is based on the ratio of Its applicable limit of insurance to the, total applicable limits of insurance of all insurers, Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those right,-,- are transferred to us. The insured must, do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce there. This condition does riot apply to Medical Expenses Coverage, lb. Waiver Of Rights Of Recovery (Waiver Of Subragatio") If the insured has waived any rights of recovery against any person or organization for all or Part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage, Page 17 of 24 iiuuiruim1111uummiuruiiuiuiiiuuiufliuuwiuuuiiiIH 1111111111 HI 1111 _._25912w_.. BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGE$ If listed or shown as applicable In the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds. When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown In the Declarations, These coverages are subject. to the terms and conditions applicable to Business Liability Coverage In this policy, except as provided below: 1, Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your t)ehalf: a. In the performance of your ongoing operations; or b, In connection with Your premises owned by or rented to you, 2. Additional Insured - Managers Or Lessors Of Promises a. WHO IS AN INSURED under Section C. Is amended to include as an additional insured the per'son(s) or organization(s) shown In the Declarations as an Additional Insured - Designated Person Or Organization; but only with respect to liability arising out of the, ownership, maintenance 01"use of that part of the premises leased to you and shown in the Declarations, b, With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence'* which takes lAace after you cease to be a tenant in that prernises,,r or (2) Structural alterations, now construction or demolition operatlons performed by or on behalf of such person or organization. Page 18 of 24 3. Additional Insured - Grantor Of Franchise WHO IS AN INSURED under Section 0. is amended to Include as an additional Insured the person(s) or orqanlzatlon(s) shown In the Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you, 4. Additional Insured - Lessor Of Leased Equipment WHO IS AN INSURED under Section C. Is amended to Include as an additional insured the person(s) or organ Ization(s) shown in the Declarations as an Add itiona I insured — Lessor of Leased Equipment, but only with respect to liability for "bodily Injury", "property darrtageTl or "person -al and advertising injury" caused, In whole or in part, by your maintenance, operation or use of equipment leased to You by such person(s) or organ lzatlon (s), b, With respect to the Insurance afforded to these additional Insureds, this Insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment 6, Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased a. WI -10 IS AN INSURED under Section C. is amended to include as an additional Insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations, b. With respect to the insurance afforded to these additional Insureds, the following additional exclusions apply: 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 such person or organization, S. Additional insured - State Or Political Subdivision — Permits WHO IS AN INSURED under Section G. is amended to include as an additional insured the state or political Subdivision shown in the Declarations as an Additional Form SS 00 08 04 05 imiuuuuiuuiiumuuuuiamuiiuimuuumuin11uui11111111111111111111111111111 _._„r9/2312910/0/.. BU$tNESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments., tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to rnake or normally undertakes to sul3divisfan has Issued a permit. make in the usual course of lb. With respect to the insurance afforded to business, in connection with the these additional Insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing -or repair operations, (1) "Bodily Injury", "property damage" or except such operations performed "personal and advertising injury" at the vendor's premises in arising out of operations performed for connection with the safe of the the state or municipality; or product: (2) "Bodily Injury" or "property damage" (g) Products which, after distribution included in the "product -completed or sale by you, have been labeled operations" hazard. or relabeled or used as a container, part or ingredient of any 7. Additionaltasurea—Vendors, other thing or substance by or for a.. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily injury" Or "Property Insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the, negligence of the vendor for Its Declarations as an. Additional Insured - Own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf, However, this "your products" which are distributed or, exclusion does not apply to: sold in the regular course of the vendor's (t) The exceptions contained in business and only if this Qoverage Part "bodily Subparagraphs (d) or (f); or provides coverage for injury" or "property damage" included within the (11) Such inspections, "Products -completed operations hazard".. adjustments, tests or servicing b. The insurance afforded to the vendor is as the vendor has agreed to subject to the following additional exclusions make or normally undertakes to make in the usual course of (1) This insurance does not apply to business. In connection with (a) "Bodily injury" or "properly the distribution or sale of the damage" for, which the vendor is products, obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or Organization from liability in a. contract or agreen-tent. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products, (b) Any express warranty 8, Additional Insured — Controlling Interest unauthorized Oy you; WHO IS AN INSURED under Section C. is (c) Any physical or chernical change aMended to Include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repadaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of Inspection, their liability arising out of; demonstration, testing, or the a. Their financial control of you; or substitution of parts under .13. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 TY1302D01 /000269124129/010/010* BUSINESS LIABILITY COVERAGE FORM This insurance does not, apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. - Limits Of operations performed by or for that person or Insurance, organization. Flow this Insurance applies when other insurance 9. Additional Insured - Owners, Lessees Or is available to an additional insured is described in Contractors - Scheduled Person Or the Other Insurance Condition in Section E. - Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C., is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organ ization (s) DIEFINITIONS shown. In the Declarations as an Additional Insured - Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of Information or images that injury", property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in, whole or products or services through: In part, by your acts or omissions or the a. (1) Radio; acts or omssions of those acting on your (2) Televislon; (1) In the performance of your ongoing (3) Billboard; oper,qtJons for the additional (4) Magazine; lnsured(s);. or (5) Newspaper; (2) In connection with "your work." b. The Internet, but only that part of a web performed for that additional Insured site that Is about goods, product,-, or and Included within the "products- services for the purposes Of Inducing 010 completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution, "property damage." included within the. However, "advertisement" does not include: products -completed operations hazard". a, The design, printed material, Information b. With respect to the insurance afforded to or Images contained In, an or upon the these additional insureds, this Insurance packaging or labeling of any goods or products; or does not apply to "bodily injury", "property damage" or "pers nal an advertistng b. An interactive conversation between or injury" arising out of the rendering of, or among persons through a computer network, the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying °` advertisement", services, Including-. 3, "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat Of eXPOSUre to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form, field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or; sums -trailer designed for travel on public (2) Supervisory, Inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co -Owner Of Insured mobile equipment", Prernises S. "Bodily injury" means physical, WHO IS AN INSURED under Section C. Is a. Injury; amended to include as an additional insured b. Sickness., or the person(s) or Organization(s) shown in the Declarations as an Additional Insured — Co - c� Disease Owner Of Insured. Premises, but only with sustained by a person arid, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations, 6. "Coverage territory" means: Page 20 of 24 Form, SS 00 08 04 05 *CYB02B01 1000259/26129/0/0/010* a. The United States of America (including its territories and possessions), Puerto Rico and Canada; 15, International waters or airspace, but only If the injury or damage occurs in the course of travel or transportation between any places included in a, above; c. All other pails of the world If the injury or, damage arises out of: (1) Goods or products made or sold by you in the territory described in a, above: (2) The activities of a person whose home Is in the territory described in a. above,. but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America. (including its territories and possessions), Puerto Rico or Canada, in a "stilt" on the merits according to the substantive law in such territory, of in a Gettlerrient. we, agree to, "Electronic data" means information, facts or programs. a, Stored as or on, b. Created or used on; or c. Transmitted to or from computer software, including systerns and applications software, hard or floppy disks, CD-ROKAS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment, S. "Employee" includes a "leased worker", "Employee!' does not Include a "temporary worker", 9. "Executive, officer" means a person holding any of the officer positions created by your charter, constitution, by. -laws or any other similar governing document, 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be, 111. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be osed. or is less useful beCaLlSe: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous: or Form SS 00 08 04 06 BUSINESS LIABILITY COVERAGE FORM b. You have failed to fulfill the terms of a contract or agreement: if such property can be restored to use by: a, The repair, replacement, adjustment or removal of "your product" or "your work"; or lo< Your fulfilling the terms of the contract or agreement. 12. "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 darnage by fire, Ilghtning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented 'To You limit described In Section 0. — Liability and Medical Expenses- Limits of insurance, b. A sidetrack agreernent; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance. to indemnify a municipality, except in connection with work for a municipality, - e, An elevator maintenance agreement; or f, That part of any other contract or agreement. pertaininq , 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 ororgainIzation, provided the *'bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law In the absence of any contract or agreement, Paragraph f. includes that part of any contract or agreement that indemnities a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing, However, Paragraph f. does not include that part of any contract or agreement; Page 21 of 24 I11IIIIIAI II IIIII11I II 111111 Illlfllllll 1111111 IIII IIIYIIII11111111111111 -CYB02B01/000259/26/29/0/0/010* BUSINES$ LIABILITY COVERAGE FORM (1) That Indemnities 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, designs or drawings and specifications,,. or (b) Giving directions or Instruotions, or failing to give them, If that is the primary cause of the injury or damage: or (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 (1) above and supervisory, Inspection. architectural or engineering activities, 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a 11terinporary worker". -94. "Loading of, unloading" niearis the handling of property. 0, , After it. Is moved. from the place where it is accepted for movement. into or onto an aircraft, watercraft or "auto'; b. While. it, Is in or on an aircraft, watercraft or "auto",, or c. While it is being moved from an aircraft, watercraft, or "auto." to the place where it is finally delivered: but "loading or unloading" does not Include the moverrient of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto"". '16. "Mobile equipment" means any of the following types of land, vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles. designed. for use principally off public roads; b. Vehicles maintained for use Solely on Or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not. on which are permanently rricunted; Page 22 of 24 (1) Power cranes, shovels, loaders, diggers or drills-, or (2) Road construction or resurfacing equipment such. as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types'. (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment*, or (2) Cherry pickers and similar devices used to raise or lower workers; f, Vehicles not described In a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are riot "mobile equipment' but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing-, or (a) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmfut conditions, 17. ".Personal and advertising Injury" means Injury, Including consequential "bodily injury", arising out of one or rnore of the following offenses:. a. False arrest, detention or Imprisonment; b. Malicimts proSeC.Utl0n, Form SS 00 08 04 05 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111IUIIIIIII111111111111111111111 _,d,_,._ BUSINESS LIABILITY COVERAGE FORM a. The wrongful eviction from, wrongful entry Work, that may need service, maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a, room, dwelling or which Is otherwise complete, will be prennises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily- injury" or "property damage" landlord or lessor: must occur away from promises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person'ss or product" for consumption on premises you organization's goods, products or services; own or rent, e. Oral, written or electronic publication of b. Does riot include "t)odily injury" or material that violates a person's right of "property damage"' arising out of: privacy; (1) The transportation of property, unless f. Copying, In your "advertisement", a the injury or damage arises out of a person's or organization's "advertising condition In or on a vehicle not. owned idea" or style of "advertisement"; or operated by you, and that condition 9. Infringement of copyright, slogan, or title of was created by the "loading or any literary or artistic work, in your unloading" of that vehicle by any lladvertisement'% or insured; or In, Discrimination or humiliation that results in (2) The existence of tools, uninstalled Injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials. 10. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage" means: thermal Irritant or contaminant, Including smoke, a. Physical injury to tangible property, vapor, soot, furnes, acid*, alkalis, chemicals and including all resulting loss of use of that waste. Waste includes materials to be recycled, property. All such loss of use shall be reconditioned or reclaimed, deemed to occur at the tin*ke of the 10. ""Products -completed operations hazard"; physical injury that caused it: or a., Includes all "bodily injury" and "property b. Lose Of Use of tangible property that is not darnage" occurring away from premises physically injured. All such loss Of use you own or rent and arising out of "your shall be deemed. to occur at the time of product" or "your work" except: " orcurrence" that caused it. (1) Products that are still in your physical As used in this definition, "electronic data" is possession; or not tangible property, (2) Work that has not. yet been completed, 21. "Suit" means a civil proceeding in which or abandoned. However, "your work" damages because of "bodily injury", „property will be deemed to be completed. at the damage" or "personal and advertising injury'* earliest of the following times: to which this Insurance applies are alleged. (a.) When all of the work called for in "Suit" includes: your contract has been completed, a. An arbitration proceeding in which such (b) When ali of the work to be done at damages are claimed and to which the the job site has been completed if insured must submit or does submit with your contract calls for work at our consent; or more than one job site. b. Any other alternative dispute resolution (c) When that part: of the work done at proceeding in which such damages. are a job site has been put. to Its claimed and to which the insured submits intended use by any person or with our consent, organization other than another 22. "Temporary worker" means a person who Is contractor or subcontractor furnished to you to substitute for a permanent working an the same project, "employee" on leave or to meet seasonal or short-term workload conditions, 23. "Volunteer worker" means a person who: a. Is not your "employee"; Form SS 00 08 04 05 Page 23 of 24 uimwiui111isiiuiuimsuiuniiuinuoiu111iuiiuiuiuii1111111111111111111 IN m..._025_.,_ BUSINESS LIABILITY COVERAGE FORM b. Poriates his or her work: 0. Acts at the direction of and within the scope of duties determined by you, and dl. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you, 24. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You, (b) Others trading under your name, or (c) A Person Of organization whose business or assets you have acquired; and (2) Containers (other than vehicles), rnateri,als. parts or equipment furnished in connection with such goods or products, b, Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product,"; and Page 24 of 24 (2) The providing of or failure to provide warnings or Instructions, c, Does not Include vending machines or other property rented to or located for the use of others but not sold. 25. "Yourwork": a. meanse (1) Work or operations performed by , you or on your behalf, and (2) Materials, parts or equipment furnished in connection With such work or operations, 1). lncludes: (1) Warranties or representations made at any time with respect to the fitness, quality, duratAlty, performance or use of "Your work"; and (2) The providing of or failure to provide warnings or instructions. Form SS 00 08 04 06 111111111111111111111111111111111111111111111111111111111111111111111111111111111 (3Y._,._..,.,._