Cities Index.
A - Draft Second Amendment

Cupertino City Council
November 21, 2023

Document
A - Draft Second Amendment
Meeting
November 21, 2023
Body
Cupertino City Council
Pages
1
Original file
1.9 MB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

1 SECOND AMENDMENT TO AGREEMENT 19-194

BETWEEN THE CITY OF CUPERTINO AND ACUITY
BRANDS, INC., FOR BUILDING ENERGY

MANAGEMENT PLATFORM
This Second Amendment to Agreement 19-194 between the City of Cupertino and ACUITY BRANDS, INC., is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and ACUITY BRANDS, INC., a (“Contractor”) whose address is 55 Harrison St., #200, Oakland, CA. 94607, and is made with reference to the following:

RECITALS:

A. On December 17, 2019, Agreement 19-194 (“Agreement”) was entered into by and between City and Contractor for Building Energy Management Platform.

B. On November 30, 2022, First Amendment (“Agreement”) was entered into by and between City and Contractor for Building Energy Management Platform.

C. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows:

TERM

1. Paragraph 1 is modified to read as follows:

The term of this Agreement shall commence on December 10, 2019. The term of this Agreement is 5 years, unless the Agreement is terminated prior thereto under the provisions of Section 16, below.

COMPENSATIO
N

2. Paragraph 1 is modified to read as follows:

Software Provider shall be compensated for services performed pursuant to this Agreement in a total amount not to exceed $227,500.00. The payments specified in this section shall be the only payments to be made to Software Provider for services rendered pursuant to this Agreement. Software Provider shall invoice City according to the following schedule of milestones/ deliverables:

Milestone Schedule
Amount
Upon execution of
this Agreement
Year 1 (Initial Period) December
10, 2019 through December 9,
2020
$45,500
Year 2 (Renewal 1) December 10, 2020
through December 9, 2021
$45,500
Year 3 (renewal 2) December 10, 2021
through December 9, 2022
$45,500
Year 4 (renewal 3) December 10, 2022
through December 9, 2023
$45,500
Year 5 (renewal 4) December 10, 2023
through December 9, 2024
$45,500
total $227,500

ATTACHMENT A
2 City shall pay Contractor within thirty (30) days after receipt of Service Provider’s invoice. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not proper.

1. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this modificatio n of Agreement to be executed.

CITY OF CUPERTINO
B
y
Title
D a t e
APPR

OVED AS TO FORM
City Attorney
ATTEST:

City Clerk
D a t e
ACUITY BRANDS, INC.

B y
Title
D a t e

EXPENDI

TURE DISTRIBUTION
Item Amount
Original Contract $136,500
First Amendment $45,500
Second Amendment $45,500
Total $227,500
Your acceptance of this Formal Quote will create a non-cancellable purchase commitment, effective as of the date this Formal Quote is signed by the duly authorized officer(s) or representative(s) of the Purchaser (the "Effective Date"). Unless otherwise stated in Section F below, this Quotation is governed by, and all terms herein are defined the same as in, the Software as a Service Terms and Conditions which are available at https://www.acuitybrands.com/support/customer-support/terms-and-conditions, incorporated herein by reference.

Contracting Company:

City of Cupertino
End User Shipping Address
City of Cupertino
10300 Torre Ave
Cupertino, California 95014-3202
United States
Marilyn Pavlov
[email protected]
Company Details
Acuity Brands Technology Services, Inc.
1170 Peachtree Street, NE Suite 2300
Atlanta, GA 30309-7676
US
Wanda Ferraro
[email protected]
Section B: Quote and Expiration Date
Quote Expiration Date 12/8/2023
Order Form # 2310-4150
Section C: Commercial Terms
Initial Term (Years)
Auto Renewal Term (Years)
Subscription Start Date
Non-Renewal Notice
Annual Price Adjustment

1.00 0.00
12/10/2023
days
0%
Section D: Payment Method and Terms - First invoice(s) sent upon contract signature with agreed upon payment terms.

Implementation & Hardware Terms Due on Receipt (prior to commencement of services) Software Subscription Terms
Payment Method
Invoice Amount
Billing Frequency
Net 30
ACH
Total First Year
Annual
Section E: Fees and Charges
All amounts are denoted in U.S. Dollars ("USD"). If applicable, the estimated tax amount will be applied on the invoice in addition to the fees and charges noted below. *Taxes are estimated only. Customer agrees to pay the tax rate applicable to the End User Shipping Address if provided, or Billing Address if no End User Shipping Address is provided.

Subscription
Product Description Quantity Total
Atrius Platform Includes all Atrius Strategic
Services, including dedicated
Customer Success Manager
1 $45,500.00
Software Subscription: Building Facilities included in
platform fee up to 17
1 $0.00
Points: Automated 68 $0.00
Bill Points: Automated 369 $0.00
Total Amount Due (First Year Only):

The contract value for the 1.00 year term is $45,500.00 (tax not included). Implementation Services will commence upon receipt of first payment.

Annual Subscription Cost:

Implementation Cost:

Hardware Cost:
*Estimated Tax (Year 1):

Total (Year 1):
$45,500.00
$0.00
$0.00
$0.00
$45,500.00
Section F: Notes
If Purchase Order (PO) is required it must be delivered to the Company within 15 business days following Effective Date to avoid disruption in current service. The Purchase Order must reference Order Form # 2310-4150 If applicable, I hereby authorize Acuity Brands and its service provider to use my credentials to access my utility account information and use the utility information in connection with my transaction with Acuity Brands.

Section G: Billing Information (customer completes)

PO Required Yes / No
(If yes) PO Number:

Tax Exempt? Yes / No

Billing Address:
10300 Torre Ave
Cupertino, California 95014-3202
United States

Billing Contact: IT Billing
Billing Email: [email protected], [email protected] Billing Phone: (408) 777-3238

*Electronic remittance information is provided on the invoice. Checks are not an accepted payment method.

IN WITNESS WHEREOF, the Purchaser's duly authorized officer(s) or representative(s) have executed this Agreement as of the Effective Date.

Customer Acuity Brands Technology Services, Inc.

Signature
\s1\

Name
\n1\

Title
\t1\

Date
\d1\
Signature
\s2\

Name
\n2\

Title
\t2\

Date
\d2\
Contract No. ________

Exhibit B: Insurance Requirements and Proof of Insurance

Proof of insurance coverage described below is attached to this Exhibit, with City named as additional insured.

1. MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES

Additional Insureds:

The City of Cupertino, its City Council, office rs, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be c overed as additional insureds on Consultant’s Commercial General Liability and Cyber Liability policies. Genera l Liability coverage can be provided in the form of an endorsement to Consu ltant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used).

Primary Coverage:

Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self- insurance maintained by City, its officers, offici als, employees, or volunteers shall be excess of Software Provider’s insurance and shall not contribute to it.

Notice of Cancellation:

Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.

Workers' Compensation:

As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.

The Workers’ Compensation policy shall be endorse d with a waiver of s ubrogation in favor of City for all work performed by Software Provider, its employees, agents, and subconsultants.

General Liability:

For bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit.

a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader cove rage and maximum limits of coverage of any insurance policy, whichever is greater.

b. Additional Insured coverage under Software Provider’s policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13).

Contract No. ________

c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Agreement. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured.

Automobile Liability
ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.

Cyber Liability:

Insurance, with limits not less than:
$2,000,000 each occurrence
$2,000,000 aggregate - all other

Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Software Provider in this Agr eement and shall include , but not be limited to, claims involving infringement of intellectual pr operty, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic informatio n, release of private information, al teration of electr onic information, extortion, and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

If the Software Provider maintains broader cove rage and/or higher limits than the minimums shown above, the City requires and shall be entitle d to the broader covera ge and/or higher limits maintained by the Software Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

2. ABSENCE OF INSURANCE COVERAGE.

City may direct Software Provider to immedi ately cease all activities w ith respect to this Agreement if it determines that Software Provide r fails to carry, in full force and effect, all insurance policies with coverages at or above the limits specified in this Agreement. At the City’s discretion, under conditions of lapse, City may purchase appropriate insurance and charge all costs related to such policy to Software Provider.

3. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION.

A Certificate of Insurance, on an Accord form , and completed coverage verification shall be provided to City by each of Software Provide r's insurance companies as evidence of the stipulated coverages prior to the Commenceme nt Date of this Agreement, and annually thereafter for the term of this Agreement. Al l of the insurance companies providing insurance for Software Provider shall be licensed to do insurance business in the State of California and shall have, and provide evidence of, a Best Rating Service rate of A:VII or above.

Contract No. ________

4. SUBCONTRACTORS

Software Provider shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including namin g the City as an additional insured on subconsultant’s insurance policies.

5. HIGHER INSURANCE LIMITS

If Software Provider maintains broader coverage a nd/or higher limits than the minimums shown above, City shall be entitled to coverage for th e higher insurance limits maintained by Software Provider.

6. ADEQUACY OF COVERAGE

City reserves the right to modify these insura nce requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certi®cate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certi®cate does not confer rights to the certi®cate holder in lieu of such endorsement(s).

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
$

CERTIFICATE HOLDER
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE
OTHER:

LOCJECT

PRO-POLICY
GEN©L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS-MADE

COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $

DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$RETENTIONDED

CLAIMS-MADE
OCCUR
AGGREGATE $
EACH OCCURRENCE $UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY) LIMITS
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

OWNED SCHEDULED

HIRED NON-OWNED

AUTOS ONL Y AUTOS

AUTOS ONL Y AUTOS ONL Y

COMBINED SINGLE LIMIT
BODIL Y INJURY (Per person)
BODIL Y INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$
$
INSD
ADDL
WVD
SUBR
N / A
$
(Ea accident)
(Per accident)
The ACORD name and logo are registered marks of ACORD
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
(A/C, No):

CONTACT
NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE
$
$
$
$
$
XRGNVR9F
City of Cupertino
10300 Torre Ave
Cupertino, CA 95014-3202
2,000,000W1F9A2230701
404 497-7500
Cyber/Tech E&O
Beazley Insurance Company, Inc.

Aggregate Limit of Liability
36940
37540
Indian Harbor Insurance Company
11/01/2024
McGriff Insurance Services, LLC
3400 Overton Park Drive SE
Suite 300
Atlanta, GA 30339
Acuity Brands, Inc.

One Lithonia Way
Conyers, GA 30012
11/07/2023
A
B
11/01/2023

Page 1 of 1 ends

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be e ndorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A st atement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO D INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
Willis Towers Watson Southeast, Inc.
c/o 26 Century Blvd
P.O. Box 305191
Nashville, TN 372305191 USA
Acuity Brands, Inc.

ONE LITHONIA WAY
CONYERS, GA 300123957
This Voids and Replaces Previously Issued Certificate Dated 09/25/2023 WITH ID: W30302622.

Re: Building Energy Management and Analytics Program.

City, its City Council, boards and commissions, officers, employees and volunteers are included as Additional Insureds as respects to General Liability and Auto Liability.

City of Cupertino
Attn: Marilyn Pavlov
10300 Torre Ave
Cu
pertino, CA 95014-3202
11/07/2023
1-877-945-7378 1-888-467-2378
[email protected]
National Union Fire Insurance Company of P 19445
AIU Insurance Company 19399
W31015025
A
3,000,000
3,000,000
50,000,000
12,000,000
Y GL 1728978 09/01/2023 09/01/2024
A
5,000,000
09/01/202409/01/2023Y AL 4993211
A 10,000,000
25,000
38178804 09/01/2023 09/01/2024 10,000,000
WC 049154361
B Y 3,000,000
09/01/2023 09/01/2024 3,000,000
3,000,000
320086024933566SR ID: BATCH:

Willis Towers Watson Certificate Center

Page 1 of 2 ends

ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

Acuity Brands, Inc.

ONE LITHONIA WAY
CONYERS, GA 300123957
Waiver of Subrogation applies in favor of Additional Insureds with respects to Workers Compensation as permitted by law.
22 Willis Towers Watson Southeast, Inc.

See Page 1
See Page 1 See Page 1 See Page 1
25 Certificate of Liability Insurance
W31015025CERT:3200860BATCH:24933566SR ID:
 

















  
 
 


 





 




 

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SPECIMIncludes
This endorsement, effective 12:01 A.M.

ENDORSEMENT
09/01/2020 forms a part of
Policy No. CA 499-32-11 issued to ACUITY BRANDS, INC.
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

SCHEDULE
ADDITIONAL INSURED:

Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person's or organization's liability arising out of the use of a covered "auto".

I. SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add:
d . Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of:
( 1 ) The coverage and/or limits of this policy, or
( 2 ) The coverage and/or limits required by said contract or agreement.

AUTHORIZED REPRESENTATIVE
87950 (9/14) opyrighted information of Insurance Services Office, Inc., with its permission.

Page 1 of 1 ends

09/01/2023

09/01/20

AIU INSURANCE CO



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