Exhibit 1: Amendment — Alameda City Council, January 6, 2026

EXHIBIT 1

Abt Global

Expansion of Scope of Work

Abt’s EvaluaƟon of the City of Alameda’s RiseUp Alameda Guaranteed Income Program

This scope expansion reﬂects addiƟonal, labor-intensive acƟviƟes required to maximize parƟcipant engagement, ensure data completeness, and support supplemental qualitaƟve learning objecƟves. Abt will implement two interrelated workstreams concurrently, requiring close coordinaƟon across evaluaƟon leadership, survey operaƟons, IRB compliance, applicaƟon development, and call center staﬀ.

Task 1: Targeted Phone-Based Outreach to Non-Responding Study ParƟcipants Abt will conduct structured, mulƟ-round telephone outreach to parƟcipants who have not completed the 24-month follow-up survey, with the goal of increasing response rates and minimizing aƩriƟon.

Task 2: Recruitment of Treatment Group Members for Storytelling AcƟviƟes In parallel with survey outreach, Abt will invite eligible treatment group members to parƟcipate in Storytelling acƟviƟes, requiring careful diﬀerenƟaƟon of messaging, documentaƟon, and tracking to preserve research integrity.

Detailed Work AcƟviƟes

1. Extension of Survey Field Period ($7,400)

 Abt will extend the 24-month survey ﬁeld period by an addiƟonal three weeks to align with the Ɵming and sequencing of telephone outreach and Storytelling invitaƟons.  During this extended period, survey operaƟons staﬀ will conƟnue acƟve monitoring of survey compleƟons, manage parƟcipant inquiries, and process incenƟve disbursements.  This extension requires sustained staﬃng coverage, system monitoring, and quality control beyond the originally planned survey closeout period.

2. Development, Review, and TranslaƟon of Telephone Outreach Scripts ($3,000)

 Judy Geyer (Principal InvesƟgator) and Michelle Kahman (Associate) will draŌ detailed English- language outreach scripts tailored to mulƟple outreach purposes (survey compleƟon reminders, Storytelling invitaƟons, or both), ensuring clarity, consistency, and adherence to evaluaƟon protocols.
 Judy Geyer (Principal InvesƟgator) and Ed Prestera (Analyst) will coordinate with the InsƟtuƟonal Review Board (IRB) to prepare materials, respond to feedback, and secure approval for all outreach language.
 Following IRB approval, Abt’s survey group will translate ﬁnalized scripts into Spanish, ensuring linguisƟc accuracy and cultural appropriateness for parƟcipant engagement.

3. MulƟ-Round Telephone Outreach ImplementaƟon ($24,600)

 Abt will conduct up to three structured rounds of outreach, each requiring data preparaƟon, staﬀ training, execuƟon, and tracking. For each outreach round, Ed Prestera (Analyst) will collaborate with Rolandas Molis (App Developer 4) to idenƟfy and generate targeted call lists using real-Ɵme survey compleƟon data, ensuring accurate segmentaƟon by treatment and control status.
 Abt’s Call Center Manager will develop and deliver training sessions for call center staﬀ, covering:
o Proper use of approved scripts
o DiﬀerenƟaƟon between survey and Storytelling outreach o Procedures for responding to parƟcipant quesƟons and rouƟng complex issues appropriately
 AnƟcipated call volume includes:
o Round 1: Approximately 200 phone aƩempts
 75 treatment group members (for survey compleƟon, Storytelling invitaƟon, or both)
 125 control group members (survey compleƟon only)
o Round 2: Approximately 150 phone aƩempts
o Round 3: Approximately 140 phone aƩempts
 Each round requires logging outcomes, updaƟng parƟcipant status, and adjusƟng subsequent outreach strategies based on response paƩerns.

Docusign Envelope ID: B0275855-7401-4266-A720-09B059D91CB3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form HD 99 02 12 21
Page
1 of
5 © 2021, The Hartford
(Includes copyrighted material of ISO Properties, Inc., with its permission.)

COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT

MASSACHUSETTS
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
With
respect
to
coverage
provided
by
this
endorsement,
the
provisions
of
the
Coverage
Form
apply
unless
modified
by
this endorsement.

1. BROAD FORM INSURED
Paragraph 1. – WHO IS AN INSURED – of Section II – Liability Coverage is amended to add the following:
d.

Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include:
(1)
Any
legal
business
entity
other
than
a
partnership
or
joint
venture,
formed
as
a
subsidiary
in
which
you
have
an
ownership
interest
of
more
than
50%
on
the
effective
date
of
the
Coverage
Form.

However,
the
Named
Insured does not include any subsidiary:
(a)
That is an ''insured'' under any other automobile policy or (b)
That
would
be
an
''insured''
under
such
a
policy
but
for
(i)
its
termination
or
(ii)
the
exhaustion
of
its
Limit
of Insurance.
(2)
Any
organization
that
is
acquired
or
formed
by
you
and
over
which
you
maintain
majority
ownership.

However, the Named Insured does not include any newly formed or acquired organization:
(a)
That is a partnership or joint venture,
(b)
That is an ''insured'' under any other policy,
(c)
That has exhausted its Limit of Insurance under any other policy, or (d)
180
days
or
more
after
its
acquisition
or
formation
by
you,
unless
you
have
given
us
notice
of
the
acquisition or formation.

Coverage
does
not
apply
to
''bodily
injury''
or
''property
damage''
that
results
from
an
"accident"
that
occurred
before you formed or acquired the organization.
e.

Employees as Insureds
(1)
Any
"employee"
of
yours
while
using
a
covered
''auto''
you
don't
own,
hire
or
borrow
in
your
business
or
your
personal affairs.
f.

Lessors as Insureds
(1)
The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if:
(a)
The agreement requires you to provide direct primary insurance for the lessor and (b)
The "auto" is leased without a driver.

Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. g.

Additional Insured if Required by Contract
(1)
When
you
have
agreed,
in
a
written
contract
or
written
agreement,
that
a
person
or
organization
be
added
as
an
additional
insured
on
your
business
auto
policy,
such
person
or
organization
is
an
"insured",
but
only
to
the
extent
such
person
or
organization
is
liable
for
"bodily
injury"
or
"property
damage"
caused
by
the
conduct
of
an
"insured"
under
paragraphs
a.
or
b.
of
Who
Is
An
Insured
with
regard
to
the
ownership,
maintenance
or
use of a covered "auto"
Page
2 of
5 Form HD 99 02 12 21
The
insurance
afforded
to
any
such
additional
insured
applies
only
if
the
"bodily
injury"
or
"property
damage"
occurs:
(a)
During the policy period, and
(b)
Subsequent to the execution of such written contract, and (c)
Prior
to
the
expiration
of
the
period
of
time
that
the
written
contract
requires
such
insurance
be
provided
to the additional insured.
(2)
How Limits Apply
If
you
have
agreed
in
a
written
contract
or
written
agreement
that
another
person
or
organization
be
added
as
an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of:
(a)
The limits of insurance specified in the written contract or written agreement; or (b)
The Limits of Insurance shown in the Declarations.

Such
amount
shall
be
a
part
of
and
not
in
addition
to
Limits
of
Insurance
shown
in
the
Declarations
and
described in this Section.
(3)
Additional Insureds Other Insurance
If
we
cover
a
claim
or
"suit"
under
this
Coverage
Part
that
may
also
be
covered
by
other
insurance
available
to
an
additional
insured,
such
additional
insured
must
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
or
written
agreement that this insurance is primary and non-contributory with the additional insured's own insurance. (4)
Duties in The Event Of Accident, Claim, Suit or Loss
If
you
have
agreed
in
a
written
contract
or
written
agreement
that
another
person
or
organization
be
added
as
an
additional
insured
on
your
policy,
the
additional
insured
shall
be
required
to
comply
with
the
provisions
in
LOSS

CONDITIONS

2. -
DUTIES
IN
THE
EVENT
OF

ACCIDENT,
CLAIM
,
SUIT
OR
LOSS
–
OF

SECTION
IV–
BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured.

2. Primary and Non-Contributory if Required by Contract Only
with
respect
to
insurance
provided
to
an
additional
insured
in
A.1.g.
-
Additional
Insured
If
Required
by
Contract,
the following provisions apply:
(1)
Primary Insurance When Required By Contract
This
insurance
is
primary
if
you
have
agreed
in
a
written
contract
or
written
agreement
that
this
insurance
be
primary.

If
other
insurance
is
also
primary,
we
will
share
with
all
that
other
insurance
by
the
method
described
in
Other Insurance 5.d.
(2)
Primary And Non-Contributory To Other Insurance When Required By Contract If
you
have
agreed
in
a
written
contract
or
written
agreement
that
this
insurance
is
primary
and
non-contributory
with
the
additional
insured's
own
insurance,
this
insurance
is
primary
and
we
will
not
seek
contribution
from
that
other insurance.

Paragraphs
(1)
and
(2)
do
not
apply
to
other
insurance
to
which
the
additional
insured
has
been
added
as
an
additional insured.

When
this
insurance
is
excess,
we
will
have
no
duty
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,
but
we
will
be
entitled to the insured's rights against all those other insurers.

When
this
insurance
is
excess
over
other
insurance,
we
will
pay
only
our
share
of
the
amount
of
the
loss,
if
any,
that
exceeds the sum of:
(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,
by
the
method
described
in
Section
IV
-
Business
Auto
Conditions,
B.

General Condition. Other Insurance 5.d.

3. AUTOS RENTED BY EMPLOYEES
Any
"auto"
hired
or
rented
by
your
"employee"
on
your
behalf
and
at
your
direction
will
be
considered
an
"auto"
you
hire.

The
Section
IV
–
Business
Auto
Conditions,
B.

General
Conditions,

5. OTHER

INSURANCE
Condition
is
amended
by
adding the following:

Form HD 99 02 12 21
Page
3 of
5 e.

If
an
"employee’s"
personal
insurance
also
applies
on
an
excess
basis
to
a
covered
"auto"
hired
or
rented
by
your
"employee"
on
your
behalf
and
at
your
direction,
this
insurance
will
be
primary
to
the
"employee’s"
personal
insurance.

4. AMENDED FELLOW EMPLOYEE EXCLUSION

EXCLUSION

5. -
FELLOW

EMPLOYEE
-
of

SECTION
II
-

LIABILITY

COVERAGE
does
not
apply
if
you
have
workers
' compensation insurance in-force covering all of your "employees".

Coverage is excess over any other collectible insurance.

5. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If
hired
''autos''
are
covered
''autos''
for
Liability
Coverage
and
if
Comprehensive,
Specified
Causes
of
Loss,
or
Collision
coverages
are
provided
under
this
Coverage
Form
for
any
''auto''
you
own,
then
the
Physical
Damage
Coverages provided are extended to ''autos'' you hire or borrow, subject to the following limit.

The most we will pay for "loss" to any hired ''auto'' is:
(1)
$100,000;
(2)
The actual cash value of the damaged or stolen property at the time of the "loss"; or (3)
The cost of repairing or replacing the damaged or stolen property, whichever
is
smallest,
minus
a
deductible.

The
deductible
will
be
equal
to
the
largest
deductible
applicable
to
any
owned
''auto''
for
that
coverage.

No
deductible
applies
to
''loss''
caused
by
fire
or
lightning.

Hired
Auto
Physical
Damage
coverage
is
excess
over
any
other
collectible
insurance.

Subject
to
the
above
limit,
deductible
and
excess
provisions, we will provide coverage equal to the broadest coverage applicable to any covered ''auto'' you own.

We
will
also
cover
loss
of
use
of
the
hired
''auto''
if
it
results
from
an
"accident",
you
are
legally
liable
and
the
lessor
incurs an actual financial loss, subject to a maximum of $1,000 per "accident".

This
extension
of
coverage
does
not
apply
to
any
"auto"
you
hire
or
borrow
from
any
of
your
"employees",
partners
(if
you are a partnership), members (if you are a limited liability company), or members of their households.

6. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph
A.4.a.
of

SECTION
III
-

PHYSICAL
DAMAGE

COVERAGE
is
amended
to
provide
a
limit
of
$50
per
day
and a maximum limit of $1,000.

7. LOAN/LEASE GAP COVERAGE
Under

SECTION
III
-

PHYSICAL
DAMAGE

COVERAGE,
in
the
event
of
a
total
"loss"
to
a
covered
"auto",
we
will
pay
your
additional
legal
obligation
for
any
difference
between
the
actual
cash
value
of
the
"auto"
at
the
time
of
the
"loss"
and the "outstanding balance" of the loan/lease.
"Outstanding
balance"
means
the
amount
you
owe
on
the
loan/lease
at
the
time
of
"loss"
less
any
amounts
representing
taxes;
overdue
payments;
penalties,
interest
or
charges
resulting
from
overdue
payments;
additional
mileage
charges;
excess
wear
and
tear
charges;
lease
termination
fees;
security
deposits
not
returned
by
the
lessor;
costs
for
extended
warranties,
credit
life
Insurance,
health,
accident
or
disability
insurance
purchased
with
the
loan
or
lease; and
carry-over balances from previous loans or leases.

8. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added:

The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an air bag.

9. ELECTRONIC EQUIPMENT - BROADENED COVERAGE
a.

The
exceptions
to
Paragraphs
B.4
-

EXCLUSIONS
-
of

SECTION
III
-

PHYSICAL
DAMAGE

COVERAGE
are
replaced by the following:

Exclusions

4.c.
and

4.d.
do
not
apply
to
equipment
designed
to
be
operated
solely
by
use
of
the
power
from
the
"auto's" electrical system that, at the time of "loss", is:
(1)
Permanently installed in or upon the covered "auto";
(2)
Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3)
An
integral
part
of
the
same
unit
housing
any
electronic
equipment
described
in
Paragraphs
(1)
and
(2)
above; or
(4)
Necessary
for
the
normal
operation
of
the
covered
"auto"
or
the
monitoring
of
the
covered
"auto's"
operating
system.
b.

SECTION
III,

PHYSICAL
DAMAGE

COVERAGE,
Limit
of
Insurance,
Paragraph
C.2
is
amended
to
add
the
following:

Page
4 of
5 Form HD 99 02 12 21
$1,500
is
the
most
we
will
pay
for
"loss"
in
any
one
"accident"
to
all
electronic
equipment
(other
than
equipment
designed
solely
for
the
reproduction
of
sound,
and
accessories
used
with
such
equipment)
that
reproduces,
receives or transmits audio, visual or data signals which, at the time of "loss", is:
(1)
Permanently
installed
in
or
upon
the
covered
"auto"
in
a
housing,
opening
or
other
location
that
is
not
normally used by the "auto" manufacturer for the installation of such equipment; (2)
Removable
from
a
permanently
installed
housing
unit
as
described
in
Paragraph

2.a
above
or
is
an
integral
part of that equipment; or
(3)
An integral part of such equipment.
c.

For
each
covered
"auto",
should
loss
be
limited
to
electronic
equipment
only,
our
obligation
to
pay
for,
repair,
return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less.

10. TWO OR MORE DEDUCTIBLES
Under - DEDUCTIBLE - of PHYSICAL DAMAGE COVERAGE, the following is added:

If
another
Hartford
Financial
Services
Group,
Inc.
company
policy
or
coverage
form
that
is
not
an
automobile
policy
or
coverage form applies to the same "accident", the following applies:
(1)
If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2)
If
the
deductible
under
this
Business
Auto
Coverage
Form
is
not
the
smaller
(or
smallest)
deductible,
it
will
be
reduced by the amount of the smaller (or smallest) deductible.

11. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The
requirement
in
LOSS

CONDITIONS

2.a.
-
DUTIES
IN
THE
EVENT
OF

ACCIDENT,
CLAIM,
SUIT
OR
LOSS
-
of

SECTION
IV
-

BUSINESS
AUTO

CONDITIONS
that
you
must
notify
us
of
an
''accident''
applies
only
when
the
''accident'' is known to:
(1)
You, if you are an individual
(2)
A partner, if you
are a partnership; or
(3)
A member, if you are a limited liability company; or
(4)
An executive officer or insurance manager, if you are a corporation.

12. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If
you
unintentionally
fail
to
disclose
any
hazards
existing
at
the
inception
date
of
your
policy,
we
will
not
deny
coverage under this Coverage Form because of such failure.

13. HIRED AUTO - COVERAGE TERRITORY
Section
IV,

BUSINESS
AUTO

CONDITIONS,
Paragraph
B.

GENERAL

CONDITIONS

7. -
POLICY

PERIOD,
COVERAGE TERRITORY is replaced by the following:
e.

For
short-term
hired
''autos'',
the
coverage
territory
with
respect
to
Liability
Coverage
is
anywhere
in
the
world
provided
that
if
the
insured's
responsibility
to
pay
damages
for
''bodily
injury''
or
''property
damage''
is
determined
in
a
''suit,''
the
''suit''
is
brought
in
the
United
States
of
America,
the
territories
and
possessions
of
the
United
States of America, Puerto Rico or Canada or in a settlement we agree to.

14. WAIVER OF SUBROGATION
Paragraph

5. TRANSFER
OF
RIGHTS
OF

RECOVERY

AGAINST
OTHERS
TO
US
-
of

SECTION
IV
-

BUSINESS
AUTO CONDITIONS A. LOSS CONDITIONS is amended by adding the following:

We
waive
any
right
of
recovery
we
may
have
against
any
person
or
organization
with
whom
you
have
a
written
contract that requires such waiver because of payments we make for damages under this Coverage Form.

15. RESULTANT MENTAL ANGUISH COVERAGE
The definition of ''bodily injury'' in SECTION V – DEFINITIONS, C is replaced by the following:
''Bodily
injury''
means
bodily
injury,
sickness
or
disease
sustained
by
any
person,
including
mental
anguish
or
death
resulting from any of these.

16. EXTENDED CANCELLATION CONDITION
Condition A., Cancellation, of the MASSACHUSETTS MANDATORY ENDORSEMENT applies except as follows:

If
we
cancel
for
any
reason
other
than
nonpayment
of
premium,
any
notice
of
cancellation
will
be
sent
to
you
at
your
last address shown on the Declarations at least 60 days prior to the effective date.

17. EXTRA EXPENSE - BROADENED COVERAGE
Form HD 99 02 12 21
Page
5 of
5 Under
Paragraph
A.
-

COVERAGE
-
of

SECTION
III
-

PHYSICAL
DAMAGE

COVERAGE,
we
will
pay
for
the
expense
of returning a stolen covered "auto" to you.

18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In
the
event
of
a
total
loss
to
a
"non-hybrid"
auto
for
which
Comprehensive,
Specified
Causes
of
Loss,
or
Collision
coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows:
a.

If
the
auto
is
replaced
with
a
"hybrid"
auto
or
an
auto
powered
solely
by
electricity
or
natural
gas,
we
will
pay
an
additional
10%,
to
a
maximum
of
$2,500,
of
the
"non-hybrid"
auto’s
actual
cash
value
or
replacement
cost,
whichever is less,
b.

The
auto
must
be
replaced
and
a
copy
of
a
bill
of
sale
or
new
lease
agreement
received
by
us
within
60 calendar
days of the date of "loss,"
c.

Regardless
of
the
number
of
autos
deemed
a
total
loss,
the
most
we
will
pay
under
this
Hybrid,
Electric,
or
Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000.

For the purposes of the coverage provision,
a.

A
"non-hybrid"
auto
is
defined
as
an
auto
that
uses
only
an
internal
combustion
engine
to
move
the
auto
but
does
not include autos powered solely by electricity or natural gas.. b.

A
"hybrid"
auto
is
defined
as
an
auto
with
an
internal
combustion
engine
and
one
or
more
electric
motors;
and
that
uses
the
internal
combustion
engine
and
one
or
more
electric
motors
to
move
the
auto,
or
the
internal
combustion
engine to charge one or more electric motors, which move the auto.

19. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss,
or
Collision
coverages
are
provided
under
this
Coverage
Form,
then
such
Physical
Damage
Coverages
are
amended to add the following:

In
addition
to
the
actual
cash
value
of
the
"auto",
we
will
pay
up
to
$1,000
for
vinyl
vehicle
wraps
which
are
displayed
on
the
covered
"auto"
at
the
time
of
total
loss.

Regardless
of
the
number
of
autos
deemed
a
total
loss,
the
most
we
will
pay
under
this
Vehicle
Wrap
Coverage
provision
for
any
one
"loss"
is
$5,000.

For
purposes
of
this
coverage
provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps.

Form HG 00 01 09 16
Page
1 of
22 © 2016 The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.)

COMMERCIAL GENERAL LIABILITY COVERAGE FORM
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
words
"you"
and
"your"
refer
to
the
Named
Insured
shown
in
the
Declarations,
and
any
other
person
or
organization
qualifying
as
a
Named
Insured
under
this
policy.

The
words
"we",
"us"
and
"our"
refer
to
the
stock
insurance company member of The Hartford providing this insurance.

The word "insured" means any person or organization qualifying as such under Section II
- Who Is An Insured.

Other words and phrases that appear in quotation marks have special meaning. Refer to Section V
- Definitions.

SECTION I - COVERAGES

COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY

1. Insuring Agreement
a.

We
will
pay
those
sums
that
the
insured
becomes
legally
obligated
to
pay
as
damages
because
of
"bodily
injury"
or
"property
damage"
to
which
this
insurance
applies.

We
will
have
the
right
and
duty
to
defend
the
insured
against
any
"suit"
seeking
those
damages.

However,
we
will
have
no
duty
to
defend
the
insured
against
any
"suit"
seeking
damages
for
"bodily
injury"
or
"property
damage"
to
which
this
insurance
does
not
apply.

We
may,
at
our
discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But:
(1)
The amount we will pay for damages is limited as described in Section III
- Limits Of Insurance; and
(2)
Our
right
and
duty
to
defend
ends
when
we
have
used
up
the
applicable
limit
of
insurance
in
the
payment
of
judgments or settlements under Coverages
A
or
B
or medical expenses under Coverage
C
.

No
other
obligation
or
liability
to
pay
sums
or
perform
acts
or
services
is
covered
unless
explicitly
provided
for
under Supplementary Payments - Coverages
A
and
B
.
b.

This insurance applies to "bodily injury" and "property damage" only if:
(1)
The
"bodily
injury"
or
"property
damage"
is
caused
by
an
"occurrence"
that
takes
place
in
the
"coverage
territory";
(2)
The "bodily injury" or "property damage" occurs during the policy period; and (3)
Prior
to
the
policy
period,
no
insured
listed
under
Paragraph

1. of
Section
II
-
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
whole
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
"bodily
injury"
or
"property
damage"
during
or
after
the
policy
period will be deemed to have been known prior to 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
II
-
Who
Is
An
Insured
or
any
"employee"
authorized
by
you to give or receive notice of an "occurrence" or claim:
(1)
Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2)
Receives
a
written
or
verbal
demand
or
claim
for
damages
because
of
the
"bodily
injury"
or
"property
damage"; or
(3)
Becomes
aware
by
any
other
means
that
"bodily
injury"
or
"property
damage"
has
occurred
or
has
begun
to
occur.
d.

Damages
because
of
"bodily
injury"
include
damages
claimed
by
any
person
or
organization
for
care,
loss
of
services or death resulting at any time from the "bodily injury". e.

Incidental Medical Malpractice And Good Samaritan Coverage "Bodily
injury"
arising
out
of
the
rendering
of
or
failure
to
render
the
following
health
care
services
by
any
"employee" or "volunteer worker" shall be deemed to be caused by an "occurrence" for:

Page
2 of
22 Form HG 00 01 09 16
(1)
Professional health care services such as:
(a)
Medical,
surgical,
dental,
laboratory,
x-ray
or
nursing
services
or
treatment,
advice
or
instruction,
or
the
related furnishing of food or beverages;
(b)
Any health or therapeutic service, treatment, advice or instruction; or (c)
The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or (2)
First aid services, which include:
(a)
Cardiopulmonary resuscitation, whether performed manually or with a defibrillator; or (b)
Services performed as a Good Samaritan.

For
the
purpose
of
determining
the
limits
of
insurance,
any
act
or
omission
together
with
all
related
acts
or
omissions in the furnishing of these services to any one person will be considered one "occurrence".

However,
this
Incidental
Medical
Malpractice
And
Good
Samaritan
Coverage
provision
applies
only
if
you
are
not
engaged in the business or occupation of providing any of the services described in this provision.

2. Exclusions
This insurance does not apply to:
a.

Expected Or Intended Injury
"Bodily
injury"
or
"property
damage"
expected
or
intended
from
the
standpoint
of
the
insured.

This
exclusion
does
not
apply
to
"bodily
injury"
or
"property
damage"
resulting
from
the
use
of
reasonable
force
to
protect
persons
or
property.
b.

Contractual Liability
"Bodily
injury"
or
"property
damage"
for
which
the
insured
is
obligated
to
pay
damages
by
reason
of
the
assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages:
(1)
That the insured would have in the absence of the contract or agreement; or (2)
Assumed
in
a
contract
or
agreement
that
is
an
"insured
contract",
provided
the
"bodily
injury"
or
"property
damage"
occurs
subsequent
to
the
execution
of
the
contract
or
agreement.

Solely
for
the
purposes
of
liability
assumed
in
an
"insured
contract",
reasonable
attorney
fees
and
necessary
litigation
expenses
incurred
by
or
for
a
party
other
than
an
insured
are
deemed
to
be
damages
because
of
"bodily
injury"
or
"property
damage",
provided:
(a)
Liability
to
such
party
for,
or
for
the
cost
of,
that
party's
defense
has
also
been
assumed
in
the
same
"insured contract"; and
(b)
Such
attorney
fees
and
litigation
expenses
are
for
defense
of
that
party
against
a
civil
or
alternative
dispute resolution proceeding in which damages to which this insurance applies are alleged. c.

Liquor Liability
"Bodily injury" or "property damage" for which any insured may be held liable by reason of:
(1)
Causing or contributing to the intoxication of any person; (2)
The
furnishing
of
alcoholic
beverages
to
a
person
under
the
legal
drinking
age
or
under
the
influence
of
alcohol; or
(3)
Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in:
(a)
The supervision, hiring, employment, training or monitoring of others by that insured; or (b)
Providing
or
failing
to
provide
transportation
with
respect
to
any
person
that
may
be
under
the
influence
of
alcohol;
if
the
"occurrence"
which
caused
the
"bodily
injury"
or
"property
damage",
involved
that
which
is
described
in
Paragraph
(1)
,
(2)
or
(3)
above.

However,
this
exclusion
applies
only
if
you
are
in
the
business
of
manufacturing,
distributing,
selling,
serving
or
furnishing
alcoholic
beverages.

For
the
purposes
of
this
exclusion,
permitting
a
person
to
bring
alcoholic
beverages
on
your
premises,
for
consumption
on
your
premises,
whether
or
not
a
fee
is
charged
or
a
license
is
required
for
such
activity,
is
not
by
itself
considered
the
business
of
selling,
serving
or
furnishing
alcoholic
beverages.
d.

Workers' Compensation And Similar Laws
Any
obligation
of
the
insured
under
a
workers'
compensation,
disability
benefits
or
unemployment
compensation
law or any similar law.

Form HG 00 01 09 16
Page
3 of
22 e.

Employer's Liability
"Bodily injury" to:
(1)
An "employee" of the insured arising out of and in the course of:
(a)
Employment by the insured; or
(b)
Performing duties related to the conduct of the insured's business; or (2)
The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1)
above.

This exclusion applies:
(1)
Whether the insured may be liable as an employer or in any other capacity; and (2)
To
any
obligation
to
share
damages
with
or
repay
someone
else
who
must
pay
damages
because
of
the
injury.

This exclusion does not apply to liability assumed by the insured under an "insured contract". f.

Pollution
(1)
"Bodily
injury"
or
"property
damage"
arising
out
of
the
actual,
alleged
or
threatened
discharge,
dispersal,
seepage, migration, release or escape of "pollutants":
(a)
At
or
from
any
premises,
site
or
location
which
is
or
was
at
any
time
owned
or
occupied
by,
or
rented
or
loaned to, any insured. However, this subparagraph does not apply to:
(i)
"Bodily
injury"
if
sustained
within
a
building
and
caused
by
smoke,
fumes,
vapor
or
soot
produced
by
or
originating
from
equipment
that
is
used
to
heat,
cool
or
dehumidify
the
building,
or
equipment
that
is used to heat water for personal use, by the building's occupants or their guests; (ii)
"Bodily
injury"
or
"property
damage"
for
which
you
may
be
held
liable,
if
you
are
a
contractor
and
the
owner
or
lessee
of
such
premises,
site
or
location
has
been
added
to
your
policy
as
an
additional
insured
with
respect
to
your
ongoing
operations
performed
for
that
additional
insured
at
that
premises,
site
or
location
and
such
premises,
site
or
location
is
not
and
never
was
owned
or
occupied
by, or rented or loaned to, any insured, other than that additional insured; or (iii)
"Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b)
At
or
from
any
premises,
site
or
location
which
is
or
was
at
any
time
used
by
or
for
any
insured
or
others
for the handling, storage, disposal, processing or treatment of waste; (c)
Which
are
or
were
at
any
time
transported,
handled,
stored,
treated,
disposed
of,
or
processed
as
waste
by or for:
(i)
Any insured; or
(ii)
Any person or organization for whom you may be legally responsible; (d)
At
or
from
any
premises,
site
or
location
on
which
any
insured
or
any
contractors
or
subcontractors
working
directly
or
indirectly
on
any
insured's
behalf
are
performing
operations
if
the
"pollutants"
are
brought
on
or
to
the
premises,
site
or
location
in
connection
with
such
operations
by
such
insured,
contractor or subcontractor. However, this subparagraph does not apply to:
(i)
"Bodily
injury"
or
"property
damage"
arising
out
of
the
escape
of
fuels,
lubricants
or
other
operating
fluids
which
are
needed
to
perform
the
normal
electrical,
hydraulic
or
mechanical
functions
necessary
for
the
operation
of
"mobile
equipment"
or
its
parts,
if
such
fuels,
lubricants
or
other
operating
fluids
escape
from
a
vehicle
part
designed
to
hold,
store
or
receive
them.

This
exception
does
not
apply
if
the
"bodily
injury"
or
"property
damage"
arises
out
of
the
intentional
discharge,
dispersal
or
release
of
the
fuels,
lubricants
or
other
operating
fluids,
or
if
such
fuels,
lubricants
or
other
operating
fluids
are
brought
on
or
to
the
premises,
site
or
location
with
the
intent
that
they
be
discharged,
dispersed
or
released as part of the operations being performed by such insured, contractor or subcontractor; (ii)
"Bodily
injury"
or
"property
damage"
sustained
within
a
building
and
caused
by
the
release
of
gases,
fumes
or
vapors
from
materials
brought
into
that
building
in
connection
with
operations
being
performed by you or on your behalf by a contractor or subcontractor; or (iii)
"Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e)
At
or
from
any
premises,
site
or
location
on
which
any
insured
or
any
contractors
or
subcontractors
working
directly
or
indirectly
on
any
insured's
behalf
are
performing
operations
if
the
operations
are
to
test
for,
monitor,
clean
up,
remove,
contain,
treat,
detoxify
or
neutralize,
or
in
any
way
respond
to,
or
assess
the effects of, "pollutants".

Page
4 of
22 Form HG 00 01 09 16
(2)
Any loss, cost or expense arising out of any:
(a)
Request,
demand,
order
or
statutory
or
regulatory
requirement
that
any
insured
or
others
test
for,
monitor,
clean
up,
remove,
contain,
treat,
detoxify
or
neutralize,
or
in
any
way
respond
to,
or
assess
the
effects
of,
"pollutants"; or
(b)
Claim
or
suit
by
or
on
behalf
of
a
governmental
authority
for
damages
because
of
testing
for,
monitoring,
cleaning
up,
removing,
containing,
treating,
detoxifying
or
neutralizing,
or
in
any
way
responding
to,
or
assessing the effects of, "pollutants".

However,
this
paragraph
does
not
apply
to
liability
for
damages
because
of
"property
damage"
that
the
insured
would
have
in
the
absence
of
such
request,
demand,
order
or
statutory
or
regulatory
requirement,
or
such claim or "suit" by or on behalf of a governmental authority. g.

Aircraft, Auto Or Watercraft
"Bodily
injury"
or
"property
damage"
arising
out
of
the
ownership,
maintenance,
use
or
entrustment
to
others
of
any
aircraft,
"auto"
or
watercraft
owned
or
operated
by
or
rented
or
loaned
to
any
insured.

Use
includes
operation
and "loading or unloading".

This
exclusion
applies
even
if
the
claims
against
any
insured
allege
negligence
or
other
wrongdoing
in
the
supervision,
hiring,
employment,
training
or
monitoring
of
others
by
that
insured,
if
the
"occurrence"
which
caused
the
"bodily
injury"
or
"property
damage"
involved
the
ownership,
maintenance,
use
or
entrustment
to
others
of
any
aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured.

This exclusion does not apply to:
(1)
A watercraft while ashore on premises you own or rent;
(2)
A watercraft you do not own that is:
(a)
Less than 51 feet long; and
(b)
Not being used to carry persons for a charge;
(3)
Parking
an
"auto"
on,
or
on
the
ways
next
to,
premises
you
own
or
rent,
provided
the
"auto"
is
not
owned
by
or rented or loaned to you or the insured;
(4)
Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5)
"Bodily injury" or "property damage" arising out of:
(a)
The
operation
of
machinery
or
equipment
that
is
attached
to,
or
part
of,
a
land
vehicle
that
would
qualify
under
the
definition
of
"mobile
equipment"
if
it
were
not
subject
to
a
compulsory
or
financial
responsibility
law or other motor vehicle insurance law where it is licensed or principally garaged; or (b)
The
operation
of
any
of
the
machinery
or
equipment
listed
in
Paragraph
f.(2)
or
f.(3)
of
the
definition
of
"mobile equipment"; or
(6)
An
aircraft
that
is
not
owned
by
any
insured
and
is
hired,
chartered
or
loaned
with
a
paid
crew.

However,
this
exception
does
not
apply
if
the
insured
has
any
other
insurance
for
such
"bodily
injury"
or
"property
damage",
whether the other insurance is primary, excess, contingent or on any other basis. h.

Mobile Equipment
"Bodily injury" or "property damage" arising out of:
(1)
The
transportation
of
"mobile
equipment"
by
an
"auto"
owned
or
operated
by
or
rented
or
loaned
to
any
insured; or
(2)
The
use
of
"mobile
equipment"
in,
or
while
in
practice
for,
or
while
being
prepared
for,
any
prearranged
racing,
speed, demolition, or stunting activity.
i.

War
"Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of:
(1)
War, including undeclared or civil war;
(2)
Warlike
action
by
a
military
force,
including
action
in
hindering
or
defending
against
an
actual
or
expected
attack, by any government, sovereign or other authority using military personnel or other agents; or (3)
Insurrection,
rebellion,
revolution,
usurped
power,
or
action
taken
by
governmental
authority
in
hindering
or
defending against any of these.
j.

Damage To Property
"Property damage" to:
(1)
Property
you
own,
rent,
or
occupy,
including
any
costs
or
expenses
incurred
by
you,
or
any
other
person,
organization
or
entity,
for
repair,
replacement,
enhancement,
restoration
or
maintenance
of
such
property
for
any reason, including prevention of injury to a person or damage to another's property; Form HG 00 01 09 16
Page
5 of
22 (2)
Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3)
Property loaned to you;
(4)
Personal property in the care, custody or control of the insured; (5)
That
particular
part
of
real
property
on
which
you
or
any
contractors
or
subcontractors
working
directly
or
indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6)
That
particular
part
of
any
property
that
must
be
restored,
repaired
or
replaced
because
"your
work"
was
incorrectly performed on it.

Paragraphs
(1)
,
(3)
and
(4)
of
this
exclusion
do
not
apply
to
"property
damage"
(other
than
damage
by
fire)
to
premises,
including
the
contents
of
such
premises,
rented
to
you
for
a
period
of
seven
or
fewer
consecutive
days.

A
separate
limit
of
insurance
applies
to
Damage
To
Premises
Rented
To
You
as
described
in
Section
III
-
Limits
Of Insurance.

Paragraph
(2)
of
this
exclusion
does
not
apply
if
the
premises
are
"your
work"
and
were
never
occupied,
rented
or
held for rental by you.

Paragraphs
(3)
and
(4)
of this exclusion do not apply to "property damage" arising from the use of elevators.

Paragraphs
(3),
(4),
(5)
and
(6)
of this exclusion do not apply to liability assumed under a sidetrack agreement.

Paragraphs
(3)
and
(4)
of
this
exclusion
do
not
apply
to
"property
damage"
to
borrowed
equipment
while
not
being
used to perform operations at the job site.

Paragraph
(6)
of
this
exclusion
does
not
apply
to
"property
damage"
included
in
the
"products-completed
operations hazard".
k.

Damage To Your Product
"Property damage" to "your product" arising out of it or any part of it. l.

Damage To Your Work
"Property
damage"
to
"your
work"
arising
out
of
it
or
any
part
of
it
and
included
in
the
"products-completed
operations hazard".

This
exclusion
does
not
apply
if
the
damaged
work
or
the
work
out
of
which
the
damage
arises
was
performed
on
your behalf by a subcontractor.
m.

Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of:
(1)
A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2)
A
delay
or
failure
by
you
or
anyone
acting
on
your
behalf
to
perform
a
contract
or
agreement
in
accordance
with its terms.

This
exclusion
does
not
apply
to
the
loss
of
use
of
other
property
arising
out
of
sudden
and
accidental
physical
injury to "your product" or "your work" after it has been put to its intended use. n.

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
from
use
by
any
person
or
organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o.

Personal And Advertising Injury
"Bodily injury" arising out of "personal and advertising injury". p.

Access or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of:
(1)
Any
access
to
or
disclosure
of
any
person's
or
organization's
confidential
or
personal
information,
including
patents,
trade
secrets,
processing
methods,
customer
lists,
financial
information,
credit
card
information,
health information or any other type of nonpublic information; or (2)
The
loss
of,
loss
of
use
of,
damage
to,
corruption
of,
inability
to
access,
or
inability
to
manipulate
electronic
data.

Page
6 of
22 Form HG 00 01 09 16
This
exclusion
applies
even
if
damages
are
claimed
for
notification
costs,
credit
monitoring
expenses,
forensic
expenses,
public
relations
expenses
or
any
other
loss,
cost
or
expense
incurred
by
you
or
others
arising
out
of
that which is described in Paragraph
(1)
or
(2)
above.

However,
unless
Paragraph
(1)
above
applies,
this
exclusion
does
not
apply
to
damages
because
of
"bodily
injury".

As
used
in
this
exclusion,
electronic
data
means
information,
facts
or
programs
stored
as
or
on,
created
or
used
on,
or
transmitted
to
or
from
computer
software,
including
systems
and
applications
software,
hard
or
floppy
disks,

CD-ROMS,
tapes,
drives,
cells,
data
processing
devices
or
any
other
media
which
are
used
with
electronically
controlled equipment.
q.

Employment-Related Practices
"Bodily injury" to:
(1)
A person arising out of any "employment-related practices"; or (2)
The
spouse,
child,
parent,
brother
or
sister
of
that
person
as
a
consequence
of
"bodily
injury"
to
that
person
at
whom any "employment-related practices" are directed.

This exclusion applies:
(1)
Whether
the
injury-causing
event
described
in
the
definition
of
"employment-related
practices"
occurs
before
employment, during employment or after employment of that person; (2)
Whether the insured may be liable as an employer or in any other capacity; and (3)
To
any
obligation
to
share
damages
with
or
repay
someone
else
who
must
pay
damages
because
of
the
injury.
r.

Asbestos
(1)
"Bodily injury" or "property damage" arising out of the "asbestos hazard". (2)
Any damages, judgments, settlements, loss, costs or expenses that:
(a)
May
be
awarded
or
incurred
by
reason
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
others
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
claim
or
suit
for
damages
because
of
testing
for,
monitoring,
cleaning
up,
removing,
encapsulating,
containing,
treating,
detoxifying
or
neutralizing
or
in
any
way
responding
to
or
assessing
the effects of an "asbestos hazard".
s.

Recording And Distribution Of Material Or Information In Violation Of Law "Bodily
injury"
or
"property
damage"
arising
directly
or
indirectly
out
of
any
action
or
omission
that
violates
or
is
alleged to violate:
(1)
The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2)
The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3)
The
Fair
Credit
Reporting
Act
(FCRA),
and
any
amendment
of
or
addition
to
such
law,
including
the
Fair
and
Accurate Credit Transaction Act (FACTA); or
(4)
Any
federal,
state
or
local
statute,
ordinance
or
regulation,
other
than
the
TCPA
or

CAN-SPAM
Act
of
2003
or
FCRA
and
their
amendments
and
additions,
that
addresses,
prohibits
or
limits
the
printing,
dissemination,
disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.

Damage To Premises Rented To You - Exception For Damage By Fire, Lightning Or Explosion Exclusions
c.
through
h.
and
j.
through
n.
do
not
apply
to
damage
by
fire,
lightning
or
explosion
to
premises
while
rented
to
you
or
temporarily
occupied
by
you
with
permission
of
the
owner.

A
separate
limit
of
insurance
applies
to
this coverage as described in Section
III
- Limits Of Insurance.

COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY

1. Insuring Agreement
a.

We
will
pay
those
sums
that
the
insured
becomes
legally
obligated
to
pay
as
damages
because
of
"personal
and
advertising
injury"
to
which
this
insurance
applies.

We
will
have
the
right
and
duty
to
defend
the
insured
against
any
"suit"
seeking
those
damages.

However,
we
will
have
no
duty
to
defend
the
insured
against
any
"suit"
seeking
damages
for
"personal
and
advertising
injury"
to
which
this
insurance
does
not
apply.

We
may,
at
our
discretion,
investigate any offense and settle any claim or "suit" that may result. But:

Form HG 00 01 09 16
Page
7 of
22 (1)
The amount we will pay for damages is limited as described in Section III
- Limits Of Insurance; and
(2)
Our
right
and
duty
to
defend
end
when
we
have
used
up
the
applicable
limit
of
insurance
in
the
payment
of
judgments or settlements under Coverages
A
or
B
or medical expenses under Coverage
C
.

No
other
obligation
or
liability
to
pay
sums
or
perform
acts
or
services
is
covered
unless
explicitly
provided
for
under Supplementary Payments - Coverages
A
and
B
.
b.

This
insurance
applies
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.

2. Exclusions
This insurance does not apply to:
a.

Knowing Violation Of Rights Of Another
"Personal
and
advertising
injury"
arising
out
of
an
offense
committed
by,
at
the
direction
or
with
the
consent
or
acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b.

Material Published With Knowledge Of Falsity
"Personal
and
advertising
injury"
arising
out
of
oral,
written
or
electronic
publication,
in
any
manner,
of
material,
if
done by or at the direction of the insured with knowledge of its falsity. c.

Material Published Prior To Policy Period
"Personal
and
advertising
injury"
arising
out
of
oral,
written
or
electronic
publication,
in
any
manner,
of
material
whose first publication took place before the beginning of the policy period. d.

Criminal Acts
"Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e.

Contractual Liability
"Personal
and
advertising
injury"
for
which
the
insured
has
assumed
liability
in
a
contract
or
agreement.

This
exclusion
does
not
apply
to
liability
for
damages
that
the
insured
would
have
in
the
absence
of
the
contract
or
agreement.
f.

Breach Of Contract
"Personal
and
advertising
injury"
arising
out
of
a
breach
of
contract,
except
an
implied
contract
to
use
another's
"advertising idea" in your "advertisement".
g.

Quality Or Performance Of Goods - Failure To Conform To Statements "Personal
and
advertising
injury"
arising
out
of
the
failure
of
goods,
products
or
services
to
conform
with
any
statement of quality or performance made in your "advertisement". h.

Wrong Description Of Prices
"Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. i.

Infringement Of Intellectual Property Rights
(1)
"Personal
and
advertising
injury"
arising
out
of
any
actual
or
alleged
infringement
or
violation
of
any
intellectual
property
rights
such
as
copyright,
patent,
trademark,
trade
name,
trade
secret,
trade
dress,
service
mark or other designation of origin or authenticity; or (2)
Any
injury
or
damage
alleged
in
any
clam
or
"suit"
that
also
alleges
an
infringement
or
violation
of
any
intellectual
property
right,
whether
such
allegation
of
infringement
or
violation
is
made
by
you
or
by
any
other
party involved in the claim or "suit", regardless of whether this insurance would otherwise apply.

However,
this
exclusion
does
not
apply
if
the
only
allegation
in
the
claim
or
"suit"
involving
any
intellectual
property right is limited to:
(1)
Infringement, in your "advertisement", of:
(a)
Copyright;
(b)
Slogan; or
(c)
Title of any literary or artistic work; or
(2)
Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". j.

Insureds In Media And Internet Type Businesses
"Personal and advertising injury" committed by an insured whose business is:
(1)
Advertising, broadcasting, publishing or telecasting;
(2)
Designing or determining content of web sites for others; or (3)
An Internet search, access, content or service provider.

Page
8 of
22 Form HG 00 01 09 16
However,
this
exclusion
does
not
apply
to
Paragraphs
a.
,
b.
and
c.
of
the
definition
of
"personal
and
advertising
injury" under the Definitions Section.

For
the
purposes
of
this
exclusion,
the
placing
of
frames,
borders
or
links,
or
advertising,
for
you
or
others
anywhere
on
the
Internet,
is
not
by
itself,
considered
the
business
of
advertising,
broadcasting,
publishing
or
telecasting.
k.

Electronic Chatrooms Or Bulletin Boards
"Personal
and
advertising
injury"
arising
out
of
an
electronic
chatroom
or
bulletin
board
the
insured
hosts,
owns,
or over which the insured exercises control.
l.

Unauthorized Use Of Another's Name Or Product
"Personal
and
advertising
injury"
arising
out
of
the
unauthorized
use
of
another's
name
or
product
in
your
e-mail
address, domain name or metatags, or any other similar tactics to mislead another's potential customers. m.

Pollution
"Personal
and
advertising
injury"
arising
out
of
the
actual,
alleged
or
threatened
discharge,
dispersal,
seepage,
migration, release or escape of "pollutants" at any time. n.

Pollution-Related
Any loss, cost or expense arising out of any:
(1)
Request,
demand,
order
or
statutory
or
regulatory
requirement
that
any
insured
or
others
test
for,
monitor,
clean
up,
remove,
contain,
treat,
detoxify
or
neutralize,
or
in
any
way
respond
to,
or
assess
the
effects
of,
"pollutants"; or
(2)
Claim
or
suit
by
or
on
behalf
of
a
governmental
authority
for
damages
because
of
testing
for,
monitoring,
cleaning
up,
removing,
containing,
treating,
detoxifying
or
neutralizing,
or
in
any
way
responding
to,
or
assessing the effects of, "pollutants".
o.

War
"Personal and advertising injury", however caused, arising, directly or indirectly, out of:
(1)
War, including undeclared or civil war;
(2)
Warlike
action
by
a
military
force,
including
action
in
hindering
or
defending
against
an
actual
or
expected
attack, by any government, sovereign or other authority using military personnel or other agents; or (3)
Insurrection,
rebellion,
revolution,
usurped
power,
or
action
taken
by
governmental
authority
in
hindering
or
defending against any of these.
p.

Internet Advertisements And Content Of Others
"Personal and advertising injury" arising out of:
(1)
An "advertisement" for others on your web site;
(2)
Placing a link to a web site of others on your web site; (3)
Content,
including
information,
sounds,
text,
graphics,
or
images
from
a
web
site
of
others
displayed
within
a
frame or border on your web site; or
(4)
Computer code, software or programming used to enable:
(a)
Your web site; or
(b)
The presentation or functionality of an "advertisement" or other content on your web site. q.

Right Of Privacy Created By Statute
"Personal
and
advertising
injury"
arising
out
of
the
violation
of
a
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.
r.

Violation Of Anti-Trust law
"Personal and advertising injury" arising out of a violation of any anti-trust law. s.

Securities
"Personal
and
advertising
injury"
arising
out
of
the
fluctuation
in
price
or
value
of
any
stocks,
bonds
or
other
securities.
t.

Recording And Distribution Of Material Or Information In Violation Of Law "Personal
and
advertising
injury"
arising
directly
or
indirectly
out
of
any
action
or
omission
that
violates
or
is
alleged to violate:

Form HG 00 01 09 16
Page
9 of
22 (1)
The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2)
The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3)
The
Fair
Credit
Reporting
Act
(FCRA),
and
any
amendment
of
or
addition
to
such
law,
including
the
Fair
and
Accurate Credit Transaction Act (FACTA); or
(4)
Any
federal,
state
or
local
statute,
ordinance
or
regulation,
other
than
the
TCPA
or

Employment-Related Practices
"Personal and advertising injury" to:
(1)
A person arising out of any "employment-related practices"; or (2)
The
spouse,
child,
parent,
brother
or
sister
of
that
person
as
a
consequence
of
"personal
and
advertising
injury" to that person at whom any "employment-related practices" are directed.

Asbestos
(1)
"Personal and advertising injury" arising out of the "asbestos hazard". (2)
Any damages, judgments, settlements, loss, costs or expenses that:
(a)
May
be
awarded
or
incurred
by
reason
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
others
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
claim
or
suit
for
damages
because
of
testing
for,
monitoring,
cleaning
up,
removing,
encapsulating,
containing,
treating,
detoxifying
or
neutralizing
or
in
any
way
responding
to
or
assessing
the effects of an "asbestos hazard".
w.

Access Or Disclosure Of Confidential Or Personal Information "Personal
and
advertising
injury"
arising
out
of
any
access
to
or
disclosure
of
any
person's
or
organization's
confidential
or
personal
information,
including
patents,
trade
secrets,
processing
methods,
customer
lists,
financial
information, credit card information, health information or any other type of nonpublic information.

This
exclusion
applies
even
if
damages
are
claimed
for
notification
costs,
credit
monitoring
expenses,
forensic
expenses,
public
relations
expenses
or
any
other
loss,
cost
or
expense
incurred
by
you
or
others
arising
out
of
any access to or disclosure of any person's or organization's confidential or personal information.

COVERAGE C MEDICAL PAYMENTS

1. Insuring Agreement
a.

We will pay medical expenses as described below for "bodily injury" caused by an accident:
(1)
On premises you own or rent;
(2)
On ways next to premises you own or rent; or
(3)
Because of your operations;
provided that:
(1)
The accident takes place in the "coverage territory" and during the policy period; (2)
The expenses are incurred and reported to us within three years of the date of the accident; and (3)
The
injured
person
submits
to
examination,
at
our
expense,
by
physicians
of
our
choice
as
often
as
we
reasonably require.
b.

We
will
make
these
payments
regardless
of
fault.

These
payments
will
not
exceed
the
applicable
limit
of
insurance. We will pay reasonable expenses for:
(1)
First aid administered at the time of an accident;
(2)
Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and Page
10 of
22 Form HG 00 01 09 16
(3)
Necessary ambulance, hospital, professional nursing and funeral services.

2. Exclusions
We will not pay expenses for "bodily injury":
a.

Any Insured
To any insured, except "volunteer workers".
b.

Hired Person
To a person hired to do work for or on behalf of any insured or a tenant of any insured. c.

Injury On Normally Occupied Premises
To a person injured on that part of premises you own or rent that the person normally occupies. d.

Workers Compensation And Similar Laws
To
a
person,
whether
or
not
an
"employee"
of
any
insured,
if
benefits
for
the
"bodily
injury"
are
payable
or
must
be
provided under a workers' compensation or disability benefits law or a similar law. e.

Athletics Activities
To
a
person
injured
while
practicing,
instructing
or
participating
in
any
physical
exercises
or
games,
sports,
or
athletic contests.
f.

Products-Completed Operations Hazard
Included within the "products-completed operations hazard". g.

Coverage A Exclusions
Excluded under Coverage
A
.

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B

1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend:
a.

All expenses we incur.
b.

Up
to
$1,000
for
cost
of
bail
bonds
required
because
of
accidents
or
traffic
law
violations
arising
out
of
the
use
of
any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c.

The
cost
of
appeal
bonds
or
bonds
to
release
attachments,
but
only
for
bond
amounts
within
the
applicable
limit
of
insurance. We do not have to furnish these bonds.
d.

All
reasonable
expenses
incurred
by
the
insured
at
our
request
to
assist
us
in
the
investigation
or
defense
of
the
claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. e.

All
court
costs
taxed
against
the
insured
in
the
"suit".

However,
such
costs
do
not
include
attorneys'
fees,
attorneys' expenses, witness or expert fees, or any other expenses of a party taxed to the insured. f.

Prejudgment
interest
awarded
against
the
insured
on
that
part
of
the
judgment
we
pay.

If
we
make
an
offer
to
pay
the
applicable
limit
of
insurance,
we
will
not
pay
any
prejudgment
interest
based
on
that
period
of
time
after
the
offer.
g.

All
interest
on
the
full
amount
of
any
judgment
that
accrues
after
entry
of
the
judgment
and
before
we
have
paid,
offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance.

These payments will not reduce the limits of insurance.

2. 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 indemnitee if all of the following conditions are met:
a.

The
"suit"
against
the
indemnitee
seeks
damages
for
which
the
insured
has
assumed
the
liability
of
the
indemnitee in a contract or agreement that is an "insured contract"; b.

This insurance applies to such liability assumed by the insured; c.

The
obligation
to
defend,
or
the
cost
of
the
defense
of,
that
indemnitee,
has
also
been
assumed
by
the
insured
in
the same "insured contract";
d.

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 interests of the indemnitee; e.

The
indemnitee
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 indemnitee; and f.

The indemnitee:
(1)
Agrees in writing to:
(a)
Cooperate with us in the investigation, settlement or defense of the "suit"; Form HG 00 01 09 16
Page
11 of
22 (b)
Immediately
send
us
copies
of
any
demands,
notices,
summonses
or
legal
papers
received
in
connection
with the "suit";
(c)
Notify any other insurer whose coverage is available to the indemnitee; and (d)
Cooperate
with
us
with
respect
to
coordinating
other
applicable
insurance
available
to
the
indemnitee;
and
(2)
Provides us with written authorization to:
(a)
Obtain records and other information related to the "suit"; and (b)
Conduct and control the defense of the indemnitee in such "suit".

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

2.b.(2)
of
Section
I
-
Coverage
A
-
Bodily
Injury
And
Property
Damage
Liability,
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:
a.

We have used up the applicable limit of insurance in the payment of judgments or settlements; or b.

The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met.

SECTION II - WHO IS AN INSURED

1. If you are designated in the Declarations as:
a.

An
individual,
you
and
your
spouse
are
insureds,
but
only
with
respect
to
the
conduct
of
a
business
of
which
you
are the sole owner.
b.

A
partnership
or
joint
venture,
you
are
an
insured.

Your
members,
your
partners,
and
their
spouses
are
also
insureds, but only with respect to the conduct of your business. c.

A
limited
liability
company,
you
are
an
insured.

Your
members
are
also
insureds,
but
only
with
respect
to
the
conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d.

An
organization
other
than
a
partnership,
joint
venture
or
limited
liability
company,
you
are
an
insured.

Your
"executive
officers"
and
directors
are
insureds,
but
only
with
respect
to
their
duties
as
your
officers
or
directors.

Your stockholders are also insureds, but only with respect to their liability as stockholders. e.

A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees.

2. Each of the following is also an insured:
a.

Employees And Volunteer Workers
Your
"volunteer
workers"
only
while
performing
duties
related
to
the
conduct
of
your
business,
or
your
"employees",
other
than
either
your
"executive
officers"
(if
you
are
an
organization
other
than
a
partnership,
joint
venture
or
limited
liability
company)
or
your
managers
(if
you
are
a
limited
liability
company),
but
only
for
acts
within the scope of their employment by you or while performing duties related to the conduct of your business.

However, none of these "employees" or "volunteer workers" are insureds for:
(1)
"Bodily injury" or "personal and advertising injury":
(a)
To
you,
to
your
partners
or
members
(if
you
are
a
partnership
or
joint
venture),
to
your
members
(if
you
are
a
limited
liability
company),
to
a
co-"employee"
while
in
the
course
of
his
or
her
employment
or
performing
duties
related
to
the
conduct
of
your
business,
or
to
your
other
"volunteer
workers"
while
performing duties related to the conduct of your business; (b)
To
the
spouse,
child,
parent,
brother
or
sister
of
that
co-"employee"
or
that
"volunteer
worker"
as
a
consequence of Paragraph
(1)(a)
above;
(c)
For
which
there
is
any
obligation
to
share
damages
with
or
repay
someone
else
who
must
pay
damages
because of the injury described in Paragraphs
(1)(a)
or
(1)(b)
above; or
(d)
Arising out of his or her providing or failing to provide professional health care services.

If you are not in the business of providing professional health care services:
(a)
Subparagraphs
(1)(a)
,
(1)(b)
and
(1)(c)
above
do
not
apply
to
any
"employee"
or
"volunteer
worker"
providing first aid services; and
(b)
Subparagraph
(1)(d)
above
does
not
apply
to
any
nurse,
emergency
medical
technician
or
paramedic
employed by you to provide such services.
(2)
"Property damage" to property:
(a)
Owned, occupied or used by,
Page
12 of
22 Form HG 00 01 09 16
(b)
Rented
to,
in
the
care,
custody
or
control
of,
or
over
which
physical
control
is
being
exercised
for
any
purpose by
you,
any
of
your
"employees",
"volunteer
workers",
any
partner
or
member
(if
you
are
a
partnership
or
joint
venture), or any member (if you are a limited liability company). b.

Real Estate Manager
Any
person
(other
than
your
"employee"
or
"volunteer
worker"),
or
any
organization
while
acting
as
your
real
estate manager.
c.

Temporary Custodians Of Your Property
Any person or organization having proper temporary custody of your property if you die, but only:
(1)
With respect to liability arising out of the maintenance or use of that property; and (2)
Until your legal representative has been appointed.
d.

Legal Representative If You Die
Your
legal
representative
if
you
die,
but
only
with
respect
to
duties
as
such.

That
representative
will
have
all
your
rights and duties under this Coverage Part.
e.

Unnamed Subsidiary
Any
subsidiary,
and
subsidiary
thereof,
of
yours
which
is
a
legally
incorporated
entity
of
which
you
own
a
financial
interest of more than 50% of the voting stock on the effective date of the Coverage Part.

The
insurance
afforded
herein
for
any
subsidiary
not
named
in
this
Coverage
Part
as
a
named
insured
does
not
apply
to
injury
or
damage
with
respect
to
which
such
insured
is
also
a
named
insured
under
another
policy
or
would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance.

3. Newly Acquired Or Formed Organization
Any
organization
you
newly
acquire
or
form,
other
than
a
partnership,
joint
venture
or
limited
liability
company,
and
over
which
you
maintain
financial
interest
of
more
than
50%
of
the
voting
stock,
will
qualify
as
a
Named
Insured
if
there is no other similar insurance available to that organization. However:
a.

Coverage
under
this
provision
is
afforded
only
until
the
180th
day
after
you
acquire
or
form
the
organization
or
the
end of the policy period, whichever is earlier;
b.

Coverage
A
does
not
apply
to
"bodily
injury"
or
"property
damage"
that
occurred
before
you
acquired
or
formed
the organization; and
c.

Coverage
B
does
not
apply
to
"personal
and
advertising
injury"
arising
out
of
an
offense
committed
before
you
acquired or formed the organization.

4. Nonowned Watercraft
With
respect
to
watercraft
you
do
not
own
that
is
less
than
51 feet
long
and
is
not
being
used
to
carry
persons
for
a
charge,
any
person
is
an
insured
while
operating
such
watercraft
with
your
permission.

Any
other
person
or
organization
responsible
for
the
conduct
of
such
person
is
also
an
insured,
but
only
with
respect
to
liability
arising
out
of
the
operation
of
the
watercraft,
and
only
if
no
other
insurance
of
any
kind
is
available
to
that
person
or
organization
for this liability.

However, no person or organization is an insured with respect to:
a.
"Bodily injury" to a co-"employee" of the person operating the watercraft; or b.
"Property
damage"
to
property
owned
by,
rented
to,
in
the
charge
of
or
occupied
by
you
or
the
employer
of
any
person who is an insured under this provision.

5. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The
following
person(s)
or
organization(s)
are
an
additional
insured
when
you
have
agreed,
in
a
written
contract,
written
agreement
or
because
of
a
permit
issued
by
a
state
or
political
subdivision,
that
such
person
or
organization
be
added
as
an
additional
insured
on
your
policy,
provided
the
injury
or
damage
occurs
subsequent
to
the
execution
of the contract or agreement.

A
person
or
organization
is
an
additional
insured
under
this
provision
only
for
that
period
of
time
required
by
the
contract or agreement.

However,
no
such
person
or
organization
is
an
insured
under
this
provision
if
such
person
or
organization
is
included
as an insured by an endorsement issued by us and made a part of this Coverage Part. a.

Vendors
Any
person(s)
or
organization(s)
(referred
to
below
as
vendor),
but
only
with
respect
to
"bodily
injury"
or
"property
damage"
arising
out
of
"your
products"
which
are
distributed
or
sold
in
the
regular
course
of
the
vendor's
business
Form HG 00 01 09 16
Page
13 of
22 and
only
if
this
Coverage
Part
provides
coverage
for
"bodily
injury"
or
"property
damage"
included
within
the
"products-completed operations hazard".
(1)
The insurance afforded the vendor is subject to the following additional exclusions:

This insurance does not apply to:
(a)
"Bodily
injury"
or
"property
damage"
for
which
the
vendor
is
obligated
to
pay
damages
by
reason
of
the
assumption
of
liability
in
a
contract
or
agreement.

This
exclusion
does
not
apply
to
liability
for
damages
that the vendor would have in the absence of the contract or agreement; (b)
Any express warranty unauthorized by you;
(c)
Any physical or chemical change in the product made intentionally by the vendor; (d)
Repackaging,
except
when
unpacked
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;
(e)
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;
(f)
Demonstration,
installation,
servicing
or
repair
operations,
except
such
operations
performed
at
the
vendor's premises in connection with the sale of the product; (g)
Products
which,
after
distribution
or
sale
by
you,
have
been
labeled
or
relabeled
or
used
as
a
container,
part or ingredient of any other thing or substance by or for the vendor; or (h)
"Bodily
injury"
or
"property
damage"
arising
out
of
the
sole
negligence
of
the
vendor
for
its
own
acts
or
omissions
or
those
of
its
employees
or
anyone
else
acting
on
its
behalf.

However,
this
exclusion
does
not
apply to:
(i)
The exceptions contained in Sub-paragraphs
(d)
or
(f)
; or
(ii)
Such
inspections,
adjustments,
tests
or
servicing
as
the
vendor
has
agreed
to
make
or
normally
undertakes
to
make
in
the
usual
course
of
business,
in
connection
with
the
distribution
or
sale
of
the
products.
(2)
This
insurance
does
not
apply
to
any
insured
person
or
organization,
from
whom
you
have
acquired
such
products, or any ingredient, part or container, entering into, accompanying or containing such products. b.

Lessors Of Equipment
(1)
Any
person(s)
or
organization(s)
from
whom
you
lease
equipment;
but
only
with
respect
to
their
liability
for
"bodily
injury",
"property
damage"
or
"personal
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 organization(s). (2)
With
respect
to
the
insurance
afforded
to
these
additional
insureds
this
insurance
does
not
apply
to
any
"occurrence" which takes place after the equipment lease expires. c.

Lessors Of Land Or Premises
Any
person
or
organization
from
whom
you
lease
land
or
premises,
but
only
with
respect
to
liability
arising
out
of
the ownership, maintenance or use of that part of the land or premises leased to you.

With respect to the insurance afforded these additional insureds the following additional exclusions apply:

This insurance does not apply to:

1. Any "occurrence" which 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.
d.

Architects, Engineers Or Surveyors
Any
architect,
engineer,
or
surveyor,
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 behalf:
(1)
In connection with your premises; or
(2)
In the performance of your ongoing operations performed by you or on your behalf.

With respect to the insurance afforded these additional insureds, the following additional exclusion applies:

This
insurance
does
not
apply
to
"bodily
injury",
"property
damage"
or
"personal
and
advertising
injury"
arising
out
of the rendering of or the failure to render any professional services by or for you, including:

1. The
preparing,
approving,
or
failing
to
prepare
or
approve,
maps,
shop
drawings,
opinions,
reports,
surveys,
field orders, change orders or drawings and specifications; or Page
14 of
22 Form HG 00 01 09 16

2. Supervisory, inspection, architectural or engineering activities.

This
exclusion
applies
even
if
the
claims
against
any
insured
allege
negligence
or
other
wrongdoing
in
the
supervision,
hiring,
employment,
training
or
monitoring
of
others
by
that
insured,
if
the
"occurrence"
which
caused
the
"bodily
injury"
or
"property
damage",
or
the
offense
which
caused
the
"personal
and
advertising
injury",
involved the rendering of or the failure to render any professional services by or for you. e.

Permits Issued By State Or Political Subdivisions
Any
state
or
political
subdivision,
but
only
with
respect
to
operations
performed
by
you
or
on
your
behalf
for
which
the state or political subdivision has issued a permit.

With respect to the insurance afforded these additional insureds, this insurance does not apply to:
(1)
"Bodily
injury",
"property
damage"
or
"personal
and
advertising
injury"
arising
out
of
operations
performed
for
the state or municipality; or
(2)
"Bodily injury" or "property damage" included within the "products-completed operations hazard". f.

Any Other Party
Any
other
person
or
organization
who
is
not
an
additional
insured
under
Paragraphs
a.
through
e.
above,
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 behalf:
(1)
In the performance of your ongoing operations;
(2)
In connection with your premises owned by or rented to you; or (3)
In connection with "your work" and included within the "products-completed operations hazard", but only if (a)
The written contract or agreement requires you to provide such coverage to such additional insured; and (b)
This
Coverage
Part
provides
coverage
for
"bodily
injury"
or
"property
damage"
included
within
the
"products-completed operations hazard".

However:
(1)
The insurance afforded to such additional insured only applies to the extent permitted by law; and (2)
If
coverage
provided
to
the
additional
insured
is
required
by
a
contract
or
agreement,
the
insurance
afforded
to
such
additional
insured
will
not
be
broader
than
that
which
you
are
required
by
the
contract
or
agreement
to
provide for such additional insured.

With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
"Bodily
injury",
"property
damage"
or
"personal
and
advertising
injury"
arising
out
of
the
rendering
of,
or
the
failure
to render, any professional architectural, engineering or surveying services, including:
(1)
The
preparing,
approving,
or
failing
to
prepare
or
approve,
maps,
shop
drawings,
opinions,
reports,
surveys,
field orders, change orders or drawings and specifications; or (2)
Supervisory, inspection, architectural or engineering activities.

This
exclusion
applies
even
if
the
claims
against
any
insured
allege
negligence
or
other
wrongdoing
in
the
supervision,
hiring,
employment,
training
or
monitoring
of
others
by
that
insured,
if
the
"occurrence"
which
caused
the
"bodily
injury"
or
"property
damage",
or
the
offense
which
caused
the
"personal
and
advertising
injury",
involved the rendering of or the failure to render any professional services by or for you.

The limits of insurance that apply to additional insureds is described in Section III
- Limits Of Insurance.

How
this
insurance
applies
when
other
insurance
is
available
to
the
additional
insured
is
described
in
the
Other
Insurance Condition in Section
IV
- Commercial General Liability 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.

SECTION III - LIMITS OF INSURANCE

1. The Most We 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 or organizations making claims or bringing "suits".

2. General Aggregate Limit
The General Aggregate Limit is the most we will pay for the sum of:
a.

Medical expenses under Coverage
C
;
Form HG 00 01 09 16
Page
15 of
22 b.

Damages
under
Coverage
A,
except
damages
because
of
"bodily
injury"
or
"property
damage"
included
in
the
"products-completed operations hazard"; and
c.

Damages under Coverage
B.

3. Products-Completed Operations Aggregate Limit
The
Products-Completed
Operations
Aggregate
Limit
is
the
most
we
will
pay
under
Coverage
A
for
damages
because
of "bodily injury" and "property damage" included in the "products-completed operations hazard".

4. Personal And Advertising Injury Limit
Subject
to

2. above,
the
Personal
and
Advertising
Injury
Limit
is
the
most
we
will
pay
under
Coverage
B
for
the
sum
of
all damages because of all "personal and advertising injury" sustained by any one person or organization.

5. Each Occurrence Limit
Subject to

2. or

3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of:
a.

Damages under Coverage
A
; and
b.

Medical expenses under Coverage
C
because of all "bodily injury" and "property damage" arising out of any one "occurrence".

6. Damage To Premises Rented To You Limit
Subject
to

5. above,
the
Damage
To
Premises
Rented
To
You
Limit
is
the
most
we
will
pay
under
Coverage
A
for
damages
because
of
"property
damage"
to
any
one
premises,
while
rented
to
you,
or
in
the
case
of
damage
by
fire,
lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner.

In
the
case
of
damage
by
fire,
lightning
or
explosion,
the
Damage
to
Premises
Rented
To
You
Limit
applies
to
all
damage
proximately
caused
by
the
same
event,
whether
such
damage
results
from
fire,
lightning
or
explosion
or
any
combination of these.

7. Medical Expense Limit
Subject
to

5. above,
the
Medical
Expense
Limit
is
the
most
we
will
pay
under
Coverage
C
for
all
medical
expenses
because of "bodily injury" sustained by any one person.

8. How Limits Apply To Additional Insureds
If
you
have
agreed
in
a
written
contract
or
written
agreement
that
another
person
or
organization
be
added
as
an
additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of:
a.

The limits of insurance specified in the written contract or written agreement; or b.

The Limits of Insurance shown in the Declarations.

Such
amount
shall
be
a
part
of
and
not
in
addition
to
Limits
of
Insurance
shown
in
the
Declarations
and
described
in
this Section.

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
case,
the
additional
period
will
be
deemed part of the last preceding period for purposes of determining the Limits of Insurance.

SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS

1. Bankruptcy
Bankruptcy
or
insolvency
of
the
insured
or
of
the
insured's
estate
will
not
relieve
us
of
our
obligations
under
this
Coverage Part.

2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a.

Notice Of Occurrence Or Offense
You
or
any
additional
insured
must
see
to
it
that
we
are
notified
as
soon
as
practicable
of
an
"occurrence"
or
an
offense which may result in a 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 (2)
Notify us as soon as practicable.

Page
16 of
22 Form HG 00 01 09 16
You
or
any
additional
insured
must
see
to
it
that
we
receive
written
notice
of
the
claim
or
"suit"
as
soon
as
practicable.
c.

Assistance And Cooperation Of The Insured
You and any other involved insured must:
(1)
Immediately
send
us
copies
of
any
demands,
notices,
summonses
or
legal
papers
received
in
connection
with
the claim or "suit";
(2)
Authorize us to obtain records and other information;
(3)
Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4)
Assist
us,
upon
our
request,
in
the
enforcement
of
any
right
against
any
person
or
organization
which
may
be
liable to the insured because of injury or damage to which this insurance may also apply. d.

Obligations At The Insureds Own Cost
No
insured
will,
except
at
that
insured's
own
cost,
voluntarily
make
a
payment,
assume
any
obligation,
or
incur
any expense, other than for first aid, without our consent. e.

Additional Insureds Other Insurance
If
we
cover
a
claim
or
"suit"
under
this
Coverage
Part
that
may
also
be
covered
by
other
insurance
available
to
an
additional
insured,
such
additional
insured
must
submit
such
claim
or
"suit"
to
the
other
insurer
for
defense
and
indemnity.

Knowledge Of An Occurrence, Offense, 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:
(1)
You or any additional insured that is an individual;
(2)
Any partner, if you or the additional insured is a partnership; (3)
Any manager, if you or the additional insured is a limited liability company; (4)
Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5)
Any trustee, if you or the additional insured is a trust; or (6)
Any elected or appointed official, if you or the additional insured is a political subdivision or public entity.

This duty applies separately to you and any additional insured.

3. Legal Action Against Us
No person or organization has a right under this Coverage Part:
a.

To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b.

To sue us on this Coverage Part unless all of its terms have been fully complied with.

A
person
or
organization
may
sue
us
to
recover
on
an
agreed
settlement
or
on
a
final
judgment
against
an
insured;
but
we
will
not
be
liable
for
damages
that
are
not
payable
under
the
terms
of
this
Coverage
Part
or
that
are
in
excess
of
the
applicable
limit
of
insurance.

An
agreed
settlement
means
a
settlement
and
release
of
liability
signed
by
us,
the
insured and the claimant or the claimant's legal representative.

4. Other Insurance
If
other
valid
and
collectible
insurance
is
available
to
the
insured
for
a
loss
we
cover
under
Coverages
A
or
B
of
this
Coverage Part, our obligations are limited as follows:
a.

Primary Insurance
This
insurance
is
primary
except
when
b.
below
applies.

If
other
insurance
is
also
primary,
we
will
share
with
all
that other insurance by the method described in
c.
below.
b.

Excess Insurance
This
insurance
is
excess
over
any
of
the
other
insurance,
whether
primary,
excess,
contingent
or
on
any
other
basis:
(1)
Your Work
That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2)
Premises Rented To You
That
is
fire,
lightning
or
explosion
insurance
for
premises
rented
to
you
or
temporarily
occupied
by
you
with
permission of the owner;
Form HG 00 01 09 16
Page
17 of
22 (3)
Tenant Liability
That
is
insurance
purchased
by
you
to
cover
your
liability
as
a
tenant
for
"property
damage"
to
premises
rented to you or temporarily occupied by you with permission of the owner; (4)
Aircraft, Auto Or Watercraft
If
the
loss
arises
out
of
the
maintenance
or
use
of
aircraft,
"autos"
or
watercraft
to
the
extent
not
subject
to
Exclusion g. of Section
I
- Coverage A - Bodily Injury And Property Damage Liability; (5)
Property Damage To Borrowed Equipment Or Use Of Elevators If
the
loss
arises
out
of
"property
damage"
to
borrowed
equipment
or
the
use
of
elevators
to
the
extent
not
subject to Exclusion
j.
of Section
I
- Coverage
A
- Bodily Injury And Property Damage Liability;
(6)
When You Are Added As An Additional Insured To Other Insurance Any
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 Any 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
or
written
agreement
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
primary
and
non-contributory
with
the
additional
insured's
own
insurance,
this
insurance
is
primary
and
we
will
not
seek contribution from that other insurance.

Paragraphs
(a)
and
(b)
do
not
apply
to
other
insurance
to
which
the
additional
insured
has
been
added
as
an additional insured.

When
this
insurance
is
excess,
we
will
have
no
duty
under
Coverages
A
or
B
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, but we will be entitled to the insured's rights against all those other insurers.

When
this
insurance
is
excess
over
other
insurance,
we
will
pay
only
our
share
of
the
amount
of
the
loss,
if
any, that exceeds the sum of:
(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.
c.

Method Of Sharing
If
all
of
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.

5. Premium Audit
a.

We will compute all premiums for this Coverage Part in accordance with our rules and rates. b.

Premium
shown
in
this
Coverage
Part
as
advance
premium
is
a
deposit
premium
only.

At
the
close
of
each
audit
period
we
will
compute
the
earned
premium
for
that
period
and
send
notice
to
the
first
Named
Insured.

The
due
date
for
audit
and
retrospective
premiums
is
the
date
shown
as
the
due
date
on
the
bill.

If
the
sum
of
the
advance
and
audit
premiums
paid
for
the
policy
period
is
greater
than
the
earned
premium,
we
will
return
the
excess
to
the
first Named Insured.

Page
18 of
22 Form HG 00 01 09 16
c.

The
first
Named
Insured
must
keep
records
of
the
information
we
need
for
premium
computation,
and
send
us
copies at such times as we may request.

6. Representations
a.

When You Accept This Policy
By accepting this policy, you agree:
(1)
The statements in the Declarations are accurate and complete; (2)
Those statements are based upon representations you made to us; and (3)
We have issued this policy in reliance upon your representations. b.

Unintentional Failure To Disclose Hazards
If
unintentionally
you
should
fail
to
disclose
all
hazards
relating
to
the
conduct
of
your
business
that
exist
at
the
inception
date
of
this
Coverage
Part,
we
shall
not
deny
coverage
under
this
Coverage
Part
because
of
such
failure.

7. Separation Of Insureds
Except
with
respect
to
the
Limits
of
Insurance,
and
any
rights
or
duties
specifically
assigned
in
this
Coverage
Part
to
the first Named Insured, this insurance applies:
a.

As if each Named Insured were the only Named Insured; and b.

Separately to each insured against whom claim is made or "suit" is brought.

8. 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
rights
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 them. b.

Waiver Of Rights Of Recovery (Waiver Of Subrogation)
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.

9. When We Do Not Renew
If
we
decide
not
to
renew
this
Coverage
Part,
we
will
mail
or
deliver
to
the
first
Named
Insured
shown
in
the
Declarations written notice of the nonrenewal not less than 30 days before the expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V - DEFINITIONS

1. "Advertisement"
means
the
widespread
public
dissemination
of
information
or
images
that
has
the
purpose
of
inducing the sale of goods, products or services through:
a.
(1)
Radio;
(2)
Television;
(3)
Billboard;
(4)
Magazine;
(5)
Newspaper; or
b.

Any other publication that is given widespread public distribution.

However, "advertisement" does not include:
a.

The
design,
printed
material,
information
or
images
contained
in,
on
or
upon
the
packaging
or
labeling
of
any
goods or products; or
b.

An interactive conversation between or among persons through a computer network.

2. "Advertising idea"
means any idea for an "advertisement".

3. "Asbestos
hazard"
means
an
exposure
or
threat
of
exposure
to
the
actual
or
alleged
properties
of
asbestos
and
includes the mere presence of asbestos in any form.

4. "Auto"
means:
a.

A
land
motor
vehicle,
trailer
or
semitrailer
designed
for
travel
on
public
roads,
including
any
attached
machinery
or equipment; or
Form HG 00 01 09 16
Page
19 of
22 b.

Any
other
land
vehicle
that
is
subject
to
a
compulsory
or
financial
responsibility
law
or
other
motor
vehicle
insurance law where it is licensed or principally garaged.

However, "auto" does not include "mobile equipment".

5. "Bodily injury"
means physical:
a.

Injury;
b.

Sickness; or
c.

Disease
sustained by a person and, if arising out of the above, mental anguish or death at any time.

6. "Coverage territory"
means:
a.

The United States of America (including its territories and possessions), Puerto Rico and Canada; b.

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; or
c.

All other parts 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
"suit"
on
the
merits
according
to
the
substantive
law
in
such
territory or in a settlement we agree to.

7. "Employee"
includes a "leased worker". "Employee" does not include a "temporary worker".

8. "Employment-Related Practices"
means:
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,
demotion,
evaluation,
reassignment,
discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person.

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.

11. "Impaired
property"
means
tangible
property,
other
than
"your
product"
or
"your
work",
that
cannot
be
used
or
is
less
useful because:
a.

It
incorporates
"your
product"
or
"your
work"
that
is
known
or
thought
to
be
defective,
deficient,
inadequate
or
dangerous; or
b.

You have failed to fulfill the terms of a contract or agreement; if
such
property
can
be
restored
to
use
by
the
repair,
replacement,
adjustment
or
removal
of
"your
product"
or
"your
work", or 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
damage
by
fire,
lightning
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
III
- Limits of Insurance;
b.

A sidetrack agreement;
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.

An
obligation,
as
required
by
ordinance,
to
indemnify
a
municipality,
except
in
connection
with
work
for
a
municipality;
e.

An elevator maintenance agreement;
f.

That
part
of
any
other
contract
or
agreement
pertaining
to
your
business
(including
an
indemnification
of
a
municipality
in
connection
with
work
performed
for
a
municipality)
under
which
you
assume
the
tort
liability
of
another
party
to
pay
for
"bodily
injury"
or
"property
damage"
to
a
third
person
or
organization,
provided
the
"bodily
Page
20 of
22 Form HG 00 01 09 16
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
indemnifies
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:
(1)
That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a)
Preparing,
approving,
or
failing
to
prepare
or
approve,
maps,
shop
drawings,
opinions,
reports,
surveys,
field orders, change orders or drawings and specifications; or (b)
Giving
directions
or
instructions,
or
failing
to
give
them,
if
that
is
the
primary
cause
of
the
injury
or
damage; 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
"temporary worker".

14. "Loading or unloading"
means the handling of property:
a.

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
movement
of
property
by
means
of
a
mechanical
device,
other
than
a
hand truck, that is not attached to the aircraft, watercraft or "auto".

15. "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, maintained primarily to provide mobility to permanently mounted:
(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
not
"mobile
equipment" but will be considered "autos":
(1)
Equipment designed primarily for:
(a)
Snow removal;
(b)
Road maintenance, but not construction or resurfacing; or (c)
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.

However,
"mobile
equipment"
does
not
include
any
land
vehicle
that
is
subject
to
a
compulsory
or
financial
responsibility
law
or
other
motor
vehicle
insurance
law
where
it
is
licensed
or
principally
garaged.

Land
vehicles
subject
to
a
compulsory
or
financial
responsibility
law
or
other
motor
vehicle
insurance
law
are
considered
"autos".

Form HG 00 01 09 16
Page
21 of
22 16.
"Occurrence"
means
an
accident,
including
continuous
or
repeated
exposure
to
substantially
the
same
general
harmful conditions.

17. "Personal
and
advertising
injury"
means
injury,
including
consequential
"bodily
injury",
arising
out
of
one
or
more
of
the following offenses:
a.

False arrest, detention or imprisonment;
b.

Malicious prosecution;
c.

The
wrongful
eviction
from,
wrongful
entry
into,
or
invasion
of
the
right
of
private
occupancy
of
a
room,
dwelling
or
premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor; d.

Oral,
written
or
electronic
publication,
in
any
manner,
of
material
that
slanders
or
libels
a
person
or
organization
or
disparages a person's or organization's goods, products or services; e.

Oral, written or electronic publication, in any manner, of material that violates a person's right of privacy; f.

Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; or g.

Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement".

18. "Pollutants"
mean
any
solid,
liquid,
gaseous
or
thermal
irritant
or
contaminant,
including
smoke,
vapor,
soot,
fumes,
acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.

19. "Products-completed operations hazard":
a.

Includes
all
"bodily
injury"
and
"property
damage"
occurring
away
from
premises
you
own
or
rent
and
arising
out
of "your product" or "your work" except:
(1)
Products that are still in your physical possession; or (2)
Work
that
has
not
yet
been
completed
or
abandoned.

However,
"your
work"
will
be
deemed
completed
at
the
earliest of the following times:
(a)
When all of the work called for in your contract has been completed. (b)
When
all
of
the
work
to
be
done
at
the
job
site
has
been
completed
if
your
contract
calls
for
work
at
more
than one job site.
(c)
When
that
part
of
the
work
done
at
a
job
site
has
been
put
to
its
intended
use
by
any
person
or
organization other than another contractor or subcontractor working on the same project.

Work
that
may
need
service,
maintenance,
correction,
repair
or
replacement,
but
which
is
otherwise
complete,
will
be treated as completed.
b.

Does not include "bodily injury" or "property damage" arising out of:
(1)
The
transportation
of
property,
unless
the
injury
or
damage
arises
out
of
a
condition
in
or
on
a
vehicle
not
owned
or
operated
by
you,
and
that
condition
was
created
by
the
"loading
or
unloading"
of
that
vehicle
by
any
insured;
(2)
The existence of tools, uninstalled equipment or abandoned or unused materials; or (3)
Products
or
operations
for
which
the
classification,
listed
in
the
Declarations
or
in
a
policy
Schedule,
states
that products-completed operations are subject to the General Aggregate Limit.

20. "Property damage"
means:
a.

Physical
injury
to
tangible
property,
including
all
resulting
loss
of
use
of
that
property.

All
such
loss
of
use
shall
be
deemed to occur at the time of the physical injury that caused it; or b.

Loss
of
use
of
tangible
property
that
is
not
physically
injured.

All
such
loss
of
use
shall
be
deemed
to
occur
at
the
time of the "occurrence" that caused it.

As
used
in
this
definition,
computerized
or
electronically
stored
data,
programs
or
software
are
not
tangible
property.

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 systems and applications software, hard or floppy disks, CD- ROMS,
tapes,
drives,
cells,
data
processing
devices
or
any
other
media
which
are
used
with
electronically
controlled
equipment.

21. "Suit"
means
a
civil
proceeding
in
which
damages
because
of
"bodily
injury",
"property
damage"
or
"personal
and
advertising injury" to which this insurance applies are alleged. "Suit" includes:
a.

An
arbitration
proceeding
in
which
such
damages
are
claimed
and
to
which
the
insured
must
submit
or
does
submit with our consent; or
Page
22 of
22 Form HG 00 01 09 16
b.

Any
other
alternative
dispute
resolution
proceeding
in
which
such
damages
are
claimed
and
to
which
the
insured
submits with our consent.

22. "Temporary
worker"
means
a
person
who
is
furnished
to
you
to
substitute
for
a
permanent
"employee"
on
leave
or
to meet seasonal or short-term workload conditions.

23. "Volunteer worker"
means a person who
a.

Is not your "employee";
b.

Donates his or her work;
c.

Acts at the direction of and within the scope of duties determined by you; and d.

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 or organization whose business or assets you have acquired; and (2)
Containers
(other
than
vehicles),
materials,
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
(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. "Your work":
a.

Means:
(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. b.

Includes
(1)
Warranties
or
representations
made
at
any
time
with
respect
to
the
fitness,
quality,
durability,
performance
or
use of "your work", and
(2)
The providing of or failure to provide warnings or instructions.

Alameda City CouncilJanuary 6, 2026

Alameda City Council
January 6, 2026