LICENSE AMENDMENT NO. 3
PROJECT: Alameda Point
LICENSE AREA: 641 West Red Line Avenue, Alameda, CA
LICENSOR: The CITY OF ALAMEDA, a charter city and
municipal corporation
LICENSEE: AMBER KINETICS, INC., a California corporation LICENSE DATE: April 1, 2014, for reference purposes only This Amendment No. 3 to the License ("Third Amendment"), is dated as of I <AElfe2020 for reference purposes only, and is entered into by and between the CITY OF ALAMEDA, a charter city and municipal corporation ("Licensor"), and AMBER KINETICS, INC., a California corporation ("Licensee").
NOW, THEREFORE, in consideration of the foregoing and of their mutual covenants contained herein, the parties hereby agree as follows:
1. Background. Licensor and Licensee entered into a License Agreement dated April 1, 2014 for reference purposes only, as amended by that certain First Amendment to License Agreement dated as of January , 2016 (undated), and that certain Second Amendment to License Agreement dated as of February 14,2018 (collectively, the "License"), for a certain area described therein and referred to as 641 West Red Line Avenue, Alameda, California ("License Area").
Licensor and Licensee desire to extend the License on the same terms and conditions set forth in the License,exceptto the extentmodifiedin thisThird Amendment. Capitalizedterms used in thisThirdAmendmentwithoutdefinitionshallhave the same meaninggivento such terms in the License.
2. Term. The term of theLicenseis herebyextendedfrom May 4, 2020("Extension CommencementDate") for an additional twelve (12) months ("Extension Term") effective as of the date that thisThird Amendmentis approvedby the AlamedaCity Council (estimatedto be , 2020).
3. Option to Extend.
A. Licensee shall have one (1) option ("Extension Option") to extend the term of License for a period of twelve (12) months ("Extension Term"). The Extension Term shall be subjectto approvalby the CityManagerfor the Cityof Alamedain his or herreasonablediscretion.
Licenseeshallexercisethe ExtensionOption,if at all, bywrittennotice("ElectionNotice")from Licenseeto Licensor,given not more than six (6)months nor less thanthree (3) monthspriorto expiration of the then current Term. Any such notice given by Licensee to Licensor shall be irrevocable.If Licenseefails to exercisetheExtensionOptionin atimelymanneras providedfor above, the Extension Option shall be void.
DocuSign Envelope ID: 87532648-9872-43D8-B2EA-923D9A41FACF B. If Licenseeexercisesthe ExtensionOption,the Termshall beextendedfor an additionalperiod of twelve (12) months upon the same terms and conditionsset forth in the License,as herebyamended,exceptthat the fee for use and occupancyof the LicenseArea shall be as set out in Section 4.
4. Fee. Effective as of Extension Commencement Date, the fee for Licensee's use and occupancyof theLicenseArea shall be ThreeThousandEightHundredand 00/100Dollars ($3,800.00) per month.
5. Prevailing Wage. Licensee acknowledges that the Premises are within a public building and, as such, alterations, improvements or additions ("Alterations") are subject to the payment of prevailing wage under the provisions of the California Labor Code. To the extent any such work is subject to prevailing wage requirements, the following shall apply:
A. Licensee shall and shall cause its contractors and subcontractors to: pay prevailing wages in the construction of any Alterations as those wages are determined pursuant to Labor Code Sections 1720 et seq.; employ apprentices as required by Labor Code Sections 1777.5 et seq.; and comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq., 1810-1815 and the implementing regulations of the Departmentof IndustrialRelations(the "DIR") for all such Labor Codesections.
B. Licensee shall indemnify,hold harmless and defend (with counsel selected by Licensor), to the extent permitted by applicable law, Licensor, its councilmembers, commissioners,officials,employeesand agents, against any claim for damages, compensation, fines,penaltiesor otheramountsarisingoutof thefailureor allegedfailureof anypersonor entity (includingLicensee,or itscontractorsor subcontractors)to pay prevailingwages as determined pursuantto LaborCode Sections1720 et seq.,tohire apprenticesinaccordancewith LaborCode Sections1777.5et seq.,orto complywiththeotherapplicableprovisionsofLaborCode Sections 1720etseq., 1725.5,1771,1771.1,1771.4,1776,1777.5etseq.,1810-1815and the implementing regulationsofthe DIR inconnectionwith any Alterationstothe LicenseArea. The provisionsof this Section 5.B shall survive termination of the License.
6. Delivery of Possession. Licensee hereby agrees that the License Area shall continue to be licensed in its "AS-IS" condition, and Licensor shall have no obligation to make any repairsormodificationstothe LicenseArea. Licenseeacknowledgesand agreesthatLicensor has made no representationsor warranties regarding the License Area, including, without limitation, its suitability for Licensee's use.
7. Citv Council Approval. Licensee acknowledgesthat this Third Amendmentis subjectto approval by the City Council for the City of Alameda,and review and approvalby Licensor of Licensee's financial condition.
8. City's Authority. Licenseefurther acknowledgesthat Licensor is entering into this Licenseinits proprietarycapacityand not inits regulatoryorgovernmentalcapacity. Nothingin this Licenseshall be construedas restraining,impairingor restrictingthe City ofAlamedain its regulatorycapacity,or grantingany rights upon Licenseewith respectto the use, occupancyor operationofthe LicenseArea ina mannerinconsistentwith any Laws orapplicablerequirements.
DocuSign Envelope ID: 87532648-9872-43D8-B2EA-923D9A41FACF
9. Brokers. BothLicensorand Licenseeacknowledgethat Cushman& Wakefieldof California,Inc. ("Licensor'sBroker")is Licensor'sexclusivebrokerandthat no otherreal estate brokeroragentisentitledto orcan claima commissioninconnectionwiththis License.Licensor shall pay a commissionto Licensor'sBrokerper Licensor'sagreementwith Licensor'sBroker.
Licensee and Licensor each represent and warrant to each other that no other broker has representedeitherofthem or isotherwiseentitledto acommissionor fee in connectionwith the transactionscontemplatedinthis ThirdAmendment. Each partyherebyindemnifies,defendsand holdstheotherpartyharmlessfrom allloss,costand expense(includingreasonableattorneys'fees) arising out of a breach of its representationset forth in this Section9. The provisionsof this Section 9 shall survive the termination of the License.
10. Inspection by Certified Access Specialist. Licensor discloses that the License Area has not undergone inspectionby a CertifiedAccess Specialistas referenced in California Civil Code Section 1938 subsection (e) which provides: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant.
The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." Pursuant to the foregoing Section 1938(e), Licensee acknowledges and agrees that, if Licensee wishes to have the License Area inspected by a CASp: (i) Licensee must notify Licensor on or before the date when Licensee executes this Third Amendment pursuant to the election below; (ii) the inspection will be at Licensee's sole cost and expense; (iii) the inspection must be scheduled through Licensor and in coordination with the building's property manager; (iv) any repairs or modificationsnecessaryto correctany violationof construction-relatedaccessibilitystandardsthat is noted in the CASp report shall be Licensee's responsibility;and (v) Licensee must provide a copyof the CASpreportto Licensoron completion. By initialingbelow,Licensee representsthat:
Licenseewishesto havea CASpinspectionof theLicenseArea- Initials:
Licensee waives its right to have a CASp inspection of the Premises - Initials:
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK]
DocuSign Envelope ID: 87532648-9872-43D8-B2EA-923D9A41FACF
11. Ratification:Miscellaneous.Exceptas modifiedby thisThird Amendment,inall otherrespectstheLicenseis herebyratifiedand affirmedandremainsin full forceandeffect. This Third Amendment may be executed in one or more counterparts.
IN WITNESSWHEREOF,the undersignedhaveexecutedthisThirdAmendmentas ofthe dayandyear firsthereinaboveset forth.
LICENSOR:
City ofAlameda,
a chartercity an<
LICENSEE:
AMBER KINETICS, INC.,
icioalcorporation a Californiacorporation
City Manaj
Date: yiii/M
Approval as to Form
Lisa NeIsor(Maxwell
Assistant City Attorney
Recommended fo Approval
Bv: Mfbll fottefr
Debbie Potter
Community Development Director
By:
Name: MatthewKSenesky
Irt&ttiUwAS* >UPbdA*£.
Title: GeneralManager.AmberKineticsUSA
Date: 05/05/2020
By:
Name: EdwardChiao
Title: President&ChiefCommercialOfficer
Date: May 6.2020
DocuSign Envelope ID: 87532648-9872-43D8-B2EA-923D9A41FACF ACORE? CERTIFICATEOF LIABILITYINSURANCE
DATE (MM/DD/YYYY)
10/3/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 160 West Santa Clara Street Suite 300
San Jose CA 95113
License*: 0726293
CONTACT
NAME:
[a/cNno Ext)- 408-973-9500 ™, No): 408-257-2985
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC#
insurer A: Atlantic Specialty Insurance Company 27154
INSURED AMBEKIN-01
Amber Kinetics Inc
32920 ALVARADO NILES RD STE 250
Union City CA 94587
insurer b: Illinois Union Insurance Company 27960
insurer c : Peleus Insurance Company 34118
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 214609592 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY 711-01-68-90-0000 10/4/2019 10/4/2020 EACH OCCURRENCE S 1,000,000 CLAIMS-MADE | X | OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence) $1,000,000
MED EXP (Any one person) $10,000
PERSONAL & ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY | |jPERCT | |LOC
OTHER:
PRODUCTS - COMP/OP AGG $2,000,000
$
A AUTOMOBILE LIABILITY 711-01-68-90-0000 10/4/2019 10/4/2020 COMBINED SINGLE LIMIT (Ea accident) $1,000,000
X
X
ANY AUTO BODILY INJURY (Per person) $
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY X
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
(Per accident) $
s
A X UMBRELLA LIAB
EXCESS LIAB
X OCCUR
CLAIMS-MADE
711-01-68-90-0000 10/4/2019 10/4/2020 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000
DED RETENTIONS $
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY y; N
ANYPROPRIETOR/PARTNER/EXECUTIVE I 1
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
PER
STATUTE
OTH
ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
B
c
Contractors Pollution Liability
Directors & Officers
CPYG71747967 001
CDO4209930-1
10/4/2019
9/26/2019
10/4/2020
9/26/2020
Limit
Limit
$1,000,000
$1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of Insurance . i
CERTIFICATE HOLDER CANCELLATION
Evidence of Insurance
I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) DocuSign Envelope ID: 87532648-9872-43D8-B2EA-923D9A41FACF ACORDf CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY)
6/24/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). name?°T Risk ManagementDepartmentPRODUCER
Commercial Lines - (305) 443-4886
USI Insurance Services LLC
2601 South Bayshore Drive, Suite 1600
Coconut Grove, FL 33133
INSURED
TriNet HR lll-A, Inc.
L/C/F Amber Kinetics, Inc.
9000 Town Center Parkway
Bradenton, FL 34202
gg&. e^ 066-443-8489
-MAIL
ADDRESS; [email protected]
INSURER(S)AFFORDING COVERAGE
(A/C. No); 800-889-0021
insurer a ; ACE American Insurance Company 22667
COVERAGES CERTIFICATE NUMBER: 14338556 REVISION NUMBER: See below
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE
ADDL
INSP
SUBF
WYP POLICY NUMBER
POLICY EFF
(MM/DD/YYYYl
POLICY EXP
(MM/DD/YYYY> LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S
CLAIMS-MADE | | OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
MEO EXP(Anyone person) S
PERSONAL & ADV INJURY S
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY | |J^T |__| LOC
OTHER:
PRODUCTS - COMP/OP AGG $
s
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident) s
ANY AUTO BODILY INJURY (Per person) s
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
BODILY INJURY (Per accident) s
PROPERTY DAMAGE
(Per accident) s
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-MADE
EACH OCCURRENCE s
AGGREGATE s
DED RETENTIONS s
A
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY Y/N
ANYPROPRIETOR/PARTNER/EXECUTIVErZTOFFICER/MEMBEREXCLUDED? N (MandatoryInNH) ' '
If yes. describe under
DESCRIPTION OF OPERATIONS below
N/A
WLR_C66110916 7/1/2019 7/1/2020 X PER
STATUTE
OTH
ER
E.L. EACH ACCIDENT $ 2.000,000
E.L. DISEASE • EA EMPLOYEE s 2,000,000
E.L. DISEASE - POLICY LIMIT s 2,000,000
DESCRIPTIONOFOPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101,AdditionalRemarks Schedule, may be attachedif more space is required) Workers'Compensationcoverage is limitedto worksiteemployees of AmberKinetics,Inc.througha co-employmentagreement with TriNetHRlll-A, Inc.
CERTIFICATE HOLDER CANCELLATION
Amber Kinetics, Inc.
32920 Alvarado-Niles Road
Union City, CA 94587
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
The ACORDname and logo are registered marks of ACORD © 1988-2015ACORDCORPORATION.Allrights reserved.
Ill •CYB03/£4/002766m2/02/Q/0/0/0'
DocuSign Envelope ID: 87532648-9872-43D8-B2EA-923D9A41FACF ACORCf EVIDENCE OF COMMERCIAL PROPERTY INSURANCE
DATE (MM/DD/YYYY)
10/9/2019
THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONALINTERESTNAMED BELOW.THIS EVIDENCEDOES NOT AFFIRMATIVELYOR NEGATIVELYAMEND, EXTENDORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTEA CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZEDREPRESENTATIVEOR PRODUCER,AND THE ADDITIONALINTEREST.
PRODUCER NAME,
CONTACT PERSON ANDADDRESS
Arthur J. Gallagher &Co. Insurance Brokers of CA., Inc. 160 West Santa Clara Street Suite 300
San Jose, CA 95113
£££^1:408-257-2985
AGENCY
CUSTOMER ID #:
8815. p*v408-973-9500
E-MAIL
ADDRESS:
SUB CODE:
NAMED INSURED AND ADDRESS
Amber Kinetics Inc
32920 ALVARADO NILES RD STE 250
Union City, CA 94587
ADDITIONAL NAMED INSURED(S)
License**: 0726293
COMPANY NAME AND ADDRESS
Atlantic Specialty Insurance Company
One Beacon Lane
Canton, MA
NAICNO:27154
IF MULTIPLECOMPANIES, COMPLETE SEPARATE FORM FOR EACH
POLICY TYPE
LOAN NUMBER
EFFECTIVE DATE
10/04/2019
EXPIRATION DATE
10/04/2020
THIS REPLACES PRIOR EVIDENCE DATED:
POLICY NUMBER
711-01-68-90-0000
CONTINUED UNTIL
TERMINATED IF CHECKED
PROPERTY INFORMATION (ACORD 101 may be attached if more space is required BUILDING OR El BUSINESS PERSONAL PROPERTY
LOCATION / DESCRIPTION
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 EVIDENCE OF PROPERTY INSURANCE 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.
COVERAGE INFORMATION PERILS INSURED BASIC BROAD X SPECIAL COMMERCIALPROPERTYCOVERAGEAMOUNTOF INSURANCE: $ 1,781,568 DED:i,000
YES NO N/A
\E\ BUSINESS INCOME RENTAL VALUE X lfYES,LIMIT:275,000 Actual Loss Sustained; # of months:
BLANKET COVERAGE X IfYES, indicate value(s) reported on property identified above: $ TERRORISM COVERAGE X Attach Disclosure Notice / DEC
IS THERE A TERRORISM-SPECIFIC EXCLUSION? X
IS DOMESTIC TERRORISM EXCLUDED? X
LIMITED FUNGUS COVERAGE X IfYES,LIMITms.ooo DED:i,000
FUNGUSEXCLUSION(If"YES",specify organization's form used) X
REPLACEMENT COST X
AGREED VALUE X
COINSURANCE X IfYES, %
EQUIPMENTBREAKDOWN(IfApplicable) X IfYES, LIMIT Included DED ORDINANCEOR LAW - Coverage for loss to undamaged portionof bldg X IfYES, LIMIT DED - Demolition Costs X IfYES, LIMIT DED
- Incr. Cost of Construction X IfYES, LIMIT DED
EARTH MOVEMENT(IfApplicable) X IfYES, LIMIT DED
FLOOD (IfApplicable) X IfYES, LIMIT DED
WIND / HAIL INCL YES NO Subject to DifferentProvisions: X IfYES, LIMIT DED NAMEDSTORMINCL YES NO Subject to DifferentProvisions: X IfYES, LIMIT DED
PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE
HOLDER PRIOR TO LOSS X
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
ADDITIONAL INTEREST
CONTRACT OF SALE
MORTGAGEE
NAME AND ADDRESS
LENDER'S LOSS PAYABLE
CityofAlameda
C/O RiverRock Real Estate Group
950 West Mall Square STE 239
Alameda, CA 94501
LOSS PAYEE LENDER SERVICING AGENT NAME AND ADDRESS
AUTHORIZED REPRESENTATIVE
;x.chj^r\
ACORD 28 (2016/03)
© 2003-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: 87532648-9872-43D8-B2EA-923D9A41FACF Policy Number: 711-01-68-90-0000 COMMERCIALGENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BROAD FORM GENERAL LIABILITY ENDORSEMENT-
TECHNOLOGY COMPANIES
This endorsement modifiesinsurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsementextendscertaincoverages.Thefollowing listingand the headersin this endorsementare onlyfor convenience.Provisionsin this endorsementmight be modifiedby otherendorsements.Readthe entirepolicy carefully to determine rights, duties and what is and is not covered.
A. Section I - Coverages
1. Expected or Intended Injury
(Property Damage)
2. Non-Owned Aircraft and
Watercraft Under 55 Feet
3. Broadened Property Damage -
Rented Premises, Borrowed Equipment and
Use of Elevators
4. Personal and Advertising Injury Exclusions
a. Insureds in Media and
Internet Type Businesses
b. Electronic Chatrooms or Bulletin Boards
5. Medical Payments -
Increased Limits and Time Period
6. Product Recall Expense Coverage
7. Supplementary Payments -
Cost of Bail Bonds and Loss of Earnings
B. Section II - Who is an Insured
1. Broadened Named Insured
2. Additional Insured - Broad Form Vendor
3. Additional Insured -Written Contract,
Agreement, Permit or Authorization
4. Incidental Malpractice by Employed
Physicians, Nurses, EMTs and Paramedics
5. User of Covered Watercraft
6. Newly Acquired or Formed Organizations
C. Section III - Limits of Insurance -
Aggregate Limit Per Location
D. Section IV - Commercial General
Liability Conditions
1. Duties in Event of Occurrence, Offense,
Claim or Suit
2. Waiver of Subrogation When Required by
Written Contract or Agreement
E. Section V - Definitions
1. Bodily Injury - Includes Mental Anguish
2. Coverage Territory - Worldwide
3. Mobile Equipment - Self-Propelled Snow
Removal, Road Maintenance and Street
Cleaning Equipment Less than 1,000 Pounds
Gross Vehicle Weight
Section I - Coverages
1. Expected or Intended Injury (Property Damage)
The following is added to Exclusion 2.a. Expected Or Intended Injury of Section I- Coverages - Coverage A - Bodily Injury and Property Damage Liability:
This exclusion does not apply to "property damage" resulting from the use of reasonable force to protect persons or property.
2. Non-Owned Aircraft and Watercraft Under 55 Feet
a. The following is added to Exclusion 2.g. Aircraft, Auto or Watercraft of Section I - Coverages - Coverage A - Bodily Injury and Property Damage Liability:
This exclusion does not apply to an aircraft that is:
(a) Hired, chartered or loaned with a paid crew; and
(b) Not owned by any insured.
b. The following replaces Exclusion 2.g.(2)(a) of Section I- Coverages - Coverage A - Bodily Injury and Property Damage Liability:
(a) Less than 55 feet long; and
VCG207 0618 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright 2017, OneBeacon Insurance Group LLC
E-INSURED
DocuSign Envelope ID: 87532648-9872-43D8-B2EA-923D9A41FACF c The followingis added to Paragraph b.(1) in Paragraph 4. Other Insurance of Section IV - Commercial General Liability Conditions:
This insurance is excess over any of the other valid and collectible insurance available to the insured that provides coverage for aircraft or watercraft not owned by any insured, whether such insurance is primary, excess, contingent or on any other basis.
3. Broadened Property Damage - Rented Premises, Borrowed Equipment and Use of Elevators a. The following is added to Exclusion 2.j. Damage To Property of Section I - Coverages - Coverage A - Bodily Injury and Property Damage Liability:
Paragraph (1) of this exclusion does not apply to "property damage" to real property you rent or temporarily occupy with permission of the owner.
Paragraph (4) of this exclusion does not apply to "property damage" to equipment you borrow while at a job site ifthe equipment is not being used by anyone to perform work or operations at the time of loss.
Paragraphs (3), (4) and (6) of this exclusion do not apply to "property damage" arising out of the use of elevators at premises you own, rent, lease or occupy. b. The followingreplaces Paragraph 6. of Section III - Limits Of Insurance:
6. Subject to Paragraph 5. above, the Damage to Premises Rented to You Limitshown in the Declarationsis the mostwe will pay under Coverage A fordamages because of"property damage"to any one premises while rented to you or occupied by youwith permissionof the owner. Ifa Damage to Premises Rented to You Limit is not shown in the Declarations, that Limit will be $500,000.
c. The followingis added to Paragraph b.(1) of Paragraph 4. Other Insurance of Section IV - Commercial General Liability Conditions:
This insurance is excess over any of the other valid and collectible insurance available to the insuredthatprovidescoveragefor real propertyyou rentor temporarilyoccupywith the permission ofthe owner, borrowedequipmentor use ofelevators,whethersuch insuranceis primary,excess, contingent or on any other basis.
4. Personal and Advertising Injury Exclusions
a. Insureds in Media and Internet Type Businesses
ThefollowingreplacesExclusion2.j. InsuredsIn Media And InternetType Businesses of Section I- Coverages - CoverageB- Personaland AdvertisingInjury Liability:
"Personal and advertisinginjury"committedby an insuredwhose business is:
(1) Advertising,broadcasting,publishingor telecasting; or (2) Designing or determining content of web sites for others.
However,this exclusiondoes not applytoParagraphs14.a.,b.andc. of"personaland advertising injury"under the Definitions section.
Forthepurposesofthis exclusion,theplacingofframes, bordersor links, oradvertisingfor you, isnot byitselfconsideredthebusinessofadvertising,broadcasting,publishingortelecasting. b. Electronic Chatrooms or Bulletin Boards
The followingreplaces Exclusion 2.k. Electronic Chatrooms Or Bulletin Boards of Section I- Coverages - Coverage B- Personaland Advertising Injury Liability:
"Personal and advertising injury"arising out of an electronic chatroom or bulletin board the insured hosts, owns or maintains for others.
5. Medical Payments - Increased Limits and Time Period
Thefollowingprovisionsare modifiedonly if CoverageC is nototherwiseexcludedbythe provisionsof this Coverage Part or any endorsement.
a. The followingreplaces Paragrapha,(3)(b)in Paragraph1. InsuringAgreement ofSection I- Coverage C - Medical Payments:
(b) The expenses are incurredand reportedto us withinthree years ofthe date ofthe accident;and VCG 207 0618 IncludescopyrightedmaterialofInsuranceServicesOffice, Inc., with Its permission. Page 2of 9 Copyright2017, OneBeacon Insurance GroupLLC
DocuSign Envelope ID: 87532648-9872-43D8-B2EA-923D9A41FACF b. The followingis added to Paragraph 7. of Section III - Limits Of Insurance:
The MedicalExpenses Limitfor CoverageC is the greaterof$15,000per personor theamount shown in the Declarations.
6. Product Recall Expense Coverage
a. The followingis added to Section I- Coverages:
Product Recall Expense Schedule
Product Recall Aggregate Limit $ 50,000
Each Product Recall Limit $ 25,000
Each Product Recall Deductible $1,000
The limits and deductible in this Schedule apply to
Product Recall Expense Coverage unless other
amounts are shown in the Declarations.
PRODUCT RECALL EXPENSE COVERAGE
We will pay "product recall expense" incurred by you or on your behalf for a "covered recall" to which this insurance applies. This insurance applies to "product recall expense" for a "covered recall" that takes place in the "coverage territory" and during the policy period. The amount we will pay for "product recall expense" is limited as described in Section III - Limits Of Insurance.
We will only pay the amount of "product recall expense" in excess of the Each Product Recall Deductible shown in the Schedule above. You must pay the Each Product Recall Deductible for each "covered recall" that is initiated.
b. The following is added to Section III - Limits Of Insurance:
The Product Recall Aggregate Limitshown in the Schedule above is the most we will pay for the sum of all "product recallexpense" incurred for all "covered recalls" initiated during the policy period.
Subject to the Product Recall Aggregate Limit, the Each Product Recall Limitshown in the Schedule above is the most wewill pay forall"productrecallexpenses" arisingout of any one "coveredrecall" for the same defect or deficiency.
c. The followingis added Section IV- Commercial General Liability Conditions:
Duties In The Event Of "Covered Recall"
1. You must report a "coveredrecall"to us as soon as practicable and no later than 30 days after you discover or are made aware of such recall.
2. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation,or incurany expense, other than for first aid, withoutour consent.
3. You must see to itthat the followingare done as soon as practicable after an actual or anticipated"covered recall"that may result in"productrecallexpense":
(a) Give us notice of any discoveryor notificationthat "yourproduct"must be withdrawnor recalled, includinga description of "yourproduct"and the reason for the withdrawalor recall;
(b) Cease any furtherrelease, shipment,consignmentor any othermethodofdistributionof such product,as well as any similarproducts, until it has been determined that all such products are free from defects that could result in "product recall expense"; (c) As often as may be reasonably required, permit us to:
(1) Inspect"your product"and take damaged and undamaged samples of "yourproducts" for inspection, testing and analysis; and
(2) Examine and make copies from your books and records; (d) Within60 days of our request and providingyou the necessary forms, send us a signed, sworn proof of loss containing the informationwe request to settle the claim; and VCG 207 0618 Includescopyrightedmaterialof Insurance ServicesOffice, Inc.,withits permission. Page 3 of 9 Copyright 2017, OneBeacon Insurance Group LLC
DocuSign Envelope ID: 87532648-9872-43D8-B2EA-923D9A41FACF (e) Permit us to examine any insured under oath, while not in the presence of any other insured, at such times as may reasonably be required, about any matter relating to this insurance or your claim, includingan insured's books and records. An insured's answers to the examination must be signed.
d. The following are added to Section V - Definitions:
"Covered recall" means a recall of "your product" made necessary because the insured or a government entity has determined that a known or suspected defect, deficiency, inadequacy or dangerous condition in "your product" has resulted in, or will result in, "bodily injury"or "property damage".
"Product recall expense":
a. Means the following necessary and reasonable extra expenses incurred by you or on your behalf exclusively for the purpose of recalling "your product":
(1) Expenses for communications, including broadcast announcements or printed "advertisements" and associated stationery, envelopes and postage; (2) Expenses for shipping the recalled products from any purchaser, distributor or user to the place or places designated by you;
(3) Expenses for overtimepaid to your regular non-salaried "employees"; (4) Expenses for hiring "temporary workers";
(5) Expenses incurred by "employees", includingtransportation and accommodations; (6) Expenses to rent additional warehouse or storage space; or (7) Expenses for proper disposal of "yourproduct"ifthe disposal is necessary to avoid"bodily injury"or "propertydamage" and is other than regularlyused to discard, trash or dispose of "your product".
b. Does not include the following:
(1) Damages, fines or penalties;
(2) Defense expenses;
(3) The cost ofregainingyourmarketshare, goodwill,revenue orprofit;or (4) Any expenses resulting from:
(a) Failureof any productto accomplish its intended purpose; (b) Breach ofwarrantiesoffitness, quality,durabilityor performance; (c) Loss ofcustomerapproval,or anycost incurredto regaincustomerapproval; (d) Redistributionor replacementof"yourproduct"that wasrecalledwith like productsor substitutes;
(e) The insured's caprice or whim;
(f) Aconditionanyinsuredknew, or hadreasonto know, ofat the inceptionofthis insurance that was likelyto cause loss; or
(g) Recallof"yourproducts"thathave noknown orsuspecteddefectsolelybecausea known or suspected defect inanother of "yourproducts"has been found.
Supplementary Payments- Cost of Bail Bonds and Loss of Earnings ThefollowingreplacesParagraphs1.b.and 1.d.ofSupplementaryPayments- CoveragesA and B in Section I- Coverages:
b. Up to$2,500for costofbail bonds requiredbecauseofaccidentsortrafficlaw violationsarisingout ofthe use ofany vehicleto which the BodilyInjuryLiabilityCoverageapplies.We do not have to furnish these bonds.
d. All reasonableexpenses incurredbythe insuredat ourrequestto assist usin the investigationor defenseofthe claim or"suit", includingactuallossof earningsupto $250 a daybecauseof time off from work.
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DocuSign Envelope ID: 87532648-9872-43D8-B2EA-923D9A41FACF B. Section II - Who is an Insured
1. Broadened Named Insured
Section II - Who Is An Insured isamendedto includeas a Named Insuredany legally incorporated entity in which you maintainownershipof more than 50 percentof thevoting stock on the effectivedate ofthis endorsement,butonly if there is no othersimilarinsuranceavailableto thatorganization.This insurance does notapply to anyorganizationthat is an insured under anotherpolicyor would be an insured under such policy but for its termination or the exhaustion of its limits of insurance.
2. Additional Insured - Broad Form Vendor
a. Section II - Who Is An Insured is amended to includeas an additionalinsured any person or organization (referred to below as "vendor")with whom you have agreed in a writtencontract or agreement to provide insurance, but only with respect to "bodily injury"or "property damage" arising out of "your products" that are distributed or sold in the regular course of the vendor's business. But none of these vendors are an additional insured:
(1) If the "products-completed operations hazard" is excluded under the Coverage Part or by endorsement;
(2) Ifthe vendor is a person or organization from whom you have acquired the products, or any ingredient, part or container entering into, accompanying or containing those products; (3) For "bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless that the vendor would have otherwise been liable for such "bodily injury" or "property damage" in the absence of that contract or agreement; or
(4) For "bodily injury" or "property damage" caused by or arising out of:
(a) Any express warranty not authorized by you;
(b) Any physical or chemical change in the product made intentionally by the vendor; (c) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
(d) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (e) Operations to demonstrate, install, service or repair, except those operations performed at the vendor's premises in connection with the sale of the product; (f) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (g) The sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf, unless such act or omission is:
(i) Inthe course of repackaging "your products"in the originalcontainer after unpacking solelyfor the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer;
(ii) A demonstration, installation,servicingor repairoperation of "your products"performed at the vendor's premises in connection with the sale of the product; or (iii) An inspection, adjustment, test or servicing of "your products" the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.
b. The insurance afforded to such vendor under Paragraph a. above:
(1) Applies only to the extent permitted by law; and
(2) Will not be broader than that which you are required by the contract or agreement to provide to such vendor.
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DocuSign Envelope ID: 87532648-9872-43D8-B2EA-923D9A41FACF c. The following is added to Section III - Limits Of Insurance:
The most we will pay on behalf of a vendor that qualifies as an additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This provision does not increase the applicable Limits of Insurance shown in the Declarations.
3. Additional Insured - Written Contract, Agreement, Permit or Authorization a. Section II - Who Is An Insured is amended to include as an additional insured any person or organization with whom you have agreed in a written contract, agreement, permit or authorization to provide insurance but only with respect to liability for injury or damage caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf for:
(1) "Bodily injury", "property damage" or "personal and advertising injury" in the performance of your ongoing operations, and only until your operations are completed, for such person or organization at the location designated in the contract, agreement, permit or authorization; (2) "Bodily injury", "property damage" or "personal and advertising injury" in the maintenance, operation or use of equipment leased to you by such person or organization; or (3) "Bodilyinjury", "property damage" or "personal and advertising injury" in connection with premises you own, rent, lease or occupy.
b. The insurance afforded to an additional insured under Paragraph a. above does not apply:
(1) Unless:
(a) The contract or agreement is executed, or the permit or authorization is issued, before the "bodilyinjury","property damage" or "personal and advertising injury" occurs; and (b) The contract, agreement, permit or authorization is in effect or becomes effectiveduring the policy period.
(2) To any:
(a) Person or organization included as an insured under any other provisionof this policy, including this or any other endorsement;
(b) Lessor of equipment after the equipment lease terminates or expires; (c) Owner or other interests from whom land has been leased; (d) Manager or lessor of premises if:
(i) The "occurrence" takes place after you cease to be a tenant in that premises; or (ii) The "bodilyinjury", "propertydamage" or "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor.
(e) Person or organization ifthe "bodilyinjury","propertydamage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(i) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or
(ii) Supervisory, inspection, architectural or engineering activities.
This exclusion applies even ifthe claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, ifthe "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services; or VCG 207 06 18 IncludescopyrightedmaterialofInsuranceServicesOffice, Inc., with itspermission. Page 6 of 9 Copyright 2017, OneBeacon Insurance Group LLC
DocuSign Envelope ID: 87532648-9872-43D8-B2EA-923D9A41FACF (f) "Bodilyinjury"or "propertydamage" occurringafter:
(i) All work, includingmaterials, parts or equipment furnished in connection with such work, on the project(otherthan service,maintenanceor repairs)to be performedbyor on behalf of theadditionalinsured(s) at the locationof the covered operations has been completed; or
(ii) That portionof "yourwork"out ofwhich the injuryor damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. c. The insurance afforded to an additional insured under Paragraph a. above:
(1) Applies only to the extent permitted by law; and
(2) Will not be broader than that which you are required by the contract, agreement, permit or authorization to provide to such additional insured.
d. With respect to the insurance afforded to an additional insured under Paragraph a. above:
(1) The following is added to Paragraph 4. Other Insurance of Section IV - Commercial General Liability Conditions:
Regardless of the provisions of Paragraphs a. and b. above, this insurance is primary to, and will not seek contribution from, any other insurance available to an additional insured if:
(1) Such additional insured is a Named Insured under that other insurance; and (2) You have agreed in the contract, agreement, permit or authorization that this insurance would be primary and would not seek contribution from any other insurance available to such additional insured.
(2) The following is added to Section III - Limits Of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract, agreement, permit or authorization; or b. Available under the applicable Limitsof Insurance shown in the Declarations; whichever is less. This provisiondoes not increase the applicable Limitsof Insurance shown in the Declarations.
4. Incidental Malpractice by Employed Physicians, Nurses, EMTs and Paramedics a. The followingis added to Paragraph 2.a.(1)(d) of Section II -Who Is An Insured.
But an "employee" or "volunteerworker"employed or volunteering as a physician, dentist, nurse, emergency medical technician or paramedic is an insured ifyou are not engaged in the business or occupation of providing professional health care services. b. The followingis added to Paragraph b.(1) in Paragraph 4. Other Insurance of Section IV- Commercial General Liability Conditions:
This insurance is excess over any of the other validand collectibleinsurance available to the insured for coverage for insured "employee"or volunteer worker who is a physician, dentist, nurse, emergency medicaltechnician or paramedic, whether such insurance is primary,excess, contingent or on any other basis.
5. User of Covered Watercraft
a. Section II -Who Is An Insured is amended to include as an additional insured any person or organization who uses, or is responsible for the use of, a watercraft covered by thispolicyif the use is withyour express or impliedconsent. But no such person or organization is an insured with respect to:
a. "Bodilyinjury"to that person's or organization's "employee"; or b. "Property damage" to property:
(1) Owned, occupied or used by; or
(2) In the care, custody or control of, rented to or over which physical control is being exercised for any purpose by;
that person or organization.
VCG 207 0618 Includescopyrightedmaterialof Insurance ServicesOffice, Inc.,withits permission. Page 7 of 9 Copyright 2017, OneBeacon Insurance Group LLC
DocuSign Envelope ID: 87532648-9872-43D8-B2EA-923D9A41FACF b. The following is added to Paragraph b.(1) in Paragraph 4. Other Insurance of Section IV - Commercial General Liability Conditions:
This insurance is excess over any of the other valid and collectible insurance available to the insured for use of, or responsibility for use of, a watercraft covered by this policy, whether such insurance is primary, excess, contingent or on any other basis.
6. Newly Acquired or Formed Organizations
The following replaces Paragraph 3.a. of Section II - Who Is An Insured:
a. Coverage under this provision is afforded only until the end of the policy period; C. Section III - Limits of Insurance - Aggregate Limit Per Location The following is added to Paragraph 2. of Section III - Limits Of Insurance:
The General Aggregate Limit applies separately to each "location" of yours. As used in this provision, "location" means premises you own, rent or lease involving the same or connecting lots, or whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.
D. Section IV - Commercial General Liability Conditions
1. Duties in the Event of Occurrence, Offense, Claim or Suit The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions:
The requirements that you must notify us of an "occurrence", offense, claim or "suit", or send us documents concerning a claim or "suit", apply only ifthe "occurrence", offense, claim or "suit" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) An "executive officer" or insurance or risk manager, ifyou are a corporation; or (4) A manager, if you are a limited liabilitycompany.
The requirement that you must notify us as soon as practicable of an "occurrence" or an offense that may result in a claim does not apply if you report the "occurrence" or offense to your workers' compensation insurer and that "occurrence" or offense later develops into a liabilityclaim for which coverage is provided by this policy. But as soon as you become aware that an "occurrence" or offense is a liabilityclaim rather than a workers' compensation claim, you must comply with all parts of Paragraph
2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions.
2. Waiver of Subrogation When Required by Written Contract or Agreement The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of Section IV - Commercial General Liability Conditions:
We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" included within the "products-completed operations hazard" if the operations or work is done under a written contract or agreement with that person or organization, but only if the contract or agreement is executed before the "bodily injury" or "property damage" occurs and requires you to waive your rights of recovery.
E. Section V - Definitions
1. Bodily Injury - Includes Mental Anguish
The following is added to Paragraph 3. of Section V - Definitions:
"Bodily injury" includes mental anguish resulting from bodily injury, sickness, or disease sustained by a person at any time.
2. Coverage Territory - Worldwide
The following replaces Paragraph 4. of Section V- Definitions:
4. "Coverage territory" means anywhere other than a country or jurisdiction that is subject to trade or other economic sanction or embargo by the United States of America. But the insured's VCG 207 06 18 Includescopyrightedmaterialof Insurance ServicesOffice, Inc., with its permission. Page 8 of 9 Copyright 2017, OneBeacon Insurance Group LLC
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DocuSign Envelope ID: 87532648-9872-43D8-B2EA-923D9A41FACF responsibility to pay damages must be determined in a settlement we agree to or in a "suit" on the merits brought within the United States of America (including its territories and possessions), Puerto Rico or Canada.
3. Mobile Equipment - Self-Propelled Snow Removal, Road Maintenance and Street Cleaning Equipment Less than 1,000 Pounds Gross Vehicle Weight
The following is added after Paragraph 12.f.(1) of Section V - Definitions:
But a self-propelled vehicle of less than 1,000 pounds gross vehicle weight that is maintained primarily for purposes other than transportation of persons or cargo with permanently attached equipment for snow removal, road maintenance (other than construction or resurfacing) or street cleaning will be considered "mobile equipment* and not an "auto".
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DocuSign Envelope ID: 87532648-9872-43D8-B2EA-923D9A41FACF