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CONSTRUCTION AGREEMENT
THIS CONSTRUCTION AGREEMENT (“Agreement”) is entered into this _____ day of ___________ 2026, by and between the CITY OF ALAMEDA, a municipal corporation (“ the City"), and W. BRADLEY ELECTRIC, LLC., a Limited Liability Company whose address is 90 HILL ROAD, NOVATO, CALIFORNIA 94945 , (“Contractor”), in reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the City’s Charter.
B. The City is in need of the following services: Traffic Signal Upgrades Project. City staff issued plans and specifications on December 9, 2025, after a submittal period of thirty -five days received seven (7) of timely submitted bids, and the bids were opened on T uesday, January 13, 2026. Staff reviewed the bids and selected the lowest responsive and responsible bidder.
C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement, and desires to perform and assume responsibility for those services on the terms and conditions described herein. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by this Agreement.
D. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
E. Whereas, the City Council authorized the City Manager to execute this agreement on March 17, 2026.
F. The City and Contractor desire to enter into an agreement for the Traffic Signal Upgrades Project, upon the terms and conditions herein.
NOW, THEREFORE, in consideration of the forgoing, which are incorporated herein by reference, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. TERM:
Contractor shall have Forty-five (45) consecutive working days from the date the work is to commence pursuant to the Notice to Proceed to diligently prosecute the work to completion.
This term is extended by said number of consecutive working days pursuant a Change Order granting any extension per Project No. 07-24-18 Specifications General Requirements Section 5-
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2. SERVICES TO BE PERFORMED:
Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with the Specifications, Special Provisions and Plans, which Specifications, Special Provisions and Plans are hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. Contractor acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Contractor to perform all tasks included therein.
3. COMPENSATION TO CONTRACTOR:
Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's bid, which is attached hereto as Exhibit A and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City.
Payment will be made by the City in the following manner: On the first day of each month, Contractor shall submit a written estimate of the total amount of work done the previous month.
However, the City reserves the right to adjust budget within and between tasks. Pricing and accounting of charges are to be according to the bid packet pricing, unless mutually agreed to in writing.
Payment shall be made for 95% of the value of the work completed as determined by the City. The City shall retain 5% of the value of the work as partial security for the completion of the work by Contractor. Retained amounts shall be paid to Contractor w ithin sixty days of acceptance by the City of the project. Payment shall not be construed as acceptance of defective work. No interest will be paid to Contractor on retained funds.
Total compensation for work is $568,560, with a ten percent contingency in the amount of $57,000 for a total not to exceed of $710,844.00. Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.
Prompt Payment Of Withheld Funds To Subcontractors: The City shall hold retainage from the prime contractor and shall, as determined by the City, make prompt and regular incremental acceptances of portions of the contract work and pay retainage to the prime contractor based on these acceptances. The prim e contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted by the City, including incremental acceptances of portions of the contract work. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving (a) late payment or nonpayment by the prime contractor, (b) deficient subcontractor performance, or (c) noncompliance by a subcontractor with the contract, including but not limited to remedies under California Public Contract Code Section 9204. This clause applies to both DBE and non-DBE subcontractors.
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4. TIME IS OF THE ESSENCE:
Contractor and the City agree that time is of the essence regarding the performance of this Agreement.
It is agreed by the parties to this Agreement that if all the work called for under the Agreement is not completed before or upon the expiration of the time limit as set forth in Paragraph 1 above, damage will be sustained by the City, and it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay. It is therefore agreed that Contractor will pay the City the sum of ONE THOUSAND ONE HUNDRED DOLLARS ($1,100.00) per day as liquidated damages for each and every day's delay beyond the time prescribed to complete the work; and Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due Contractor under the Agreement.
It is further agreed that in case the work called for under the Agreement is not finished and completed in all parts and requirements within the time specified, the City shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if the City decides to extend the time limit for the completion of the Agreement, it shall further have the right to charge Contractor, its successors, heirs, assigns or sureties, and to deduct from the final payment for t he work, all or any part, as it may deem proper, of the actual costs and overhead expenses which are directly chargeable to the Agreement, and which accrue during the period of such extensions.
Contractor shall not be assessed with liquidated damages during any delay in the completion of the work caused by an act of God or of the public enemy, acts of the City, fire, flood, epidemic, quarantine restriction, strikes, freight embargoes, and unusual ly severe weather or delays of subcontractors due to such causes; provided that Contractor shall, within one (1) day from the beginning of such delay, notify the City in writing of the causes of delay. The City shall ascertain the facts in good faith and the extent of the delay, and its findings of the facts thereon shall be final and conclusive.
5. STANDARD OF CARE:
Contractor shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents th at it is skilled in the professional calling necessary to perform all services contracted for in this Agreement. Contractor further represents that all of its employees and subcontractors shall have sufficient skill and experience to perform the duties assigned to them pursuant to and in furtherance this Agreement.
Contractor further represents that it (and its employees and subcontractors) have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the services (including a City Business License, as needed); and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform (at its own cost and expense and without reimbursement from the City) any services necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of any services under Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 W. Bradley Electric, LLC 4 07-24-18
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this Agreement, or a threat to the safety of persons or property (or any employee who fails or refuses to perform the services in a manner acceptable to the City) shall be promptly removed by the Contractor and shall not be re-employed to perform any further services under this Agreement.
6. INDEPENDENT PARTIES:
Contractor hereby declares that it is engaged as an independent business and it agrees to perform its services as an independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are lim ited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services and work. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from the City to Contractor, its employees, subcontractors, suppliers or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. Any personnel performing the services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend (with counsel acceptable to the City) and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.
8. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable employer/employee conduct, neither Contractor nor Contractor’s employees, agents, subcontractors or suppliers shall harass or discriminate against any job applicant, City employee, or any person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to race, religious creed, color, national origin, ancestry, disability (both mental and physical), including HIV and AIDS, medical condition (e.g.. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Such non-discrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Contractor agrees that any violations of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, o bligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Agreement or out of the Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 W. Bradley Electric, LLC 5 07-24-18
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operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement a gainst Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City.
The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
As to Claims for professional liability only, Contractor’s obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8.
Contractor’s obligation to indemnify, defend and hold harmless Indemnitees shall expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Contractor shall furnish City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10.b. (1) through ( 5). Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days advance written notice to the City of Alameda, Attention: Risk Manager.” Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents and volunteers as additional insured shall be submitted with the insurance certificates.
b. COVERAGE:
Contractor shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:
Statutory coverage as required by the State of California. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
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If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
(3) Automotive:
Comprehensive automobile liability coverage (any auto) in the following minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (4) Pollution Prevention:
Legal liability required for hazardous materials excavation in the amount of $2,000,000 each occurrence. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
(5) Builders Risk:
Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. The coverage and limits shall be (1) the minimum coverage and limits specified in this Agreem ent; or (2) the broader coverage and maximum limits of the coverage carried by or available to the Contractor; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. c. SUBROGATION WAIVER:
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. d. FAILURE TO SECURE:
If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor's name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 W. Bradley Electric, LLC 7 07-24-18
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premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSURED:
The City, its City Council, boards, commissions, officials, employees and volunteers shall be named as an additional insured under all insurance coverages, except worker’s compensation insurance. The naming of an additional insured shall not affect any re covery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on t his policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. The additional insured coverage under the Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance.
f. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor.
g. EXCESS OR UMBRELLA LIABILITY:
If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the indemnified parties or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Contractor are exhausted.
If a Provider is using an Excess Liability policy
to supplement any insurance coverage required by this Agreement, they must submit the Excess Liability policy in full.
11. BONDS:
Contractor shall furnish the following bonds from a bonding company acceptable to the City’s Risk Manager:
A. Faithful Performance: A bond in the amount of 100% of the total contract price guaranteeing the faithful performance of this contract, and B. Labor and Materials: A bond for labor and materials in the amount of 100% of the total contract price.
Faithful Performance Bond and Labor and Material Bond are only required for work over $25,000. Therefore, those estimates that are under $25,000 will not need to budget for the bond premiums and those estimates over $25,000 will need to budget for the bond premiums.
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12. PROHIBITION AGAINST TRANSFERS:
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, Contractor’s claims for money from the City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to the City by Contractor.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the entity.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from the City is obtained, only those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement.
Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated cos ts for the subcontractor's services. Approval of the subcontractor may, at the option of the City, be issued in the form of a Work Order.
In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement.
14. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License that may be required in connection with the performance of services and work hereunder.
15. REPORTS:
Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of the City.
No report, information nor other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by the City.
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Contractor shall, at such time and in such form as the City may require, furnish reports concerning the status of services and work required under this Agreement.
16. RECORDS:
Generally, the City has the right to conduct audits of Contractor’s financial, performance and compliance records maintained in connection with Contractor’s operations and services performed under the Agreement. In the event of such audit, Contractor agrees to provide the City with reasonable access to Contractor’s employees and make all such financial (including annual financial statements signed by an independent CPA), performance and compliance records available to the City. City agrees to provide Contra ctor an opportunity to discuss and respond to any findings before a final audit report is filed.
Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of services and work under this Agreement.
Contractor shall maintain adequate records of services and work provided in sufficient detail to permit an evaluation of services and work. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of the City or its designees, and gives the City the right to examine and audit same, and to make tran scripts therefrom as necessary , and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns raised by the City's preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:
City of Alameda
Public Works Department
950 West Mall Square, Room 110
Alameda, CA 94501
ATTENTION: Cody Lim,
Ph: (510) 747-7939 / Email: [email protected]
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All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
W. Bradley Electric, LLC.
90 Hill Road
Novato, CA 94945
ATTENTION; Yaw Yiadom, Project Manager
Ph: (415) 818-1400 / Mobile: 415-827-5246
Email: [email protected]
18. SAFETY:
Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and work under this Agreement. This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor standards, Cal/OSHA requirements Act, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
Contractor shall immediately notify the City’s Risk Manager within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
19. COMPLIANCE WITH ALL APPLICABLE LAWS:
During the term of this Agreement, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Contractor shall defend, indemnify, and hold City (including its officials, directors, officers, employees, and agents) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws and regulations pursuant to the indemnification provisions of this Agreement.
20. HEALTH AND SAFETY REQUIREMENTS.
Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, Tim Wolf, Division Manager
415-898-1400/415-850-2001
[email protected]
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including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.
21. PREVAILING WAGES:
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq. as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”) which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Contractor agrees to fully comply with such Prevailing Wage Laws if the services are being performed as part of an applicable “public works” or “maintenance” project as defined by the Prevailing Wage Laws and if the total compensation is $1,000 or more. City, upon Contractor’s request, shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the services available to interested parties upon request; and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify, and hold the City (its elected officials, officers, employees, and agents) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
22. DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE AND
PREVAILING WAGE REQUIREMENTS ON PUBLIC WORKS PROJECTS:
a. For purposes of Sections 22 through 24 of this Agreement, the terms “claim”, “contractor”, “public works project” and “subcontractor” shall have the same meanings set forth in Public Contract Code Section 9204.
b. No contractor or subcontractor may be listed on a bid proposal for a public works project, nor engage in the performance of any public work contract, unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 (with the limited exceptions for certain bids pursuant to Labor code Section 1771.1(a)). Registration instructions may be found at the following website: https://www.dir.ca.gov/Public -Works/Contractor- Registration.html
c. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyma n, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with th is section. Should noncompliance still be evident after such 10- day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 W. Bradley Electric, LLC 12 07-24-18
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provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due.
The responsibility for compliance with this section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. All contractors and subcontractors must fur nish electronic certified payroll records directly to the Labor Commissioner at the following website: https://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html
d. Contractor is required to all post job site notices as prescribed by State law. (See 8 Cal. Code Regs, Section 16451(d).)
e. The project that is governed by this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
f. In executing this Agreement, Contractor acknowledges and agrees that the work authorized by this Agreement may be subject to compliance monitoring and enforcement by the Department of Industrial Relations.
23. HOURS OF LABOR:
As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, eight (8) hours of labor shall constitute a legal day's work. The time of service of any worker employed at any time by Contractor or by any subcontractor on any subcontract under this Agreement, upon the work or upon any part of the work contemplated by this Agreement, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as hereinafter provided. Notwithstanding the provision hereinabove set forth, work performed by employees of Contractor in excess of eight (8) hours per day and forty (40) hours during any one week shall be permitted upon this public work, provided that the employees’ compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay.
Contractor shall pay the City a penalty of Twenty- five Dollars ($25.00) for each worker employed in the execution of this Agreement by Contractor, or by any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one (1) calendar week, in violation of the provisions Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 W. Bradley Electric, LLC 13 07-24-18
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of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, unless compensation for the workers so employed by Contractor is not less than one and one-half (1-1/2) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.
Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half (1½) times the above specified rate of per diem wages, unless otherwise specified.
Holidays shall be defined in the Collective Bargaining Contract applicable to each particular craft, classification, or type of worker employed.
24. APPRENTICES:
Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractor or any subcontractor under it on contracts greater than $30,000 or 20 working days. Contractor and any subcontractor under it shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.
Section 1777.5 of the Labor Code requires Contractor or subcontractor employing workers in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project, and which administers the apprenticeship program in that trade, for a certificate of approval, if they have not previously applied and are covered by the local apprenticeship standards.
Contractor is required to make contributions to funds established for the administration of apprenticeship programs if: (1) Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions; or (2) if Contractor is not a signatory to an apprenticeship fund and if the funds administrator is unable to accept Contractor' required contribution. Contractor or subcontractor shall pay a like amount to the California Apprenticeship Council.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprentic eship Standards and its branch offices.
25. LABOR DISCRIMINATION:
No discrimination shall be made in the employment of persons upon public works because of the race, color, sex, religion, age, national origin, sexual orientation or physical disability of such persons and every Contractor for public works violating this s ection is subject to all the penalties imposed for a violation of the provisions of the Labor Code, and, in particular, Section 1735.
26. REGISTRATION OF CONTRACTORS:
Before submitting bids for any work authorized by this Agreement, contractors shall be licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be li sted in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations.
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No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
27. URBAN RUNOFF MANAGEMENT:
Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor shall use as little as necessary.
Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains.
Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to:
a. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), on site de -watering activities and saw -cutting activities; sh ovel or vacuum saw-cut slurry and remove from the site.)
b. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers.
c. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location.
d. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff.
e. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of each workday. Contractor shall also clean up any leaks, drips, and other spills as they occur.
The objective is to ensure that the City and County of Alameda County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up-graded as required, maintained during construction phases to provide adequate protection, and removed at the end of construction.
These recommendations are intended to be used in conjunction with the State’s Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction.
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Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The Stat e under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code Section 13385.
28. COMPLIANCE WITH MARSH CRUST ORDINANCE (NOT USED):
29. COMPLIANCE WITH THE CITY’S INTEGRATED PEST MANAGEMENT POLICY (NOT USED):
30. PURCHASES OF MINED MATERIALS REQUIREMENT:
Contractor shall ensure that all purchases of mined materials such as construction aggregate, sand and gravel, crushed stone, road base, fill materials, and any other mineral materials must originate from a surface mining operation identified on the AB3098 List per the Surface Mining and Reclamation Act of 1975 (SMARA).
Within five days of award of contract, Contractor shall submit a report to the City which lists the intended suppliers for the above materials and demonstrates that the suppliers are in compliance with the SMARA requirements. The AB3098 List is maintained by the Department of Conservation’s Office of Mine Reclamation (OMR) and can be viewed at:
www.conservation.ca.gov/OMR/ab_3098_list/index.htm. Note that the list changes periodically and should be reviewed accordingly.
31. CALIFORNIA AIR RESOURCES BOARD COMPLIANCE:
Contractor, shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the California Air Resources Board regulations including, without limitation, Title 13, California Code of Regulations Di vision 3, Chapter 9 and all pending amendments (“CARB Regulations”).
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, Certificates o f Reported Compliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the CARB Regulations upon two (2) calendar days’ notice from the City.
Contractor shall be solely liable for any and all costs associated with complying with the CARB Regulations as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the CARB Regulations. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the CARB Regulations.
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32. TERMINATION:
In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) business days after receipt by Contractor from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may terminate the Agreement forthwith by giving to Contractor written notice thereof.
The City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination.
33. ATTORNEYS’ FEES AND COSTS:
In the event of any litigation, including administrative proceedings, relating to this Agreement, including but not limited to any action or suit by any party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.
34. PUBLIC CONTRACT CODE SECTION 9204 SUMMARY:
Notwithstanding anything else to the contrary stated in the Information For Bidders (IFB) or other documents associated with this Agreement, all claims, regardless of dollar amount, submitted between January 1, 2017 and January 1, 2027 related to work perf ormed or scheduled to be performed pursuant to this Agreement shall be governed by Public Contract Code Section 9204 and this section. The following provisions and procedures shall apply:
a. Contractor shall submit each Claim (whether for a time extension, payment for money or damages) in writing and in compliance with Public Contract Code Section 9204. Contractor must include reasonable documentation to support each claim.
b. Upon receipt of a claim, the City shall conduct a reasonable review and respond in writing within 45 days of receipt and shall identify in a written statement what portions of the claim are disputed and undisputed. Undisputed portions of the claim shall be process and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The City and Contractor may mutually agree to extend the 45 day response time.
c. If the City needs approval from the City Council to provide a written statement, the 45 days may be extended to 3 days following the next duly noticed public meeting pursuant to Public Contract Code Section 9204(d)(1)(C).
d. If the City fails to timely respond to a claim or if Contractor disputes the City’s response, Contractor may submit a written demand for an informal meet and confer conference with the City to settle the issues in dispute. The demand must be sent via Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 W. Bradley Electric, LLC 17 07-24-18
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registered or certified mail, return receipt requested. Upon receipt, the City shall schedule the conference within 30 days.
e. Within 10 business days following the informal meet and confer conference, the City shall submit to Contractor a written statement describing any issues remaining in dispute and that portion which is undisputed. Undisputed portions of the claim shall be p rocessed and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The issues remaining in dispute shall be submitted to non -binding mediation. If the City and Contractor mutual ly agree on a mediator, each party shall pay equal portions of all associated costs. If within 10 business days, the City and Contractor cannot agree on a mediator, each party shall select a mediator (paying all costs associated with their selected mediator), and those mediators shall select a qualified neutral third party to mediate the disputed issues. The City and Contractor shall pay equal portions of all associated costs of such third party mediator.
f. Unless otherwise agreed by the City and Contractor, any mediation conducted hereunder shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has commenced.
g. The City reserves all rights and remedies that it has pursuant to this Agreement, any associated plans and specifications, or at law or in equity which are not in conflict with Public Contract Code 9204.
35. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
36. ADVERTISEMENT:
Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from the City to do otherwise.
37. WAIVER:
A waiver by the City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
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38. INTEGRATED CONTRACT:
Subject to the language of Section 43, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the part ies hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Contractor.
39. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party.
40. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
41. COUNTERPARTS:
This Agreement may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
42. SIGNATORY:
By signing this Agreement, each signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.
43. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary.
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W. BRADLEY ELECTRIC , LLC.
a limited liability company
~ -r-------
chief Executive Officer
Liz Hartmann
VP of Field Operations
Contractor License No. 1114449
DIR No. 1001131257
CITY OF ALAMEDA ,
a municipal corporation
Adam Politzer
Interim City Manager
RECOMMENDED FOR APPROVAL
Erin Smith
Public Works Director
APPROVED AS TO FORM :
City Attorney
Len Aslanian
Assistant City Attorney
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Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Exhibit A
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 2/10/2026
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
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Thro g o t th s po i y th wo ds "y u a d "y ur" re euhu i l c e r o" n o fr (2) The "bo i y in u y o "pro e ty da a edl j r " r p r m g " to th Na e Insure sho n i the a d o cur d ri gem d d w n n c s u n t e p l c y p e i d ; a d ho i r o n a y o he pe so o o g n z t o qua i y ng a a Na ent r r n r r a i a i n l f i s m d (3) Pri r to th pe i d, no in ure l steoe r o s d i dIn ure und r thi po i y The wo ds "we , "us" a dsd e s l c . r " n un e Pa a ra hdr rg p 1. of II – Who Is"o r re e o t e co pa y p o i i g hi i sura ceu" f rt h m n r v dn t s n n . An In ure a d no "e pl y e a t o i esd n m o e " u h r z d The wo d "i sure " m a s a y o ga i a i n by y u tor n d e n n r n z t o o gi e o o vr f a n qu l fy ng a such undeai i s r II – Who Is An o kn w tha the "bo i y "r e t d l I sure . i j r " o "pro e ty da a e han d n u y r pr mg" d i who e o in If such a li te i surenl r . s d n dOt e wo ds a d phr se tha a p a in quo a i nhr r n a s t per tt o "e pl y e k e , to themo e "n wmr k h ae maig .R e e t oas v e n n f r V – pe i d th t the "bo i y i j ry oro , a dl nu " rDe i i i ns.fnto "pro e ty da a e , th n a ypr mg" e n SE TI N I – CO ERA ECO V G S co ti u t o o re um ti n o suchnna in r s po f "bo i y in ur " o "pro e ty da a ed l j y r pr mg"CO ERA E A – B D L IN U Y A D P O E TYVG O I Y J R N R P R o a t r th pe i d wi l be de m d torf e e r o l eeD MAGE L A I ITAI B L Y ha e be n no n pri r t h p l cy pe i dve k wo o t e o i r o .1. I su i g A reem nnr n g e t c. "Bo i y i j ry o "pro e ty da a edl nu " r p r m g "a. We wi l pa th se sum tha th i surely o st e nd duri g th pe i d a d wa no ,ne r o n s tb co e le a l o l ga e to pa a da a eem s g l yb it d ys m g s pri r to the pe i d kn w to ha eor o , o n vb ca se o "bo i y i j ry o "pro e ty da a eeu f d ln u "r p r m g " by a y i sure l ste n e a a ra hn n di d udr Prg pto th s in ura ce a p i s. We wi l ha eis n p l e lv 1. of II – Who Is An Insure o a ydrnth rig t a d du y to de e d the i sure a a nsteh n t f n n d g i "e pl y e a t o i e by y u to gi e omo e " u h r z d o v ra y "sui " se k n th se da a e . Ho e e ,nt e i g om g s w v r oa o , ayfn "r nwe wi l ha e no dut to de e d the i surelv y f n nd co ti u t o , o re um t o o thanna in r s p in f ta a nst a y "sui " se k n da a e fo "bo i ygi n t eig mgs r d l "bo i y i j ry o "pro e ty da a e a t r thdl nu " r p r m g " fe ei j ry o "pro e ty da a e to thinu " r p r m g " s ed f h e pr id .no t e oi sura ce do s no a p y We m y a o rn n e tp l . a ,tu in e t ga e a y " wi l bevs i t n l" d. "Bo i y i j ry o "pro e ty da a edl nu " r p r m g "adn se t e a y cl i r "sui " th t a e ul . Bu :tl n amo t a m yr s t t de m d to ha e be n kn wn to ha e o curr dee v e o v c e a the e rl e t ti e whe a y in ure l steta i s m n n s d i d(1) The a o n we wil pa fo da a e ismut l y r mgs un e Pa a ra hdr rg p 1. of II – Who Is Anl m te a de cri e iiids s b d n III –L i i smt In ure o a y "e pl y e a t o i e by y u tosd r n m o e " u h r z d oOf I sur n e ndna c ; a gi e o o a ovr f n " r cl i :am(2) Our right and duty to defend end when we
ha e use up th li i ovd e m t f (1) Re o t a l o a y pa t o the "bo i yp r sl ,rn r ,f d li the pa m nt o j d m n s ony e f u g e t r i j ry o "pro e ty da a e to us o a yn u " r pr mg" r nse tl m n s und r te et e A or B or o h r i sure ;te n rm d ca x e se un e o e a ee i le p n s d rC v r g C. (2) a wri t n o de a d ote r m n rNo o he o l g t o o l a i i y to pa sum otrb i a i nr i b l t y sr cl i fo da a e o the "bo i yam r m g s f dlo se v ce i unl ssrr i s s e i j ry o "pro e t a a e ; rnu " r p ryd m g " oe pl ci l pro i e fo und r Sup l m n a yxit y v d d r e p ee t r (3)Payments. a a e by a y o he m a s tha wr n t r en t
"bo i y in ur " o "pro e ty da a e had l j y rp rm g " sb. Thi in ura ce a p i s to "bo i y i j ry a dssn p l e d ln u " n o curre o a t ccurcd r h s o o ."pro e ty d m ge o l fpr a a " n y i :
CG 1 0 02 1T0 9 Pa e 1 o 21gf© 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
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Policy number DT-CO-8P453238-TIL-25
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
COMM RCIAL E ERAL IAB LITYEG N L I
e. Da a e o "bo i y i j ry i cl demgs f d l n u " n u (3) An sta u e o di a ce o e u a i n e a i gy tt, r nn r rglt o rlt n da a e cla m d by a y pe so r rga i a i n to the sa e gi t, dim g s i e n r n o o n z t o l , f str bu i n o us it o r e o f fo ca e l ss o se v ce o de th re ul i g arr , o fr i s ra s t nt a y t m ro he "bo i y i j r ".n i ef mt dl nuy Thi e cl sio a p i s o l i y u a e in thesx u np l e n y fo r
2. Ex l si ncu o s bu i e s o m n f ct r ng di tri u i g se l n ,sn s f a ua u i , s b tn , li g se v ng o furn shi g a co o i be e a e . F rri r i n l hl c vrgs oThi i sura ce d e no p l osn n os t ap y t: th pur o e o thi e cl sio , pe m t i g aep s s f s x u nr i t na. Ex ec ed O I te d d I j rypt r n n en u pe so to bri g a co o i be e a e o y urrn n lh l c v r g sno pre i e , fo co sum tim s s r n p o o y u pre nno r m s e , is i t nd d fro th sta d o n o th i sure . whe he o non e e m e n p i t f e n d t r r t a fe is cha g d o a er e r i s Thi e cl sio do s no a pl to "bo i y in u y re u re fo such s x u n e t p y d l j r " q i d r is no by it e f ,t s l o "pro e ty da a e re ul i g fro the use o co si e e th bu ir pr mg" s t n m f n drd e s n eso s e l n,s sfl i g e v n o rig r b Co trac u l L ab l t d Wo ke s' Co p n a i n An i il r L w.n t a i i i y . r r m e s t od S m a a s "Bo i y i j ry o "pro e ty da a e fo An o l g t o o thed l n u " r p r m g " r y b i a i n f i sure un e a n d d r wo k r ' re s th i sure is o l ga e to pa da a e by co p nsa i n di a ie n d b i t d y m g s m e t o , s b l t be e i s or iy n ft re so o th a sum t o o l a i i y i a un m l y e t co pea n f e s p in f ib l t n e p omn m na in lw o a st o a r n s i m lryi a co tr ct o a r e e t. Thi e cl sio do s no l w.na r g emn s xu n e t a a p l ola iiyf r a a e :py t i b l t o d m g s e. Em l yer's i b l tpo La iiy (1) Tha t e i sure o l a e i t e a se ceth n d wu d hv nh b n "Bo i y i j r " todl nuy :
(1) An "e pl y e o the i sure a i in o t omo e " f n dr sgu f(2) Assum d in a co tr ct o a re m nt th t ien a r g e e a s ad n t h c ore o :ni e u s fa "i sure , pro i e th t thnn d v d d a e (a) Em l y e t y th i sure ; opo m n b e n d r"bo i y in u y o "pro e ty da a edl j r " r p r m g " (b) Pe f r i g dut e re a e to ther o m n is ltd
o a r e e t. So e y fo th purp se org e m n l l r e osf l a i i y a sum d in a "i sureib l t s e n n d (2) The spo se chi d pa e t bro h r o sisteu, l , r n , t er rre so a l a t rne s' fe s a dan b et o y e n o tha "e pl y e a a oft m o e " s fl t g ti n e p nse i curr d by o f r a tyii a o x e s n e r o ap r Pa a r prg ah (1) aoebv.o h r th n a i sure wi l be de m d to bete a nn d l e e Thi e cl si n a pl e whe he th in ure m ysx uo pi s t r e s d ada a e o "bo i y i j ry om g s f dl nu " r be l a l s a e p o e r n ny o heib e a n mlyr oi a t r"pro e ty d m g ", ro i e th tpr a ae p v dd a : a d t a y o l ga i n to sha e da a e wi h ono n b i t o r m g st r(a) Li b l t to such pa ty fo , o fo thea i i y r rrr re a so e ne e se who m st pa da a epy mo l u y mgsco t o , th t de e se ha a sosf a f n s l be n a sum d in the sa e "i surees e mn d Thi e cl si n do s no a p y to l a i i ysx u o e tp l i b l tco tr ct"; ndna a a sum d by the i sure un e a "i surese nd d r n nd(b) at r e s ' f e s a d ltg toton y e n ii ai n co tr ct .na " e pe se a e fo de e se o th t pa txnsr r f n f a r y f. P l u i nol toa a nst a ci i o a t rn t v di putgi v l r l e a ie s e (1) "Bo i y in u y o "pro e ty da a e a i i gd l j r "r p r m g "r s nre o ut o in whi hsl in c o t o the , a l g d o th e te euf l e e rr a n dda a e to th s in ura cemgs i s n di cha ge di pe sa , se p g , m gr t o ,sr , s r l e a ei a i na pl e a e a l ge .pi sr l e d re e se o o "po l t n s":la r f l u atc. L q o i b l tiur L ai i y (a) At o fro a y pre i e , sit orm n m s se r"Bo i y i j ry o "pr p rt da a e fod l n u " r oey mg" r l ca i n whi h i o wa a a y ti eot o c sr stn may is u r e a e hl ib e b es o o :nn d m y b e d l a l y r an f on e o b y o r e t dowdr ,r n e r (1) Ca si g o to the i t x ca i nun r n o i t o l a e to a y i sure . Ho e e , th sond , n n d wvr i on e s o ;fa yp r n subp ra ra h o s n t pp y t :agpd e o a l o (2) The furn shi g o a co o i be e a e to ain f l h l c v r g s (i) "Bo i y in u y i susta n d wit i ad l jr"f ie h n pe so und r the l g l dri k ng a e orn e e a n i g r bu l i g a d ca se by sm k ,idn n u d o e ud e h e o onr t f r fu e , o so t pro uce byms r o d d o o i i a i g fro e u pm n th trr g n t n mq i e t a
Pa e 2 o 21gf CG 1 0 02 1T0 9© 2017 The Travelers Indemnity Company. All rights reserved.
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subse u n to t e e e ut o o t e co t a tqet h xc in fh n rc conduct of the insured's business; or
because of the injury.
alcohol;
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
COMM RCI L G NERAL IAB LI YEAE LI T
i use to he t co l o to pe f rm th no m lsd a , o r r o e r a , th bu l i g o by o hy ra l c oe idn , r r d ui r
o i i a i g fro e u pm n tha isr g nt n m qi et t fo th o e a i n ore p r t o f use to he t wa e fo pe so ada t r r r n l "m bi e e ui m n " o it pa t , ifol qpe t r s r s use by th bui di g s o cup n s oel n ' ca t r such fue s, o o h rlr t e th i u sts;erg e o e a i g fl i s e ca e fro aprt n u d s p m (i )i "Bo i y i j ry o "pro e tydl nu " r p r
o the . Thi e ce ti nrm s x p oda a e fo y u m y bemg" r o a do s no a pl if the "bo i y i j ryet p y d l n u "h e dl ib ei fyu a e a c ot rc trla l , or n a o o "pro e ty da a e a i e o t or pr mg" r ss u fa d the o ne o le se o suchnw r r s e f th in e ti n l di cha ge di pe saet n o a s r,srlpre i e , sit o l ca i n ha be nms s e r o to s e o r l a e o the fue s, re e s f la de to y ur a add o s n o o h r o e a i g fl i s, o i suchrt e p r t n u d r fadditional insured with respect to y ur o g i g o e a i ns pe fo m d fu l , o o he oo n on p r to r r e es r t r p r tn eai g fo th t a d t o a i sure a tha fl i s a e bro gh o or a d i i n l n d t t u d r u t n r to the pre i e , sit o l ca i n a d suchms s e r o to n pre i e , sit o l ca i n wit thems s e r o to h pre i e , sit o l ca i n is noms s e r o to t i t nt th t th y be di cha g d,ne a e s r e a d ne e wa o n d o o cupi dnv r s w e r c e di pe se o re e se a pa t osrdr l ads r f b y o r et e o lae t o ay,r n dr o n d ,n th o e a i n be ng pe fo m d byep r t o s i rre i sure , o he tha tha a d t o and t rnt d i i n l such in ure , orsd i sure ; ond r
(i ii) "Bo i y i j ry o "pro e tydl nu " r p r (i )i "Bo i y inj ry o "pro e tydl u " r p rd a ae a iig ot o h et ,mg" r s n u f a da a e susta n d wit i amg" ie h nsm k o fu e fro a "ho ti eoe r ms m sl b u lig ad c as e b y t h r e es eidn n u d e l afi e ;r" o ga e , fum s o v po s frofs s er a r m (b) At o fro a y pre i e , sit orm n m s se r m te i l bro g t in o th t bu l i gar a s u h t a i d n l ca i n whi h i o wa a a y ti eot o c sr stn m
use by o fo a y i sure o o h rs f rdr r n n d r t e o pe f r e by y u o o y u e a from d o r n o rb h l th ha dl ng sto a e dispo a ,en i , r g , s l by a co tr ct r r subco t a ; ona oo n r r r pro e sin r re tm n o w stecs g ot a et f a ;
(i ii) "Bo i y inj ry o "pro e tydl u " r p r(c) If such "po l t n s" a e o we e a a yl u a t rr rt n d a ae a iig ot o h etmg" r s n u f a ,ti e tra spo t d, ha d e , sto e ,mn r e n l dr d sm k o fu e fro a "ho ti eoe r ms m sltr a e , di po e o , o aetd s sd f r s fi e ; rr"owa te by o o :sr f r (e) At o fro a y pre i e , sit orm n m s se r(i) An nsure ; oyi d r l ca i n o whi h a y in ure o a yot o n c n s drn(i )i An pe so o o g n z t o foyr n r r a i a i n r ow o k n grr iwho y u m y be le a lmo a g l y o o a y i sure 'rn n n d sre po si l ;sn b e be a f a e o we e a a y ti ehl r r r t n m (d) At o fro a y pre i e , sit orm n m s se r pe fo m ng o e a i n to te t fo ,rri p r t o s s r l ca i n o whi h a y in ure o a yot o n c n s drn m ni o , cl a up, re o e co t i ,ot r e n m v , n a n co tr ct rs o subco t a r wo k ngna o r n r o s r i tr a , de o i y o ne tr l z , o in a yet tx f r ua ie r n o o a y i sure 'srn n n d wa re po d to o a se s thy sn ,rss e be a f a e pe fo m ng o e a i n if thehl r r r i prt os o , "po l t n s".fl u a t "po l t n s" a e bro gh o o to thelua t r u t n r
(2) An l ss, co t o e p n e a i in o t oyo s r x e s r sg u fpre i e , si e o l ca i n i co n ct oms s t r o to n n e i n ayn:wi h such o e a i n by such in ure ,tp r t o s s d
co tr ct r o sub o tr ct r. Ho e e ,na o r cna o wv r (a) Re ue t, de a d o de o sta ut ry oqs m n , rr r t o rth s subp ra ra h o s n t pp y t :i a g p de oa l o re u a o y re ui e e t t a a y in uregltr q rmn ht n s d (i) "Bo i y inj ry o "pro e tydl u " r p r o o he s te t fo , m ni o , cle n up,rtr s r o t r a da a e a i i g o t o the e ca em g " rsn u f s p r m v , co t i , tre t de o i y oeo e n a n a , t x f r o fue s, o ot efl r h r ne t a i e o in a y wa re po d to our lz , r n y s n , r oe a igf lis a e n eddprt n u d r ee a se s t e o , "po l t n s"; rssh f l u a t o CG 1 0 02 1T0 9 Pa e 3 o 21gf© 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission. dehumidify
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Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
COMM RCIAL E ERAL IAB LITYEG N L I
(b) Cl i o sui by o o be a f o a yam r t r n h l f n (b) The o e a i n o a y o the m chi e yprt o f n f a nr go e nm n a a t o i y o a y o he o e ui m n l ste in Pa av r e t l u h r t r n t r r q p e t i d r gra h p f. 2)( pe so o o ga i a i n b ca se o orn r rn z t o eu f r f. 3)( o the de i i i n o "m bi eff n t o f o l te ti g fo , m n t r ng cl a i g up, e ui m n "; rsn r oi o i , en n q p et o re o i g, con a ni g, tre t ngmv n ti n a i , (6)d to i y ng o ne t a i i g, o i a ye x fi r u rl z n r n n (a) Cha t re i h a pi o o a y i sure ;re dwt l tt n n dwa re po di g to o a se sin they sn n ,rss g ef e t o," p ol t ns " .fc sf l u a t (b) No w e y a y i sure ; a dto n db n n d n g Ai craft u o O at rcra t (c).r , A t r W ef No be n use to ca r a y pe so oti g d r y n r n r pro e ty f r pr oa"Bo i y in u y o "pro e t da a e a i i g o td l jr" r pr y mg" r s n u o th o n r hi , m i t na ce use orf e w e s p a n en, h Mob l q ip e t.i e E u m n e tr stm nt to o he s o a y "a t " onu e t r f n u o r "Bo i y in u y o "pro e ty da a e a i i g o tdl j r " r p r m g " rsn uw te cra t o n d o o e a e by o re t d oar f w e r p r t d r n e r o:fl a e to a y in ure . Use o e a i nond n s d prt o (1) The tra spo t t o o "m bi e e u pm n "nr a i n f o lq i e ta d "l a i g r n o d n ".no d n o u l a i g by a "a t " o ne o o e a e by onu ow d r p r t d rThi e cl si n a p i s e e if the cla msx u o p l e v n i s re t d r l a e o a y i sure ; one o o n dt n n d ra a nst a y i sure a l g ne l g nce o o h rgi n n d l ee g ie r te (2) The use o "m bi e e ui m nt i , o whi efo l q p e " n r lwro g o n i th supe v sio , hir ngndig n e ri n i , i fo , o whi e be ngnr r l ie pl y e t tr i i g o m ni o i g o o he s bymo m n , a n n r ot r n f t r ay s p ed , d e o i in ,ne m l t oth t in ure , if th whi h ca seasd e " c u d o stun i grt n .th "bo i y i j ry o "pro e ty d m ge i v l eed l n u " r p r a a " n o v d th o ne shi , m i t na ce use oe wr p a n en, r i. War
e t ust e t to o he s o a y "a t " onr m n t r f n , uo r "Bo i y in u y o "pro e ty da a e a i i g o tdl j r " r p r m g " rsn uwa e cra t tha is o ne o o e a e by otr f t w d r prtd r o:fre t d r o n d o a y i sure .ne o l a e t n n d (1) Wa , i cl di g u d cl r d o ci i a ;rnun n ea e r v l w rThi e cl sio o s no a pl t :sx u n d e tpy o (2) Wa l k by a m l ta y fo ceri e ii r r ,(1) A wa e cra t whi e a ho e o pre i e y utr f l s r n m ss o i hi d ri g o de e d ng a a n t an nen r fni gis non r e two r n ; o e pe t d a t ck by a yrx c e t a , n (2) A a e cra t y u o n t o n ha s: go e n e t so e e gn owtr f o d o w t t i vrmn , vri r o h e ato i tru h r t y usin i i a y pe so n l o t e ge t ; ogmlt r r n e roh ra ns r(a) 50 fe t o g o l ss; ndeln re a (3) In urr ct o , re e l o , re o ut o , usurp ds e in bl in vl in e(b) No be n use to ca r a y pe so oti g d r y n r n r po e , o ta e by go e n e t lwr r kn vrmn apro e ty f r ha g ;pr oa c re a t o i y in hi d ri g o de e d ng a a nstuh rt n e n r f n i g i(3) Pa k n a "a t " o , o o the wa s ne trig n u o n r n y x ay o h eenf t s .to pre i e y u o n o re t, pro i e the,m s s o w r n v d d j. D m g o P o ertyaa e T r p"a t " i no o n d by o re t d o l a eu o s t we r n e rond to y u r he i sure ; "Pro e ty d m ge tooo t n d p r aa " :
(4) Li b l t a sum d unde a y "i sureai i y s e r n n d (1) Pro e ty y u o n, re t, o o cup ,p r o w n rcy co tr ct fo he o ne shi , m i t na ce o i cl di g a y co ts o en a " r t w r p a n e n r n u n n s r x e se i cu re pn s n r d by y u, o a y o he pe so , o g ni a ior n t r r n r a z t o o nr e t t , fo re a r, re l ce e tniy r p i pa m n,(5) "Bo i y in u y o "pro e ty da a e a i i gd l j r "r p r m g "r s n e ha ce e t, re to a i n o m i t na cennm n s r t o r a n enot o :uf o such pro e t fo a y re so , fp r y r n a n(a) The op ra i n o m chi e y oret o f a n r pre e ti n o i j ry to a pe so o da a evno f n u r n r mgeu imn t hti a tc hdt o o p a tqpe t a s t a e , r r to a o he 's p o e t ;nt r rpr yo , a la d v hi l th t wo l qua i y afn e c e a u d l f s (2) Pre i e y u sel , gi e a a o a a d n ifms s o l v w y r b n o ,"m bi e e u pm n " un e th d fi i i no l qi et dr e en t o th "pro e ty da a e a i e o t o a yep rm g " r s s u f no "m bi e e ui m nt i such la dfo l q p e " f n pa t o h se pr m se ;rf t o e iswe e no subj ct to art e co p l o y o fi a ci l re po si i i ymu sr r nn a s n b l t (3) Pro e ty l a e o y u;pr ond t o l w, o o he m t r v h cl in ura cear t r o o e i e s n (4) Pe so a pro e t i th ca e custo y orn l p r y n e r , d rl w, whe e i is o pri ci a lar t r n p l y co tr l o t e i sure ;no fh n dga a e ; rrgdo Pa e 4 o 21gf CG 1 0 02 1T0 9© 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission. includes
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Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
COMM RCI L G NERAL IAB LI YEAE LI T
(5) Tha pa t cul r pa t o re l pro e t o phy ica in u yt r i a r f a pr y n s l jr t o" yu r oo r whi h y u o a y co tr ct rs o "y ur wo k a t r it ha be n putc o r n n a o r o r " f es et o i t i n e d e st nd use.
o y u be a f a e pe f rm n o e a i ns, ifno r h l r r o i gp r t o n Rec l O ro u ts W rk r mp i ed.a l f P d c , o O I a r th "pro e ty da a e a i e o t o tho eep rm g " r s s u f s P o ertyrp oe a in; rprt oso Da a e cl i e fo a y l ss, co t o e pe semgs a md r n o s r x n (6) Tha pa t o a y pro e t thatr f n p r y t i cu re by y u o o h r fo th l ss o usenr d o rt e s r e o f , m st be re to e , re a re o re l ceus r d p i d r p a d wi hd a a , , re a rtr w l , p i , b ca se "y ur wo k waeu o r " s re l ce e t a j stm nt re o a o di po apa m n, du e , m v l r s s l o:f
(1) "Y u ro uct";or p dPa a r p srg ah (1), (3) adn (4) ot h s ec ls in d ofi x u o no a p y to "pre i e da a e . A se a a et pl m ss mg" prt (2) "Y u o k ; ror wr"o l m t o i sura ce a p i s to "pre i e da a eii f n n p l e m s s m g " (3) "Im a re p o e t ";pi d rpr ya de crib d in Pa a r psse r g a h 6. of III – i such wo k o pro e t is fr , r p r yLi i s O nsura cemt f I n .
Pa a ra hrg p (2) o h s e cl sio o s no a pl ift i x u nd e t p yf pe so o o g n z t o o a k o n ornrr a i a i n f n w rth pre i e a e "y ur wo k a d we e ne eem s s ro r " n r v r o,, r, re t d r e d fo e t l by y une o h l rr na o . da g ro s co di i n i tne u n t o n i .
Pa a r p srg ah (3), (4), (5) adn (6) ot h sfi o P rso a n d erti i g I ju y. e nl Ad Av s n n re cl sio do no a pl to li b l t a sum dxu n t py a i i y s e "Bo i y in u y a i i g o t o "pe so a a ddl j r " rsn u f r n l nun e sid tr ck a re m ntd r a e a gee. avr t s ig ijr y .dei n n u "Pa a ra hrg p (6) o th s e cl sio do s no a plfi x un e t p y pa a.D tto "pro e ty da a e i cl de in th "pro uct -pr mg"n u d e d s c o p e e pr a in hzr" .mltd oe t os aa d Da a e a i i g o t o th lo s o , lo s o usem g s r s nu f e sfsf o , da a e to co ru t o o , i a i i y to a ce s,fm g, r p i n f n b l t c sk. D m g o Yo r P o u taa e T u r d c "Pro e ty da a e to "y ur pr d ct a i i g o tp r m g " o o u " rsn u o t o ny p rt o i .fi ra a f t Ho e e , thi e cl si n do s no a p y tow v r s x u oet p l la iiyf o a a e b c a s eo " b o iyi j r " .ib l t r dmgs e u f d l n u yl. D m g o Yo r Wo kaa e T u r "Pro e ty d "pr q U so i i e o m n ca i n. n l c td Cm ui t oa a e to y ur wo k a i i g o t omg" o r" r s n u f i o a y pa t o it a d i cl d d i he "pro uct -trn r f n nu e n t d s "Bo i y in u y o "pro e ty da a e a i i g o tdl j r " r p r m g " rsn uc o p e e pr a in hzr" .mltd oe t os aa d oay oa lgd v o a in oay lw t h af n r l ee ilt o f n a t Thi e cl si n do s no a pl if th da a esx u o e tp y e m g d o pro i i s the se d ng tr n m t i grh b t n i , a s i t n wo k o th wo k o t o whi h th da a err eru f c em g o d stri ut n fri bi g o a i e wa pe fo m d o y ur be a f by ars s s r r e n o h l r. Acc s O Di c o u e O Con id n i l Oes r slsr f f et a rsubco tr cto .na r P rso a n o m ti nen l I f r a om. D m g o I p i ed P o erty O P o ertyaa e T m a r r p rr p "Bo i y in u y o "pro e ty da a e a i i g o tdl j r " r p r m g " rsn uN t h sic l y In u edoPy a l jr o a y a ce s to o di cl sure o a y pe so 'fn cs r s o fn rn s "Pro e ty da a e to "i p i e pro e t " opr mg" ma rd pr y r o o gn ia in ' c of d et il o r p e s oarr a z t o s n i n a r n l pro e ty th t ha no be n l in u e ,p r a ste l y j r d i f rm t o .no ai n ai i go to:rsn u f
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(1) "Bo i y in u y o "pro e ty da a e a i i gd l j r "r p r m g "r s nda g ro s in "y ur pro uct one u o d " r oto t h ata o a lgdp r eec eoufe c u l r l e e s n r"y ur o k ; row r " o a t a, al g e o t h e t n e d i p es a oc u l l edr r a ed srlf(2) A de a o fa l r by y u o a y nly r i u e o r noe a be to , a be to fi e s o pro u tsss s ss s b r r d co y ur be a f to pe fo m a ono h l r r r co ta n n a be to , pro i e th t theni i g s ss v d d aa re m nt i cco d nce w t t t rm .gee n a r a i h i s e s "bo i y i j ry o "pro e ty da a e idl nu " r p r m g " s Thi e cl si n do s no a pl to the l ss o sesx uo e tpy o f u ca se o co t i ut d to by the ha a d usudr n r b e z r o o o hr p r oe t a ii n oto s u d dnadft e p r yr s gu f e n pro e ti s o sbe to .pre f a s s CG 1 0 02 1T0 9 Pa e 5 o 21gf© 2017 The Travelers Indemnity Company. All rights reserved.
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Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
COMM RCIAL E ERAL IAB LITYEG N L I
(2) "Bo i y in u y o "pro e ty da a e a i i g e pl y e t- e a ed l jr" r pr mg" r s n m omnrltd d ec r ie sb d i n oto t h o a lgdp r eec eo P a arpufe r l e e s n r r g a h (a), (b), ro (c) aoe ibv s al g e o t h e t n e d i p e s a ol edr r a ed srlf Thi e cl si n a pl e whe he th in ure m ysx uo pi s t r e s d a a y so i , li ui , ga e us o th r anl d q ds or e m l be l a l s a e p o e r n ny o heib e a n mlyr oi a t r o i cl di g sm k , v po s,rn u n o e a r a d t a y o l ga i n to sha e da a e wit ono n b i t o r m g s h r so t fu e , , a k l s, a do, m s l ai n re a so e ne e se who m st pa da a epy mo l u y mgs wa te a d th t a e pa t o a y os, n a r r f n r be a se o he "bo i y i j r ".c u ft dl nuy "sui " whi h a so a l ge a y "bo i y i j rytc l l e s nd l n u " Ex l si nscu o c. th o gruh n. do no a p y to "pre i etp l m s so "pro e ty da a e de cri e inr pr mg" s bd da a e . A se a a e li i o i sura ce a p i s tomg" prt m t f n n pl ePa a r prg ah (1) aoebv. "pre i e da a e a de cri e in Pa a r pm s sm g " ss b d r g a h 6. of III – Li i s O nsur n emt f I a c .(3) An l ss, co t o e p nse a i in o t oyo s r x e r sg u f ayn: CO ERA E B – P RSO A A D AD ERT SI GVG EN L N VI N IN U Y L AB L TJR I IIY()a Re ue t, de a d o de o sta ut ry oqs m n , rr r t o r
1. In u in g e m nsr g Are etre u a o y re ui e e t tha a y i suregltr q rmn t n n d o o he s te t fo , m ni o , cle n up,rtr s r o t r a a. We wi l pa th se sum tha th i surely o st e nd re o e co t i , tre t de o i y omv, n a n a , tx f r le a l o l ga e to pa a da a egl y b i td y s mgs ne t a i e o i a y wa re po d to our lz , r n n y s n , r o "pe so a a d a v rt si g in ur " tofr n l n d e i n j y a se s the e f ct o , a be to ,ss f e s f ss s th s i sura ce a pl e . We wi l ha e thein n p i s l v a be to fi e s o pro uct co t i i gss s b r r d s n a n n ri ht a d du y to de e d t e i sure a a nst a ygn t f n h n d g i n ab et o; rss s o "sui " se k n th se da a e . Ho e e , we wi lte i g o m g sw v r l ha e no dut to de e d the in ure a a n t a yvy f n s d g i s n()b Cl i o sui by o o be a f o a yam r t r n h l f n "sui " se k n da a e fo "pe so a a dt eig mgs r r nl ngo e n e t l a t o i y o a y o h rvrmn a u hr t r n te a v rt si g in ur " to thi i sura ce do sdei n j y sn n epe so o o ga i a i n orn r rn z t o f no a p y We m y at o r tp l . a , u ,te ti g fo , m n t r ng cl a i g up,sn r oi o i , en n i v sti a e a y o fe se a d se t e a y cla m one gt n f n n t l n i rre o i g, con a ni g, tre t ngmv n ti n a i , "sui " th t a e ul . Bu :ta m y r s t tde o i y ng o ne t a i i g o in a ytx fi r u rl z n, r n wa re po di g to o a se sin they sn n ,rss g (1) The a o n we wil pa fo da a e ismut l y r mgs e f et o , ab et o, ab et o f ie s o l m t e a d ec r ie if c s f s s s s s s br r i i d s s bdn III –L i ismt pro uct co t i i g a be to . Of I sura ce a ddsn a n ns s s n n ; n t. Em l ymen -Rel te ra ti espo t a dP c c (2) Ou rig t a d dut to de e d e d whe werh n y f nn n ha e use up th li i ovd e m t f"Bo i y i j r " todl nuy :
i sur n e i the pa m nt o j d m n s ona c n y e f u g e tr(1) A e so ri in ut o nypr n as g o f a :
se tl m n s und r Co e a ete et e vrgs A or B or(a) Re usa o e p o h t e so ;f l t mly tapr n x e se un e o e a eepn s dr Cvrg C.(b) Te m na i n o tha pe so 'sri t o f t r n No o he o l g t o o l a i i y to pa sum otrb i a i nr i b l t y srep l ye t rmo m n ; o pe f r o se v ce i unl ssrom r r i s s e(c) Em l y e t re a epo m n- l t d , , e pl ci l pro i e fo un e Su p e e t ryxit y v d d r d r p l m n ao o i si n, such a co rci n,rm s o s e o Pa m nt .yesde o i n, e a u ti n re ssi nm n ,mt o vlao, a g et b. Thi i sura ce a pl e to "pe so a a dsn n p i s r n l ndi cip i e fa l re to pro o e osl n , i u m t r a v rti i g in ur " ca se by a o fe se a i i gd e sn j y u d n f n rsna v nce ha a sm n , hum l a i nda , rs et i it o, o t o y u bu i e s but o l i th o f nse wauf o r s n s n y fe f e sdi crim na i n, li e , sl nd r v o a i ns i t o bl a e , ilt o co m t e in th "co e a e te r t r " du i g thm i td e vrg r i o y r n eo th pe so 's rig t ofe r n hf p o iy pr id .lc e oo fa se a re t,rl r s
d e et o oi p iomnap id t otn in rmr sn et pl e o r 2 Ex l si n.c u o s a tha pe so , re a dl ss ott r n g r e f Thi i sura ce d e no p l osn n os t ap y t:whe he such otr , , r a. Kn w n i l t o f i h s f n th ro i gVoai nO Rg t O A o eoi s i n i a p i d o i sms o s p le r co m t e be o e duri g o a t r them i td fr, n r f e "Pe so a a d a v rt sin in ur " ca se by orn ln d e i g j y ud r ti e o t a e so 's e p o m nt rm fht pr n mly e ; o a th o the i sure wi h thete f n dt (2) The spo se chi d pa e t bro h r o sisteu, l , r n , t er r k o l d e th t the wo l v o a e the rig tnw eg a u d ilt h s o tha pe so a a co se u nce o "bo i yft r n s n q e fd l o a o h r a d wo l "pe so a a dfn t e n u d r n ln i j ry to tha pe so a who a y o thenu " t r n t m n f a v rt si g i j r ".dei n n uy Pa e 6 o 21gf CG 1 0 02 1T0 9© 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission. actual
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Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
COMM RCI L G NERAL IAB LI YEAE LI T
Thi e cl si n do s no a pl to "pe so a a a nst a ci i o as x u o e t p y r n l g i v l r l e n t v di put tra ie s e re o u i n pro e di g islt o ce n n
da a e to th s in ura cemgs i s nb Mate ia u l s ed Wi h Kn w ed e O.r l P b i h t o l g f a pl e a e a l ge .pi sr l e dFli yast f. B ea h O o tracrc f C n t"Pe so a a d a v rt sin in u y a i i g o t orn ln d e i g j r "r s n u f o a o wri te pu l ca i n i cl di g "Adv rt sinrl r t n b i t o,n u n ei gijr y a iig oto n u " r s n u f a bre ch o af co tr ctna .
th o th i sure wi h kno l d e oef e n d t w e g f g Q a it O erfo m n e f o d – F i u e. uly r P r ac OGos a lrisf l iyta s t . To Co fo m To S at m n snr tee t c. Mate ia u l s ed O s d P i r T o i yr l Pb ih r Ue r o o Pl c "Adv rt sin in ur " a i i g o t o th fa l re oe igj yr s n ufei u fP rioed go ds, pro uct o se v ce to co fo m wi hod s r r i s n r t (1) "Pe so a a d a v rt sin n u y a i i g o t a y sta e e t o quar nl n dei g ijr" r s n u n tmn f l t o p e f o i y r r rm n e m deac a o o a o wri t n pu l ca i n i o r "a v rt se ef r l r t e b i t o , n y u d e i m nt . " pu l ca i n by e e t o i m a s, o m t ri lb i t o lc rn c en f a ea h Wro g D s ri ti n O ric s.n e c p o f P ewho e fi st pu l ca i n to k pl ce be o esr b i t o o a f r "Adv rt sin in u y a i i g o t o the wro ge i gj r " r s n uf nt h bg in ig ote pl c y p e id reenn f h o i r o ; o de cri t o o the pri e o go ds, pro uct osp i nf c f o d sr(2) "Ad e t si g i j ry a i i g ou ofvr i n n u " r s n t se v ce sta e n y ur "a v rt se e t .ri s td i o dei mn "i f i ge e t o co y i ht "ti l " o "sl g n"nrn m n f p rg , te r o a i. In el ec u l P op rtytl t a r ei y ur "a v rt se e t who e fi stno d e i m n " s r i f i ge e t i y ur "a v rt se e t wa "Pe so a a d a v rt sinn r nm nno d e im n " s rn ln d e i g i n u y a i i g o t jr" r s n uo f co m t e be o e the be i n n o the a y o a l g d i fm i td fr g nig f n r l ee n r ig e et ov o a n mn r ilt o o in f po i y p r o . a y o th fo l wi g ri h s o la s, o a ylc ei d n f e lo n g t r w r n oh r te "pe so a a d a v rt si g in ur " a l ge i a yrn ln d e i n j y l ed n nd Crim n l Act.i a s cl i o "sui " th t a so a l ge a y sucham r t a l le s n"Pe so a nd a v rt si g i j ry a i i g o t o arn l a d e i nn u " r s n uf i f i ge e t r i l t o :nrn m n o v oai ncri i a co m t e by o a the omn l m it d r t f (1) Co y i h ;pr gtth i sure .en d (2) Pa e ttn ;e. Co trac u l L ab l tnt a i i i y
(3) Tra e d e s;dr s"Pe so a a d a v rt sin in ur " fo thern ln d e i g j y r i sure ha a sum d l a i i y in a ond s se i b l t r (4) Tra e n m ;da e a re m nt Thi e cl sio do s no a pl togee. s x u n e t py (5) Tra e a kdmr;la iiyf r a a e :ib l t odmgs (6)(1) Tha the i sure o l a e i h a se cetn d w u d h v n t e b n (7) Ot e n e l ctu l p o e t i h s o a s.hr itl e a rpr y r gt r lw Thi e cl sio d e no p l osxu no s t a p y t :(2) Be a se o "pe so a in u y a sum d bycu f r nl jr" s e y u in a o a re m nt th t i aor g e e a s n (1) "Ad e t si g i j ry a i i g o t o a yvr i n n u " r s n u f n "i sure co tr ct , pro i e th t thend n a " v d da o a l g d i fri g m n o v o a i n orl e e n n e e tri l t o f "pe so a in u y i ca se by a o f n ern l j r " s ud nf e s a o h r's co y i h , "ti l " o "sl g n" inte pr gt t e r oa n y ur "a v rt se e t ; ro dei mn "o
th o a re m n . So e y fo theer g e e t l l r
(2) An o h r "pe so a a d a v rt sin in u yyt e r n ln d e i g j r "pu po e o li b l ty a sum d by y u i ars s f a i i s e on n a l ge in a y cla m o "sui " th t a sole d n i r t a l"i sure co t a t , re so a l a t r e s'n d nr c" a n be ton y a l ge a y such i f i ge e t o v o a i nl e s n n r n mn r ilt ofe s a d ne e sa y l t ga i n e pe seen c s r i i t ox n s o a o h r' co y i ht "ti l " o "sl g n" ifn t e s p r g , t e r o a ni cu re by o fo a pa ty o he th n anr d r r r tr a n y ur "a v rt se e t .od e i m n "i sure wi l be de m d to be da a end l e e m g s be a se o "pe so a i j ry , ro i e h t:cu f r nln u "p v dd ta j. In u ed I ed a n n e ne ypesr sn M i Ad Itr t T Bs iessun s e(a) Li b l t to such pa t fo , o fo tha i i y r yrrre co t o , th t pa t ' de e se ha a sosf a r y s f n s l "Pe so a a d a v rt si g in ur " ca se by arn ln d e i n j y ud nbe n a sum d by y u in th sa ees e o em o fe se co m t e by a i sure who efn mi t d n n d s"i sure o t a t ; ndnd c n r c " a bu i e s i :sn s s (b) Su h a t r e s' fe s a d l t g t oct o n y en i i a i n (1) Ad e t si g o pu l shi g;vr i n, r b i ne pe se a e fo de e se o th t pa txnsr r f n f a r y CG 1 0 02 1T0 9 Pa e 7 o 21gf© 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission. publication
direction
including
which
which
actual
act direction
which
contract
contract
contract
actual
"broadcasting"
injury" caused by malicious prosecution.
by e e tro i m a s, o a e i l f do e by o tl c nc e n fm t ra,i n ra of the contract or agreement; or
co m t e sub e ue t to th e e ut o om i td sq n e xc in f Trade secret; or
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
COMM RCIAL E ERAL IAB LITYEG N L I
(2) De ig i g o de e m n n con e t o ne tr l z n , o i a y wa es n n r t r i i g t n f u a i i g r n n y r spo di g o nnt , r o we sit s f r o he s; rbeotro
(3) An In e n t se rch, a ce s, co t nt otre a c s n e r o War. se v ce p o i e .ri rv dr "Pe so a nd a v rt si g i j ry a i i g o t o :r n la d e i n nu " rsn u f Ho e e , thi e cl si n do s no a p y towvr s x u o e t pl (1)Pa a ra hrg ps a. 1)( , (2) adn (3) o th d fi i i n ffe e n t o o (2) Wa l k by a m l ta y fo ce in l d ngri e ii r r , cu i"pe so a i j ry .rn l n u " a t o i hi d ri g o de e d ng a a n t ac inn nen r fni gis nF r t e p rp se o h s e cl sio :oh uo sf t i x u n ata o ep etd a tc k b y aycu l r x ce ta , n (1) Cre t n a d pro uci g co re po de ce go e nm nt so e e gn o oa i gn dn r s n n v r e , v r i r t e a t o i y hr u hr t wri t n in the co d ct o y u busin ss, usin i i a y pe so n lt e nu f or e g m l tr r neo te g et; o roh ra ns r bu l t ns, fi a ci l o a n a re o t , ol e i nn a r nul pr s r (3) In urre t o , re e l o , re o ut o , usurp ds c in bl in vl in ene sle te s a o t y u go ds, pro u ts owt r b uo r o d c r po e , o ta e by go e n e t lwr r kn vrmn ase v ce wil no be co si e e theri s l t n drd a th ri y i hi d r ng o de e di g a a nstuo t n n e i r f nn g ibu i e s o u l shi g; a dsn s fp bi n n ay o h eenf t s . (2) The pl ci g o fra e , bo d rs o l n s, oa n f ms re rik r p U so i i e o m n ca i n. n l c td Cm ui t oa v rt sin , fo y u o o he s a y he e odei g r o r t r nw r n "Pe so a a d a v rt sin in u y a i i g o t orn ln d e i gj r "r s n u fth Int rn t wi l no , by i se f, be co si e eee el t t l n d r d ay o a lg e v o a in o aylwt htn r l e d ilt o f n a ath bu i e s o a v rt si g "bro dca ti ge s ns f dei n, a sn" o pro i i s the se d ng tr n m t i grh b t n i , a s i t nop ul s h ig .rb in o d stri ut n f "un o i i e co m ni a i n".r i b i go s lct d m u c to k. El c ro i h t oo s O u le i B ardet n c Ca r m r Bl t n o s q Acc s O Di c o u e O Con id n i l O.e s r s l s r f f e t a r "Pe so a a d a v rt sin in u y a i i g o t orn ln d e i g j r "r s n u f P rso a n o m ti nen l I f r a o a e e tro i cha r o o bul e i bo rd thenl cn c t o mr l t n a "Pe so a a d a v rt sin in u y a i i g o t orn ln d e i gj r "r s n u fi sure ho ts o o ns, o o e whi h thends r w r v r c a y a ce s to o di cl sure o a y pe so ' onc s r s o f n r n s ri sure x rci e co t o .nd e e s s n r l o ga i a i n' co fi e t a o pe so ar n zt o s ndn il r r nl l. U au h rized U e f n th r's a e Ont o s O A o e N m r i f rm t o .no ai n Po u trdc r. Asb st seo
"Pe so a a d a v rt sin in u y a i i g o t orn ln d e i g j r "r s n u f (1) "Pe so a a d a v rt sin n u y a i i g o trn l n d e i g i j r " r s n uth una t o i e use o a o he 's na e oeu h r z d f n t r m r o the o a l ge pre e ce ofr l e d s n rpro uct in y ur - a l a d e s, o a n n m odo e m i d r s d m i a e r a l ge r hre t n d i pe sa o a be to ,le do t ae e ds r l f s s sm ta a , o a y o he sim l r ta ti s to m sl aet g rn t r i a c c ie d a be to fi e s o pro u ts co t i i gss s b r r d c n a n na o h r s p t nt a usto e s.nte ' o e il c mr a be to , pro i e th t th "pe so a a dss s v d d a e rn ln m. P l u i nol to a v rt sin in ur " i ca se o co tr bu edei g j y s u d r n i td to by t e h z rd us pro e ti s o sbe to .ha a o p r ef a s s"Pe so a a d a v rt sin in u y a i i g o t orn ln d e i g j r "r s n u f (2) "Pe so a a d a v rt sin n u y a i i g o trn l n d e i g i j r " r s n uth a l ge o th e te e di cha g ,el e d r r a n d s r e o the o a l ge pre e ce ofr l e d s n rdi pe sa , se pa e m gra i n, re e se osrl eg , i t o l a r al g e o t h e t n e d i p es a o a ys oi ,le d r r ae d s r l f n lde ca e o "po l t n s" a ny t m .sp f l u a t t a i e l q i , ga e us o th rm l ir i a t oiu d so r e a r tn rn P l u i n Rel t d.o l t o -a e co ta i a t i cl di g sm k , v po s,nm n n , nun o e a r An o s, x e se a i in ut o nyyl s e p n rs go fa : so t fu e , a k l s, a do, m s l ai n wa te a d th t a e pa t o a y os, n a r r f n r(1) Re ue t, de a d o de o sta ut ry oqs m n , rr r t o r "sui " whi h a so a l ge a y "pe so a a dtc l l e s nr n l nre u a o y re u re e t th t a y in ure ogltr qi mn a n s d r a v rt sin in u y de cri e i Pa a r phdei g jr" s bd n rgao h r te t fo , m n t r up re o ete s s r oi o , , mv, (1) aoebv.co ta n tre t de o i y o ne t a i e o inn i, a , tx f r u rl z, r (3) An l ss, co t o e p n e a i in o t oyo s r x e s r sg u fany way respond to, or assess the effects o , "po l t n s"; r a yfl u a t o n :
(2) Cl i o sui by o o be a f o a yam r t r n h l f n (a) Re ue t, de a d o de o sta ut ry oqs m n , rr r t o r re u a o y re ui e e t tha a y i suregltr q rmn t n n dgovernmental authority or any other person o o g n z ti n o te ti g fo , o o he s te t fo , mr r a i a o f s n r r t r s r o i o , cle n up, nt r a m ni o i g, up, re o i g re o e co t i , tre t de oo t r n m v n , m v , n a n a , t x fy o ir co ta n n , tre t ng de o i y ng or ne t a i e o i a y wa re pon iig a i , tx fi u rl z, rn n y s n d t oo ,r Pa e 8 o 21gf CG 1 0 02 1T0 9© 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission. action
action
actual,
actual
restricts
actual actual,
actual actual,
cost or
clean
because
cleaning
acids, chemicals
claim
assessing the effects of, "pollutants".
War, including undeclared or civil war;
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
COMM RCI L G NERAL IAB LI YEAE LI T
a se s the e f ct o , a be to ,ss f e s f ss s (3) o y u pe a i ns;fo r o r t o a be to fi e s o pro uct co t i i gss s b r r d s n a n n pro i e ha :vd d t tab et o; rss s o (a) The ta e pl ce in th "co e a eks a e vrg()b Cl i o sui by o o be a f o a yam r t r n h l f n te r t r " a d uri g t e p l cy pe i dr i o yn dnh o i r o ;go e n e t l a t o i y o a y o h rvrmn a u hr t r n te (b) The e pe se a e i cu re a d re o t d toxnsrnr dn p r epe so o o ga i a i n orn r rn z t o f us wit i o e y a o the da e o thehn n e r f t fte ti g fo , m n t r ng cl a i g up,sn r oi o i , en n nadre o i g, con a ni g tre t ngmv n ti n, a i , de o i y ng o ne t a i i g o in a ytx fi r u rl z n, r n (c) The in ur d pe so subm t to e a i a i nje r n i s x m n t o , wa re po di g to o a se sin they sn n ,rss g
e f et o , ab et o, ab et o f ie s o a o tn s w e r es oalf c s f s s s s s s br r s f e a a nb y r eu i e qr . pro uct co t i i g a be to .dsn a n ns s s b. We wi l m k th se pa m nt ola e e y e s f s. Em l ymen -Rel t d P act c spo t ae r i e fa l . The e pa m nt wi l no e ce d theut s y e s l t x e a pl ca l li i o i sura ce We wi l papi b e m t f n n . l y"Pe so a n ur " torn l i j y : re so a l x e se f r:a n bee p n s o(1) A e so ri in ut o nypr n as g o f a : (1) F rst a d a m ni te e a the ti e o aii d i s r d t m f n(a) Re u a o e p o ha p rso ;fsl t mly t t e n (b) Te m na i n o tha pe so 'sri t o f t r n (2) , X-ra a dynep l ye t rmo m n ; o de t l se v ce , na r i s (c) Em l y e t re a epo m n- l t d , ,
a t o o i si n, such a co rci n,cr m s o s e o (3) ho pi a ,st l de o i n, e a u ti n re ssi n e tmt o vlao, a gmn , pro e si n l nu si g a d un r l se v ce .fs oa r n n f e a ri s di cip i e fa l re to pro o e orsl n , i u m t 2. Ex l si ncu o sa v nce ha a sm n , hum l a i nda , rs et i it o, We wi l n t a e pe se fo "bo i y i j r ":l o p y x n s r dl nuydi crim na i n, li e , sl nd r v o a i ns i t o bl a e , ilt o o th pe so 's rig t ofe r n hf , a. An I su edyn r
o fa se a re t,rl r s
d e et o oi p iomnap id t otn in rmr sn et pl e o r
b H red P rso.i ena tha pe so , re a d e s ott r n g r l s f whe he such otr , , r To a pe so hi e to do wo k fo o o be a f ornr d r r r n h lf oi s i n i a p i d o i sms o s p le r a y i sure r t na t f ny i sure .n n d oae noa n d co m t e be o e duri g o a t r them i td fr, n r f e c. In u y O N rma l O c p ed P em s sjr n o l y cui r ieti e o t a e so 's e p o m nt rm fht pr n mly e ; o To a pe so in u e o th t pa t o pre i ern j r dn a r f m s s(2) The spo se chi d pa e t bro h r o sisteu, l , r n , t er r y u o n o re t tha th pe so no m l yowr n t er nr a l o th t pe so a a co se u nce ofa r n s n q e f
"pe so a i j ry to th t pe so a whorn l n u " a rnt m d Wo ke s' Co p n a i n An i il r L w.r rm e s t o d S m a a sa y o the e pl y e t re a enf m o m n - l t d To a pe so , whe he o no a "e pl y e orn trr tn m o e "fde cri e in Pa a ra hsb d r g p (a), (b), or (c) a y i sure , i be e i s f r t e "bo i y i j r " a enn d f n f t oh d ln u y rabove is directed. pa a l o m st be pro i e und r a wo k r 'yb e r u v dd e re sThi e cl si n a pl e w e he th in ure m ysx uo pi s h t r e s d a co p nsa i n o di a i i y be e i s la o ame t o r sb l t nf t w rbe l a l s a e p o e r n ny o heib e a n mlyr oi a t r si i a a .ml rl wa d t a y o l ga i n to sha e da a e wi h ono n b it o r m g st r e. Ath et c c i iti sli s A t verepay someone else who must pay damages o he "pe so a nj ry .ft r n li u " To a pe so i j re whi ern n u d l CO ERA E CVG o pa t ci a i g i a y phy ica e e ci e orr i p t n n n s l x r s s r– MED CAL P YMEN SIAT ga e , po t , o a h e i co te ts.m s sr sr t l t c n s1. In u in g e m nsr g Are et f. P o u ts-Co p e ed O era i n a ardrdc mlt p t os Hza. We wi l pa m d ca e pe se al y e ilxnss In l d d wi hi the "pro uct -co p e ec ue t n d s mltdbe o o "bo i y i j r " ca se b n cci e tlw fr d l n u y u d y a a dn :
oe a in hzr" .prt os aa d(1) On p e i e y u o n r e trm ss o w orn ; g Co erag x l s o s.v e A E c u i n(2) On wa s ne t to pre i e y u o n o re tyx m s s o w r n ; or udr oe aeneCvrg A.
CG 1 0 02 1T0 9 Pa e 9 o 21gf© 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Because
accident
because
practice policy
privacy
malicious prosecution
directed
practice policy act
occurs,
accident;
regardless
accident;
Necessary medical, surgical
including prosthetic
devices; and
Necessary ambulance,
practices
capacity
because
described
occupies.
practicing, instructing
Excluded
a o r e pe se by phy i i nt u x n , s c a s o o r ho ce fu c i To any insured, except "volunteer workers".
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
COMM RCIAL E ERAL IAB LITYEG N L I
SU P EMEN ARY P YMEN SPL T A T a sum d by th in ure in th sa e "i surese e s d e m nd co tr ct ;na "1. We wi l pa , wi h to a y cl i welyt na m d. The a l ga i ns i th "sui " a d t e i f r a i nle to n e t n h nom toi v st ga e o se tl , o a y "sui " a a nst n i surene i t r te r n t gi a n d we k o a o t th "o cur e ce o o f n e a enw bu e c rn " r f es rwe d fe den :
such th t no co fl ct a p a s to e i t be we nan i p e r x s t e a. Ale p e s e w ei c u rlxns n . th i t re ts o the i sure a d the i t re ts oen e s f n d n n e s f t h id e n teen mi e;b. Up to $2 50 fo th co t o ba l bo ds re u re,0re sf i n q i d b ca se o a ci e ts o tra f c l w v o a i ne u f c dn r f i a ilt os e. The in e n t e a d the i sure a k us todmi e n n d s a i i g o t o the use o a y torsn u f f n a d co t o th de e se o thann r l e f nf t th Bo i y Inj ry Li b l t Co e a e a p i s. Weed l u a i i yv r g p l e i d m i e a a n t such "sui " a d a re thane n te gis t n g e t do no h v t h se bo ds.ta e o t e n we ca a si n th sa e co n e to de e d thns g e m u s l f n e i sure nd th i d m i e ; ndnd a e n e n t e ac. The co t o bo ds to a ta hm n s, butsf n t c e t f. The i d m i e :ne n te
o i sura ce We do no ha e to furn sh th sefn n . t v i e (1) Ag e s i w i i g or e n rtn t :
bo d .ns (a) Co p r t wi h us in th in e ti a i n,oe a e t e vsgt o d. Al re so a l e pe se by thela n b e x n s se t e e t o d fe se o h "sui ";tl m n r e n ft e t i sure a o r re ue t to a sist us in thend t uq s s (b) I m eitl s ed u s c ois o aymd a e y n p e f ni v st ga i n o de e se o th cl i o "sui ",ne i t o r fn f e a m r t d m nd , no i e , sum o se o e aea s t c s m n sr l g li cl di g l ss o e rn n s up to $5 0 anun o f ai g 0 pa e s re e v d in wi h thepr cie t "sui ";t
e. Al co rt co ts ta e a a nst th i sure in thelu s x d g i e n d (c) No i y an o h r insure who etf y t e r s "sui ". Ho e e , th se pa m nt do notw v r e y e s t co e a e i a a l b e to th i de n t evrg s vi al en mi e; a t rne s' fe s o a t rn y ' e pe se ta eto y e r to e s x n s x d adn a a nst h i sure .gi ten d (d) Co p r t wi h us wi h tooe a e t t f. Pre u g e t i t re t a a d d a a nst the co rdi a i g o he a pl caj d m n n e s w r e g i o n t n t r p i b e i sura ce ln n i sure o tha pa t o th j d m n we pa . If a a l bl o tn d n t r f eug et y vi a e t h e id e n te n n m ie ;a d we m k a o f r to pa the a pl ca l li i oae n f e y p i b e m t f (2) Pro i e u w t ri t n ut o i a i n tov d ss i h w t eah r z t o :
i sura ce we wil no pa a y pre u g e tnn , l t y n j d m n (a) Ob a n a d o h r i f r a i nt i n t e nom toi te e t ba e o tha pe i d o ti e a t r thenr s s d n t r o f m f e re a e t h "sui "; ndltdo te t aof e.fr (b)g. Al i t re t o the fu l a o n o a y ju g e tl n es n l m u tfn d m n i d m i e n uch "sui ".ne n te i s tth t a t r e tr o th j d m n a daf e n y f e u g e t n So lo g a th a o e co d t o s a e m t a t r e s'n s e b v n ii n r e, ton yb fo e we ha e pa d, o f r d to pa , oer v i f e e y r fe s by us in th de e se o thaee f n f tde o it d in co rt th pa t o th ju g e t thapse u e r f e dmn t i de n t e ne e sa y l t ga i n e pe sen m ie , c s r ii to x n si w t i h a pl ca l l m t o n ura ces ihnt e p i be i i fi s n . by us a d ne e sa y l t g ti n e p nse bync s r i i a o x e sThe e pa m n s wi l no the l m ts osy e t l t i i f th i d m i e a o r re u st wi l be pa d aen en t e t u q e l i s. Su p e e t ry Pa m n s. No wi h ta d n theplmn a y et t ts nig2. If we de e d a i sure a a nst a "sui " a d afn n n d gi t n n pro i i n o Pa a ra hvso s f r g p 2. . 2)b( of I – i d m i e o the in ure i a so na e a ane n te f s ds l md s Co e a e – Co e a evrgs vrg A – Bo i y Inj ry Andl u d to the "sui ", we wi l de e d tha i d m i e if a l otl f n t n e n t e l f Pro e ty Da a e Li bi i y o Pa a ra hpr mg a l t r rg p 2. .e of th f l o i g eo lw n I –C oe ae –C oe aevrgs vrg B –P e s oarn l An Adv rt sin Inj ry Li bi i y such pa m nt wi lde i g u a l t , y e s la. The "sui " a a nst the i d m i e se ktg i n e n t ee s no be de m d to be da a e fo "bo i y i j ry ,te e m g s r d l n u "da a e fo the in ure ha a sum dmgs r s d s s e "pro e ty da a e o "pe so a in u y , a d wi l nopr mg" r r nl jr" n l tth l a i i y o th i d m i e in a oei b l t f en en t e r re u e t e l m ts o n ura cedc h i i f is n .ar emn tgee b. Thi i sura ce a pl e t uch l a i i y a sum dsn n p iso s ib l t s e Ou o l g t o to de e d a in ure ' in e n t erb i a i n f n n s d s d m i e by t e i sure ;hn d a d to pa fo a t rne s' fe s a dny r t o y e n l t g ti n e pe se a Sup l m n a y Pa m n si iao x n s s p e etr y etc. The o l ga i n to de e d o the co t o thbi to f n , r s f e e ds wh nne :de e se o , tha i d m i e , ha a so be nfn f t ne n te s l e Pa e 10 o 21gf CG 1 0 02 1T0 9© 2017 The Travelers Indemnity Company. All rights reserved.
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Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
COMM RCI L G NERAL IAB LI YEAE LI T
a. We ha e use up the a pl ca l l m t o wo k rs" whi e pe fo m ng duv d pi b e ii f r e l rri t i s e in th pa m nt o j d m n s, re a e to the co d ct oe y e f ug et ltd nu f yu r o s e t e et omd c a xes e; r b uies ;t lmn s r ei l epn so s ns (b) To th spo se chi d pa e t, bro he oeu , l , r n t r rb. The co d t o s se fo t a o e o the te m oni in t r h bv, r r s f si te o tha co "e pl y e osr f t -mo e " rth a r e e i a a ra heg e m n n P r gp f. aoebv, "v l n e r wo k r" a a co se u nceou t e r e s n q eaen o g e e.ro l n r m t oa a r pfP r ga h (1) a)( aoebv;SE TI N I – WH S AN I SU EDCO I O I N R (c) F r whi h th re i a y o l ga i n tooc e s n b i t o1. If y u re d si n t d n thoa eg a ei e sha e da a e wi h o re a so e ner mgs t r py moa. An in i i ua , y u a d y u spo se a edvd l o n o r u r e se who m st pa da a e be a selu y m g s c ui sure s, but o l wit to thend n y h o the in ur de cri e in Pa a ra hfj y s b d r g po usin ss o o re t e so e o n r.f a bef y u a hl w e (1) a)( or (b) aoe rbv; o b. A pa tn rshi o jo n v n ure y u a e are p r i t e t , o r n (d) Ari i g o t o hi o he pro i i g osn u f s r r vdn ri sure . Y ur m m e s, y u pa t e s, a dnd o e b ro r r n rn fa l ng to pro i e pro e sio a he l hii vd f s n l atth i spo se a e a so in ure s, bu o l wi her u s r l s d t ny t ca e se v ce .rr i s Unl ss y u a e in th busin ss oeo r e erc. A li i e l a i i y co pa y y u a e a i sure .mt d i blt m n , o r n n d o cup ti n o pro i i g pro e sio a he l hca o f v d n f s n l a tY u m m e s a e a so i sure s, bu o l wi ho r e b rrl n d t n y t ca e se v ce , Pa a ra hrr i sr g p s (1) a)( , (b), (c)to th o y ur busin ss. Y uef o e o r adn (d) a o e do no a pl to "bo i y i j r "bv t p y d l n u ym na e s a e i sure s, but o l wi h tag r rn d n y t o a i i g o t o pro i i g o fa l n to pro i ersn u f vdn r ii g vdth i u i s a y ur a a e s.erd te s o m n g r fi st a d o "Go d Sa a i a se v ce " byri r o m r t n r i s d. An o ga i a i n o he th n a pa t e shi , j i tr n z t o t ra r n rp o n a y o y ur "e pl y e " o "v l n e rnf o m o e sr o u t e v nt r o l m te l a i i y co p ny y u a e aeu er iid i b l t m a ,o r n wo k rs", o h r tha a e p o e ore te n n mlyd r v l n e r Any such "e pl y e " oou t e m o e s r
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(2) "Pro e ty d m ge to pr p rt :pr a a " oey2. f he fo l wi g i a so a i sure :ot l o n s l nn d (a) Own d, r se yeo u d b ;a. Y ur "v l n e r wo k rs" o l whi e pe fo m ngoo u t e r en y lr r i (b) Re t d to in the custo y one , , d rdu i s re a e to the o y ur busin ss,te l t d f o e co tr l o , o o e whi h phy icano f r v r c s lo y u "e pl y e ", o h r th n e t e y uro r m o e s t e a i h ro r co tr l i b i g e e ci e fo a yno s e n x r sd r n
pu po e b ;rs yo h r tha a pa t e shi , j i t v n u e o l m t dte n r nr p o n etr ri i e l a i i y co p ny o y u a a e s (i o re aib l t ma ) r or mngr f yu a y u, a y o y u "e pl y e ", "v l n e ron f o r m o e so u t e l m te l a i i y co pa y , but o l foi i d i blt m n ) ny r wo k rs", a y pa t e o m m e i o rere n r nr r e br ( f yu a wi hi the o the r e p o m n by y u otn f i m l ye t o r ap a t e s h i o j o n v n u e ,o a yrn r p r i t e t r ) r n whi e pe f rm n du i s re a e to the co d ctlr o i g t e l t d n u mme ( i yu a e a l i i e l ai i yeb r f o r m t d i b l t o y ur busin ss. Ho e e , no e o th sefo e w v r n f e co pa y .mn ) "e pl y e " o "v l n e r wo k rs" a emo e s r o u t e r e r b. An pe so (o he tha y ur "e pl y e oyr n t r n o m o e " ri sur d f r:ne s o "v l n e r wo k r"), o a y o g n z t o , whi eo ute re r n raia in l (1) "Bo i y i j r " o "pe so a n ur ":dl nuy r r n li j y at n s yu el et a e mn ae .ci ga o rr a s t a g r (a) To y u, to y u pa t e s o e be s (ioo r r n r r m m r f c. An pe so o o g n z t o ha i g pro eyr n r r a i a i nv n p ryu aeap at es h i o j i tv nue,o r r nr p ro n etr) te po a y custo y o y ur pro e ty if y u di ,mr r d fo p r o eto y u m m e s (if y u a e a li i eor e br o r m td bu nl :to yl a i i y co p n ), to a co "e pl y eib l t may - m oe" (1) Wit to li b l t a i i g o t o theh a iiy rsn u fwhi e in th o hi o hele f s r r mitn ac e o s e ota rpr t; adane n ru f h tp o e y ne pl y e t o pe fo m ng dut emo m n r rri i s re a e to the o y ultd f or (2) Unt l y u l ga re r se t t v ha be nio r e l p e n a i e s e b uies , o t oyu o hr" vln er ap o n e.s ns r or te o ute p itd CG 1 0 02 1T0 9 Pa e 11 o 21gf© 2017 The Travelers Indemnity Company. All rights reserved.
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COMM RCIAL E ERAL IAB LITYEG N L I
d. Yu lglr er eett v i fyud i, b u tolor ea p sn a ie o e n y b. Ari e o t o th o n r hi , m i te a ce oss u f e we s p a n nn r wi h to duti s as such. Tha use o t a a t o ny pre i et e t fht pr f a m ss lae o yu . esd t o re re e ta i e wi l ha e a l y u rig t a dps nt v l v l o r h s n The i sura ce pro i e to such pre i e o ne ,nn v d d m s s w rdu i s un e hi Co e a e Pa tte d rt s v r g r. m na e o l sso i to the fo l w ngag r re rs l o i e. An pe so o o ga i a i n tha , wi h y u pro i io s:yr n r r n z t o t to r v s n e pre s o im l e co se t, e t e use o isxs r p i d n n i h r s r a. The l m ts o i sura ce pro i e to suchii f n n v d dre po sib e fo the use o a wa e cra t th t y usn l r f t r f ao pre i e o ne , m na e o le so wi l be thems s w r a g r r s r ldo no o n th t s:tw a i m n m m l m t th t y u gre d o p o i e i heii u i i s a o a e t rv d n t (1) 50 fe t o g r e s; a d wri t n o a r e e t, o the leln ols n t e r g emn r i i s mt sho n i he ra i ns, hi e a e l ss.wn t t o w v r re(2) No be ng use to ca ry a y pe so oti d r n r n r pro e ty f r .pr oa b. The in ura ce pro i e to such pre i esn v d d m s s o ne , m na e r e so o s no a pl t :w r a g ro l s rd e t p y o3. An o g n z t o y u ne l o fo m o h ryr a i a i no w y r r,t e th n a pa t e shi , jo n v nt r o l m t d l a i i yar n r p i t e u e r i i e i b l t (1) An "bo i y in u y o "pro e ty da a eyd l j r " r p r m g " co p ny a d o y u a e t e so e o n r o i th t o cur , o "pem a , n f o r h l w e r n a c s r rso a a d a v rti i nl n de s n g y u m i t i a o ne shi in e e t o m r i j ry ca se byo a n a n n w r p t r s f o e n u " u d a o fe se tha i nf n t s th n 50 , wi l qu l fy a a Na e nsure f t e e i co m t e , ft r oa % l a i s m d I d i h r s m i t d a e y u to be t na t n ae ni no o h r sim l r in ura ce a a l bl to tha th t re i e ; rte i a s n vi a e t ap m sso og a i ai n o ee:rn z t o . H w v r (2) St u tu a a te a i ns, ne orc rl l rt o w r a. Co e a e und r thi pro i i n i a f rde o l de o i i n o e a iv r g e s vso s fo d ny m lto p r to s p ef om d nr r e b y o o rn un i th 180t da a t r y u o fo m th be a f o such p e i e ot l e h y f e o r r e h l f r m s s wn r, m na e r ea g r o o ga i a i n o the e d o the pe i d, l sso .rn z t o r n f r o e r
5. An pe so o o g n z t o th t is a e ui m ntyr n r r a i a i n a n q p e b. Co e a evrg A do s no a pl to "bo i y in u y o l sso nd t a o a eet p y d l j r " r e r a h t y u h v g r e i w i t n c o a e d n a r t e ntr ct a "pro e ty da a e th t be o e y u o a re m nt to in l dpr mg" a fr o r g e e c ue a a ad t oa s n d i i n l i sure ond n i e r f rm d he o ga i a i n nd th s Co e a e Pa t is au r d o o e t r n z t o ; a i v r g r n i sure , bu ndt o l w i h ny t re pe t to l a i i y fo "bo i y i j ry , "pro e tysc i b l t r d l n u " p rc. Co e a evrg B do s no a p y to "pe so a a de tp l rn ln da a e , r "pe so a nd a v rt si g i j ry th t:mg"o r nl a dei n n u " aa v rt sin i j ry a i i g o t o a o f n ed e i g nu " rsn u f n fe s co m t e be o e y u a q i e o fo m d themi t d f r o c u r d r re a. Is "bo i y i j ry o "pro e ty da a e th tdl nu " r p r m g " a o ga i a i n o cur , o i "pe so a a d a v rt si g in u yrn z t o . c s r s rn ln d e i n j r " ca se by a o fe se tha is co m t e ,ud n f n t m i t dF r th pu po e o Pa a r poer s s fr g a h 1. oS e t ofc i n II – subse u nt to the si n ng o tha co tr ct oqe gi f t na rWho Is An In ure , e ch such o ga i a i n wi l besd a r n z t o l ar emn tadgee;nd emd o b ei ga e n teeet e d sn t d i h b. Is ca se , in who e o i pa t, by y u a ts oud l r n r o r c r a. An o g n z t o , o he tha a pa t e shi , jo nraia in t r n r nr p it o i si n in the m i t n nce o e a i n o usem s os a n ea , prt o rv nt r r i i e i bi i y co pa y re ueo lmt dla lt m n ;o o e u pm n l a e to y u by such e u p e tfq i e t e s d o q i m n l sso .erb. A rust;t
The in ura ce pro i e t such qu p e t l sso ssn v d d o e i m n er ia e in it na e o the do um nt thast d s m r c e s t subj ct to t e fo l wi g p o i i n :eh l o n r v s o sgo e n i s str ct revr t u u . a. The l m ts o i sura ce pro i e to suchii f n n v d d4. An pe so o o g n z t o th t i a pre i eyr n r r a i a i n a s m s s e u i m n e s o wl et emnm mlmt t aqpe t l s r i l b h i iu ii s h to ne , m n g r o l sso a d th t y u ha e a re dwr a a e r e r n ao v g e y u a r e to pro i e i the wri te co tr ct oog e d v d n t nn a r i a wri t n co t a t o a re m nt to i cl d a ant e n r c r g e en u e s n a re m nt o the li i s sho n i thgee, r m t w n e a di i n l in ure o th s Co e a e Pa t is adt o a s d n i v r g r n De l ra i ns, hi h v r a e l ss.ca to w c e e r e i sure , but o l wit re pe t to li b l t fo "bo i ynd n y h s c a i i y rd l b. The i sura ce pro i e to such e u p e tnn v d d q i m ni j ry , "pro e ty da a e o "pe so a a dnu " p r m g " r r n l n l sso do s no a pl to a y "bo i y i j ry oere t p y n d l n u " ra v rt sin n ur " th t:dei g ij y a "pro e ty da a e th t o curs, o "pe so apr mg" a c r r nl a. Is "bo i y i j ry o "pro e ty da a e th t a d a v rt sin in ur " cad l n u " r p r m g " a n d e i g j y u e by a o fe se sd n f n th t i co m t e , a t r the e ui m nt l a ea s mi t d f e qpe e soccurs, or is "personal and advertising injury" ep ie.xr sca se by a o fe se tha is co m t e ,ud n f n t m i t d subse u nt to the si n ng o tha co tr ct oqe gi f t na r No pe so o o ga i a i n is a in urern r rn z t o ns d ar emn tadgee;n th co du t o a y curre t o pa t pa t e shi , jo nen c f n n rs r n r pi t Pa e 12 o 21gf CG 1 0 02 1T0 9© 2017 The Travelers Indemnity Company. All rights reserved.
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Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
COMM RCI L G NERAL IAB LI YEAE LI T
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7. S ujc t t o P a arpbe r ga h 5. a o e the M d cabv, ei l1. The Li i s o Insura ce sho n i thmt f n w n e Ex e se Li i i th m st we wil pa und rpn m t s e o l y ea d th rul s be o fi the m st we wi l pane e l w x o ly Co e a evrg C fo a l m di e p nse be a se orl e x e s c u frg a d es o h e n u b e f :er l s f t mr o "bo i y i j r " su ta n d y a y o e p rso .d l n u y s i e bnnena. In ure s;sd The Li i s o Insura ce o thi Co e a e Pa t a plmt f n f s v r g r p y b. Cl i s m de o "sui s" bro gh ; oam a r t u t r se a a e y to e ch co se ut v a n a pe i d a d to a yprtl a n c ie nul r o n n re a ni g pe i d o l ss th n 12 m nt s, sta t n wi hmi n r o f e a o h r ig tc. Pe so s o o ga i a i n m k ng orn r rn z t o s a i r th be i n n o the po i y pe i d sho n i thee gn i g f lc ro w nbri g ng "sui s".ni t De ra i ns, un e s the po i y pe i d is e t nd d a t rto l s lc ro xe e fe2. The Ge e a Agg e a e L m t m st e wi l p ynrl rgt i ii o w l a i sua ce fo a a di i n l pe i d o le s th n 12sn r n d t o a r o fs afo he sum o :rt f m nt s. In th t ca e th a d t o a pe i d wi l beoh a s , e d i i n l r o l a. M di a x e se un e o e a ee c le p n s d rC v r g C; de m d pa t o h l st re i g e i d o urp se oee r f t e a p np r of r p o sf de e m n ng th L m ts o nsura cetr ii e i i f I n .b. Da a e unde Co e a emgs r vrg A, e ce t da a exp m g s o "bo i y i j ry o "pro e ty da a efd l n u " r p r m g " SE TI N I – CO MERCIAL G N RAL L AB L TYCO V M E E I I I i cl d d in th "pro uct -co p e e o e a i nsnu e e d s m l t dp r t o CO D TI NNI OS ha a d ; ndzr"a 1. B n ru tcyak p
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3. The Pro u ts-Co pl t d Ope a i ns Aggr g tedc m e e rt o ea i sure ' e ta e wi l no re i v us o o r o l ga i nn d sst l t l e e fu b i t o s Li i i th m st we wi l pa un e Co e a emt s e o l y d r v r g A for un e hi Co e a e Pa tdr t s vrg r . da a e o "bo i y in u y a d "pro e tymgs f d l jr" n pr 2. D ti s In T e vent O cc rren e O f n e,ue h E f O u c, f esda a e i cl de i the "pro uct -co p e emg" n u d n d s mltd Cla m r S iiO u toe a in hzr d .prt os aa " a. Y u m st se to i th t we a e no i i d a so nou et a r t f e s o4. S ujc tt oP a arpbe r ga h 2. a o e th Pe so a Andbv, e r nl a pra a l o a o a o f n esb e f n " r n f e sAd e t si g In u y Li i is the m st we wi l pavr i n jr m t o l y whi h m y re ul i a cla m To the e t ncas t n i . x e tun e Co e a edr vrg B fo the sum o a l da a erf l m g s po si l , sho lsb e u dbe a se o a l "pe so a i j ry a d "a v rt sincu f l r nl n u " n dei g (1) Ho , whe a d whe e the e ce own n r r n " ri j ry susta n d y a y o e pe so r r a i a i nnu " i e b n n r no og nz to . of e s et o l c efn o k p a ;5. S ujc tt oP a arpbe r ga h 2. or 3. aoebv, (2) The na e a d a dr sse o a y in ur dm s nd es f n j ea pl e , the Occurr n e Li i i th m st wepi s e c m t s e o pe so s a d i n sse ; ndrn n w t e s awi l p y fo he sum o :la r t f (3) The na ur a d l ca i n o a y i j ry ote n o t o f n n u ra. Da a e u d r Co e a emgs ne vrg A; nda da a e a i i g o t o th e ce omg r s n u f e rn " rb. M di a x e se un e o e a ee c le p n s d rC v r g C; of e s efn . be a se o a l "bo i y i j ry a d "pro e ty da a ec u f l dl nu " n p r m g " b. If a cl i i m de o "sui " i bro g t a a nstam s a r t s u h g ia iig ot oay oe " oc u r ec e .rsn u f n n c r n " a y i sure , y u u t:nn do m s F r the pur o e o de e m ni g the a pl ca lop s s f t r i n p i b e (1) Im e i t l re d th o them daey e fEa h Occurr n e Li i , a l re a e oce c m t l l t d r cl i r "sui " a d he da e r ce v d ndamo t n t t e i e ;ao i si n co m t e i pro i i g o fa l ng toms o s m it d n vdn r ii (2) No i y us a so n a pr ct ca l .tf s o s a i bepro i e fi st a d o "Go d Sa a i a se v ce " tovd r i r o m rt n r i s a yo ep e s o w i lb ed e m dt ob eo enn r nl e e n Y u m st se to i tha e r ce v ri t n o u e t tw e i ew te "o cur e ce .cr n " o h cl i o "sui " a so n aft e am r t s o s
6. S ujc tt oP a arpbe r ga h 5. aoe t h D a aeT obv, e mg c. Y u a d ny o he n o v d n ure m st:o n a t r ivle is d u Pre i e Re t d To Y u Li i i the m st we wilms s ne o mt s o l (1) I m eitl s ed u s c ois o aym daey n pe f npa und r Co e a eyev r g A fo da a e orm g s f de a d , , sum o se o le amns mn s r gl"pre i e da a e to a y o e pre i e . Thems s m g " n n ms s pa e s re v d in co ne n wit thpr e n h eDa a e To Pre i e Re t d To Y u Li i w l em g ms s ne o mt ilb : cl i r "sui ";amo t CG 1 0 02 1T0 9 Pa e 13 o 21gf© 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
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insured under Section II – Who Is An Insured.
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
COMM RCIAL E ERAL IAB LITYEG N L I
(2) Au h ri e us to o ta n a d o h rtoz b i n te (i ii) An o f ce o o fi r r f i f r m to ; a yoh r r a i ai n rno ai n n t e og nz to ;o (3) Co p r t wi h us i th in e ti a i n ooe a e t n e vsgt o r (v )i A ruste f ny t u t;te o a r s se t e e t o the cl i o de e se a a nstt lmn f a m r fn gi th t is y u pa t e , jo n v n u ea or r nr it etrth "sui "; ndet a mme , mn aeo r ut e; reb r a g rr tse o (4) Assi t us, upo o r re ue t, i thesn u q s n (b) An e p o e a t o i e by suchym l y eu h r z de fo ce e t o a y ri h a a n t a ynr m n f n g t g i s n pa t e shi , j i t v n ure li i ern r p on e t , mt dpe so o o ga i a i n m y be l a lr n r r nz to a i be l a i i y co p ny trust or ot eib l t ma , hrto th i sure o in u y o da a een d f jr r mg og a i ai n t o g i e o arn z t o v f nto wh ch hi i sura ce m y a so a p yi t sn n a l pl. o o fe se"rfn . d. No in ure wi l e ce t a th t in ure 's o nsdl , x ptasd w (3) to us o such ofrco t, v l nt ri y m k a pa m n , a sum a yso u a l a e y e t s e n o fe se wi l be de m d to be gi e a so nfn l ee v ns oo l g ti n o a y e pe se o h r tha fobi a o , r n x n , t e n r a pra ti a l i it is gi e i go d fa th as ccb ef vnn o i sfi st i , wi h u o r ra d t o t u so n a pra ti a l to y u wo k r 'o s ccb e or re s co p nsa i n in ure . Thi a p i s o l ifm e to s r s p le nye. The fo l wi g pro i io s a p y to Pa a ra hlo n vs n p l r g p a. y u subse ue tl gi e no i e to us o theoq n y v t c fa o e bu o l fo pur o e o th in ura cebv, t n y r pss f e s n "o cur e ce o o fe se a so n acr n " r f n s o spro i e un e t i Co e a e Pa t o y u o a yvd d d r hs v r g r t o r n pra t ca l a t r a y o th pe so sci be fe n f e r ni sure l ste i Pa a r pnd i d n r g a h 1. or 2. oS et infc o II de cri e in Pa a ra hsb d r g p e. 1() or (2) aoebv– Who I A nsure :sn I d di co e s tha th "o cur e ce o o fe sesv r t e c r n"rf n (1) No i e to us o such otc f r m y re ul in sum to whi h the in ura cea s ts cs n o fe se m st be gi e a so n afn u v n s o s pro i e un e th s Co e a e Pa t m yvd d d r i v r g r a pra l o l a t r th e ce obe ny fe e r n " r ap l.py
o fe se is k o n to y u (i y u a e afn n w o f o r n Ho e e , i thi po i y i cl de a e do se e tw v r fsl c n u s n n r m ni d v du l , a y o y u pa tn rs ornii a ) n f or r e th t pro i e li i e co e a e fo "bo i y i j ryav d s m t d v r g r d l n u "m m e s who i a in i i u l (if y u a e aeb r sn d v d a o r o "pro e ty da a e o po l ti n co ts a i i grp rm g " r l u o s r s npa t e shi o jo n v n ure , a y o y ur n rp ri t e t )n f o r o t o a di cha ge re e se o e ca e ouf sr ,l a r s p fm na e s who is a in i i u l (i y u a e aag r nd v d af o r "po l t n s" whi h co t i s a re ui e e t thalua t c nan q r m n tl m te li b l ty co p n ), a y o y uiid a i i m a y n f o r th di cha ge re e se o e ca e o "po l t n s"es r,l a r sp f l u a t"e e u i e o f ce s" o (i y u a exct v fi r r f o r m st be re o te to us wi h n a spe i i n m eup r d t i c f c u b ra o g n z t o o h r tha a pa t e shi ,nr a i a i nt e n r n r p o da s a t r i s a ru t co m n e e t, th sfy f e tb p m e c m n ijitvn tr e o l i i e l ai i yc o p ay ,on e u , r mt d i blt m n ) Pa a r prg ah e. do s n t a fe t t a e u re e t.e o fch t r q im n a y o y ur tr ste s who is a i d v du l (ifn f o u e nnii a 3. L g l c i n Ag i s seaAt o a nt Uy u a e a trust) o a y "e pl y eor r n m o e " No pe so o o g n z t o ha a ri h und r th srnrr a i a i n s g t e ia t o i e by y u to gi e no i e o auh rz d o v tc f n Co e a e P rtvrg a :"o cur e ce o o fe sec r n" r f n.
a. To jo n us a a pa t o o h r i e bri g us i tis r y r t e w s n n o(2) If y u a e a pa t e shi , jo n v n ureor r n r pi t e t , a " s u i " ak ig odmg e f o n nu r e; ots n f r a a s r m a i s drl m te li b l ty co pa y o tru t, a d no eiida i i m n r s n n b. To sue us o th s Co e a e Pa t unl ss a l oni v r g r e lfo y ur pa t e s, jo n v nt r m m e s,fo r n r i te u e e b r i s t rm ha e be n u l co p i d i ht e s v ef l y m l ew t .mn ae s ot ut es a e id iiul, o iea gr rrs e r n v da snt c to us o such "o cur e ce o o f nse m stfc r n " r f e u A pe so o o ga i a i n m y sue us to re o e orn r rn z t o a c v r n be gi e a so n a pra ti a l o l a t rvn s o s ccb e n y f e a a r e se t e e t o o a fi a ju g e t a a nstn g ed t lmn r n nl dmn gi th "o cur e ce o o fe se i k o n ye c r n "rfn sn wb : a in ure ; but we wil no be li b e fo da a ens d l t a l r m g s th t a e no pa a l und r th te m o th sar t y b e e er s fi(a) An nd v du l w o i :yi i i a h s Co e a e Pa t o tha a e i e ce s o thevrg r r t r n x s f (i) A pa t e o m m e o a yr n rr e b rfn a pl ca l l m t o in ura ce An a r e se tl m npi b e ii f s n . g e d t ee t pa t e shi r o n e t r ;rn r po j i tv nue mas a s e t lmnad e es e o ib l t i ge yen te et n rla f l ai i y s nd b us, the i sure , a d the cl i a t o th cla m n 'nd n a m n r e i a t s(i )i A m na e o a y l m te l a i i yag rfn i i d i b l t lg a ers et a ieel r p en t v .co p nyma ; Pa e 14 o 21gf CG 1 0 02 1T0 9© 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission. records
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Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
COMM RCI L G NERAL IAB LI YEAE LI T
4. O h r n u an e ( iteIsr c i ) Tha i in ura ce fo "pre i ets s n r m s s da a e ;mg"If v l d a d co l cti l o h r i sura ce is a a l bl oai n le be t e n n v ia et (i)ii If th lo s a i e o t o thees r s s ufth i sure fo a lo s we co e unde Co e a een d r s vr r vrgs A m i t na ce o use o a rcra tane n r f i f,or B o t h s C oe aeP a t or ol gt osa efi v r g r , ub i a i n r "a t s" o wa e cra t to the e t ntuo r t r f xel m te a de cri e i a a ra hiids s b d n P r gp s a. adn b. be o .lw no subj ct to a y e cl sio i th ste n x u n n iAs use a y he e in th s Co e a e Pa t o h rdn w r i v r g r ,t e Co e a e Pa t th t a pl e tovrg r a p isi sura ce m a s in ura ce o th fun i g onn e ns n , r e d nf a rcra t "a t s" o w t rcra tif , u or a ef ;l sse , ha s p o i e y hr u h o o b ha f o :os t t i r v d d b , t o g r n e l f (i )v Tha is in ura ce a a l bl to ats n v i a e(i) An t e i sura ce co pa yoh r n n m n ; pre i e ow e , m na e orms s n r a g r (i )i Us o n f ur ff l a e n ura ce co pa i s,ra yo o a ii t di s n m ne l sso th t qua i i s a a in ureer a l f es n sd e ce t whe th No cum l t o oxp n e n u a i n f un e Pa a ra hdr rg p 4. of II – Occurr n e Li i pro i io o Pa a ra hec m t v s n f rg p 5. of Who Is An Insure , e ce t whedx p n III – Li i s Of Insura ce o th Nomt n r e n Pa a r prg ah d. be o pp i s; rlw a l e o cum l ti n o Pe so a a d Adv rt sin In urua o f r n l n e i g j y (v) Tha is i sura ce a a l b e to atnnv i a l nLi i pro i io o Pa a ra hmt vs n f r g p 4. of III – e ui m n l sso th t qua i i s aqpe te r a l f e sLi i s o In ura ce a p i s thmt f s n p le e a in ure unde Pa a r pns d r r g a h 5. ofAm n m n – No Cum l t o Of ed et n u a in II – Who Is An Insure , dOccurr n e Li i Of Li bi i y And Noec m t a l t n e ce t whe Pa a ra hxp n r g p d. be olwCum l t o Of Pe so a A d Ad e t si g Inj ryuai n r n l n v ri n u ap l e.pi sLi i e do se e t i i cl de n thm t nrm n s n ud i i ; (b) An o the o h r i sura ce whe heyf t en n, tr(i ii) An i k e e ti n gro p; oyrs r t n o u r pri a y e ce s, co t n e t o o a ymr, x s n ign r n n o h r ba is, tha i a a l bl to thte s t s vi a e e(iv) Any self-insurance method or program, in i sure whe the i sure is and n nd nwhich case the insured will be deemed to be th p o i e f o h r i sura ce a di i n l i sure , o is a y oe rv dr o te n n . d t oa n d r n t hr e i sure tha do s no qu l fy a and te ta isOt e in ura ce do s no in l d um re lhr s n e t c ue b l a na e i sure , un e such o h rmd n d dr tei sura ce o e ce s in ura ce th t wa bo g tnn , r x ss n , as u h i sura cenn .spe i i a l to a p y in e ce s o th Li i s ocfc ly p l x s f e mt f (2) Whe th s i sura ce i e ce s, we wilnin n s x s lIn ura ce sho n in the o th ssn w f i ha e no dut und r Co e a evy e v r g s A or B toCo e a e P rtvrg a. de e d th i sure a a nst a y "sui " i a yfn en d gi n t f nAs use a y he e in th s Pa t o h rdn w r i r ,t e o h r in ure ha a du y to de e d thete s r s t fni sure m a s a pro i e o o h r in ura ce Asnr e n v d r f t e s n . i sure a a n t tha "sui ". If no o h rnd g i s t t t euse in Pa a ra hdr g p c. be o , in ure m a s alw s r en i sure de e d , we wi l un e t k t o sonr f n s l d r a e o d,pro i e f n ura cevd r o i s n . bu we wi l b nt t e t h i sure ' ri h stl e e i l d o t e n d s g t a a nst l h se o h r nsur r .gi a l to tei e sa. P i ary I su an erm n r c (3) Whe thi in ura ce i e ce s o e o h rn s s n sxs v rt eThi insura ce is pri a y whesn m r n i sura ce we wi l pa o l o r sha e o thenn , l y n y u r fPa a r prg ah b. be o a pl e . If th s i sura ce ilw p is i n n s a o nt o the lo s, i a y th t e ce d themu f s f n, a x espri a y o r o l g ti n a e no a f cte un e sm r ,u b i a o sr tf e d l s sum o :fa y o th o h r i sura ce is a so pri a ynf e t e n n l m r . (a) The to a a o nt tha a l such o h rtl mu t l teThe , we wi l sha e wi h a l t a o he n ura cenl r t l h t t r i s n i sur n e wo l pa fo th lo s i thna c u dy r e s n eby t e m th d e cri e n Pa a r ph eod s b d i r g a h c. be o ,lw a se ce o hi i sura ce nbn f t s n n; a de ce t h n a a ra hxp w e P r g p d. be o pp i s.lw a l e (b) The to a o a l a d se ftl f l n l -b Ex e s I s ran e.c s n u c i sure a o nt unde a l th t o h rnd m u s r l a t e (1) Thi i sura ce i e ce s o e :sn n s x s vr i sur n ena c . (4) We wi l sha e the re a n ng l ss, if a ylr m i i o n ,()a An o the o he in ura ce whe heyf tr s n, tr wi h a y o he in ura ce th t i notnt r s n a stpri a y e ce s, co t n e t o o a ym r ,xs n i g n rnn de cri e in thi Ex e s Insura cesb d s c s noh rb s i :te a s pro i i n a d wa no bo g t spe i i a l tv s on stu h c f c l y o()i Tha is Fi e Ex e d d Co e a etr , t n e v r g , a pl i e ce s o the Li i s o In ura cepy n x s f m t f s nBu l e ' Ri k In ta l t o Risk oid rs s , s lai n r sho n i th r t o s o thi Cov r gwne a i n f s e a e Pa tr.
CG 1 0 02 1T0 9 Pa e 15 o 21gf© 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
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Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
COMM RCIAL E ERAL IAB LITYEG N L I
c. Meth d O h rin a.of S a g The sta e e t in th a etmn s e r a cura e a d co p e ect nm l t ;If a l o the o he i sura ce pe m t co t i ut olf tr n n r i s n r b i n by e u l sha e , w i l fo l w t i m t o l oqa rs e w l l o h s e hd a s. b. Tho e sta e e ts a e ba e upost m n r s d n Und r th s e ch in ure co t i ut s re re e t ti n y ue i a s r n r b e p s n a o s o a e to us; n md ad eu a a on su n t li th a p a di t ap l c alqlm u t i s i sp ib e c. We ha e i sue th s po i y i re i n e up nvs d i l cn l a c o l m t o in ura ce o no e o th l ss re a ns,i ifs n r n fe o m i y ur e re e ta i ns.or p s n t o The uni te ti n l o i sio o , o uni t n i na e ron noa m s n f r n et o l r r If a y o th o h r i sura ce do s no pe m tnf e t e n n e tr i i , a y i f rm ti n pro i e by y u whi h we re i dnnn oa o v d d o c l e co tr bu i n by e u l sha e , we wi l co t i utni t o qa rs l n r b e up n i issui g th s po i y wi l no pre u i e y uon n i l c l t j d c o r by l m t . Und r th s m t o , e ch i sure 'sii s e i e h d a n r ri ht unde th s in ura ce Ho e e , thi pro i i ngs r i s n . w v r s v s o sha e is ba e o the ra i o i s a p i a l i irs d n t o f t p l c b e l m t do s no a f ct o r ri h to co l ct a di i n let f e u g t l e d t o a o in ura ce to th to a a pl ca l li i s ofsn et l p i b e m t f pre i m o to e e ci e o r rig t o ca ce l t o omu r x r s u hs f n lai n r i sura ce o l nsure s.nnf a l i r no re e a i cco d nce w t pp i a l n ura cen n w l na r a iha lc bei s n d P i a y And No -Co trib t ry In u an e If.r m r nnu o s r c lw s o eu lt os .ar r g a i n Req i ed B Wri te o tracur y t nC n t 7. Se arat o f n u edp in OIsr s If y u spe i i a l a re i a wri t n co t a t oo cfc ly g e n te nr c r Ex e t wi h re pe t to the Li i s o In ura ce a dcp t s c m t f s n , n a re m nt tha the i sura ce a fo d d to agee t n n fr e n a y ri h s o du i s a sig e i th sng trt e s n d n i i sure un e hi Co e a e Pa t m st p l nnd d r t s v r gr u a p y o Co e a e Pa t to the fi st Na e Insure , th svrg r r md d i a pri a y ba i , o a pri a y a d no -mr s s r mr n n i sura ce a pl e :nnp i s co tr bu o y ba is, th s i sura ce is pri a y toni tr s i n n mr a. As i e ch Na e In ure we e the o lfa m d sd r n yo h r in ura ce th t i a a l bl ote s n a s vi a e t Na e n ure ; ndmd Is dawhi h o e s such n ure a a n m d i sure ,cc v r i s ds ae n d b. Se a a e y to e ch in ure a a n t who cl iprtl a s d gis m a ma d we wil no sha e wi h th t o h r in ura cenl t r t a t e s n , i m d o "sui " i b o g tsa e r t s r u h .pro i e ha :vd d t t
8. Tra sfe O i h s O e o ery Ag i s t ersn r fRg t fR c v an tOh(1) The "bo i y i j ry o "pro e ty da a e fodl nu " r p r m g " r To Uswhi h co e a e i so gh o cur ; ndcv r g s u t c s a If the i sure ha ri h s to re o e a l o pa t o a ynd s g t c v r l r r f n(2) The "pe so a a d a v rt sin i j ry forn ln d e i g n u " r pa m n we ha e m d unde thi Co e a e Pa tye t v a e r s v r g r ,whi h co e a e is so gh i ca se by acv r g u t s u d n th se ri ht a e tra sfe re t us. he i sure ustog s rn r d oT nd mo f es e tai c o m t e;fn h t s mi t d do no h ng a te l ss to i p i th m At o r re u st,ti f ro ma r e . u qesubse u nt to the si n ng o tha co tr ct oqe gi f t na r th i sure wi l bri g "sui " o tra sfe tho e ri h sen d l n t r n r s gta re m nt by y ugee o . to us a d h l s e f rce t e .ne p un o h m
5. P e i m Au irm u d t 9. Wh n We D N t en weo o R e
a. We wi l co p t a l p e i m f r h s Co e a elm u e l r m u s o t i v r g If we d ci e n t o r n w h s Co e a e P rt e wi led o t e e t i v r g a, w lPa t i cco d nce w t ur u e a d a e .rn a r a i h o r l snr t s m i o de i e to th fi st Na e In ure sho n inal r lv r e r m d s d w b. Pre i m sho n in th s Co e a e Pa t amu w i v r g r s th De l ra i n wri te no i e o the no r n wae c a t os t n t c f n ee l a v nce pre i m i a de o i pr m um o l . Ad a mu s p st e i ny t no l ss th n 0 da s be o e t e e pi a i n da ete a 3 y fr h x rt o t. th clo e o e ch a d t pe i d we wi l co p tes f a u ir o lm u e If no i e is m i e , pro f o m i i g wi l be suffi i ntc al d o f aln l ce tth e rn d pre i m fo th t pe i d a d se dea e m u r a r o n n pro f f o i eoont c.no i e t th fi st Na e I sure . The du da etc o e r m d n d e t SE TI N V – D F N T O SCO E I I I Nfo a di a d re ro pe ti e p e i m i t e d trutn ts c v r m us s h a e
1. "shown as the due date on the bill. If the sum of Ad e t se e t" m a s a no i e th t s br a ca t ov r i m ne n t ca io d s r pu l she to the ge e a pub i o spe i i m rbi d n r l lc r cfc athe advance and audit premiums paid for the k t e po i y pe i d is gre te tha the e rn dlc ro a r n a e se m nt a o t y ur go ds, pro u ts o ser i eges b u o o d c r v c s fo th purp se o a t a g custo e s ore o f t r m r rpremium, we will return the excess to the first Na e nsure . supp rt r . o h p r o e o hi de i i i nm d I d o e s F r t eu p s sf ts f n t o :
c. The fi st Na e In ure m st k e re o d or m ds du e pc r s f a. No i e th t a e publ she i cl de m t r atc s a r i d n u aei l th in o m t o we ne d fo pre i m pl ce o the Int rn t o oe fr a in e r m u a d n e e r ns i m lr ia co p t ti n a d se d us co i s a such t m sm u a o ,n n p e t ie mas oc o mn ia in ; aden f m u ct o n a we m y re u st.sa q e b. Re a di g we sit s, o l tha pa t o a we si egr n b e n y t r f b t
6. Rep es n ati nre to s th t is a o t y u go d , pro u ts o se v ceab u o r o s d c r r i s fo th pur o e o a t a custo e s ore p s s f t r m r rBy ti g t i p l cy o gre :pn h s o i , yu a e supp rt r i co si e e a a v rt se e toe ss ndrd n d ei mn .
Pa e 16 o 21gf CG 1 0 02 1T0 9© 2017 The Travelers Indemnity Company. All rights reserved.
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COMM RCI L G NERAL IAB LI YEAE LI T
2. "Ad e t si g i j ry :vr i n n u " b. In by o wit a y o he e e o i m a s o,r h n t r l n c e n f co m n ca i n such a th In e n t, if thamu i t o , s e t r e ta. Masi n u r c as e b yoeo mr eo t h een j y u d n r o f mt e il i pr f :ar asa t of o lw ig o f es e:lo n f n s (1) Ra i o te e i i n pro r m i g be ngdo r l vso ga mn i(1) Ora o writ e a i n incl di glr t n t o , u n tr n m t e ;as i tdpu l ca i n by e e o i m a s, o m t ri lbi to l nc e n f ae a i y ur "a v rt se e t th t sla d rs ono d e im n " a n e r (2) Ot e en e ta n e t e uca i n lhr tr imn , d t oa ,l b l a pe son or or a i a i n orie s r gn zt o i structi n l m si o ne s pro r m i gno a , u c r w g a m ndi pa a e a pe so ' o o ga i a i n ssr g s rn s r rn z t o ' be n ra sm t e ; oig t n i td rgo ds, pro u ts o se v ce , pro i e thaod c r r i s v d d t th cla m i m d o he "sui " i b o g t byei s a e r t t s r u h (3) Ad e t si g tra sm t e wi h a y o suchvr i n n i td t n f a pe so o o g ni a i n h t cl i s to ha ern r r a z t o t a a m v pro ra m n .gmi g be n sla d re o li e e , o tha cla m toen e d r b l d r t i s 6. "Co e a e t rri o y m a s:vrg e tr" enha e ha it go ds, pro uct o se v cevd s o d s r r i s di pa a e ;sr g d a. The Uni e Sta e o Am ri a (i cl di g i std ts f ec n u n t te r t r e a d po se si ns), Pue t Ri o a drioi s n s s o ro c n(2) Ora o writ e pub i i n incl di glr t n lo , u n Ca a and;pu l ca i n by e e i m a s, o m t r abi to l nc e n f aei l i o r "a v rt se e t th t:ny u d e i m n" a b. In e na i na wa e s o a rspa e but o l if thetr t o l tr r i c, n y (a) Ap ro ri t s a pe so ' na e v i epp a e r n s m ,o c , i j ry o da a e o curs in th co rse o tra enu r m g c e u f v l ph t gr p r i e e s; ooo a ho lk n s r o tra spo t t o be w e a y pl ce in l d drnr a i nt e n na s c u e iP a a r pnr g a h a. aoe rbv; o(b) Unre so a l pl ce a pe so in aan b y as rn fa se l gh ; rli t o c. Al o h r pa t o th wo l if th i j ry olt e r sf e r d e n u r da a e a i e o t o :mg r ss u f(3) In r ng m nt o co y i ht "ti l " o "sl g n"fi e e f prg , t e r o a i y u "a v rt se e t , pro i e tha thno r d e im n " v d d t e (1) Go ds o pro uct m d o so d by y u inor d s a e r l o cl i i m d o th "sui " i bro gh by aam s a e r e t s u t th te ri o y de cri e i Pa a r per t r s b d n r g a h a. pe so o o ga i a i n tha cla mrn r rn z t o t i s aoebv; o ne shi o such co y i ht "ti l " owr p f p r g , t e r (2) The a ti i i s o a pe so who e ho e i icv t e f r n s m sn"sl g n .oa" th te ri o y de cri e i Pa a r per t r s b d n r g a h a. b. In l d s "bo i y in ur " ca se by o e o m rcu e dl j y u d n r oe a o e but i a a fo a sho t ti e o y urbv, s wy r r m n oo the o f n e de crib d in Pa a ra hff e s s s e r g p a. bu i e s; rsn s oaoebv. (3) "Pe so a a d a v rt sin i j ry o fe sern ln d e i g n u "f ns3. "Au o m a s:t" en th t ta e pl ce th o g th In e ne oak a r u h e t r t r a. A l nd m t r v h cl , tra l r o se i r i eao o e i e i e r m t a l r s i i a lc t oi mas o o mn c a inm l r e er n c e n f c mu i t o ; de i n d fo tra e o pub i ro ds, i cl di gsg e r v l n lc a n u n pro i e the insure ' re po sib l ty to pavd d ds s n ii ya y a t che a hi e y o qu pm n ; rnt a d m c n rr e i e t o da a e is de e m n d in a "sui " o th m r t imgs tr ie t n e e i sn b. An o he la d v h cl th t is sub e t to aytr n e i e a j c th te ri o y de cri e i Pa a r per t r sb d n r g a h a. aoeoibv, rn a co p l o y o fi a ci l re po si i i y la , omu sr r nn a s n b l t w r se t e e t we a re otl m n g et . o h r m to v hi l i sura ce l w, whe e i ite o r e c en n a r t s
7. "El ct o i da a m a s in o m t o , fa t oer n c t " e n f ra i n c s rl ce se r ri ci a l a a e .ind o p n p l y g r g d pro ra s sto e a o o , cre te o use o , ogm r ds rn adr dn rHo e e , "a t " do s no in l d "m bi ewvr u o e t c ue o l tr n m t e to o fro co pu e so tw r (i cl d ngas i td r m m tr f a e n uieu imn " .qpe t sy te s a d a p i a i ns so tw r ) ha d o fl p ys m n p lc to f ae, r r o p
4. "Bo i y i j r " m a s:dl nuy e n di ks, CD-ROM , ta e , dri e , cel s, da ass p s v s l t pro e sin de i e o a y o h r m di a ecs g v cs r n te e a ra. Ph si a ha m i cl di g si kn ss o di e seyc l r ,nun c e r s a , use i h e e o i a l co t o l d e ui m n .dwt l nc ly nr le q p e tsusta n d y a pe so ; oie b r n r b. M nt l a g i h, i j ry o i l e s, o e o i n lea n u s n u rl n s r m t o a 8. "Em l y e i cl de a "l a e wo k r". "Em l y epo e " n u s e s d r e po e " di tre s, re ul i g a a y ti e fro suchss s t n t n m m do s n t i cl d "te po a y wo k r .e onu e a m r r r e " p hs iahr m i es od ies eyc la , s s r s a . 9. "Ex cut v o f ce " m a s a pe so ho di g a y oei e f i r e n r n l n nf
5. "Bro dca ti g m a s tra sm tt n a y a d o oas n "e n n i i g nu i r th o fi e po it o s cre te by y u cha t r,ef c r s i n a d o r r e v sua a e i l fo ny p r o eil m t r a r a u p s : co sti u i n by a s o a y o h r sim l r go e n ngnt t o , l w rn t e i a v r i do um n .ce ta. By ra i o e e i io ; odo rt l vs n r
CG 1 0 02 1T0 9 Pa e 17 o 21gf© 2017 The Travelers Indemnity Company. All rights reserved.
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10. "Go d Sa a i a se v ce " m a s a y e e g n y tr ck , ro db do m r t n r i s e n n m r e c a s a e s, tu n l und r a s ne , e ps o r m di a se v ce fo whi h no co p n a i n is cro sin ;ec l r i s r c m e s t o s g de a d d r e e v dmne orcie. (2) Tha i d m i i s a a chi e g ne r otne n f e n r t ni e r
11. "Ho ti e fi e m a s a fi e whi h e surv y r o i j ry o a as l r " e n r c m s e o f r n u r d m g ri in ut o : ea s go f tr l a l o bre k o t fro whe e i wano lb e r as u m r t s (a) Pre a i g a pr v ng o fa l n topr n, p oi , r i igi t nd d o b .ne e t e pr pa e or ap r v , m p , shoer p o e a s p
12. "Im a re pro e t " m a s ta g bl pro e t , o he dra i g , o ip i d p r y e n n i e p r y t r w n s p n o s, re o ts, surv in pr es , y th n "y ur pro uct o "y ur wo k , tha ca n t be fi l o d rs, cha ga o d " r o r " t n o e d r e n e o d rs o ra i gs re r d w n use r s l ss use u e a se a d pe i i a i ns; rdo i e f lb c u : n s cfc to o a. It i co po a e "y ur pro uct o "y ur wo knrr t s o d "r o r " (b) Gi i g di e t o s o i stru ti n , ov n rc in r n cos r th t is kn wn o th ug t to be de e v , fa l ng to gi e th m ifa o r o h f e i i v e , th t is the a de i n , n de u te o a g ro s; o pri a y ca se o the in u y of tia qa r dne u r mr u f jr r d a ae mg; orb. Y u ha e fa l d to ful i l the te m o a co tr cto v i e f l rsf n a (3) Und r whi h the i sure , if a a chi e t,ec n dn r t cor agreement; e gi e r o surv y r, a sum s l a i i y fonn e r e o s e i b l t ri such pro e t ca be re to e to use by t efp r y n s r d h a in u y o da a e a i in o t o thenj r r m g r s g ufre a r, re l ce e t, a j stm nt o re o a o "y urp i pa m n du e r m v l f o i sure 's re de i g o fa l r to re dend n r nr i u e n rpro uct o "y ur wo k o y u fu fi l n t e te m od" r o r " r o r l l i g h r s f pro e si n l se v ce , in l d n ho e l stefs oa ri s c uig t s i dth co t a t o gr e e t.en r c r a e m n iP a a r pnr g a h (2) aoeads u prio ybv n e v sr,
13. "In ure co t a t m a s:sdn r c " e n i spe t o , a chi e a o e g ne ri gn c in r t rl r ni en at v t is .c iiea. A co t a t fo a l a e o pre i e . Ho e e ,nr c r e s f ms s w v r th t po t o o t e co t a t fo a l a e oar i n f h n r c re s f 14. "Le se wo k r" m a s a pe so l a e o y u ba d re en r nesd t o y a pre i e tha in e n f e a y pe so oms s t d m i i s n r n r l bo l a in fi m unde a a r e e t be we n y ua res g r r n g emn t e o o ga i a i n fo "pre i e da a e i no arn z t o r m s s m g " s tn a d the la o le si g fi m to pe f rm dut e re a enb r a n r , r o i s l t d "i sure o tr ct ;nd c n a " to the co d ct o y ur bu i e s. "Le se wo k r"nu f o s ns a d re do s n t i cl d "te p ra y wo k r .e onu e a m or r e "b. A i e ra k a re m n ;sd t c g e e t
15. "Lo di g o unl a i g" m a s th ha d i g oan r o d n e n e n l n fc. An e se e t o li e se a re m nt e ce t inya m n rc n gee, x p pro e typr :co ne ti n wi h co stru ti n o de o i i nnc o t n c o r m l t o o e a Af e i is m v d fro th pl ce whe e i ispr tr t oe m e a r tti n o o i h n 5 e t o a ro dos n r w ti 0 fe f a ri a; a.l t d fo m v m n i t o o t a a rcra tpe r o e e t no r no n i f,d. An o l ga i n, a re u re by o d na ce tobi to s q i d r i n , wa e cra t r "a t ";tr fo u oi d m i y a m n ci a i y e ce t i co ne ti nne n f ui pl t, x p n n co wi h o k f r a m ni a i ytw r o u l t ; b. Whi e i is i o o a a rcra t wa e cra t ol t nrnni f , t r f r "a t "; ruo oe. An e e a o a nt na ce a re m ntl v t r m ie n gee; c. Whi e i is be n m v d fro a a rcra tlt i go e m n i f ,f. Tha pa t o a y o he co t a t o a re m ntt r fn tr n r c rg e e wa e cra t o "a t " to th pl ce whe e i istr f r u o e a r tp r a n n to y ur busi e s (i cl di g aet i i g o n s n u n n fi a l e i e e ;n lyd lv r di de n fi a i n o a m ni i a i y i co nen mict o f u c pl t n n n wi h wo k pe f r e fo a m n ci a i y und rtr r o m d ru i p l t ) e bu "l a i g o unl a i g do s no i cl de thet o dn r o dn " e t n u whi h y u a sum th to t li b l t o a o h r m v m nt oc o s e e r ai i y f nt e oe e fp r oet yb ymaso pr en famc hn c a ea il pa t to pa fo "bo i y in ur ", "pro e ty de i e o h r tha a har y y r d l j y p r v c , t e n n tr ck tha i no a ta he du , t s ttc d da a e o "pe so a i j ry t a thi d pe somg" r r nl n u " o r r n to t e a rcra t w t rcra t o "a t ".hi f , a e f r u o o o ga i a i n To t l a i i y m a s a li b l tyrrn z t o . ri b l t e n a i i 16. "M bi e e u pm n " m a s a y o the fo l wi go l qi et en n f l o nth t wo l be i po e by l w i t e a se ce oau dm s da n h b nf ty e o la d v hi l s, i cl di g a y a ta heps f n e c e n u n n t c da y co t r g e m ntn n r o a r ee. m chi e y o e ui m ntan rr q p e :
Pa a r prg ah f. do s no i cl de th t pa t o a yet n u a r f n a. Bu l o e s, fa m m chi e y fo k i ts a d o h rld z r r a n r , r lf n t eco tr ct o a re m n :na r g e et v hi s de i n d fo use pri ci a l o f pub ies g e r n p l y f l c (1) Tha i d m i i s a ra l o d fo "bo i y ro d ;t n e nfe ir a r dl a s i j ry o "pro e ty da a e a i i g o t on u " r pr mg" r s n u f b. Ve i l s m i t i e fo use so e y o o ne t tohce anan d r l l n r xco stru n o de o i i n o e a i ns,n r m lto p r to pre i e y u wn r e tms s o o o r n;wi hi 50 fe t o a y ra l o d pro e t a dtn e f n i r a p r yn c. Ve i l s t a t a e n l r t e ds;hce h t r v lo we r aa fe t ng a y ra l o d bri g o tre tl ,fc i n i r a d e r s e Pa e 18 o 21gf CG 1 0 02 1T0 9© 2017 The Travelers Indemnity Company. All rights reserved.
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COMM RCI L G NERAL IAB LI YEAE LI T
d. Ve i s, whe he sel -pro e l d o no ,ht r f p l e r t b. An a t o o i si n co m t e in pro i i g ocr m s o m i t d v d n r m i ta n d pri a i y to pro i e m b l ty to fa l ng to pro i e fi st a n i e m r l v d o i i i i v d r a d o "Go d Sa i r o m ri a atn pe m ne t y m u t d:ra n l o n e se v ce " to a pe so , un e s y u a e i theri s r n ls o r n bu i e s o occup ti n of pro i i gsn s r a o vdn(1) Po e cra e , sho e s, l a e s, di g rs owr ns vl odr ge r pro e sio a e l h ca e se v ce .fs nl ha t r ri sdri l ; ols r
18. "Pe so a a d a v r i i g i j ry m a s "pe so ar n l n d etsn nu " e n r n l(2) Road construction or resurfacing e ui m n such a gra e s, scra e s o i j ry o "a v rt sin nqpe t s d r p r r n u"r d e i g i j r " . uy ro l rs;le 19. "Pe so a n ur ":rn l i j y
e. Ve i l s no de crib d i Pa a r phce t s e n r ga h a., b., c. a. M a s i j ry o he tha "a v rt sin in u y ,en n u , t r n dei g jr"or d. a o e th t a e no se f pro e l d a d a ebv a r t l - pl e n r ca se by o e o m r o th fo l w ngud n r o e f e l o im i t i e pri a i y to pro i e m b l t toanan d m rl vd o iiy of e s e :fn spe m n n l a ta he e u p e t of thera e t y tc d q i m n f o lw ig tps :lo n y e (1) F l e a re t, de e t o r m ri o m n ;a s r s tn in oi psn et (1) Ai co pr sso s, pum s a d ge e a o s,rm er pn n r t r (2) M l ci us pr se o ;ai o o i ni cl d ng spra i g, we d ng bui d ngnu i y n l i , l i cl a i g ge ph si a e pl ra i n, l gh i gen n, o y cl x o t o i t n (3) The wro gf l e i fro , wro gf l e trnu v n m nu n y a d e l se v ci g e ui m nt rnw l r in qpe; o i t , o in a i n o the ri h o pri a eno r v so f g t f v t o cup ncy o a ro m dwe l n o pre i eca f o , l i g r m s s(2) Che ry pi k rs a d si i a de i e use torc e n m l r v c sd th t a pe so o cup e , pro i e tha thear n c i s v d d tra se o o e o k rs;ir l w r w r e wro g u v ct o , wro g u nt y o n a i nn f le i i n n f le r ri v sof. Ve i l s no de crib d i Pa a r phce t s e n r ga h a., b., c. o the ri h o pri a e o cupa cy isfg t f v t c nor d. a o e m i ta n d pri a i y fo pu po ebv a n ie mr l r r ss co m t e by o o be a f o the o ne ,mi t d r n h l f w ro h r tha th tra spo t t o o pe so s ote n e n r a in f r n r l nd o d o le so o tha ro m dwe l ng oal r rsr f t o , l i rca g .ro pre i e ;ms s Ho e e , se f pro e l d v h cl s wi h thwvr l - pl e ei e t e (4) Ora o writ e pub i a i n incl di glr t n l c t o , u nfo l wi g ty e o pe m n nt y at a helo n p s f r a e l t c d pu l ca i n by e e t o i m a s, o m t r ab i t o lc rn c en f a e ile ui m nt a e no "m bi e e u pm n " bu wilqpe r t ol q i e t t l th t sl nd r o l b l a pe so oaa e s r i e s r n rbe co si e e "a t s":nd r d u o o di pa a e a pe so 's ors r g s r n r(1) Eq i m nt de ig e ri a i y f r:up e s n dp m rl o (a) Sn w r m v loe o a ; pro i e t a the cl i i m d r he "sui "vd d h t am s a eo t t i bro g t by a pe so o o g n z ti n thasu h r n r r a i a o t(b) Ro d m i t na ce but noa a n en, t co stru n o r surfa i g; o cl i s to ha e be n sl nd r d o i enr e c n r a m v e a e e r l b l d , o er th t cl i s to ha e ha i s go ds, pro u tsaa m v d t o d c(c) St e t i g;re n n o se v ce di pa a e ; orr i s s r g d r(2) Che ry pi ke s an sim l r de i erc rdi a v c s (5) Ora o wri te publ ca i n, in l d nlr t n i t o c u i gm un e o a t m bi e o truck cha sisot dnu o o l r s pu l ca i n by e e tr n c m a s, o m t ri lb i t o lcoi en f a eaa d se t a se o o e o k rs; a dn u do ri r lwr wre n th t:a(3) Ai co pr sso s, pum s a d ge e a o s,rm er pn n r t r i cl di g spra i g we di g bui di gnun y n , ln , ln (a) Ap ro ri t s a pe so ' na e v i epp a e r n s m ,o c , cl a i g ge ph si a e pl ra i n, l gh i gen n, o y cl x o t o i t n ph t gr p r i e e s; ooo a ho lk n s r a d e l se v ci g e ui m ntnw l r in qpe.
(b) Unre so a l pl ce a pe so in aan b y as rnHo e e , "m bi e e u p e t do s no i cl de a ywvr o l qimn " e tn u n fa se l gh .li tl nd v h cl th t is sub e t to a co pu so y oae i e a j c m l r r b. In l d s "bo i y in ur " ca se by o e o m rcu e dl j y u d n r oefinancial responsibility law, or other motor vehicle i sura ce l w, whe e i is l ce se o pri ci a l o the o f n en n a r t i n d r n p l y f f e s s de crib d in Pa a ra h se r g p a. ga a e . Such la d v h cl s a e co sid rergd n ei e r n e d aoebv. "a t s".uo 20. " P o ltn s " ma ays o i, l q u d g aeu olua t e n n ld i i , s o s r
17. "Occurr n e m a s:ec" en th rm l irr t n o co t m n nt i cl di g sm k ,e a i a t r n ai a,nun o e v po , so t, fu e , s, a k l s, che i a s a dar o m s d l a i m c l na. A a ci e t, i cl di g co ti uo s o re e t dnc d n n u n n nu r p a e wa te Wa te in l d s m te i l to be re y l d,s .sc u e a r a s c c ee po ure to substa t a l th sa e ge e axs n i l y e m n r l re o di i n d o r cl i e .cn t oe re a mdh amu lc o d ii n ; rrf nt o s o CG 1 0 02 1T0 9 Pa e 19 o 21gf© 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission. cle
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organization's goods, products or services,
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
COMM RCIAL E ERAL IAB LITYEG N L I
21. "Pre i e da a e m a s: co tr ct ca l fo wo k a m re th nm ss mg" en na l s r r t o a oe jb i eno s t .a. Wit re to th fi st pa a ra h o thehs e r r g p f e ce ti n in Ex l sioxp o s c u n j. of I – (c) Whe tha pa t o the wo k do e a ant r f r n t Co e a evrg A – Bo i y In ur And Pro e tdl j y p ry j b si e ha be n put to it i t nd dot s e s n e e Da a e Li b l ty "pro e ty da a e to a ymg ai i , pr mg" n u s e b n y pro o r gn zt o t hry a e s nr oa i a i n oe pre i e whi e re t d to y u fo a pe i d oms s l ne o r ro f th n an th r co tr ct r orao e n a o se e o fe e co se ut v da s, in l d ng thevn r wr n c ie y c ui subco t a t r wo k n o th sa enr co r i g n e m co te ts o uch re i e ; rnn f s pm s s o pro e tjc .
b. Wit re pe t to th e ce t o to Ex l si nshs c e x p i n c u o c. Wo k tha m y ne d se v ce m i t na cer t a e r i,a n en,th o gruh n. i h el s t aa r a ho aa r pnt a p r g p fP r ga h 2. co r ct o , re a r o re l ce e t, bu w i hre i n p i r p a m n t hcoS e t i nfc o I –C oeaevrg A – Bo i y Inj ry Anddl u i o h rwi e co pl t , wi l be tre t d ast e s m e e l a e sPro e ty Da a e L a i i y "pro e ty d m ge topr mg ib l t, pr a a " co p e e .mltda y pre i e whi e re t d t y u fo a pe i d onm s s l n e o o rr o f b. Do s no in l d "bo i y in u y o "pro e tyet c u ed l j r " r p rm re th n se e co se ut v da s, o whi eoav n n c i e y r l d a aea iig ot o :mg" r s n u fte p ra i y o cup e by y u wi h pe m ssio omo r l c id o t r i n f th o n r, ca se yew e u d b : (1) The tr n po t ti n o pro e t , unl ss theas r ao f pr y e i j ry o da a e a i e o t o co d t o nnu r m g rs s u fa n ii ni(1) Fr ei; o on a v h cl no o n d o o e a e byr ei e t we r prtd(2) E xls in ;po o y u, a d tha co di i n wa cre t d by theon t n t o sa e " o ht eil b n y ft a v hce ya(3) Lightning; l a i g o unl a i g" od n r od n i sure ;nd(4) Sm k re ul i g fro fi e e pl sio ooe s t n m r, x o n r lg t i g rih n n; o (2) The e i te ce o to l , uni sta l dxs n f os n le e ui m nt o ab nd n d o unuseqpe r a o e r d(5)
mt e il; rar a s oBu "pre i e da a e un e thi Pa a r pt m ss mg" dr s rg ah (3) Pro uct o o e a i n fo whi h thdsrp r t o s r c eb. do s no in l d "pro e ty da a e to a yet c u e p r m g " n cl ssi i a i n, li te i th De ra i ns oaf c t o s d ne t o rpre i e ca se b :ms s u d y i a po i y Sche u e sta e th t pro uct -n l c dl, ts a d s(1) Rup u e bu sti g o o e a i n o pre suretr, r n, r prt o f s co p e e o e a i n a e subj ct to themltd prt os r ere i f e i e ;le d vc s Ge e a g re a e Li i .nrl Ag gt m t (2) Rup u e o bu sti g due to e p nsio otr r r n xa n r 23. "Pro e ty d m ge m a s:pr a a " enswe l n o th co t n s o a y bui d n ol ig f e n et f n lig r a. Ph si a in u y to ta gi l pro e t , in d ng a lycl jr nb e p r y i lstru tu e ca se b r e ul i g r m w t r;c r u d yo r s tn f o ae re ul i g l ss o use o th t pro e t . Al suchst n o f f a p r y lor l ss o use wi l be de m d to t t e t m fof l e e a h i e o (3) Ex l si n o ste m bo l r , ste m pi e ,po o f a ies a p s t h pyia n u y tac as e t re h sc li j r h t u di;o s t em eg ie o t em trie.an n s r s a u b n s b. Lo s o use o ta gi l pro e ty tha i nosf f n b e p r t st ph si a l in ur d Al such l ss o use wi l beycl y j e . l o f l22. "Products-completed operations hazard":
de m d to o cur a the ti e o th ceee c t m f e n "a. In l d s a l "bo i y in ur " a d "pro e tycu e l dl j y n p r th t a se tacu d i .da a e o cur i g a a fro pre i e y umg" c r n wy m m ss o F r the purp se o th s in ura ce "e e i da aoo s f i s n , l n c t "o n o re t a d a i in o t o "y ur pro uct owr n nr s g u f o d" r i n t a g bl ro e t .so t n ie pp r y"y ur o k e ce t:ow r " x p
24. "Sl g n :oa"(1) Pro uct th t a e sti l in y ur phy icads a r l o sl a. M a s a phr se th t o h r u e fo he pu p seen a a te s s r t ropossession; or o t ra ti g a t n i n n t e r d e t sin .f a t cn t et o i hiavr i g(2) Wo k tha ha no y t be n co p e e ort s t e e m l t d r b. Do s no in l d a phra e use a , o in theet c u e s d s r ,aadnd .H o ee ," yu r w o k w i lb ebnoe wvr o r" l na e o :mfde m d co pl t d a th e rl e t o theee me e t e a i s f f o lw ig i e:lo n tm s (1) An pe so o o g n z t o , o he th n y u;yr n r r a i a i n t r ao or(a) Whe a l o th wo k ca l d fo i y unl f e r l e r no r co tr ct ha b e o p e e .na s en cmltd (2) An busin ss, o a y o th pre i e ,ye r n f e m s s go ds, pro uct , se v ce o wo k o a yod s r i s r r , f n(b) Whe a l o th wo k to be do e a thenl f e r n t pe so r r a i a i n t e ha o .r n oo gn zt o, o hr t n yuj b sit ha be n co pl t d i y uoe s em e e f o r Pa e 20 o 21gf CG 1 0 02 1T0 9© 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission. pect
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Water.
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
COMM RCI L G NERAL IAB LI YEAE LI T
25. "Su t m a s a civ l pro e d n i whi h da a ei " en i ceig n c mgs (a) Yuo; be a se o "bo i y in u y , "pro e ty da a e ocu f d l jr" pr mg" r (b) Ot e s t a i g nd r y u a e rhr rd n u e or nm; o "pe so a a d a v rt si g i j ry to whi h thirn l n d e i n n u " c s (c) A pe so o or a i a i n who ern r g n z t o si sura ce a pl e a e a l ge . "Su t i cl de :nnp i s r l e d i " n u s bu i e s o a se s y u ha e a qu re ;sn s r s t o v c i d a. An a b t a i n pro e di g i whi h suchri rt o ce n n c adn da a e a e cla m d a d to whi h th in uremgs r i e n c e s d (2) Co t i e s (o he tha v hi l s), m t ri l ,nan r t r n e ce ae asm st subm t o do s sub i wi h o r co se tui r e m t t u n n ; pa t o e u pm n furn she i co ne ti nrs r q i e t i d n n c oor wi h uch g o s o ro uct .ts o d r pd s b. An o he al e n ti e di put re o ut oy t r trav s e sl in b. In l d s:cu e pr ce di g in whi h such d m ge a e cl i eoe n c a as r a m d (1) Wa ra ti s o re re e ta i ns m de a a yrn e r ps nt o a tna d to whi h th in ure subm ts wit o rnc e s d i h u ti e wi h re pe t to the fi n ss, qua i ymts c t e l t ,co se t.nn du a i i y pe fo m n e o use o "y urr b l t , rra c r f o
26. "Te p ra y wo k r m a s a pe so who imo r re " en r n s pro uct ; ndd" a fu ni he to y u to substi ut fo a pe m ne trs d o te r ra n (2) The pro i i g o o fa l re to pro i evdn f r iu vd"e pl y e o l a e o to m e se so a o sho tmo e " ne v r e t a n l r r - wa ni g o n tr ct o s.rn sr i s ui nte m w r l a o di i n .ro k o d c n t o s c. Do s no i cl de v nd ng m ch ne o o h re t n u ei aisrt e27. "Ti l " m a s a na e o l t r r r a t sti o kt e en m f ai e a y o r i c wr. pro e ty re t d to o l ca e fo the use opr n e r o td r f
28. "Unso i co m n ca i n m a s a yld m u i t o " e n n oh r b tn o s odte s u t l. co m n ca i n in a y fo m tha th re i nt omu i t o , n r, t e e f 31. "Y u o k :or wr"such co m n ca i n di no spe i a l re ue t tomu i t o d t f c l y q s a. Mas :enre e v .cie
(1) Wo k o o e a i n pe f rm d by y u o orr p r t o sr o e or n29. "Vo u t e wo k r m a s a pe so who i no y uln er re " en r n s t or y ur e a f; a dob h l n"e pl y e , a d who do a e hi o he wo k a dmo e " n n t s s r r r n a t a th di e ti n o a d wi hi the sco e oc s t e rco f n t n p f (2) M te i l , pa t o e u pm n furn she inar a s r s r q i e t i d du i s de e m n d by y u a d is no pa d a fe ,te t r i e o , n t i e co ne ti n wi h uch w r o pe a i n .nc o t s o k r or t o s sa a y o o he co pe sa i n by y u o a y n e selr r t r m n t o o r noe l b. In l d s:cu efo he r o k p r o m d f r o .rt i w r ef r e o y u (1) Wa ra ti s o re re e ta i ns m de a a yrn e r ps nt o a tn30. "Y u ro uct :or p d " ti e wi h re pe t to the fi n ss, qua i ymts c t e l t , a. Mas :en du a i i y pe fo m n e o use o "y urr b l t , rra c r f o (1) An go d o pro uct , o h r th n re l wo k ; a dyo s r d s t ea a r " n pro e ty m n f ct r d so d ha d e ,p r , a u a u e ,l ,n l d (2) The pro i i g o o fa l re to pro i evdn f r iu vd di tr bu e r d spo e f ysi td o i sd ob: o n tr ct o s.ri s u i n CG 1 0 02 1T0 9 Pa e 21 o 21gf© 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission. cite
cip
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warnings
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
TRAVELERS ECP CUSTOMSM
GENERAL PROVISIONS FORM
THIS FORM APPLIES TO EACH OF THE TRAVELERS ECP CUSTOMSM COVERAGE FORMS THAT ARE PART OF YOUR POLICY.
ANY LIABILITY COVERAGE FORM THAT APPLIES ON A CLAIMS-MADE
BASIS OR A CLAIMS-MADE AND REPORTED BASIS INCLUDES A
NOTIFICATION TO THAT EFFECT.
FOR LIABILITY COVERAGE, DEFENSE EXPENSES ARE PAYABLE WITHIN,
AND ARE NOT IN ADDITION TO, THE LIMITS OF INSURANCE, INCLUDING
ANY ADDITIONAL DEFENSE EXPENSES LIMIT ADDED BY ENDORSEMENT,
AND PAYMENT OF DEFENSE EXPENSES WILL REDUCE, AND MAY
EXHAUST, THE LIMITS OF INSURANCE.
PLEASE READ THE ENTIRE FORM CAREFULLY.
This form contains provisions that apply to each of
"your ECP coverage forms". References to specific
coverages in these provisions apply only to the
extent that such coverage is included in "your ECP
coverage forms". Various provisions in this form and
"your ECP coverage forms" 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". The words "we", "us"
and "our" refer to the company providing this
insurance.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section IX -
Definitions in this form and the Definitions Section in "your ECP coverage forms".
SECTION I - COVERAGE
1. Defense
a. We will have the right and duty to defend the
"insured" against any "claim" for "loss" to
which the insurance provided under any
liability coverage in "your ECP coverage
forms" applies. However, we will have no
duty to defend the "insured" against any
"claim" for "loss" to which such insurance
does not apply.
When the sum of all "loss" and "defense
expenses" exceeds any applicable
deductible, we will pay "defense expenses"
to defend an "insured" against a "claim" for
"loss" to which the insurance provided under
any liability coverage in "your ECP coverage
forms" applies. Payment of such "defense
expenses" will reduce certain limits of
insurance under "your ECP coverage forms",
and our right and duty to defend an
"insured" ends when we have used up the
applicable limit of insurance in the payment
of "loss" or "defense expenses", including
any combination of such payments.
b. We may, at our discretion, investigate any
act, error or omission or "pollution
conditions", and we may settle any "claim"
against any "insured". If such "claim" is for
"loss" to which any Contractors Professional
Liability Coverage applies, we may settle
that "claim" only with the "insured's" written
consent. However, if we notify the "insured"
that we are willing to pay the amount of a
proposed settlement of such "claim" and the
"insured" does not consent to that proposed
settlement, we will not pay more than the
amount of that proposed settlement for the
combined total of the following for such
"claim":
(1) "Loss"; and
(2) "Defense expenses" incurred after the
"insured" refused to give us such
consent.
c. When we have a duty to defend an "insured"
against a "claim", we will work with you to
select the legal counsel for that defense that
is acceptable to both you and us.
However, if we are unable to agree with you
on the selection of such counsel, we retain
the right to appoint such counsel, subject to
applicable law.
RP 10 00 11 21 © 2021 The Travelers Indemnity Company. All rights reserved. Page 1 of 37
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
POLICY NUMBER: ZCE-31N90068-25-SK
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 If the "insured" has the right to select the
legal counsel for the defense under the
applicable law and exercises such right:
(1) The attorneys' fees and all other
"defense expenses" we must pay to the
"insured's" chosen counsel are limited to
the rates we would actually pay to
counsel that we retain in defense of
similar claims in the location where the
"claim" is being defended;
(2) We may require that such counsel meet
certain minimum qualifications with
respect to competency, including
experience in defending such claims, and
meet certain minimum requirements
with respect to such counsel's errors and
omissions insurance; and
(3) Upon request, that counsel will respond
on a timely basis to our request for any
and all information regarding the "claim".
d. If we defend more than one "insured"
against the same "claim" or "related"
"claims", we have the right to require each
such "insured" to be defended by the same
legal counsel, unless the "insured" or such
counsel establishes that a conflict of interest
prevents such joint defense.
e. We will have the right but not the duty to
defend any "insured" with respect to:
(1) Any "emergency response costs" to
which the insurance provided under any
of the following applies:
(a) Emergency Response Costs in any
Contractors Pollution Liability
Coverage; or
(b) Asbestos Emergency Response
Costs in any Contractors Asbestos
Pollution Liability Coverage; or
(2) Any "on-site pollution clean-up costs"
to which the insurance provided under
On-Site Pollution Clean-Up Costs in any
Site Pollution Liability Coverage applies,
if there is no "claim" for such costs.
Payment of such "defense expenses" will
reduce certain limits of insurance under
"your ECP coverage forms".
f. We will have no other obligation or liability
to pay sums or perform acts or services
unless explicitly provided for under:
(1) Paragraph 3., Right To Appeal A
Judgement, below; or
(2) Paragraph 3., Supplementary
Payments, of SECTION I -
CONTRACTORS PROFESSIONAL
LIABILITY COVERAGE in any
Contractors Professional Liability
Coverage.
2. Exclusions Applying To All Coverages
Provided Under Your ECP Coverage Forms
The following exclusions apply to all of "your ECP
coverage forms" and are in addition to any
exclusions contained in each such coverage
form.
This insurance does not apply to:
a. Asbestos
(1) "Loss" arising out of the actual or alleged
presence or actual, alleged or
threatened dispersal of asbestos,
asbestos fibers or products containing
asbestos.
(2) Any loss, cost or expense arising out of
the abating, testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying, neutralizing,
remediating or disposing of, or in any
way responding to or assessing the
effects of, asbestos, asbestos fibers or
products containing asbestos, by any
"insured" or by any other person or
organization.
For the purposes of any Contractors
Asbestos Pollution Liability Coverage, this
exclusion does not apply.
For the purposes of any Contractors
Professional Liability Coverage, this
exclusion does not apply if the "loss" is not
caused or contributed to by the hazardous
properties of asbestos.
For the purposes of any Non-Owned
Disposal Site Pollution Legal Liability
Coverage, this exclusion does not apply if
the "asbestos pollution conditions" also are
"contractor waste non-owned disposal site
pollution conditions".
b. Claims By Insureds Against Insureds Or
By Related Persons Or Organizations
"Loss" for which any "claim" is made by or on
behalf of:
(1) Any "insured" against any other
"insured";
RP 10 00 11 21 © 2021 The Travelers Indemnity Company. All rights reserved. Page 2 of 37
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 (2) Any organization that any "insured":
(a) Owns more than a 25% interest in;
or
(b) In whole or substantially:
(i) Controls financially; or
(ii) Manages or operates;
(3) Any organization, other than a
partnership, joint venture or limited
liability company, that has a director or
"executive officer" who:
(a) Owns more than a 25% interest in
any "named insured"; or
(b) In whole or substantially:
(i) Controls financially; or
(ii) Manages or operates;
any "named insured";
(4) Any organization that is a partnership,
joint venture or limited liability company
and that has a partner or member who:
(a) Owns more than a 25% interest in
any "named insured"; or
(b) In whole or substantially:
(i) Controls financially; or
(ii) Manages or operates;
any "named insured"; or
(5) Any person who is:
(a) An "employee", director, "executive
officer", partner or member of any
organization described in Paragraph
(2), (3) or (4) above; or
(b) The spouse, child, parent, brother or
sister of an "employee", director,
"executive officer", partner or
member of any organization
described in Paragraph (2), (3) or
(4) above if the "claim" is made as a
consequence of "loss", injury or
damage sustained by that
"employee", director, "executive
officer", partner or member.
This exclusion does not apply if the "claim" is
made for any obligation to share "loss" with,
or repay someone else who must pay "loss",
as a consequence of "loss", injury or damage
sustained by a person or organization other
than an "insured", an organization described
in Paragraph (2), (3) or (4) above or a
person described in Paragraph (5) above.
For the purposes of any Contractors
Pollution Liability Coverage, any Contractors
Asbestos Pollution Liability Coverage and
any Non-Owned Disposal Site Pollution
Legal Liability Coverage, Paragraph (1) of
this exclusion does not apply to any "claim"
for "loss" that is made by or on behalf of any
person or organization that is an "insured"
under Paragraph e. of the definition of
"insured".
For the purposes of any Contractors
Indemnity For Design Professional's Liability
Coverage and any Contractors Indemnity For
Subcontractor's Pollution Liability Coverage,
Paragraphs (2), (3) and (4) of this
exclusion do not apply.
c. Contract Liability
"Loss" for which the "insured" has assumed
liability under any contract or agreement.
This exclusion does not apply to "loss" for
which the "insured" would have liability
without the contract or agreement.
For the purposes of any Contractors
Professional Liability Coverage, this
exclusion does not apply to the "tort
liability" of another to pay "loss" that is
sustained by others if you have assumed
such liability under an "insured contract",
but only if the "loss" is caused by an act,
error or omission or that:
(1) Results from the performance of, or
failure to perform, "your contractor
professional services" by you or on your
behalf; and
(2) Was committed subsequent to the
execution of the "insured contract".
For the purposes of any Contractors
Pollution Liability Coverage, any Contractors
Asbestos Pollution Liability Coverage and
any Non-Owned Disposal Site Pollution
Legal Liability Coverage, this exclusion does
not apply to the "tort liability" of another to
pay "loss" that is sustained or incurred by
others if you have assumed such liability
under an "insured contract", but only if the
"loss":
(1) Results from "pollution conditions" that:
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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 (a) Are caused, in whole or in part, by
acts or omissions of any "named
insured" or any of such "named
insured's subcontractors" in the
performance of "covered
operations" by or on behalf of any
"named insured"; and
(b) Commenced subsequent to the
execution of the "insured contract";
and
(2) Does not arise out of any "pollution
conditions", or any incident, condition or
other circumstance which could become
"pollution conditions", that was known,
or reasonably should have been known,
by the person or organization you
agreed to indemnify or by any of that
organization's employees, and that was
not previously disclosed to a
"responsible person" prior to the
execution of the "insured contract".
d. Dishonest, Fraudulent, Knowingly
Wrongful, Criminal Or Malicious Acts
Or Omissions Or Intentional
Non-Compliance
"Loss" arising out of any:
(1) Dishonest, fraudulent, knowingly
wrongful, criminal or malicious act or
omission; or
(2) Intentional, knowing, willful or deliberate
disregard of, or non-compliance with,
any law, including any federal, state,
provincial, tribal or local law, regulation
or statute or any governmental, judicial
or administrative order or directive;
committed by or at the direction of:
(1) Any "insured"; or
(2) Anyone for whose acts any "insured" is
legally responsible.
This exclusion does not apply to any
"insured" who did not:
(1) Participate in committing, or direct the
committing of, any such act, omission,
disregard or non-compliance; or
(2) Have knowledge of any such act,
omission, disregard or non-compliance.
e. Employers Liability
"Loss" because of "bodily injury" to:
(1) Any "employee" of the "insured", or its
parent corporation, subsidiary or
affiliate, 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 its parent corporation, subsidiary
or affiliate's business; or
(2) The spouse, child, parent, brother or
sister of that "employee" as a
consequence of "bodily injury", or as a
consequence of the employment or
performance of duties of that
"employee", described in Paragraph (1)
above.
This exclusion applies whether the "insured"
may be liable as an employer or in any other
capacity and to any obligation to share such
"loss" with or repay someone else who must
pay such "loss".
For the purposes of any Contractors
Professional Liability Coverage, this
exclusion does not apply to the "tort
liability" of another to pay "loss" that is
sustained by others if you have assumed
such liability under an "insured contract",
but only if the "loss" is caused by an act,
error or omission:
(1) Results from the performance of, or
failure to perform, "your contractor
professional services" by you or on your
behalf; and
(2) Was committed subsequent to the
execution of the "insured contract".
For the purposes of any Contractors
Pollution Liability Coverage, any Contractors
Asbestos Pollution Liability Coverage and
any Non-Owned Disposal Site Pollution
Legal Liability Coverage, this exclusion does
not apply to the "tort liability" of another to
pay "loss" that is sustained or incurred by
others if you have assumed such liability
under an "insured contract", but only if the
"loss":
(1) Results from "pollution conditions" that:
(a) Are caused, in whole or in part, by
acts or omissions of any "named
insured" or any of such "named
insured's subcontractors" in the
performance of "covered
operations" by or on behalf of any
"named insured"; and
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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 (b) Commenced subsequent to the
execution of the "insured contract";
and
(2) Does not arise out of any "pollution
conditions", or any incident, condition or
other circumstance which could become
"pollution conditions", that was known,
or reasonably should have been known,
by the person or organization you
agreed to indemnify or by any of that
organization's employees, and that was
not previously disclosed to a
"responsible person" prior to the
execution of the "insured contract".
f. Express Warranties Or Guarantees
"Loss" arising out of any express warranty or
guarantee, including any such warranty or
guarantee that:
(1) Is made in bid preparations or
specifications for all or part of a project;
or
(2) Involves the cost, timing or schedule,
quality, revenue or use, or performance
of, or for, all or part of a project.
This exclusion does not apply to "loss" for
which the "insured" would have liability
without the express warranty or guarantee.
For the purposes of any Contractors
Indemnity For Design Professional's Liability
Coverage, this exclusion does not apply to
"loss" for which the "design professional"
would have liability without the express
warranty or guarantee.
For the purposes of any Contractors
Indemnity For Subcontractor's Pollution
Liability Coverage, this exclusion does not
apply to "loss" for which the "specified
subcontractor" would have liability without
the express warranty or guarantee.
g. Fines, Penalties, Fees, Liquidated Or
Multiplied Damages Or Injunctive
Relief
(1) Any fine or penalty assessed or imposed
against any "insured" by law, including
any federal, state, provincial, tribal or
local law, regulation or statute or any
governmental, judicial or administrative
order or directive. Punitive or exemplary
damages will be deemed to not be such a
fine or penalty if such damages are
insurable under applicable law.
(2) Any part of the fee for "your work" which
a client fails or refuses to pay.
(3) The portion of any liquidated damages
award that exceeds the amount for
which the "insured" would have liability
without the agreement to pay liquidated
damages.
(4) The portion of any multiplied damage
award that exceeds the amount that is
multiplied.
(5) Any injunctive relief required by, or any
cost or expense to comply with, any law,
including any federal, state, provincial,
tribal or local law, regulation or statute
or any governmental, judicial or
administrative order or directive.
For the purposes of any "Pollution Liability
Coverage", Paragraph (5) of this exclusion
does not apply to "pollution clean-up costs".
For the purposes of any Contractors
Pollution Liability Coverage and any
Contractors Asbestos Pollution Liability
Coverage, Paragraph (5) of this exclusion
does not apply to "emergency response
costs".
h. Your Product
"Loss" arising out of "your product" or any
part of it.
This exclusion does not apply to "loss"
arising out of "your product", or any part of
it, that is any material, part or equipment
furnished as part of "your work".
i. Unnamed Partnership, Joint Venture
Or Limited Liability Company
"Loss" arising out of the conduct of any
current or past partnership, joint venture or
limited liability company that is not a
"named insured".
This exclusion does not apply to any such
organization that otherwise qualifies as an
"insured".
For the purposes of any Contractors
Professional Liability Coverage, this
exclusion does not apply to any "named
insured's" liability for "loss" arising out of the
conduct of the contractor business of such
current or past partnership, joint venture or
limited liability company if such "named
insured" would have been covered for the
"loss" by other professional liability
insurance issued to such partnership, joint
venture or limited liability company but is
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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 not only because of the expiration of such
insurance.
For the purposes of any Contractors
Pollution Liability Coverage, any Contractors
Asbestos Pollution Liability Coverage and
any Non-Owned Disposal Site Pollution
Legal Liability Coverage, this exclusion does
not apply to any "named insured's" liability
for "loss" arising out of the performance of
"covered operations" in the conduct of the
business of such current or past partnership,
joint venture or limited liability company if
such "named insured" would have been
covered for the "loss" by other pollution
liability insurance issued to such
partnership, joint venture or limited liability
company but is not only because of the
expiration of such insurance.
j. War
"Loss" arising 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.
k. Workers Compensation Or Other
Benefits Laws
Any obligation that the "insured" has under
any:
(1) Workers compensation law;
(2) Disability benefits law;
(3) Unemployment compensation law; or
(4) Similar law.
3. Right To Appeal A Judgment
We will have the right to appeal a judgment that:
a. Includes "loss" to which this insurance
applies;
b. Is awarded in a "claim" for which we defend
an "insured"; and
c. Is awarded against the "insured".
If we appeal a judgment that we do not have a
duty to appeal, we will pay all of the following
that result directly from that appeal:
a. All expenses we incur; and
b. All reasonable expenses, other than the cost
of any required appeal bond, incurred at our
request by the "insured" to assist us with the
appeal, including, only if the "insured" is an
individual, actual loss of earnings up to $500
a day by that individual because of time
taken off from work.
These payments will not reduce the limits of
insurance. The results of an appeal will not
change the applicable limit of insurance.
Our duty to make such payments ends when we
have used up the applicable limit of insurance in
the payment of "loss" or "defense expenses",
including any combination of such payments.
SECTION II - LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Travelers
ECP Custom Declarations and the rules below
fix the most we will pay regardless of the number
of:
a. "Insureds";
b. "Claims" made;
c. Persons or organizations making "claims";
d. "Design professionals" under any
Contractors Indemnity For Design
Professional's Liability Coverage;
e. "Specified subcontractors" under any
Contractors Indemnity For Subcontractor's
Pollution Liability Coverage;
f. "Emergency response costs" losses incurred
under any Contractors Pollution Liability
Coverage and any Contractors Asbestos
Pollution Liability Coverage;
g. "Covered operations" under any Contractors
Pollution Liability Coverage, any
Non-Owned Disposal Site Pollution Legal
Liability Coverage, any Contractors
Asbestos Pollution Liability Coverage and
any Contractors Indemnity For
Subcontractor's Pollution Liability Coverage;
h. "On-site pollution clean-up costs" losses
incurred under any Site Pollution Liability
Coverage; or
i. "Covered locations" under any Site Pollution
Liability Coverage and any Non-Owned
Disposal Site Pollution Legal Liability
Coverage.
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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Limits Of Insurance That Apply To Certain
Losses If Any Otherwise Applicable Limit
Of Insurance Has Been Increased
If the amount shown for any of the Limits of
Insurance in the Travelers ECP Custom
Declarations:
a. Is an increase from the amount shown for
that or an equivalent limit of insurance in the
Declarations of any prior insurance policy
issued by us, or any of our affiliated
insurance companies, to any "named
insured";
b. Is an increase from the amount shown for
any limit that applies instead of that limit in
any endorsement amending the Limits Of
Insurance section in any prior insurance
policy issued by us, or any of our affiliated
insurance companies, to any "named
insured"; or
c. Is increased during the "policy period";
the higher amount shown for that limit of
insurance in the Travelers ECP Custom
Declarations does not apply to any of the
following that are subject to that limit:
a. "Loss" and "defense expenses" under any
"Pollution Liability Coverage", "loss" under
any Crisis Management Services Expenses
For Pollution Liability Coverage or "loss"
under any Contractors Indemnity For
Subcontractor's Pollution Liability Coverage,
arising out of:
(1) "Pollution conditions"; or
(2) Any "pollution conditions" in "related"
"pollution conditions";
if any of the "pollution conditions" in
Paragraph (1) or (2) above commenced
before such increase;
b. "Loss" and "defense expenses" under any
Contractors Professional Liability Coverage
arising out of any act, error or omission that
was committed before such increase; or
c. "Loss" under:
(1) Any Contractors Professional Liability
Loss Mitigation Expenses Coverage; or
(2) Any Contractors Indemnity For Design
Professional's Liability Coverage;
arising out of any act, error or omission that
was committed before such increase.
Instead, the amount of that limit of insurance
that applies to such "loss" and "defense
expenses" is:
a. The lower amount shown for that or an
equivalent limit of insurance in the
Declarations of such prior insurance policy;
b. The lower amount shown for any limit that
applies instead of that limit in any
endorsement amending the Limits Of
Insurance section in such prior insurance
policy; or
c. The lower amount shown for that limit of
insurance in the Travelers ECP Custom
Declarations;
that was in effect when any of the "pollution
conditions" that caused such "loss" commenced
or when the act, error or omission that caused
such "loss" was committed.
Each act, error or omission in a series of
"related" acts, errors or omissions will be
deemed to have been committed on the date
the first act, error or omission in that series is
committed.
2. The Aggregate Limit is the most we will pay for
the sum of all:
a. "Loss", other than "crisis management
services expenses", and "defense expenses";
and
b. "Loss" that is "crisis management services
expenses" if the amount shown for the Crisis
Management Services Expenses For
Pollution Liability Aggregate Limit in the
Travelers ECP Custom Declarations is
more than $250,000;
to which the insurance provided under one or
more of "your ECP coverage forms" applies for
the combined total of all "claims", "emergency
response costs", "on-site pollution clean-up
costs", "defense expenses", "professional
liability loss mitigation expenses", "pollution loss
mitigation expenses", "business interruption
loss" and such "crisis management services
expenses".
3. Subject to Paragraph 2. above, the Emergency
Response Costs Aggregate Limit is the most we
will pay for the sum of all "loss" that is
"emergency response costs", and "defense
expenses":
a. Under Emergency Response Costs in any
Contractors Pollution Liability Coverage;
and
b. Under Asbestos Emergency Response Costs
in any Contractors Asbestos Pollution
Liability Coverage;
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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 for the combined total of all such "loss" and
"defense expenses".
4. Subject to Paragraph 2. above, the On-Site
Pollution Clean-Up Costs Aggregate Limit is the
most we will pay for the sum of all:
a. "Loss" that is "on-site pollution clean-up
costs", and "defense expenses", under
On-Site Pollution Clean-Up Costs; and
b. "Loss" that is "business interruption loss"
under Business Interruption For On-Site
Pollution Clean-Up Costs Losses;
in any Site Pollution Liability Coverage for the
combined total of all such "loss" and "defense
expenses".
The On-Site Pollution Clean-Up Costs
Aggregate Limit is further subject to:
a. Low-Level Radioactivity Pollution
Conditions Aggregate Sublimit for "loss"
that is "on-site pollution clean-up costs",
and "defense expenses", to which the
insurance provided for "low-level
radioactivity pollution conditions" under one
or more of "your ECP coverage forms"
applies; and
b. The Transportation Pollution Conditions Site
Pollution Liability Aggregate Sublimit for
"loss" that is "on-site pollution clean-up
costs", and "defense expenses", to which the
insurance provided for "transportation
pollution conditions" under one or more of
"your ECP coverage forms" applies.
5. Subject to Paragraphs 2. and 4. above, the
Business Interruption For On-Site Pollution
Clean-Up Costs Aggregate Limit is most we will
pay for all "loss" that is "business interruption
loss" under Business Interruption For On-Site
Pollution Clean-Up Costs Losses in any Site
Pollution Liability Coverage for the combined
total of all such "loss".
6. Subject to Paragraph 2. above, if an amount is
shown for any of the following Limits of
Insurance in the Travelers ECP Custom
Declarations, such limit of insurance applies as
described below. If no amount is shown for any
of the following Limits of Insurance in the
Travelers ECP Custom Declarations and
coverage for the "loss" or "defense expenses"
described in such limit of insurance is included in
"your ECP coverage forms", such limit of
insurance does not apply, and the otherwise
applicable aggregate limit of insurance applies to
such coverage.
a. Auto Transportation Pollution Conditions
Contractors Pollution Liability Aggregate
Sublimit. This is the most we will pay for the
sum of all:
(1) "Loss", other than "crisis management
services expenses", and "defense
expenses"; and
(2) "Loss" that is "crisis management
services expenses" if the amount shown
for the Crisis Management Services
Expenses For Pollution Liability
Aggregate Limit in the Travelers ECP
Custom Declarations is more than
$250,000;
to which the insurance provided for "auto
transportation pollution conditions" under
one or more of "your ECP coverage forms"
applies for the combined total of all "claims",
"emergency response costs", "defense
expenses" and such "crisis management
services expenses".
The Auto Transportation Pollution
Conditions Contractors Pollution Liability
Aggregate Sublimit is further subject to:
(1) The Emergency Response Costs
Aggregate Limit for "loss" that is
"emergency response costs", and
"defense expenses", under:
(a) Emergency Response Costs in any
Contractors Pollution Liability
Coverage; or
(b) Asbestos Emergency Response
Costs in any Contractors Asbestos
Pollution Liability Coverage;
(2) The Contractors Asbestos Pollution
Liability Aggregate Limit for "loss" and
"defense expenses" under any
Contractors Asbestos Pollution Liability
Coverage if the "auto transportation
pollution conditions" also are "asbestos
pollution conditions"; and
(3) The Crisis Management Services
Expenses For Pollution Liability
Aggregate Limit for "loss" that is "crisis
management services expenses" under
any Crisis Management Services
Expenses For Pollution Liability
Coverage.
b. Fungi Or Bacteria Conditions Aggregate
Sublimit. This is the most we will pay for the
sum of all:
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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 (1) "Loss", other than "crisis management
services expenses", and "defense
expenses"; and
(2) "Loss" that is "crisis management
services expenses" if the amount shown
for the Crisis Management Services
Expenses For Pollution Liability
Aggregate Limit in the Travelers ECP
Custom Declarations is more than
$250,000;
to which the insurance provided for "fungi or
bacteria conditions" under one or more of
"your ECP coverage forms" applies for the
combined total of all "claims", "emergency
response costs", "defense expenses" and
such "crisis management services expenses".
The Fungi Or Bacteria Conditions Aggregate
Sublimit is further subject to:
(1) The Emergency Response Costs
Aggregate Limit for "loss" that is
"emergency response costs", and
"defense expenses", under Emergency
Response Costs in any Contractors
Pollution Liability Coverage;
(2) The Non-Owned Disposal Site Pollution
Legal Liability Aggregate Limit for "loss"
and "defense expenses" under any
Non-Owned Disposal Site Pollution
Legal Liability Coverage if the "fungi or
bacteria conditions" also are "contractor
waste non-owned disposal site pollution
conditions"; and
(3) The Crisis Management Services
Expenses For Pollution Liability
Aggregate Limit for "loss" that is "crisis
management services expenses" under
any Crisis Management Services
Expenses For Pollution Liability
Coverage.
c. Lead Pollution Conditions Aggregate
Sublimit. This is the most we will pay for the
sum of all:
(1) "Loss", other than "crisis management
services expenses", and "defense
expenses"; and
(2) "Loss" that is "crisis management
services expenses" if the amount shown
for the Crisis Management Services
Expenses For Pollution Liability
Aggregate Limit in the Travelers ECP
Custom Declarations is more than
$250,000;
to which the insurance provided for "lead
pollution conditions" under one or more of
"your ECP coverage forms" applies for the
combined total of all "claims", "emergency
response costs", "defense expenses" and
such "crisis management services expenses".
The Lead Pollution Conditions Aggregate
Sublimit is further subject to:
(1) The Emergency Response Costs
Aggregate Limit for "loss" that is
"emergency response costs", and
"defense expenses", under Emergency
Response Costs in any Contractors
Pollution Liability Coverage;
(2) The Non-Owned Disposal Site Pollution
Legal Liability Aggregate Limit for "loss"
and "defense expenses" under any
Non-Owned Disposal Site Pollution
Legal Liability Coverage if the "lead
pollution conditions" also are
"contractor waste non-owned disposal
site pollution conditions"; and
(3) The Crisis Management Services
Expenses For Pollution Liability
Aggregate Limit for "loss" that is "crisis
management services expenses" under
any Crisis Management Services
Expenses For Pollution Liability
Coverage.
d. Low-Level Radioactivity Pollution
Conditions Aggregate Sublimit. This is the
most we will pay for the sum of all:
(1) "Loss", other than "crisis management
services expenses", and "defense
expenses"; and
(2) "Loss" that is "crisis management
services expenses" if the amount shown
for the Crisis Management Services
Expenses For Pollution Liability
Aggregate Limit in the Travelers ECP
Custom Declarations is more than
$250,000;
to which the insurance provided for
"low-level radioactivity pollution
conditions" under one or more of "your ECP
coverage forms" applies for the combined
total of all "claims", "emergency response
costs", "on-site pollution clean-up costs",
"defense expenses" and such "crisis
management services expenses".
The Low-Level Radioactivity Pollution
Conditions Aggregate Sublimit is further
subject to:
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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 (1) The Emergency Response Costs
Aggregate Limit for "loss" that is
"emergency response costs", and
"defense expenses", under Emergency
Response Costs in any Contractors
Pollution Liability Coverage;
(2) The On-Site Pollution Clean-Up Costs
Aggregate Limit for "loss" that is
"on-site pollution clean-up costs", and
"defense expenses", under On-Site
Pollution Clean-Up Costs in any Site
Pollution Liability Coverage;
(3) The Non-Owned Disposal Site Pollution
Legal Liability Aggregate Limit for "loss"
and "defense expenses" under any
Non-Owned Disposal Site Pollution
Legal Liability Coverage if the "low-level
radioactivity pollution conditions" also
are "non-owned disposal site pollution
conditions"; and
(4) The Crisis Management Services
Expenses For Pollution Liability
Aggregate Limit for "loss" that is "crisis
management services expenses" under
any Crisis Management Services
Expenses For Pollution Liability
Coverage.
e. Silica Pollution Conditions Aggregate
Sublimit. This is the most we will pay for the
sum of all:
(1) "Loss", other than "crisis management
services expenses", and "defense
expenses"; and
(2) "Loss" that is "crisis management
services expenses" if the amount shown
for the Crisis Management Services
Expenses For Pollution Liability
Aggregate Limit in the Travelers ECP
Custom Declarations is more than
$250,000;
to which the insurance provided for "silica
pollution conditions" under one or more of
"your ECP coverage forms" applies for the
combined total of all "claims" and such
"crisis management services expenses".
The Silica Pollution Conditions Aggregate
Sublimit is further subject to:
(1) The Non-Owned Disposal Site Pollution
Legal Liability Aggregate Limit for "loss"
and "defense expenses" under any
Non-Owned Disposal Site Pollution
Legal Liability Coverage if the "silica
pollution conditions" also are
"contractor waste non-owned disposal
site pollution conditions"; and
(2) The Crisis Management Services
Expenses For Pollution Liability
Aggregate Limit for "loss" that is "crisis
management services expenses" under
any Crisis Management Services
Expenses For Pollution Liability
Coverage.
f. Transportation Pollution Conditions Site
Pollution Liability Aggregate Sublimit. This is
the most we will pay for the sum of all:
(1) "Loss", other than "crisis management
services expenses", and "defense
expenses"; and
(2) "Loss" that is "crisis management
services expenses" if the amount shown
for the Crisis Management Services
Expenses For Pollution Liability
Aggregate Limit in the Travelers ECP
Custom Declarations is more than
$250,000;
to which the insurance provided for
"transportation pollution conditions" under
one or more of "your ECP coverage forms"
applies for the combined total of all "claims",
"on-site pollution clean-up costs", "defense
expenses" and such "crisis management
services expenses".
The Transportation Pollution Conditions Site
Pollution Liability Aggregate Sublimit is
further subject to:
(1) The On-Site Pollution Clean-Up Costs
Aggregate Limit for "loss" that is
"on-site pollution clean-up costs", and
"defense expenses", under On-Site
Pollution Clean-Up Costs in any Site
Pollution Liability Coverage; and
(2) The Crisis Management Services
Expenses For Pollution Liability
Aggregate Limit for "loss" that is "crisis
management services expenses" under
any Crisis Management Services
Expenses For Pollution Liability
Coverage.
7. Subject to Paragraph 2. above, the Non-Owned
Disposal Site Pollution Legal Liability Aggregate
Limit is the most we will pay for the sum of all
"loss" and "defense expenses" to which the
insurance provided for "non-owned disposal site
pollution conditions" under any Non-Owned
Disposal Site Pollution Legal Liability Coverage
applies for the combined total of all "claims".
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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 The Non-Owned Disposal Site Pollution Legal
Liability Aggregate Limit is further subject to:
a. The Fungi Or Bacteria Conditions Aggregate
Sublimit if the "non-owned disposal site
pollution conditions" are "contractor waste
non-owned disposal site pollution
conditions" and also are "fungi or bacteria
conditions";
b. The Lead Pollution Conditions Aggregate
Sublimit if the "non-owned disposal site
pollution conditions" are "contractor waste
non-owned disposal site pollution
conditions" and also are "lead pollution
conditions";
c. The Low-Level Radioactivity Pollution
Conditions Aggregate Sublimit if the
"non-owned disposal site pollution
conditions" also are "low-level radioactivity
pollution conditions";
d. The Silica Pollution Conditions Aggregate
Sublimit if the "non-owned disposal site
pollution conditions" are "contractor waste
non-owned disposal site pollution
conditions" and also are "silica pollution
conditions"; and
e. The Contractors Asbestos Pollution Liability
Aggregate Limit if the "non-owned disposal
site pollution conditions" are "contractor
waste non-owned disposal site pollution
conditions" and also are "asbestos pollution
conditions".
8. Subject to Paragraph 2. above, the Contractors
Asbestos Pollution Liability Aggregate Limit is
the most we will pay for the sum of all "loss" and
"defense expenses" to which the insurance
provided for "asbestos pollution conditions"
under any Contractors Asbestos Pollution
Liability Coverage applies for the combined total
of all "claims", "emergency response costs" and
"defense expenses".
The Contractors Asbestos Pollution Liability
Aggregate Limit is further subject to:
a. The Emergency Response Costs Aggregate
Limit for "loss" that is "emergency response
costs", and "defense expenses", under
Asbestos Emergency Response Costs in any
Contractors Asbestos Pollution Liability
Coverage; and
b. The Auto Transportation Pollution
Conditions Contractors Pollution Liability
Aggregate Sublimit if the "asbestos
pollution conditions" also are "auto
transportation pollution conditions".
9. Subject to Paragraph 2. above, the Contractors
Professional Liability Loss Mitigation Expenses
Aggregate Limit is the most we will pay for the
sum of all "loss" under any Contractors
Professional Liability Loss Mitigation Expenses
Coverage for the combined total of all such
"loss".
10. Subject to Paragraph 2. above, the Contractors
Pollution Loss Mitigation Expenses Aggregate
Limit is the most we will pay for the sum of all
"loss" under any Contractors Pollution Loss
Mitigation Expenses Coverage for the combined
total of all such "loss".
11. Subject to Paragraph 2. above, the Contractors
Indemnity For Design Professional's Liability
Aggregate Limit is the most we will pay for the
sum of all "loss" under any Contractors
Indemnity For Design Professional's Liability
Coverage for the combined total of all such
"loss".
12. Subject to Paragraph 2. above, the Contractors
Indemnity For Subcontractor's Pollution Liability
Aggregate Limit is the most we will pay for the
sum of all "loss" under any Contractors
Indemnity For Subcontractor's Pollution Liability
Coverage for the combined total of all such
"loss".
13. The Crisis Management Services Expenses For
Pollution Liability Aggregate Limit is the most
we will pay for all "loss" under any Crisis
Management Services Expenses For Pollution
Liability Coverage for the combined total of all
such "loss". If the amount shown for the Crisis
Management Services Expenses For Pollution
Liability Aggregate Limit in the Travelers ECP
Custom Declarations is more than $250,000,
the Crisis Management Services Expenses For
Pollution Liability Aggregate Limit is subject to
Paragraph 2. above.
14. Subject to Paragraph 2. above, the Each Act,
Error Or Omission Limit is the most we will pay
for the sum of all:
a. "Loss" and "defense expenses" under any
Contractors Professional Liability Coverage;
b. "Loss" under any Contractors Professional
Liability Loss Mitigation Expenses Coverage;
and
c. "Loss" under any Contractors Indemnity For
Design Professional's Liability Coverage;
arising out of the same act, error or omission or
"related" acts, errors or omissions.
RP 10 00 11 21 © 2021 The Travelers Indemnity Company. All rights reserved. Page 11 of 37
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 The Each Act, Error Or Omission Limit is further
subject to:
a. The Contractors Professional Liability Loss
Mitigation Expenses Aggregate Limit for
"loss" under any Contractors Professional
Liability Loss Mitigation Expenses Coverage;
and
b. The Contractors Indemnity For Design
Professional's Liability Aggregate Limit for
"loss" under any Contractors Indemnity For
Design Professional's Liability Coverage.
15. Subject to Paragraph 2. above, the Each
Pollution Condition Limit is the most we will pay
for the sum of all:
a. "Loss" and "defense expenses" under any
"Pollution Liability Coverage";
b. "Loss" under any Crisis Management
Services Expenses For Pollution Liability
Coverage if the amount shown for the Crisis
Management Services Expenses For
Pollution Liability Aggregate Limit in the
Travelers ECP Custom Declarations is
more than $250,000;
c. "Loss" under any Contractors Indemnity For
Subcontractor's Pollution Liability Coverage;
arising out the same or "related" "pollution
conditions".
The Each Pollution Condition Limit is further
subject to Paragraphs 3., 4., 5., 6., 7. 8., 10.,
12. and 13. above for "loss" and "defense
expenses" to which any limit described in any of
such paragraphs applies.
SECTION III - DEDUCTIBLES
1. The deductibles shown in the Travelers ECP
Custom Declarations and the rules below fix the
amount of "loss" and "defense expenses" to
which the insurance provided under one or more
liability coverages in "your ECP coverage forms"
applies that are incurred by or on behalf of the
"insured" and that you must pay regardless of
the number of:
a. "Insureds";
b. "Claims" made;
c. Persons or organizations making "claims";
d. "Emergency response costs" losses incurred
under any Contractors Pollution Liability
Coverage and any Contractors Asbestos
Pollution Liability Coverage;
e. "Covered operations" under any Contractors
Pollution Liability Coverage, any
Non-Owned Disposal Site Pollution Legal
Liability Coverage, any Contractors
Asbestos Pollution Liability Coverage and
any Contractors Indemnity For
Subcontractor's Pollution Liability Coverage;
f. "On-site pollution clean-up costs" losses
incurred under any Site Pollution Liability
Coverage; or
g. "Covered locations" under any Site Pollution
Liability Coverage and any Non-Owned
Disposal Site Pollution Legal Liability
Coverage.
2. The Each Act, Error Or Omission Deductible
applies to all "loss" and "defense expenses"
under any Contractors Professional Liability
Coverage arising out of the same act, error or
omission or "related" acts, errors or omissions.
However, we will reduce the Each Act, Error Or
Omission Deductible by 50%, up to a maximum
reduction of $25,000, if all "claims" subject to
the Each Act, Error Or Omission Deductible are
settled during an "agreed mediation".
3. The Each Pollution Condition Deductible applies
to all "loss" and "defense expenses" under any
"Pollution Liability Coverage" arising out of the
same or "related" "pollution conditions".
However, we will reduce the Each Pollution
Condition Deductible by 50%, up to a maximum
reduction of $25,000, if all "claims" subject to
the Each Pollution Condition Deductible are
settled during an "agreed mediation".
4. If the:
a. Each Act, Error Or Omission Deductible; and
b. Each Pollution Condition Deductible;
both apply to the same "claim", the most you will
be responsible for paying for "loss" and "defense
expenses" within those deductibles is the
amount of the Each Act, Error Or Omission
Deductible or the Each Pollution Condition
Deductible, whichever is more.
5. If an amount is shown for the Total Original
Deductible in the Travelers ECP Custom
Declarations, the Total Original Deductible is the
most that you will be responsible for paying for
the combined total of all applicable Each Act,
Error Or Omission Deductibles and Each
Pollution Condition Deductibles. If no amount is
shown for the Total Original Deductible in the
Travelers ECP Custom Declarations, the Total
Original Deductible does not apply, and you will
be responsible for paying all applicable Each Act,
RP 10 00 11 21 © 2021 The Travelers Indemnity Company. All rights reserved. Page 12 of 37
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Error Or Omission Deductibles and Each
Pollution Condition Deductibles without further
limitation, regardless of how often they apply.
If the Total Original Deductible has been used up,
the Each Act, Error Or Omission Maintenance
Deductible applies to all "loss" and "defense
expenses" under any Contractors Professional
Liability Coverage arising out of the same act,
error or omission or "related" acts, errors or
omissions.
However, if you paid any part of the Each Act,
Error Or Omission Deductible for any of such
"loss" or "defense expenses" before the Total
Original Deductible was used up, we will reduce
the applicable Each Act, Error Or Omission
Maintenance Deductible by the amount of such
payment. In addition, we will reduce the Each
Act, Error Or Omission Maintenance Deductible
by 50%, up to a maximum reduction of
$25,000, if all "claims" subject to the Each Act,
Error Or Omission Maintenance Deductible are
settled during an "agreed mediation".
If the Total Original Deductible has been used up,
the Each Pollution Condition Maintenance
Deductible applies to all "loss" and "defense
expenses" under any "Pollution Liability
Coverage" arising out of the same or "related"
"pollution conditions".
However, if you paid any part of the Each
Pollution Condition Deductible for any of such
"loss" or "defense expenses" before the Total
Original Deductible was used up, we will reduce
the applicable Each Pollution Condition
Maintenance Deductible by the amount of such
payment. In addition, we will reduce the Each
Pollution Condition Maintenance Deductible by
50%, up to a maximum reduction of $25,000, if
all "claims" subject to the Each Pollution
Condition Maintenance Deductible are settled
during an "agreed mediation".
5. The applicable limits of insurance will not be
reduced by the amount of any "loss" or "defense
expenses" within any deductible amount.
6. The provisions of this policy, including those
provisions with respect to:
a. Our right and duty to defend "claims"; and
b. Any "insured's" duties in the event of an act,
error, omission, "pollution conditions" or a
"claim";
apply irrespective of the application of any
deductible amount.
7. If we pay any "loss" or "defense expenses" that
are subject to a deductible, you agree to
promptly reimburse us for any deductible
amount we have paid.
8. If you fail to reimburse us for any deductible
amount and we are awarded that deductible
amount, or any part of that amount, in any legal
proceeding against you, you agree to reimburse
us for the following, in addition to that
deductible amount, as incurred:
a. "Deductible recovery expenses"; and
b. Interest, from the date of our notice of
payment to you, on the deductible amount
awarded to us.
SECTION IV - CO-INSURANCE PERCENTAGE
FOR BUSINESS INTERRUPTION COVERAGE
FOR ON-SITE POLLUTION CLEAN-UP COSTS
LOSSES
If an amount is shown for the Business Interruption
For On-Site Pollution Clean-Up Costs Aggregate
Limit in the Travelers ECP Custom Declarations,
the following co-insurance percentage applies to
"loss" that is "business interruption loss" under
Business Interruption For On-Site Pollution
Clean-Up Costs Losses in the Site Pollution Liability
Coverage in "your ECP coverage forms" as described
below:
1. The Co-Insurance Percentage For Business
Interruption Coverage For On-Site Pollution
Clean-Up Costs Losses shown in the Travelers
ECP Custom Declarations and the rules below
fix the percentage of "loss" that is "business
interruption loss" under Business Interruption
For On-Site Pollution Clean-Up Costs Losses for
which you will be financially responsible.
2. You will be financially responsible for the
Co-Insurance Percentage For Business
Interruption Coverage For On-Site Pollution
Clean-Up Costs Losses for all "loss" that is
"business interruption loss" under Business
Interruption For On-Site Pollution Clean-Up
Costs Losses arising out of the same "pollution
conditions" or "related" "pollution conditions".
The applicable limits of insurance will not be
reduced by the amount of "loss" that is
"business interruption loss" within the
Co-Insurance Percentage For Business
Interruption Coverage For On-Site Pollution
Clean-Up Costs Losses.
If no amount is shown for the Co-Insurance
Percentage For Business Interruption Coverage
For On-Site Pollution Clean-Up Costs Losses in
the Travelers ECP Custom Declarations, the
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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Co-Insurance Percentage For Business
Interruption Coverage For On-Site Pollution
Clean-Up Costs Losses will be 10%.
3. If you are unable to be financially responsible for
"business interruption loss" within the
Co-Insurance Percentage For Business
Interruption Coverage For On-Site Pollution
Clean-Up Costs Losses because of:
a. Your insolvency or bankruptcy; or
b. Any other reason;
Business Interruption Coverage For On-Site
Pollution Clean-Up Costs Losses will only apply
to amounts that are not within the Co-Insurance
Percentage For Business Interruption Coverage
For On-Site Pollution Clean-Up Costs Losses.
SECTION V - SELF-INSURED RETENTION AND
CO-INSURANCE PERCENTAGE FOR
CONTRACTORS PROFESSIONAL LIABILITY
OR CONTRACTORS POLLUTION LOSS
MITIGATION EXPENSES COVERAGE
1. If an amount is shown for:
a. The Contractors Professional Liability Loss
Mitigation Expenses Aggregate Limit in the
Travelers ECP Custom Declarations, the
self-insured retention described in
Paragraphs 2. and 3. below applies; and
b. The Co-Insurance Percentage For
Contractors Professional Liability Loss
Mitigation Expenses Coverage in the
Travelers ECP Custom Declarations, the
co-insurance percentage described in
Paragraphs 2. and 3. below applies;
to "loss" that is "professional liability loss
mitigation expenses" under Contractors
Professional Liability Loss Mitigation Expenses
Coverage.
2. The Self-Insured Retention For Contractors
Professional Liability Loss Mitigation Expenses
Coverage and the Co-Insurance Percentage For
Contractors Professional Liability Loss
Mitigation Expenses Coverage shown in the
Travelers ECP Custom Declarations and the
rules below fix the amount of "loss" that is
"professional liability loss mitigation expenses"
under Contractors Professional Liability Loss
Mitigation Expenses Coverage for which you will
be financially responsible.
3. You will be financially responsible for:
a. The amount within the Self-Insured
Retention For Contractors Professional
Liability Loss Mitigation Expenses Coverage;
and
b. The Co-Insurance Percentage For
Contractors Professional Liability Loss
Mitigation Expenses Coverage;
for all "loss" that is "professional liability loss
mitigation expenses" under Contractors
Professional Liability Loss Mitigation Expenses
Coverage arising out of the same act, error or
omission or "related" acts, errors or omissions.
You will be financially responsible for the
Co-Insurance Percentage For Contractors
Professional Liability Loss Mitigation Expenses
Coverage in addition to the Self-Insured
Retention For Contractors Professional Liability
Loss Mitigation Expenses Coverage. The amount
you will be financially responsible for within the
Co-Insurance Percentage For Contractors
Professional Liability Loss Mitigation Expenses
Coverage will be determined based on the
amount of all "professional liability loss
mitigation expenses" covered under Contractors
Professional Liability Loss Mitigation Expenses
Coverage that remains after the Self-Insured
Retention For Contractors Professional Liability
Loss Mitigation Expenses Coverage has been
applied.
4. If an amount is shown for:
a. The Contractors Pollution Loss Mitigation
Expenses Aggregate Limit in the Travelers
ECP Custom Declarations, the self-insured
retention described in Paragraphs 5. and 6.
below applies; and
b. The Co-Insurance Percentage For
Contractors Pollution Loss Mitigation
Expenses Coverage in the Travelers ECP
Custom Declarations, the co-insurance
percentage described in Paragraphs 5. and
6. below applies;
to "loss" that is "pollution loss mitigation
expenses" under Contractors Pollution Loss
Mitigation Expenses Coverage.
5. The Self-Insured Retention For Contractors
Pollution Loss Mitigation Expenses Coverage
and the Co-Insurance Percentage For
Contractors Pollution Loss Mitigation Expenses
Coverage shown in the Travelers ECP Custom
Declarations and the rules below fix the amount
of "loss" that is "pollution loss mitigation
expenses" under Contractors Pollution Loss
Mitigation Expenses Coverage for which you will
be financially responsible.
6. You will be financially responsible for:
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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 a. The amount within the Self-Insured
Retention For Contractors Pollution Loss
Mitigation Expenses Coverage; and
b. The Co-Insurance Percentage For
Contractors Pollution Loss Mitigation
Expenses Coverage;
for all "loss" that is "pollution loss mitigation
expenses" under Contractors Pollution Loss
Mitigation Expenses arising out of the "faulty
work incident" or "related" "faulty work
incidents". You will be financially responsible for
the Co-Insurance Percentage For Contractors
Pollution Loss Mitigation Expenses Coverage in
addition to the Self-Insured Retention For
Contractors Pollution Loss Mitigation Expenses
Coverage. The amount you will be financially
responsible for within the Co-Insurance
Percentage For Contractors Pollution Loss
Mitigation Expenses Coverage will be
determined based on the amount of all
"pollution loss mitigation expenses" covered
under Contractors Pollution Loss Mitigation
Expenses Coverage that remains after the
Self-Insured Retention For Contractors
Pollution Loss Mitigation Expenses Coverage has
been applied.
7. The applicable limits of insurance will not be
reduced by the amount of:
a. "Loss" that is "professional liability loss
mitigation expenses" within:
(1) The Self-Insured Retention For
Contractors Professional Liability Loss
Mitigation Expenses Coverage; or
(2) Any Co-Insurance Percentage For
Contractors Professional Liability Loss
Mitigation Expenses Coverage; or
b. "Loss" that is "pollution loss mitigation
expenses" within:
(1) The Self-Insured Retention For
Contractors Pollution Loss Mitigation
Expenses Coverage; or
(2) Any Co-Insurance Percentage For
Contractors Pollution Loss Mitigation
Expenses Coverage.
8. If, because of:
a. Your insolvency or bankruptcy; or
b. Any other reason;
you are unable to be financially responsible for:
a. "Professional liability loss mitigation
expenses" within:
(1) The Self-Insured Retention For
Contractors Professional Liability Loss
Mitigation Expenses Coverage; or
(2) Any Co-Insurance Percentage For
Contractors Professional Liability Loss
Mitigation Expenses Coverage;
Contractors Professional Liability Loss
Mitigation Expenses Coverage will only apply
to amounts that are in excess of the
Self-Insured Retention For Contractors
Professional Liability Loss Mitigation
Expenses Coverage and that are not within
any Co-Insurance Percentage For
Contractors Professional Liability Loss
Mitigation Coverage; or
b. "Pollution loss mitigation expenses" within:
(1) The Self-Insured Retention For
Contractors Pollution Loss Mitigation
Expenses Coverage; or
(2) Any Co-Insurance Percentage For
Contractors Pollution Loss Mitigation
Expenses Coverage;
Contractors Pollution Loss Mitigation
Expenses Coverage will only apply to
amounts that are in excess of the
Self-Insured Retention For Contractors
Pollution Loss Mitigation Expenses Coverage
and that are not within any Co-Insurance
Percentage For Contractors Pollution Loss
Mitigation Expenses Coverage.
SECTION VI - SELF-INSURED RETENTION
FOR CONTRACTORS INDEMNITY FOR
DESIGN PROFESSIONAL'S LIABILITY
COVERAGE
If an amount is shown for the Contractors Indemnity
For Design Professional's Liability Aggregate Limit in
the Travelers ECP Custom Declarations, the
following self-insured retention applies to "loss"
under Contractors Indemnity For Design
Professional's Liability Coverage as described below:
1. This section applies only if:
a. No "design professional's insurance" applies
to the "loss";
b. "Design professional's insurance" applies to
the "loss", but the full payment of the
applicable amount of the "design
professional's insurance" is less than the
Self-Insured Retention For Contractors
Indemnity For Design Professional's Liability
Coverage shown in the Travelers ECP
Custom Declarations; or
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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 c. "Design professional's insurance" applies to
the "loss", the full payment of the applicable
amount of the "design professional's
insurance" is not less than the Self-Insured
Retention For Contractors Indemnity For
Design Professional's Liability Coverage
shown in the Travelers ECP Custom
Declarations and we indemnify you for "loss"
that you would have been legally entitled to
recover from the "design professional" if
such "loss" did not exceed an "authorized
agreed limitation of liability".
"Design professional's insurance" will be deemed
to apply to the "loss", and the full amount of
such insurance will be deemed to be the
applicable amount, unless:
a. We provide our written agreement that no
"design professional's insurance", or that a
lesser amount of such insurance, applies to
the "loss"; or
b. In a legal proceeding in which the "design
professional" adequately sought coverage
for the "loss" under all potentially applicable
"design professional's insurance", it is
adjudicated that no such insurance, or that a
lesser amount of such insurance, applies to
the "loss".
2. The Self-Insured Retention For Contractors
Indemnity For Design Professional's Liability
Coverage shown in the Travelers ECP Custom
Declarations and the rules below fix the amount
of "loss" under Contractors Indemnity For
Design Professional's Liability Coverage for
which you will be financially responsible.
If "design professional's insurance" applies to
the "loss", the full payment of the applicable
amount of the "design professional's insurance"
can apply toward the payment of the
Self-Insured Retention For Contractors
Indemnity For Design Professional's Liability
Coverage.
The Self-Insured Retention For Contractors
Indemnity For Design Professional's Liability
Coverage cannot be paid by amounts other than
"loss" that would have been covered by
Contractors Indemnity For Design Professional's
Liability Coverage in the absence of that
self-insured retention.
3. You will be financially responsible for the
amount within the Self-Insured Retention For
Contractors Indemnity For Design Professional's
Liability Coverage for all "loss" under
Contractors Indemnity For Design Professional's
Liability Coverage arising out of the same act,
error or omission, or "related" acts, errors or
omissions, by or on behalf of the same "design
professional".
4. If you are unable to be financially responsible for
"loss" within the Self-Insured Retention For
Contractors Indemnity For Design Professional's
Liability Coverage because of:
a. Your insolvency or bankruptcy; or
b. Any other reason;
Contractors Indemnity For Design Professional's
Liability Coverage will only apply to amounts
that are in excess of the Self-Insured Retention
For Contractors Indemnity For Design
Professional's Liability Coverage.
SECTION VII - SELF-INSURED RETENTION
FOR CONTRACTORS INDEMNITY FOR
SUBCONTRACTOR'S POLLUTION LIABILITY
COVERAGE
If an amount is shown for the Contractors Indemnity
For Subcontractor's Pollution Liability Aggregate
Limit in the Travelers ECP Custom Declarations,
the following self-insured retention applies to "loss"
under Contractors Indemnity For Subcontractor's
Pollution Liability Coverage as described below:
1. This section applies only if:
a. No "specified subcontractor's insurance"
applies to the "loss";
b. "Specified subcontractor's insurance"
applies to the "loss", but the full payment of
the applicable amount of the "specified
subcontractor's insurance" is less than the
Self-Insured Retention For Contractors
Indemnity For Subcontractor's Pollution
Liability Coverage shown in the Travelers
ECP Custom Declarations; or
c. "Specified subcontractor's insurance"
applies to the "loss", the full payment of the
applicable amount of the "specified
subcontractor's insurance" is not less than
the Self-Insured Retention For Contractors
Indemnity For Subcontractor's Pollution
Liability Coverage shown in the Travelers
ECP Custom Declarations and we
indemnify you for "loss" that you would have
been legally entitled to recover from the
"specified subcontractor" if such "loss" did
not exceed an "authorized agreed limitation
of liability".
"Specified subcontractor's insurance" will be
deemed to apply to the "loss", and the full
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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 amount of such insurance will be deemed to be
the applicable amount, unless:
a. We provide our written agreement that no
"specified subcontractor's insurance", or
that a lesser amount of such insurance,
applies to the "loss"; or
b. In a legal proceeding in which the "specified
subcontractor" adequately sought coverage
for the "loss" under all potentially applicable
"specified subcontractor's insurance", it is
adjudicated that no such insurance, or that a
lesser amount of such insurance, applies to
the "loss".
2. The Self-Insured Retention For Contractors
Indemnity For Subcontractor's Pollution Liability
Coverage shown in the Travelers ECP Custom
Declarations and the rules below fix the amount
of "loss" under Contractors Indemnity For
Subcontractor's Pollution Liability Coverage for
which you will be financially responsible.
If "specified subcontractor's insurance" applies
to the "loss", the full payment of the applicable
amount of the "specified subcontractor's
insurance" can apply toward the payment of the
Self-Insured Retention For Contractors
Indemnity For Subcontractor's Pollution Liability
Coverage.
The Self-Insured Retention For Contractors
Indemnity For Subcontractor's Pollution Liability
Coverage cannot be paid by amounts other than
"loss" that would have been covered by
Contractors Indemnity For Subcontractor's
Pollution Liability Coverage in the absence of
that self-insured retention.
3. You will be financially responsible for the
amount within the Self-Insured Retention For
Contractors Indemnity For Subcontractor's
Pollution Liability Coverage for all "loss" under
Contractors Indemnity For Subcontractor's
Pollution Liability Coverage arising out of the
same or "related" "pollution conditions".
4. If you are unable to be financially responsible for
"loss" within the Self-Insured Retention For
Contractors Indemnity For Subcontractor's
Pollution Liability Coverage because of:
a. Your insolvency or bankruptcy; or
b. Any other reason;
Contractors Indemnity For Subcontractor's
Pollution Liability Coverage will only apply to
amounts that are in excess of the Self-Insured
Retention For Contractors Indemnity For
Subcontractor's Pollution Liability Coverage.
SECTION VIII - CONDITIONS
The following conditions apply to all of "your ECP
coverage forms" and are in addition to the
conditions contained in each such coverage form.
1. Bankruptcy
Bankruptcy or insolvency of:
a. The "insured" or of the "insured's" estate;
b. The "design professional" under any
Contractors Indemnity For Design
Professional's Liability Coverage; or
c. The "specified subcontractor" under any
Contractors Indemnity For Subcontractor's
Pollution Liability Coverage;
will not relieve us of our obligations under this
policy. However, this provision does not delete
or amend any Bankruptcy Or Insolvency
exclusion in this policy.
2. Cancellation
a. The "First Named Insured" may cancel this
policy by mailing or delivering in advance to
us written notice of cancellation stating the
effective date of the cancellation.
b. We may cancel this policy by mailing or
delivering to the "First Named Insured"
written notice of cancellation at least:
(1) 10 days before the effective date of
cancellation if the cancellation is for
nonpayment of premium; or
(2) 30 days before the effective date of
cancellation if the cancellation is for any
other reason.
c. We will mail or deliver our notice of
cancellation to the "First Named Insured's"
last mailing address known to us.
d. Our notice of cancellation will state the
effective date of the cancellation, which will
become the end of the "policy period".
e. If this policy is cancelled, we will send the
"First Named Insured" any premium refund
due. If we cancel this policy, the refund will
be pro rata. If the "First Named Insured"
cancels this policy, the refund may be less
than pro rata. The refund will be made by us
as soon as practicable. However, the
cancellation will be effective even if we have
not made or offered the refund.
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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 f. If notice of cancellation is mailed, proof of
mailing will be sufficient proof of notice.
3. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.
Only the "First Named Insured" may request
changes to this policy. This policy can be
amended only with our consent and only by
endorsement issued by us as part of this policy.
4. Examination Of Books And Records
We may examine and audit your books and
records that relate to the subject matter of this
insurance at any time:
a. During the "policy period"; or
b. Up to three years after the end of the "policy
period".
5. Inspections And Surveys
a. We have the right to:
(1) Make inspections and surveys and
interview "employees" of any "insured"
at any time;
(2) Provide reports to you on the conditions
found; and
(3) Recommend changes.
b. We are not obligated to make any
inspections, surveys, reports or
recommendations, and any such actions
taken relate only to insurability and the
premiums charged. We do not make safety
inspections or undertake to perform the
duty of any person or organization to
provide for the health or safety of workers or
the public. And we do not warrant that
conditions, property or operations:
(1) Are safe or healthful; or
(2) Comply with laws, regulations, codes or
standards.
c. You agree to provide us with:
(1) Access to:
(a) The locations where "covered
operations" are being or have been
performed under any Contractors
Pollution Liability Coverage, any
Contractors Asbestos Pollution
Liability Coverage and any
Non-Owned Disposal Site Pollution
Legal Liability Coverage;
(b) The locations where "your
contractor professional services" are
being or have been performed under
any Contractors Professional
Liability Coverage; or
(c) Any "covered location" under any
Site Pollution Liability Coverage and
any Non-Owned Disposal Site
Pollution Legal Liability Coverage;
(2) Records pertaining to:
(a) The "covered operations" under any
Contractors Pollution Liability
Coverage, any Contractors
Asbestos Pollution Liability
Coverage and any Non-Owned
Disposal Site Pollution Legal Liability
Coverage;
(b) "Your contractor professional
services" under any Contractors
Professional Liability Coverage; or
(c) Any "covered location" under any
Site Pollution Liability Coverage and
any Non-Owned Disposal Site
Pollution Legal Liability Coverage;
and
(3) Access to employees and other
appropriate personnel or
representatives, that are necessary for
us to conduct such inspections and
surveys.
d. Paragraphs a. and b. above apply to us and
any rating, advisory, rate service, technical
consulting or similar organization which
makes insurance inspections, surveys,
reports or recommendations.
6. International Condition - Currency
a. Payments for premiums and deductible
amounts made to us will be in the currency
of the United States of America unless we
agree that these payments may be made in a
different currency.
b. Payments for "loss" and "defense
expenses", or any payments we make under
any Supplemental Coverages Endorsement
issued by us as part of this policy, will be in
the currency of the United States of
America. At our sole option, we may make
these payments in a different currency. Any
necessary currency conversion for such
payments will be calculated based on the
rate of exchange published in the Wall
Street Journal immediately preceding the
date the payment is processed.
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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
7. Legal Action Against Us
No person or organization has a right under this
policy:
a. To join us as a party or otherwise bring us
into a legal action asking for "loss" against
any "insured";
b. To bring a legal action against us under this
policy unless all terms of this policy have
been fully complied with; or
c. To bring a legal action against us to recover
"loss" unless your obligation to pay such
"loss" has been fully determined either by a
final judgment or arbitration award or by
written agreement you, us and the claimant,
but we will not be liable for any "loss" that is
not payable under the terms of this policy or
that is in excess of the applicable limit of
insurance.
Under any Contractors Indemnity For Design
Professional's Liability Coverage:
a. No one, other than you, can sue us to
recover "loss" under Contractors Indemnity
For Design Professional's Liability Coverage;
and
b. You cannot sue us to recover such "loss"
until the "design professional's" obligation
to pay such "loss" has been fully
determined either by a final judgment or
arbitration award or by written agreement of
us, you and the "design professional", but we
will not be liable for any "loss" that is not
payable under the terms of this policy or
that is in excess of the applicable limit of
insurance.
Under any Contractors Indemnity For
Subcontractor's Pollution Liability Coverage:
a. No one, other than you, can sue us to
recover "loss" under Contractors Indemnity
For Subcontractor's Pollution Liability
Coverage; and
b. You cannot sue us to recover such "loss"
until the "specified subcontractor's"
obligation to pay such "loss" has been fully
determined either by a final judgment or
arbitration award or by written agreement of
us, you and the "specified subcontractor",
but we will not be liable for any "loss" that is
not payable under the terms of this policy or
that is in excess of the applicable limit of
insurance.
8. Premiums
a. The "First Named Insured":
(1) Is responsible for the payment of all
premiums; and
(2) Will be the payee for any return
premiums we pay.
b. The premium shown in the Travelers ECP
Custom Declarations may be an advance
premium. If it is an advance premium, this
policy will contain an endorsement that
shows when and how we will compute the
earned premium.
If the earned premium is greater than the
advance premium, we will send a bill 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
earned premium is less than the advance
premium, we will return the excess to the
"First Named Insured". However, if the
earned premium is less than any minimum
premium we charged, the premium for this
policy will never be less than such minimum
premium.
c. If the premium is an advance premium, the
"First Named Insured" must keep records of
the information we need for premium
computation and must send us copies of
those records at such times as we may
request.
9. Prohibited Coverage - Trade Or Economic
Sanctions
We will provide coverage for any "loss", or
otherwise will provide any benefit, only to the
extent that providing such coverage or benefit
does not expose us or any of our affiliated or
parent companies to:
a. Any trade or economic sanction under any
law or regulation of the United States of
America; or
b. Any other applicable trade or economic
sanction, prohibition or restriction.
10. Prohibited Coverage - Unlicensed
Insurance
a. With respect to "loss" sustained by any
"insured" located in a country or jurisdiction
in which we are not licensed to provide this
insurance, this insurance does not apply to
the extent that insuring such "loss" would
violate the laws or regulations of such
country or jurisdiction.
b. We do not assume responsibility for:
(1) The payment of any fine, fee, penalty or
other charge that may be imposed on
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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 any person or organization in any
country or jurisdiction because we are
not licensed to provide insurance in such
country or jurisdiction; or
(2) The furnishing of certificates or other
evidence of insurance in any country or
jurisdiction in which we are not licensed
to provide insurance.
11. Representations
By accepting this policy, you agree that:
a. All statements in the Travelers ECP
Custom Declarations are accurate and
complete;
b. All such statements are based upon
representations made by the "First Named
Insured";
c. All statements and representations made in
the application for this policy, including all
information provided with the application
for this policy, are accurate and complete;
and
d. We have issued this policy in reliance upon
all such statements and representations.
12. Service Of Suit
In the event that we fail to pay any amount
claimed to be due under this policy and the
"insured" sues us to recover such amount we
shall honor the decision of the court that is
authorized to hear the case.
However, we have the right to appeal that
decision.
Service of process for any such lawsuit brought
against us may be made upon us by serving our
President, or our President's designee, at One
Tower Square, Hartford, Connecticut 06183, and
such person shall be authorized to receive the
papers on our behalf.
However, the "insured" may also serve or send
papers involving such lawsuit to the
Commissioner, Director or Superintendent of
Insurance for the state in which the lawsuit is
being filed. We designate that appropriate
officer, or that person's successor, to mail a copy
of the papers to us.
For the State of California, service of process for
any such lawsuit brought against us may be
made upon:
CSC-Lawyers Incorporating Service
2730 Gateway Oaks Drive, Suite 100
Sacramento, California 95833.
For the State of Rhode Island, service of process
for any such lawsuit brought against us may be
made upon:
Corporation Service Company
222 Jefferson Blvd., Suite 200
Warwick, Rhode Island 02888.
13. Separation Of Insureds
Except with respect to the limits of insurance,
and any rights or duties specifically assigned in
this policy 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 a
"claim" is made.
14. Transfer Of Control Of Defense
If the available limits of insurance are used up,
we will notify the "First Named Insured" in
writing of all outstanding "claims" so that you
can arrange to take control of the defense.
Before the available limits of insurance are used
up, you may take over control of the defense of
any outstanding "claim" only if we agree that you
may take over such defense.
We will take whatever steps are necessary
during a transfer of control of defense of an
outstanding "claim" to continue that defense
and avoid a default judgment during such
transfer. You agree to repay the reasonable
expenses we incur for any such steps taken after
the available limit of insurance is used up. When
we take such steps, you agree that we do not
give up any rights.
15. Transfer Or Assignment Of This Policy
This policy may not be transferred or assigned,
except with our written consent, or in the case of
death of a "named insured" that is an individual.
If such "named insured" dies, that "named
Insured's" rights and duties will be transferred to
that "named insured's" legal representative but
only while acting within the scope of duties as
such legal representative. Until such legal
representative is appointed, anyone having
proper temporary custody of such "named
insured's" property will have such "named
insured's" rights and duties but only with respect
to that property.
16. Transfer Of Rights Of Recovery Against
Others To Us
If the "insured" has rights to recover from others
all or part of any payment we have made under
this policy, those rights are transferred to us.
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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 The "insured" must do nothing after the loss to
impair them, and under any Contractors
Indemnity For Design Professional's Liability
Coverage and any Contractors Indemnity For
Subcontractor's Pollution Liability Coverage, no
"named insured" can agree in a contract or
agreement to:
a. Waive any "named insured's" right of
recovery against any "design professional"
or "specified subcontractor"; or
b. Limit the liability of the "design professional"
or "specified subcontractor" to a maximum
amount unless such limitation is an
"authorized agreed limitation of liability".
At our request, the "insured" will bring suit or
initiate an alternative dispute resolution
proceeding to enforce those rights or will help us
enforce them.
We will apply any amounts recovered in
enforcing those rights of recovery in the
following order until the total amount recovered
is used up:
a. We will reimburse any person or
organization, including us or the "insured",
any amount that person or organization has
paid in excess of the limits of insurance.
b. We will retain an amount equal to the
amount we have paid under this policy.
c. We will pay to the "insured" any remaining
portion, including any amounts within any
applicable deductible or self-insured
retention.
If any amounts are recovered in enforcing those
rights of recovery, reasonable expenses incurred
in enforcing such rights will be shared among all
persons or organizations receiving amounts
recovered. Each such person's or organization's
share of those expenses is based on the ratio of
its amount recovered to the total amounts
recovered by all such persons or organizations in
enforcing such rights.
If the "insured" has agreed in a contract or
agreement to waive that "insured's" right of
recovery against any person or organization, we
waive our right of recovery against such person
or organization, but only for payments we make
for:
a. "Loss" to which any of the following applies
caused by an act, error or omission
committed subsequent to the execution of
the contract or agreement:
(1) Any Contractors Professional Liability
Coverage; or
(2) Any Contractors Professional Liability
Loss Mitigation Expenses Coverage;
b. "Loss" to which any "Pollution Liability
Coverage" applies resulting from "pollution
conditions" that commence subsequent to
the execution of the contract or agreement;
or
c. "Loss" to which any Contractors Pollution
Loss Mitigation Expenses Coverage applies
resulting from "faulty work incidents" that
are not first discovered by any "insured" until
subsequent to the execution of the contract
or agreement.
SECTION IX - DEFINITIONS
1. "Agreed mediation":
a. Means a voluntary and non-binding process
that:
(1) Is agreed to by us; and
(2) Involves a qualified professional
mediator facilitating an attempted
settlement of the "claim" between the
"insured" and the person or organization
making the "claim".
b. Does not include any mediation or
alternative dispute resolution that is:
(1) Ordered or imposed by a court; or
(2) Otherwise legally required.
2. "Asbestos pollution conditions":
a. Means any "pollution conditions" that are:
(1) The disturbance of asbestos or asbestos
fibers if the "pollution conditions" result
from any activity that is performed on
behalf of any "named insured" by a
subcontractor under a written contract
or agreement with such "named
insured"; or
(2) The inadvertent disturbance of asbestos
or asbestos fibers if the "pollution
conditions" do not result from any
activity that is performed on behalf of
any "named insured" by a subcontractor
under a written contract or agreement
with such "named insured". As used in
this provision, inadvertent disturbance
does not include any discharge,
dispersal, seepage, migration, release or
escape of asbestos or asbestos fibers
during or as a result of asbestos
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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 abatement operations or any other
operations to test for, monitor, clean up,
remove, contain, treat, dispose of,
detoxify or neutralize, or assess the
effects of, asbestos or asbestos fibers.
b. Does not include a discharge, dispersal,
seepage, migration, release or escape of
asbestos or asbestos fibers from soil.
3. "Authorized agreed limitation of liability" means
that part of any written contract or agreement
with the following person or organization under
which you agree to a maximum limit of such
person's or organization's liability, which is the
amount you are legally entitled to recover from
such person or organization:
a. For the purposes of any Contractors
Indemnity For Design Professional's Liability
Coverage, a "design professional" if the
amount of that limit of liability is not less
than the "required design professional's
insurance", unless we have given you our
prior written consent to the amount of that
limit of liability before the act, error or
omission involved in the "loss" is committed;
or
b. For the purposes of any Contractors
Indemnity For Subcontractor's Pollution
Liability Coverage, a "specified
subcontractor" if the amount of that limit of
liability is not less than the "required
specified subcontractor's insurance", unless
we have given you our prior written consent
to the amount of that limit of liability before
the "pollution conditions" involved in the
"loss" commences.
4. "Auto" means:
a. A land motor vehicle, trailer or semitrailer
designed for travel on public roads, including
any attached machinery or equipment; or
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. "Auto transportation pollution conditions"
means any "pollution conditions" that:
a. Arise out of the ownership, maintenance,
use or entrustment to others of any "auto"
owned or operated by or rented or loaned to
any "insured" that:
(1) Is being used to transport the
"pollutants", or any property in which
the "pollutants" are contained, to or
from a job site where "covered
operations" are being performed; and
(2) Is not located within the boundaries of a
job site where "covered operations" are
being performed; and
b. Commence during such transportation or
during the "loading or unloading" of such
"auto".
6. "Bodily injury":
a. Means any harm, including sickness or
disease, to the health of a person and
including death resulting therefrom.
b. Includes mental anguish, injury or illness, or
emotional distress.
"Loss" because of "bodily injury" includes
reasonable and necessary expenses incurred to
perform medical monitoring for physical harm,
including sickness or disease, to the health of a
person.
7. "Boundaries" includes above or below ground
areas for a "covered location" that are above or
below the area of the ground that is within the
boundary lines of such "covered location".
8. "Building information modeling services" means
the creation, maintenance, use or modification
of, or input into, any digital model or digital
representation that is part of a
computer-assisted design or drafting system or
program.
9. "Business activities" means:
a. Your regular business activities occurring at
a "covered location"; and
b. The tenantability of a "covered location" if
you lease such "covered location" to others.
10. "Business day" means a day that you are
normally open for business.
11. "Business income" means the sum of the
following:
a. Net Income (Net Profit or Loss before
income taxes) that would have been earned
from or incurred for a "covered location",
including rental income from any tenants if
you lease such "covered location" to others;
and
b. Continuing normal operating expenses
incurred, including payroll.
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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
12. "Business interruption loss" means:
a. Actual loss of "business income" you sustain
due to the necessary "suspension" of
"business activities" at a "covered location"
during the "business interruption period of
restoration"; and
b. Reasonable and necessary expenses that the
you incur after the "pollution conditions"
commenced to reduce actual loss of
"business income" that would be otherwise
covered under Business Interruption For
On-Site Pollution Clean-Up Costs Losses in
Site Pollution Liability Coverage, but only up
to the amount that such loss of "business
income" we would otherwise pay is actually
reduced.
13. "Business interruption period of restoration":
a. Means the period of time that:
(1) Begins at the time when there is a
necessary "suspension" of "business
activities" as a result of the "pollution
conditions", and after application of the
"business interruption waiting period";
and
(2) Ends with the earliest of:
(a) The date when the "covered
location" reasonably should be
restored to a condition which allows
the resumption of "business
activities";
(b) The date when "business activities"
are resumed at a new permanent
location; or
(c) The last "business day" of the
Maximum Period Of Restoration For
Business Interruption For On-Site
Pollution Clean-Up Costs Losses
shown for the Site Pollution Liability
Coverage Form - Claims-Made in
Item 3. of the Travelers ECP
Custom Declarations. If a number of
"business days" is not shown for
such Maximum Period Of
Restoration in the Travelers ECP
Custom Declarations, that
Maximum Period Of Restoration will
be 30 "business days".
b. Does not include any increase in the length
of time needed for you to resume "business
activities" caused by interference by any of
your "employees" or any other person.
c. Will not be cut short by the end of the
"policy period".
14. "Business interruption waiting period" means
the number of "business days" shown as the
Waiting Period For Business Interruption For
On-Site Pollution Clean-Up Costs Losses for the
Site Pollution Liability Coverage Form -
Claims-Made in Item 3. of in the Travelers ECP
Custom Declarations that must elapse after
there is a necessary "suspension" of "business
activities" as a result of the "pollution
conditions". If a number of "business days" is not
shown for such Waiting Period in the Travelers
ECP Custom Declarations, that Waiting Period
will be 10 "business days".
15. "Claim" means:
a. For the purposes of any Contractors
Professional Liability Coverage, a written
demand alleging liability on the part of the
"insured" for "loss" caused by an act, error or
omission.
b. For the purposes of any Contractors
Indemnity For Design Professional's Liability
Coverage, a written demand alleging liability
on the part of the "design professional" for
"loss" caused by an act, error or omission.
c. For the purposes of any Contractors
Indemnity For Subcontractor's Pollution
Liability Coverage, a written demand alleging
liability on the part of the "specified
subcontractor" for "loss" caused by
"pollution conditions".
d. For the purposes of any "Pollution Liability
Coverage", a written demand, notice, or
assertion of a legal right, including a civil, or
governmental administrative or regulatory
proceeding, alleging liability on the part of
the "insured" for "loss" caused by "pollution
conditions".
16. "Contractor waste non-owned disposal site
pollution conditions" means "non-owned
disposal site pollution conditions" that are a
discharge, dispersal, seepage, migration, release
or escape of waste that originated from a job
site while "covered operations" are being
performed at such job site.
17. "Covered location" means any location listed as
a Covered Location for the Site Pollution
Liability Coverage Form - Claims-Made in Item
3. of the Travelers ECP Custom Declarations.
18. "Covered non-owned disposal site" means any
"disposal site" that:
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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 a. Is not, and was not at any time, owned or
operated by any "insured";
b. Is located in the United States of America
(including its territories and possessions),
Puerto Rico or Canada;
c. At the time such site received the "named
insured's" waste that is involved in the
"non-owned disposal site pollution
conditions":
(1) Was properly authorized, by being
granted a license or permit, to accept
and dispose of that type of waste; and
(2) Was in compliance with all applicable
federal, state, provincial, tribal or local
laws, regulations or statutes, or
governmental, judicial or administrative
orders or directives;
d. At the time such site received the "named
insured's" waste that is involved in the
"non-owned disposal site pollution
conditions", was not subject to any Federal
Information request made to any person or
organization under Section 104(e) of the
Comprehensive Environmental Response,
Compensation and Liability Act or any of its
amendments or Section 3007(a) of the
Resource Conservation and Recovery Act or
any of its amendments, or any equivalent
request under any state, provincial, tribal or
local law, regulation or statute; and
e. At the time such site received the "named
insured's" waste that is involved in the
"non-owned disposal site pollution
conditions", was not a "Superfund or other
government-identified contaminated site".
19. "Covered operations" means any operations
performed for others by you or on your behalf
listed as Covered Operations for the Contractors
Pollution Liability Coverage Form -
Claims-Made or the Contractors Pollution
Liability Coverage Form in Item 3. of the
Travelers ECP Custom Declarations.
20."Crisis management advisor" means any public
relations firm or crisis management firm
approved by us that is hired by you to perform
"crisis management services" in connection with
the "pollution conditions" involved.
21. "Crisis management services" means those
services performed by a "crisis management
advisor" in advising you or minimizing potential
harm to you from the "pollution conditions"
involved by maintaining or restoring public
confidence in you.
22. "Crisis management services expenses" means
amounts you incur that are:
a. For actions taken within the first 21 days
after the first discovery, or other knowledge,
of the "pollution conditions" involved by any
"responsible person";
b. For:
(1) The reasonable and necessary:
(a) Fees and expenses of a "crisis
management advisor" in the
performance for you of "crisis
management services" solely for the
"pollution conditions" involved; and
(b) Costs for printing, advertising,
mailing of materials, or travel by
your "executive officers", directors,
"employees" or agents, or by a "crisis
management advisor", solely for the
"pollution conditions" involved;
(2) The following expenses resulting from
the "pollution conditions" involved,
provided that such expenses have been
approved by us:
(a) Medical expenses;
(b) Funeral expenses;
(c) Psychological counseling;
(d) Temporary living expenses; or
(e) Expenses to secure the scene of the
"pollution conditions"; or
(3) Any other expenses resulting from the
"pollution conditions" involved that have
been approved by us; and
c. Are submitted to us within 180 days after
the "crisis management advisor" advises you
that "crisis management services" are no
longer necessary for the "pollution
conditions" involved.
23. "Deductible recovery expenses" means all fees,
costs and expenses incurred by us and our
attorneys to recover a deductible amount in a
legal proceeding brought by us against you. But
if the deductible amount awarded to us is less
than the full amount of the deductible payment
we sought, "deductible recovery expenses" will
be a proportional amount based on the ratio of
the deductible amount awarded to the full
amount of the deductible payment we sought.
RP 10 00 11 21 © 2021 The Travelers Indemnity Company. All rights reserved. Page 24 of 37
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
24. "Defense expenses":
a. Means any of the following which can be
directly allocated to a particular "claim",
"emergency response costs" loss under any
Contractors Pollution Liability Coverage or
any Contractors Asbestos Pollution Liability
Coverage or "on-site pollution clean-up
costs" loss under any Site Pollution Liability
Coverage:
(1) Reasonable and necessary fees, costs
and expenses of attorneys or other
authorized representatives where
permitted, for legal services, whether by
outside or staff representatives;
(2) Reasonable and necessary fees, costs
and expenses of court or alternative
dispute resolution proceedings and
other specific items of expense, whether
incurred by an outside vendor or by any
of our employees, including:
(a) Expert testimony;
(b) Autopsy;
(c) Witnesses and summonses;
(d) Copies of documents such as birth
and death certificates and medical
treatment records;
(e) Surveillance or other professional
investigations which are conducted
as part of handling of a "claim",
"emergency response costs" loss or
"on-site pollution clean-up costs"
loss; and
(f) Loss prevention and engineering
services which are conducted as part
of handling of a "claim", "emergency
response costs" loss or "on-site
pollution clean-up costs" loss;
(3) The cost of bonds to release
attachments, but only for bond amounts
within the applicable limit of insurance.
We will not be the principal under these
bonds and do not have to furnish these
bonds;
(4) All reasonable expenses incurred at our
request by the "insured" who is an
individual to assist us in the
investigation or defense of the "claim",
"emergency response costs" loss or
"on-site pollution clean-up costs" loss,
including actual loss of earnings of up to
$500 a day by that individual because of
time taken off from work; or
(5) All costs taxed against the "insured" in
the civil, or governmental administrative
or regulatory proceeding, for that part of
the judgment or order we pay. However,
these payments do not include
attorneys' fees or attorneys' expenses
taxed against the "insured".
b. Does not include:
(1) Our expenses, including salaries,
overhead and traveling expenses of our
employees, except for those fees, costs
or expenses described in Paragraphs
a.(1) or a.(2) above incurred while
handling a "claim", "emergency response
costs" loss or "on-site pollution
clean-up costs" loss;
(2) Fees paid to independent claims
professionals (hired to perform the
function of claim investigation normally
performed by claim adjusters), for
developing and investigating a "claim" so
that a determination can be made of the
cause or extent of, or responsibility for,
"loss", including evaluation and
settlement of "claims" to which this
insurance applies;
(3) Any prejudgment interest awarded
against the "insured";
(4) Any interest on a judgment that accrues
after entry of the judgment;
(5) Any expense to test for, monitor, clean
up, remove, contain, treat, dispose of,
detoxify or neutralize, or assess the
effects of, "pollutants", "fungi" or
bacteria; or
(6) Any expense to restore, repair or replace
real or personal property of others to
substantially the same condition as it
was before the property was damaged
by or on behalf of an "insured" during the
course of performing any operations
described in Paragraph (5) above.
25. "Design professional" means a person, other
than any "named insured's" employee, or an
organization, if such person or organization:
a. Agrees in a written contract or agreement to
perform "your contractor professional
services"; and
b. Is legally qualified to perform such services,
or confirms that any other person or
RP 10 00 11 21 © 2021 The Travelers Indemnity Company. All rights reserved. Page 25 of 37
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 organization performing such services on its
behalf is legally qualified to perform such
services, if such legal qualification is required
by applicable laws or regulations.
26. "Design professional's insurance" means any
professional liability insurance available to the
"design professional" as a named insured for
"your contractor professional services" and
includes any deductible, self-insured retention
or coinsurance obligation under that insurance.
27. "Disposal site":
a. Means a premises, site or location that is or
was at any time used by or for any "insured"
or others for the handling, storage, disposal,
processing or treatment of waste.
b. Does not include a premises, site or location
that:
(1) Is located within the boundaries of a job
site where "covered operations" are
being performed; and
(2) Is not being used by you or on your
behalf for the disposal, processing or
treatment of waste.
28. "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.
29. "Emergency response costs" means reasonable
and necessary expenses incurred by you or on
your behalf that:
a. Are for actions taken within the first ten
days after the first discovery, or other
knowledge, of the "pollution conditions" by
any "insured"; and
b. Are to abate, remove or remediate the
"pollution conditions" in response to an
imminent and substantial threat of "bodily
injury" or an imminent and substantial threat
to the environment.
30."Employee":
a. Includes:
(1) A former or retired employee; and
(2) A "leased worker".
b. Does not include a "temporary worker".
31. "Environmental damage":
a. Means the harmful or damaging presence of
"pollutants" that results in "pollution
clean-up costs".
b. Does not include "property damage".
32. "Environmental laws" means any federal, state,
provincial, tribal or local law, regulation or
statute, or any governmental, judicial or
administrative order or directive, governing
liabilities or responsibilities of the "insured" with
respect to "pollution conditions".
33. "Executive officer" means any person holding an
officer position created by an organization's
charter, constitution, by-laws or any other
similar governing document.
34. "Faulty work incident" means any defect,
deficiency, inadequacy or dangerous condition in
"your work" that is neither expected nor
intended from the standpoint of any "insured".
35. "First Named Insured" means the first person or
organization stated in Item 1. of the Travelers
ECP Custom Declarations.
36. "Fungi" means any type or form of fungus,
including mold or mildew and any mycotoxins,
spores, scents or byproducts produced or
released by fungi.
37. "Fungi or bacteria conditions" means the
discharge, dispersal, seepage, migration, release
or escape of "fungi" or bacteria, provided that no
part of such discharge, dispersal, seepage,
migration, release or escape is expected or
intended from the standpoint of the "insured".
The growth or reproduction of "fungi" or bacteria
at a premises, site or location beyond amounts
and concentrations naturally present at that
premises, site or location will be deemed to be a
discharge, dispersal, seepage, migration, release
or escape of "fungi" or bacteria.
38. "Insured" means:
a. Any "named insured";
b. The "named insured's" legal representative if
the "named insured" dies or if the "named
insured" is declared mentally incompetent,
but only with respect to duties as such. That
representative will have all rights and duties
of such "named insured" under this policy;
c. Only for the purposes of:
(1) Any Contractors Professional Liability
Coverage, and only with respect to the
conduct of the "named insured's"
contractor business;
RP 10 00 11 21 © 2021 The Travelers Indemnity Company. All rights reserved. Page 26 of 37
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 (2) Any Contractors Pollution Liability
Coverage, any Contractors Asbestos
Pollution Liability Coverage, and any
Non-Owned Disposal Site Pollution
Legal Liability Coverage if the
"non-owned disposal site pollution
conditions" are "contractor waste
non-owned disposal site pollution
conditions", and only with respect to the
conduct of "covered operations" for the
"named insured's" business; and
(3) Any Site Pollution Liability Coverage,
and any Non-Owned Disposal Site
Pollution Legal Liability Coverage if the
"non-owned disposal site pollution
conditions" are "operator waste
non-owned disposal site pollution
conditions", and only with respect to the
conduct of the "named insured's"
business;
the following persons or organizations:
(1) The "named insured's" spouse if such
"named insured" is designated in the
Travelers ECP Custom Declarations as
an individual, but only with respect to a
business of which:
(a) Such "named insured" is the sole
owner; or
(b) Such "named insured" and spouse
are the sole owners;
(2) The "named insured's" partners,
members and their spouses, if such
"named insured" is designated in the
Travelers ECP Custom Declarations as
a partnership or joint venture;
(3) The "named insured's" members if such
"named insured" is designated in the
Travelers ECP Custom Declarations as
a limited liability company;
(4) The "named insured's" managers if such
"named insured" is designated in the
Travelers ECP Custom Declarations as
a limited liability company, but only with
respect to their duties as such "named
insured's" managers;
(5) The "named insured's" "executive
officers" and directors if such "named
insured" is designated in the Travelers
ECP Custom Declarations as an
organization other than a partnership,
joint venture or limited liability
company, but only with respect to their
duties as such "named insured's"
"executive officers" or directors;
(6) The "named insured's" stockholders if
such "named insured" is designated in
the Travelers ECP Custom
Declarations as an organization other
than a partnership, joint venture or
limited liability company, but only with
respect to their liability as such "named
insured's" stockholders; and
(7) The "named insured's" "employees",
other than either the "named insured's"
managers (if it is a limited liability
company) or the "named insured's"
"executive officers" (if it is an
organization other than a partnership,
joint venture or limited liability
company), but only for acts within the
scope of their employment by such
"named insured" or for their
performance of duties related to the
conduct of such "named insured's"
business.
However, none of these "employees" are
"insureds" for:
(a) "Loss" because of "bodily injury":
(i) To any "named insured", to any
"named insured's" partners or
members (if it is a partnership or
joint venture), to any "named
insured's" members (if it is a
limited liability company), or to a
co-"employee" while in the
course of such co-"employee's"
employment or performing
duties related to the conduct of
the "named insured's" business;
(ii) To the spouse, child, parent,
brother or sister of that
co-"employee" as a
consequence of "bodily injury",
or as a consequence of the
employment or performance of
duties of that co-"employee",
described in Paragraph (a)(i)
above; or
(iii)For which there is any obligation
to share "loss" with or repay
someone else who must pay
"loss" because of the injury
described in Paragraphs (a)(i)
or (ii) above; or
RP 10 00 11 21 © 2021 The Travelers Indemnity Company. All rights reserved. Page 27 of 37
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 (b) "Property damage" to, or "pollution
clean-up costs" for, property:
(i) Owned, occupied or used by; or
(ii) Rented to, in the care, custody
or control of, or over which
physical control is being
exercised for any purpose by;
any "named insured" or any of its
"employees", any "named insured's"
partners or members (if it is a
partnership or joint venture), or any
"named insured's" members (if it is a
limited liability company). For the
purposes of any Contractors
Professional Liability Coverage, this
exclusion does not apply to
"property damage" to any premises,
site or location that is temporarily
rented or occupied by, or
temporarily loaned to, the "named
insured" exclusively for any job site
where operations are being
performed by or on behalf of such
"named insured" that are part of
such "named insured's" contractor
business. For the purposes of any
Contractors Pollution Liability
Coverage and any Contractors
Asbestos Pollution Liability
Coverage, this exclusion does not
apply to "property damage" to, or
"pollution clean-up costs" for, any
premises, site or location that is
temporarily rented or occupied by,
or temporarily loaned to, the
"named insured" exclusively for any
job site where "covered operations"
are being performed;
d. Only for the purposes of:
(1) Any Contractors Professional Liability
Coverage, and only with respect to the
conduct of the "named insured's"
contractor business; and
(2) Any Contractors Pollution Liability
Coverage, any Contractors Asbestos
Pollution Liability Coverage, and any
Non-Owned Disposal Site Pollution
Legal Liability Coverage if the
"non-owned disposal site pollution
conditions" are "contractor waste
non-owned disposal site pollution
conditions", and only with respect to the
conduct of "covered operations" for the
"named insured's" business;
the following persons or organizations:
(1) The "named insured's" former or retired
partners who are individuals and whom
such "named insured" hires or retains as
independent contractors in a contract or
agreement with that former or retired
partner if such "named insured" is
designated in the Travelers ECP
Custom Declarations as a partnership,
but only for their performance of duties
under such contract or agreement;
(2) The "named insured's" former or retired
members who are individuals and whom
such "named insured" hires or retains as
independent contractors in a contract or
agreement with that former or retired
member if such "named insured" is
designated in the Travelers ECP
Custom Declarations as a limited
liability company but only for their
performance of duties under such
contract or agreement; and
(3) The "named insured's" former or retired
"employees" that such "named insured"
hires or retains as independent
contractors in a contract or agreement
with that former or retired "employee"
but only for their performance of duties
under such contract or agreement.
However, none of these "employees" are
"insureds" for:
(a) "Loss" because of "bodily injury"
described in Paragraph c.(7)(a)
above; or
(b) "Property damage" or "pollution
clean-up costs" described in
Paragraph c.(7)(b) above; and
e. Only for the purposes of:
(1) Any Contractors Pollution Liability
Coverage;
(2) Any Contractors Asbestos Pollution
Liability Coverage; and
(3) Any Non-Owned Disposal Site Pollution
Legal Liability Coverage if the
"non-owned disposal site pollution
conditions" are "contractor waste
non-owned disposal site pollution
conditions";
RP 10 00 11 21 © 2021 The Travelers Indemnity Company. All rights reserved. Page 28 of 37
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 any person or organization that the "named
insured" agreed in a written contract or
agreement to include as an additional
insured under this insurance.
However, such person or organization is an
"insured" only for "bodily injury", "property
damage" or "pollution clean-up costs"
arising out of "covered operations"
performed by or on behalf of any "named
insured" and only to the extent that the
"pollution conditions" are caused by acts or
omissions of any "named insured" or any of
such "named insured's" subcontractors.
Also, the insurance provided to such person
or organization is subject to the following
provisions:
(1) The limits of insurance provided to such
person or organization will be the
minimum limits which the "named
insured" agreed to provide in the written
contract or agreement, or the limits
shown in the Travelers ECP Custom
Declarations, whichever are less.
(2) The insurance provided to such person
or organization does not apply to any:
(a) "Bodily injury", "property damage"
or "pollution clean-up costs"
resulting from:
(i) "Pollution conditions" that
commenced before the written
contract or agreement was
signed by the "named insured";
or
(ii) "Pollution conditions", or any
incident, condition or other
circumstance which could
become "pollution conditions",
that was known, or reasonably
should have been known, by
such person or organization or
by any of that organization's
employees, and that was not
previously disclosed to a
"responsible person" before the
written contract or agreement
was signed by the "named
insured"; or
(b) "Bodily injury", "property damage"
or "pollution clean-up costs" arising
out of any "named insured's"
operation, maintenance, or use of
equipment rented or leased from
that person or organization if the
"pollution conditions" commenced
after the equipment lease expires.
39. "Insured contract" means that part of any
contract or agreement pertaining to "covered
operations" or "your contractor professional
services" under which the "named insured"
assumes the "tort liability" of another to pay
"loss" sustained or incurred by others.
40."Lead pollution conditions" means any "pollution
conditions" that are the discharge, dispersal,
seepage, migration, release or escape of lead,
lead compounds or any material or substance
that contains or incorporates lead.
41. "Leased worker":
a. Means a person hired from a labor leasing
firm under an agreement between the hirer
and that firm to perform duties related to
the conduct of the hirer's business.
b. Does not include a "temporary worker".
42. "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
"auto", aircraft or watercraft or into or onto
a wheeled vehicle designed for travel on
railroad tracks;
b. While it is in or on an "auto", aircraft or
watercraft or in or on a wheeled vehicle
designed for travel on railroad tracks; or
c. While it is being moved from an "auto",
aircraft or watercraft or from a wheeled
vehicle designed for travel on railroad tracks
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 "auto", aircraft or watercraft or
to the wheeled vehicle designed for travel on
railroad tracks.
43. "Loss" means:
a. For the purposes of any Contractors
Professional Liability Coverage:
(1) Compensatory damages; and
(2) Punitive or exemplary damages if such
damages are insurable under applicable
law.
RP 10 00 11 21 © 2021 The Travelers Indemnity Company. All rights reserved. Page 29 of 37
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 b. For the purposes of Pollution Legal Liability
under any Contractors Pollution Liability
Coverage, Third-Party Pollution Legal
Liability under any Site Pollution Liability
Coverage and Asbestos Pollution Legal
Liability under any Contractors Asbestos
Pollution Liability Coverage, and any
Non-Owned Disposal Site Pollution Legal
Liability Coverage:
(1) Compensatory damages because of
"bodily injury" or "property damage";
(2) Punitive or exemplary damages because
of "bodily injury" or "property damage" if
such damages are insurable under
applicable law;
(3) "Pollution clean-up costs";
(4) Prejudgment interest awarded against
the "insured" on that part of the
judgment which we pay, which exceeds
the applicable deductible and which is
within the applicable limit of insurance. If
we make an offer to pay the applicable
limit of insurance, "loss" does not
include any prejudgment interest based
on that period of time after the offer;
(5) 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. If we do not
pay part of the judgment for any reason
other than it is more than the applicable
limit of insurance, "loss" does not
include any interest that accrues on that
portion of the judgment; and
(6) The cost of any required appeal bond for
any judgment that we appeal, but only
for bond amounts for that part of the
judgment that is for "loss" to which this
insurance applies and which is within the
applicable limit of insurance. We will pay,
or reimburse the "insured" for, the cost
of a higher appeal bond amount if we are
required to do so under applicable law.
We will not be the principal under any
appeal bond and do not have to furnish
any appeal bond.
c. For the purposes of Emergency Response
Costs under any Contractors Pollution
Liability Coverage and Asbestos Emergency
Response Costs under any Contractors
Asbestos Pollution Liability Coverage,
"emergency response costs".
d. For the purposes of On-Site Pollution
Clean-Up Costs under any Site Pollution
Liability Coverage, "on-site pollution
clean-up costs".
e. For the purposes of Business Interruption
For On-Site Pollution Clean-Up Costs
Losses under any Site Pollution Liability
Coverage, "business interruption loss".
f. For the purposes of any Contractors
Indemnity For Design Professional's Liability
Coverage:
(1) Compensatory damages; and
(2) Prejudgment interest awarded against
the "design professional" on that part of
the judgment which we pay and which is
within the applicable limit of insurance.
g. For the purposes of any Contractors
Indemnity For Subcontractor's Pollution
Liability Coverage:
(1) Compensatory damages; and
(2) Prejudgment interest awarded against
the "specified subcontractor" on that
part of the judgment which we pay and
which is within the applicable limit of
insurance.
h. For the purposes of any Contractors
Professional Liability Loss Mitigation
Expenses Coverage, "professional liability
loss mitigation expenses".
i. For the purposes of any Contractors
Pollution Loss Mitigation Expenses
Coverage, "pollution loss mitigation
expenses".
j. For the purposes of any Crisis Management
Services Expenses For Pollution Liability
Coverage, "crisis management services
expenses".
44. "Low-level radioactivity pollution conditions":
a. Means any "pollution conditions" that are
the discharge, dispersal, seepage, migration,
release or escape of:
(1) Low-level radioactive waste as defined
in Title 10 Code of Federal Regulations
as of the first day of the "policy period";
or
(2) Material regulated by the United States
Nuclear Regulatory Commission or an
Agreement State under a Type A, B or C
RP 10 00 11 21 © 2021 The Travelers Indemnity Company. All rights reserved. Page 30 of 37
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Specific License of Broad Scope as
defined in Title 10 Code of Federal
Regulations, Part 33.11.
b. Does not include radium, potassium,
thorium or uranium, or any other naturally
occurring radioactive material, regardless of
whether it has been technically enhanced.
45. "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 any "named insured" owns or
rents;
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 Paragraph 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, geo-physical exploration,
lighting and well servicing equipment; or
(2) Cherry pickers and similar devices used
to raise or lower workers; or
f. Vehicles not described in Paragraph 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, geo-physical 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. Such land vehicles are
considered "autos".
46."Named insured" means:
a. Any person or organization stated in Item 1.
of the Travelers ECP Custom Declarations;
or
b. Any organization, other than a partnership,
joint venture or limited liability company,
that is acquired or formed during the "policy
period" by any organization described in
Paragraph a. above, and of which such
described organization is the sole owner or
in which such described organization
maintains an ownership interest of more
than 50%, if there is no other similar
insurance available to that acquired or
formed organization. However:
(1) Coverage under this provision is
afforded only until the 90th day after
such acquisition or formation or the end
of the "policy period", whichever is
earlier;
(2) Any Contractors Professional Liability
Coverage, any Contractors Professional
Liability Loss Mitigation Expenses
Coverage and any Contractors
Indemnity For Design Professional's
Liability Coverage does not apply to any
act, error or omission that is committed
before such acquisition or formation;
and
(3) Any "Pollution Liability Coverage" or any
Contractors Indemnity For
Subcontractor's Pollution Liability
Coverage does not apply to any
"pollution conditions" that commence
before such acquisition or formation.
For the purposes of the definition of
"insured", each such acquired or formed
organization will be deemed to be
designated in the Travelers ECP Custom
RP 10 00 11 21 © 2021 The Travelers Indemnity Company. All rights reserved. Page 31 of 37
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Declarations as an organization other than a
partnership, joint venture or limited liability
company.
47. "Natural resources" means land, fish, wildlife,
biota, air, surface or ground water, drinking
water supplies and other such resources
belonging to, managed by, held in trust by,
appertaining to, or otherwise controlled by the
United States of America, any state or local
government, any foreign government, any Indian
tribe or, if such resources are subject to a trust
restriction on alienation, any member of an
Indian tribe.
48."Non-owned disposal site pollution conditions"
means any "pollution conditions" that:
a. Are at, on, under or from any "covered
non-owned disposal site"; and
b. Are a discharge, dispersal, seepage,
migration, release or escape of "pollutants"
that have been transported as waste by or
on behalf of the "named insured" to such
"covered non-owned disposal site".
49."On-site pollution clean-up costs" means
"pollution clean-up costs" incurred by you or on
your behalf for only the part of the "pollution
conditions" that is within the "boundaries" of the
"covered location" where the discharge,
dispersal, seepage, migration, release or escape
of the "pollutants" commences.
50."Operator waste non-owned disposal site
pollution conditions" means "non-owned
disposal site pollution conditions" that are a
discharge, dispersal, seepage, migration, release
or escape of waste that originated from a
"covered location".
51. "Policy period" means the Policy Period shown in
Item 2. of the Travelers ECP Custom
Declarations.
However, if this policy is canceled, the "policy
period" ends on the effective date of the
cancellation. If any coverage is added after this
policy is in effect, in a coverage form or by
endorsement issued by us as part of this policy,
"policy period" for that coverage means the
period in which such coverage form or
endorsement is in effect. If any coverage of this
policy or any coverage added by endorsement is
cancelled, the "policy period" for that coverage
ends on the effective date of the cancellation.
52. "Pollutants" means any solid, liquid, gaseous or
thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis,
chemicals and waste. Waste includes materials
to be recycled, reconditioned or reclaimed.
53. "Pollution clean-up costs":
a. Means:
(1) Reasonable and necessary expenses
incurred for "pollution conditions" to
test for, monitor, clean up, remove,
contain, treat, dispose of, detoxify or
neutralize, or assess the effects of:
(a) "Pollutants" to the extent required
by "environmental laws" governing
the "pollution conditions"; or
(b) "Fungi" or bacteria:
(i) To the extent required by
"environmental laws" governing
the "pollution conditions"; or
(ii) In the absence of any applicable
"environmental laws", to the
extent recommended in writing
by a Certified Industrial
Hygienist or a certified or
licensed mold professional; and
(2) Reasonable and necessary expenses
required to restore, repair or replace real
or personal property of others to
substantially the same condition as it
was immediately before the "pollution
conditions" if such property is damaged
by or on behalf of the "insured" during
the course of responding to "pollution
conditions" by performing any
operations described in Paragraph (1)
above.
b. Does not include any expenses incurred to
perform medical monitoring for any "bodily
injury".
54. "Pollution conditions":
a. For the purposes of any Contractors
Pollution Liability Coverage, any Contractors
Asbestos Pollution Liability Coverage, and
any Non-Owned Disposal Site Pollution
Legal Liability Coverage if the "non-owned
disposal site pollution conditions" are
"contractor waste non-owned disposal site
pollution conditions", means:
(1) The discharge, dispersal, seepage,
migration, release or escape of
"pollutants", provided that no part of
such discharge, dispersal, seepage,
migration, release or escape is expected
or intended from the standpoint of the
RP 10 00 11 21 © 2021 The Travelers Indemnity Company. All rights reserved. Page 32 of 37
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 "insured"; or
(2) "Fungi or bacteria conditions".
b. For the purposes of any Site Pollution
Liability Coverage, and any Non-Owned
Disposal Site Pollution Legal Liability
Coverage if the "non-owned disposal site
pollution conditions" are "operator waste
non-owned disposal site pollution
conditions":
(1) Means the discharge, dispersal, seepage,
migration, release or escape of
"pollutants".
(2) Does not include the discharge,
dispersal, seepage, migration, release or
escape of any:
(a) "Fungi" or bacteria; or
(b) Virus or other microorganism that
induces or is capable of inducing
physical distress, illness or disease.
55. "Pollution Liability Coverage" means any of the
following:
a. Contractors Pollution Liability Coverage;
b. Site Pollution Liability Coverage;
c. Non-Owned Disposal Site Pollution Legal
Liability Coverage; or
d. Contractors Asbestos Pollution Liability
Coverage.
56."Pollution loss mitigation expenses":
a. Means reasonable and necessary expenses
that:
(1) Are incurred:
(a) For actions taken within the first ten
days after the first discovery, or
other knowledge, of the "faulty work
incident" by any "insured"; and
(b) For the purposes of preventing
"pollution conditions" from being
caused by such "faulty work
incident"; and
(2) Are to correct or mitigate such "faulty
work incident" to avoid or reduce the risk
of an imminent and substantial threat of
"bodily injury", or an imminent and
substantial threat to the environment,
that would exist if "pollution conditions"
resulted from such "faulty work
incident".
b. Does not include:
(1) "Emergency response costs" or any
other expense incurred after any
"pollution conditions" resulting from
such "faulty work incident" commence;
(2) Any expense for loss of use of any
project or delay in completion of any
project, including any amounts that
represent liquidated damages that
would have been incurred if a "claim" had
been made against any "insured" for
"loss" caused by "pollution conditions"
resulting from such "faulty work
incident";
(3) Any expense that would exceed the
amount of "loss" under any Contractors
Pollution Liability Coverage in "your ECP
coverage forms" if such "faulty work
incident" had resulted in a "claim"
against any "insured" for "loss" to which
such insurance applies;
(4) Any expense for work or operations
performed by any "insured" to redo,
change, supplement or fix "your work",
including redesign, or for materials,
parts or equipment furnished in
connection with such work or
operations, or any profit or overhead of
any "insured", including any salary of, or
benefit for, any of the "named insured's"
"employees", any of the "named
insured's" current or former partners or
members (if the "named insured" is a
partnership or joint venture), any of the
"named insured's" current or former
members (if the "named insured's" is a
limited liability company), or any of the
"named insured's" "executive officers" or
directors (if the "named insured" is an
organization other than a partnership,
joint venture or limited liability
company); or
(5) Any expenses that are for an
enhancement of "your work".
57. "Professional liability loss mitigation expenses":
a. Means reasonable and necessary expenses
that:
(1) Are described in the "proposed
corrective actions" and have not been
objected to in writing by us; and
(2) Are incurred:
(a) To correct or mitigate an act, error or
omission that results from the
performance of, or failure to
RP 10 00 11 21 © 2021 The Travelers Indemnity Company. All rights reserved. Page 33 of 37
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 perform, "your contractor
professional services" by or on
behalf of any "named insured"; and
(b) For the purposes of preventing a
"claim" against the "insured" for
"loss" caused by such act, error or
omission.
b. Includes reasonable and necessary expenses
payable to a third-party software consulting
company that:
(1) Are incurred for loss of, or damage to,
information that results from an
inherent malfunction, including
erroneous calculations or modeling, of
any software that:
(a) You use in "building information
modeling services";
(b) You purchased from a third-party
vendor; and
(c) Was not modified by you or on your
behalf; and
(2) Are not recoverable under any warranty
or guaranty.
c. Does not include:
(1) Any expense incurred after a "claim" is
made against any "insured" for "loss"
caused by such act, error or omission;
(2) Any expense for loss of use of any
project or delay in completion of any
project, including any amounts that
represent liquidated damages that
would have been incurred if a "claim" had
been made against any "insured" for
"loss" caused by such act, error or
omission;
(3) Any expense that would exceed the
amount of "loss" under any Contractor
Professional Liability Coverage in "your
ECP coverage forms" if such act, error or
omission had resulted in a "claim"
against any "insured" for "loss" to which
such insurance applies;
(4) Any expense for work or operations
performed by any "insured" to redo,
change, supplement or fix "your work",
including redesign, or for materials,
parts or equipment furnished in
connection with such work or
operations, or any profit or overhead of
any "insured", including any salary of, or
benefit for, any of the "named insured's"
"employees", any of the "named
insured's" current or former partners or
members (if the "named insured" is a
partnership or joint venture), any of the
"named insured's" current or former
members (if the "named insured's" is a
limited liability company), or any of the
"named insured's" "executive officers" or
directors (if the "named insured" is an
organization other than a partnership,
joint venture or limited liability
company); or
(5) Any expenses that are for an
enhancement of "your work".
58. "Property damage":
a. Means:
(1) Physical damage to tangible property of
others, including all resulting loss of use
of that property and including
diminished value of that property; or
(2) Loss of use of tangible property of
others that is not physically damaged.
b. Does not include "environmental damage".
For the purposes of this insurance:
a. "Natural resources" are tangible property;
and
b. "Electronic data" is not tangible property.
59."Proposed corrective actions" means a written
communication that provides:
a. The details of the actions that are planned to
correct or mitigate the act, error or
omission; and
b. The amount of the expenses anticipated to
be incurred in performing such actions.
60. "Related" means:
a. Continuous or repeated; or
b. Connected, tied or linked by any fact,
circumstance, situation, event, transaction,
cause or series of interrelated facts,
circumstances, situations, events,
transactions or causes.
61. "Required design professional's insurance":
a. Means the Required Design Professional's
Insurance shown in Item 9. of the Travelers
ECP Custom Declarations, which is the
minimum amount of professional liability
insurance you must require the "design
professional" to obtain for "your contractor
professional services".
RP 10 00 11 21 © 2021 The Travelers Indemnity Company. All rights reserved. Page 34 of 37
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 b. Does not include insurance provided by any
of the following:
(1) A Commercial General Liability insurance
policy or any of its endorsements;
(2) The part of an Umbrella or Excess
Liability insurance policy or any of its
endorsements that applies excess of
Commercial General Liability insurance;
or
(3) Professional liability insurance that is
subject to the same aggregate limit of
insurance as any insurance described in
Paragraph (1) or (2) above.
62. "Required specified subcontractor's insurance":
a. Means the Required Specified
Subcontractor's Insurance shown in Item 10.
of the Travelers ECP Custom Declarations,
which is the minimum amount of pollution
liability insurance you must require the
"specified subcontractor" to obtain for
"covered operations".
b. Does not include insurance provided by any
of the following:
(1) A Commercial General Liability insurance
policy or any of its endorsements;
(2) The part of an Umbrella or Excess
Liability insurance policy or any of its
endorsements that applies excess of
Commercial General Liability insurance;
or
(3) Pollution liability insurance that is
subject to the same aggregate limit of
insurance as any insurance described in
Paragraph (1) or (2) above.
63. "Responsible person":
a. Means any of the following:
(1) The "named insured" or the "named
insured's" spouse (if the "named
insured" is an individual);
(2) Any person while he or she is:
(a) Any "named insured's" partner or
member, or his or her spouse, (if
such "named insured" is a
partnership or joint venture);
(b) Any "named insured's" manager (if
such "named insured" is a limited
liability company);
(c) Any "named insured's" "executive
officer" or director (if such "named
insured" is an organization other
than a partnership, joint venture or
limited liability company); or
(d) Any "employee" of any "named
insured" who is or acts as the
"named insured's" risk manager; or
(3) Any person while he or she is:
(a) A partner or member of any
organization that is a partnership or
joint venture;
(b) A manager of any organization that
is a limited liability company;
(c) An "executive officer" or director of
any organization other than a
partnership, joint venture or limited
liability company; or
(d) An "employee" of any of such
organizations who is or acts as such
organization's risk manager;
if such organization is any "named
insured's" partner or member (if such
"named insured" is a partnership or joint
venture) or manager (if such "named
insured" is a limited liability company).
b. For the purposes of any Contractors
Pollution Liability Coverage, any Contractors
Asbestos Pollution Liability Coverage, any
Non-Owned Disposal Site Pollution Legal
Liability Coverage if the "non-owned
disposal site pollution conditions" are
"contractor waste non-owned disposal site
pollution conditions", and any Crisis
Management Services Expenses For
Pollution Liability Coverage, also means any
person while he or she is:
(1) An "employee" of any "named insured"
who is responsible for environmental
health and safety, or environmental
affairs, control or compliance at the
"named insured's" job site; or
(2) An "employee" of any organization
described in Paragraph a.(3)(a), (b) or
(c) above who is responsible for
environmental health and safety, or
environmental affairs, control or
compliance at such organization's job
site.
c. For the purposes of any Site Pollution
Liability Coverage, any Non-Owned Disposal
Site Pollution Legal Liability Coverage if the
RP 10 00 11 21 © 2021 The Travelers Indemnity Company. All rights reserved. Page 35 of 37
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 "non-owned disposal site pollution
conditions" are "operator waste non-owned
disposal site pollution conditions", and any
Crisis Management Services Expenses For
Pollution Liability Coverage, also means any
person while he or she is:
(1) An "employee" of any "named insured"
who is responsible for environmental
health and safety, or environmental
affairs, control or compliance; or
(2) An "employee" of any organization
described in Paragraph a.(3)(a), (b) or
(c) above who is responsible for
environmental health and safety, or
environmental affairs, control or
compliance.
64."Silica" means silicon dioxide (occurring in
crystalline, amorphous and impure forms), silica
particles, silica dust or silica compounds.
65."Silica pollution conditions":
a. Means any "pollution conditions" that are
the discharge, dispersal, seepage, migration,
release or escape of "silica" or "silica-related
dust".
b. Does not include any "pollution conditions"
to the extent that such "pollution
conditions" cause "emergency response
costs".
66."Silica-related dust" means a mixture or
combination of "silica" and other dust or
particles.
67. "Specified subcontractor" means a person, other
than any "named insured's" employee, or an
organization, if such person or organization
agrees in a written contract or agreement to
perform "covered operations".
68."Specified subcontractor's insurance" means any
pollution liability insurance available to the
"specified subcontractor" as a named insured for
"covered operations" and includes any
deductible, self-insured retention or
coinsurance obligation under that insurance.
69."Superfund or other government-identified
contaminated site" means any premises, site or
location that:
a. Has been placed on, or proposed for, the
National Priorities List, any Superfund list or
any equivalent state, tribal or local list, for or
in the United States of America, including its
territories and possessions and Puerto Rico;
or
b. Has been placed in, or proposed for, the
National Contaminated Site Remediation
Program, any similar program or any
equivalent provincial, tribal or local program,
for or in Canada, including its territories and
possessions.
70. "Suspension" means:
a. The partial or complete cessation of your
"business activities"; or
b. That a part or all of a "covered location" is
rendered untenantable if you lease such
"covered location" to others.
71. "Temporary worker" means a person who is
furnished to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.
72. "Tort liability" means a liability that would be
imposed by law in the absence of any contract or
agreement.
73. "Transportation pollution conditions" means any
"pollution conditions":
a. That are not at, on, under or from a "covered
location"; and
b. That:
(1) Are from any "auto", rolling stock or
watercraft, while such "auto", rolling
stock or watercraft is being used to
transport the "pollutants", or any
property in which the "pollutants" are
contained, by the "named insured", or by
a carrier on behalf of the "named
insured", to or from a "covered location"
if the transporter is properly licensed to
conduct such transportation, or
(2) Commence during the handling of such
"pollutants" or property for "loading or
unloading" in, on or from such "auto",
rolling stock or watercraft.
74. "Your ECP coverage forms" means the coverage
forms that you have purchased, as shown in Item
3. of the Travelers ECP Custom Declarations.
If such coverage forms include any of the
following coverages, such coverage is not
considered to provide liability coverage as used
in this policy:
a. Contractors Professional Liability Loss
Mitigation Expenses Coverage.
b. Contractors Pollution Loss Mitigation
Expenses Coverage.
c. Contractors Indemnity For Design
Professional's Liability Coverage.
RP 10 00 11 21 © 2021 The Travelers Indemnity Company. All rights reserved. Page 36 of 37
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 d. Contractors Indemnity For Subcontractor's
Pollution Liability Coverage.
e. Crisis Management Services Expenses For
Pollution Liability Coverage.
75. "Your contractor professional services":
a. Means any of the following services:
(1) Architect, engineer or surveyor
professional services, including:
(a) Design and value engineering; and
(b) Professional services of:
(i) A landscape architect;
(ii) A land surveyor or planner; or
(iii)An interior designer or space
planner;
(2) Scientific or technical consulting
services; or
(3) Construction management, program
management, project management or
owner's representation services for a
project on which the "named insured"
serves as a construction manager,
program manager, project manager or
owner's representative.
b. Includes:
(1) "Building information modeling
services";
(2) Design, development, programming,
analysis, training, use, hosting,
management, support and maintenance
of any software, database, internet
services or website;
(3) Quality control or scientific review,
assistance and documentation; and
(4) Material testing;
in connection with any of the services
described in Paragraph a. above.
76. "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed by:
(a) Any "named Insured";
(b) Others trading under any "named
insured's" name; or
(c) A person or organization whose
business or assets any "named
insured" has 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.
77. "Your work":
a. Means:
(1) Work or operations performed by or on
behalf of any "named insured"; 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.
RP 10 00 11 21 © 2021 The Travelers Indemnity Company. All rights reserved. Page 37 of 37
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39 Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
CANCELLATION
© 1993-2015 ACORD CORPORATION. All rights reserved.ACORD 27 (2016/03) The ACORD name and logo are registered marks of ACORD
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
PROPERTY INFORMATION
LOCATION/DESCRIPTION
COVERAGE INFORMATION
COVERAGE / PERILS / FORMS AMOUNT OF INSURANCE DEDUCTIBLE PHONE
(A/C, No, Ext):
(A/C, No):
FAX E-MAIL
ADDRESS:
AGENCY
THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST.
CUSTOMER ID #:
AGENCY
SUB CODE:CODE:
INSURED LOAN NUMBER POLICY NUMBER
TERMINATED IF CHECKED
CONTINUED UNTIL
EXPIRATION DATEEFFECTIVE DATE
THIS REPLACES PRIOR EVIDENCE DATED:
COMPANY
DATE (MM/DD/YYYY)
EVIDENCE OF PROPERTY INSURANCE
REMARKS (Including Special Conditions)
MORTGAGEE
ADDITIONAL INSURED LOSS PAYEE
ADDITIONAL INTEREST
NAME AND ADDRESS
AUTHORIZED REPRESENTATIVE
LOAN #
PERILS INSURED BASIC BROAD SPECIAL
LENDER'S LOSS PAYABLE
ACORD 0027 2016-03r2 Acroform
02/09/2026
Newfront Insurance Services, LLC
777 Mariners Island Blvd
Suite 250
San Mateo
CA
94404
(415) 754-3635
[email protected]
Travelers Property Casualty Company of America
One Tower Square
Hartford
CT
6183
W. Bradley Electric, LLC
90 Hill Road
Novato
CA
94945
660-0R378002
06/15/2025
06/15/2026
Re: Traffic Signal Upgrades Project.
Installation Floater, Special Form, Replacement Cost:
.
At each Job Site Location
$2,000,000
$5,000
At All Covered Locations Combined
$2,000,000
$5,000
At each Temporary Storage Location
$500,000
$5,000
In Transit
$500,000
$5,000
Re: Traffic Signal Upgrades Project.
City of Alameda Public Works Department
950 West Mall Square, Room 110
Alameda
CA
94501
Docusign Envelope ID: 1D469B2C-D7B2-407C-B75F-0A86A302F93C Docusign Envelope ID: EE9C1A1D-FDDD-485E-B3B8-985B2078DB39