C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 212
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contra ctor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
PHPK2221777
The City of Sunnyvale, its officers,
agents, employees and volunteers
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 213
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 214
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 11 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 11 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – MANAGERS OR
LESSORS OF PREMISES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designation Of Premises (Part Leased To You):
Name Of Person(s) Or Organization(s) (Additional Insured):
Additional Premium: $
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability arising out of the
ownership, maintenance or use of that part of the
premises leased to you and shown in the
Schedule and subject to the following additional
exclusions:
This insurance does not apply to:
1. Any "occurrence" which takes place after you
cease to be a tenant in that premises.
2. Structural alterations, new construction or
demolition operations performed by or on
behalf of the person(s) or organization(s)
shown in the Schedule.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
48834 Kato Rd Ste 110A
Fremont, CA 94538-7368
Included
Oak Grove School District
1 1
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 215
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
Berryessa Union School District
1 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 216
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
City of Cupertino, Its City Council,
Boards and Commissions, Officers,
Officials, Employees, Agents, Servants,
2 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 217
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
City of Fremont
3 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 218
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
City of Gilroy, its officers, officials
and employees
4 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 219
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
City of Milpitas
5 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 220
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
City of Mountain View Recreation
Division
6 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 221
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
City of San Mateo its elected and
appointed officials, employees, and
agents
7 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 222
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
Evergreen School District
8 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 223
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
Hayward Area Recreation and Park
District, and its officers, directors,
employees, agents & volunteers
9 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 224
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
KidzToPros
10 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 225
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
Menlo Park City School District
11 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 226
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
Millbrae School District
12 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 227
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
Milpitas Unified School District,
its officials, officers, employees and
volunteers
13 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 228
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
Newark Unified School District
its officers, employees, and agents
14 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 229
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
Nobel Learning Communities, Inc.
15 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 230
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
San Bruno Park School District
16 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 231
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
San Carlos School District
17 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 232
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
San Carlos School District
18 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 233
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
San Jose Unified School District
19 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 234
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
San Mateo Community College District
20 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 235
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
Santa Clara Unified School District
21 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 236
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
The City of Santa Clara,
its City Council,commissions,officers,
employees, volunteers and agents
22 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 237
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
The Palo Alto Unified School District,
Board of Trustees, its officers, agents,
employees and volunteers
23 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 238
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 29 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 29 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – GRANTOR OF FRANCHISE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to their lia bility as grantor of a
franchise to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
Mad Science Group, Inc
Mad Science Licensing, Inc.
1 1
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 239
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 21 16 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 21 16 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1
EXCLUSION – DESIGNATED PROFESSIONAL SERVICES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Description Of Professional Services
1. 2.
3. Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
With respect to any professional services shown in
the Schedule, the following exclusion is added to
Paragraph 2. Exclusions of Section I – Coverage A
– Bodily Injury And Property Damage Liability and
Paragraph 2. Exclusions of Section I – Coverage B
– Personal And Advertising Injury Liability:
This insurance does not apply to "bodily injury",
"property damage" or "personal and advertising injury"
due to the rendering of or failure to render any
professional service.
This exclusion applies even if the claims against any
insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or
monitoring of others by that insured, if the
"occurrence" which caused the "bodily injury" or
"property damage", or the offense which caused the
"personal and advertising injury", involved the
rendering of or failure to render any professional
service.
PHPK2221777
Excluding any and all Professional Liability Services.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 240
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT
COMMERCIAL GENERAL LIABILITY
CG 21 32 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 21 32 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1
COMMUNICABLE DISEASE EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following exclusion is added to Paragraph 2.
Exclusions of Section I – Coverage A – Bodily
Injury And Property Damage Liability:
2. Exclusions
This insurance does not apply to:
Communicable Disease
"Bodily injury" or "property damage" arising out
of the actual or alleged transmission of a com-
municable disease.
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the:
a. Supervising, hiring, employing, training or
monitoring of others that may be infected
with and spread a communicable disease;
b. Testing for a communicable disease;
c. Failure to prevent the spread of the dis-
ease; or
d. Failure to report the disease to authorities.
B. The following exclusion is added to Paragraph 2.
Exclusions of Section I – Coverage B – Per-
sonal And Advertising Injury Liability:
2. Exclusions
This insurance does not apply to:
Communicable Disease
"Personal and advertising injury" arising out of
the actual or alleged transmission of a commu-
nicable disease.
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the:
a. Supervising, hiring, employing, training or
monitoring of others that may be infected
with and spread a communicable disease;
b. Testing for a communicable disease;
c. Failure to prevent the spread of the dis-
ease; or
d. Failure to report the disease to authorities.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 241
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT
COMMERCIAL GENERAL LIABILITY
CG 21 47 12 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 21 47 12 07 © ISO Properties, Inc., 2006 Page 1 of 1
EMPLOYMENT-RELATED PRACTICES EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following exclusion is added to Paragraph 2.,
Exclusions of Section I – Coverage A – Bodily
Injury And Property Damage Liability:
This insurance does not apply to:
"Bodily injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's employment;
or
(c) Employment-related practices, policies,
acts or omissions, such as coercion, demo-
tion, evaluation, reassignment, discipline,
defamation, harassment, humiliation, dis-
crimination or malicious prosecution di-
rected at that person; or
(2) The spouse, child, parent, brother or sister of
that person as a consequence of "bodily injury"
to that person at whom any of the employment-
related practices described in Paragraphs (a),
(b), or (c) above is directed.
This exclusion applies:
(1) Whether the injury-causing event described in
Paragraphs (a), (b) or (c) above occurs before
employment, during employment or after em-
ployment of that person;
(2) Whether the insured may be liable as an em-
ployer or in any other capacity; and
(3) To any obligation to share damages with or
repay someone else who must pay damages
because of the injury.
B. The following exclusion is added to Paragraph 2.,
Exclusions of Section I – Coverage B – Per-
sonal And Advertising Injury Liability:
This insurance does not apply to:
"Personal and advertising injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's employment;
or
(c) Employment-related practices, policies,
acts or omissions, such as coercion, demo-
tion, evaluation, reassignment, discipline,
defamation, harassment, humiliation, dis-
crimination or malicious prosecution di-
rected at that person; or
(2) The spouse, child, parent, brother or sister of
that person as a consequence of "personal and
advertising injury" to that person at whom any
of the employment-related practices described
in Paragraphs (a), (b), or (c) above is directed.
This exclusion applies:
(1) Whether the injury-causing event described in
Paragraphs (a), (b) or (c) above occurs before
employment, during employment or after em-
ployment of that person;
(2) Whether the insured may be liable as an em-
ployer or in any other capacity; and
(3) To any obligation to share damages with or
repay someone else who must pay damages
because of the injury.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 242
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 21 53 01 96
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 21 53 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 oo EXCLUSION – DESIGNATED ONGOING OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Description of Designated Ongoing Operation(s):
Specified Location (If Applicable):
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The following exclusion is added to paragraph 2.,
Exclusions of COVERAGE A – BODILY INJURY
AND PROPERTY DAMAGE LIABILITY (Section I –
Coverages):
This insurance does not apply to "bodily injury" or
"property damage" arising out of the ongoing oper a-
tions described in the Schedule of this endorsement,
regardless of whether such operations are conducted
by you or on your behalf or whether the operations
are conducted for yourself or for others.
Unless a "location" is specified in the Schedule, this exclusion applies regardless of where such oper a-
tions are conducted by you or on your behalf. If a
specific "location" is designated in the Schedule of
this endorsement, this exclusion applies only to the
described ongoing operations conducted at that
"location".
For the purpose of this endorsement, "location"
means premises involving the same or connecting
lots, or premises whose connection is interrupted only
by a street, roadway, waterway or right-of-way of a
railroad.
PHPK2221777
Any work done at theme parks, i.e. entertainment/demonstrations.
All locations.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 243
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT
COMMERCIAL GENERAL LIABILITY
CG 21 67 12 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 21 67 12 04 © ISO Properties, Inc., 2003 Page 1 of 1
FUNGI OR BACTERIA EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following exclusion is added to Paragraph 2.
Exclusions of Section I – Coverage A – Bodily
Injury And Property Damage Liability:
2. Exclusions
This insurance does not apply to:
Fungi Or Bacteria
a. "Bodily injury" or "property damage" which
would not have occurred, in whole or in
part, but for the actual, alleged or threat-
ened inhalation of, ingestion of, contact
with, exposure to, existence of, or presence
of, any "fungi" or bacteria on or within a
building or structure, including its contents,
regardless of whether any other cause,
event, material or product contributed con-
currently or in any sequence to such injury
or damage.
b. Any loss, cost or expenses arising out of
the abating, testing for, monitoring, cleaning
up, removing, containing, treating, detoxify-
ing, neutralizing, remediating or disposing
of, or in any way responding to, or assess-
ing the effects of, "fungi" or bacteria, by any
insured or by any other person or entity.
This exclusion does not apply to any "fungi" or
bacteria that are, are on, or are contained in, a
good or product intended for bodily consump-
tion.
B. The following exclusion is added to Paragraph 2.
Exclusions of Section I – Coverage B – Per-
sonal And Advertising Injury Liability:
2. Exclusions
This insurance does not apply to:
Fungi Or Bacteria
a. "Personal and advertising injury" which
would not have taken place, in whole or in
part, but for the actual, alleged or threat-
ened inhalation of, ingestion of, contact
with, exposure to, existence of, or presence
of any "fungi" or bacteria on or within a
building or structure, including its contents,
regardless of whether any other cause,
event, material or product contributed con-
currently or in any sequence to such injury.
b. 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, "fungi" or bacteria, by any in-
sured or by any other person or entity.
C. The following definition is added to the Definitions Section:
"Fungi" means any type or form of fungus, includ-
ing mold or mildew and any mycotoxins, spores,
scents or byproducts produced or released by
fungi.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 244
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT
COMMERCIAL GENERAL LIABILITY
CG 21 70 01 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 21 70 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1
CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY
A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk
Insurance Act exceed $100 billion in a calendar
year and we have met our insurer deductible
under the Terrorism Risk Insurance Act, we shall
not be liable for the payment of any portion of the
amount of such losses that exceeds $100 billion,
and in such case insured losses up to that amount
are subject to pro rata allocation in accordance
with procedures establish ed by the Secretary of
the Treasury.
"Certified act of terrorism" means an act that is
certified by the Secretar y of the Treasury, in
accordance with the prov isions of the federal
Terrorism Risk Insurance Act, to be an act of
terrorism pursuant to such Act. The criteria
contained in the Terrorism Risk Insurance Act for
a "certified act of terrorism" include the following:
1. The act resulted in insured losses in excess of
$5 million in the aggregate, attributable to all
types of insurance subject to the Terrorism
Risk Insurance Act; and
2. The act is a violent act or an act that is
dangerous to human life, property or
infrastructure and is committed by an individual
or individuals as part of an effort to coerce the
civilian population of the United States or to
influence the policy or affect the conduct of the
United States Government by coercion.
B. The terms and limitations of any terrorism
exclusion, or the inappl icability or omission of a
terrorism exclusion, do not serve to create
coverage for injury or damage that is otherwise
excluded under this Coverage Part.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 245
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT
COMMERCIAL GENERAL LIABILITY
CG 22 71 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 22 71 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1
COLLEGES OR SCHOOLS (LIMITED FORM)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
With respect to the operation of any college or school
by you or on your behalf, the following provisions
apply:
A. With respect to the transportation of students,
Exclusion g. of Paragraph 2. Exclusions of
Section I – Coverage A – Bodily Injury And
Property Damage Liability is replaced by the
following:
2. Exclusions
This insurance does not apply to:
g. "Bodily injury" or "property damage" arising
out of the ownership, maintenance,
operation, use, "loading or unloading" or
entrustment to others of any aircraft, "auto"
or watercraft that is owned, operated or
hired by any insured. For the purpose of
this exclusion, the word hired includes any
contract to furnish transportation of your
students to and from schools.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of
others by that insured, if the "occurrence"
which caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others
of any aircraft, "auto" or watercraft that is
owned, operated or hired by any insured.
B. The following exclusions are added to Section I –
Coverage A – Bodily Injury And Property
Damage Liability and Section I – Coverage B –
Personal And Advertising Injury Liability:
1. If the college or school owns or operates an
infirmary with facilities for lodging and
treatment or a public clinic or hospital, this
insurance does not apply to "bodily injury",
"property damage", or "personal and
advertising injury" caused by:
a. The rendering of or failure to render:
(1) Medical, surgical, dental, X-ray or
nursing service, treatment, advice or
instruction, or the related furnishing of
food or beverages;
(2) Any health or therapeutic service,
treatment, advice or instruction; or
(3) Any service, treatment, advice or
instruction for the purpose of
appearance or skin enhancement, hair
removal or replacement or personal
grooming.
b. The furnishing or dispensing of drugs or
medical, dental or surgical supplies or
appliances; or
c. The handling or treatment of dead bodies,
including autopsies, organ donation or other
procedures.
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the "occurrence" which caused
the "bodily injury" or "property damage", or the
offense which caused the "personal and
advertising injury", involved that which is
described in Paragraph a., b. or c.
2. This insurance does not apply to "bodily injury"
to any person while practicing for or
participating in any sports or athletic contest or
exhibition if there is no direct management,
organization or supervision of such sports or
athletic contest or exhibition by any insured.
C. The following exclusion is added to Section I –
Cov
erage C – Medical Payments:
We will not pay expenses for "bodily injury" to your
student.
D. Section II – Who Is An Insured is amended to
include as an insured any of the following but only
with respect to their duties in connection with the
positions described below:
1. Any of your trustees or members of your Board
of Governors if you are a private charitable or
educational institution;
2. Any of your board members or commissioners
if you are a public board or commission; or
3. Any student teachers teaching as part of their
educational requirements.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 246
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT
COMMERCIAL GENERAL LIABILITY
CG 24 02 12 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 24 02 12 04 © ISO Properties, Inc., 2003 Page 1 of 1
BINDING ARBITRATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
PRODUCT WITHDRAWAL COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY
If we and the insured do not agree whether coverage
is provided under this Coverage Part for a claim made
against the insured, then either party may make a
written demand for arbitration.
When this demand is made, each party will select an
arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that
selection be made by a judge of a court having juris-
diction. Each party will:
1. Pay the expenses it incurs; and
2. Bear the expenses of the third arbitrator
equally.
Unless both parties agree otherwise, arbitration will
take place in the county or parish in which the ad-
dress shown in the Declarations is located. Local
rules of law as to procedure and evidence will apply.
A decision agreed to by two of the arbitrators will be
binding.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 247
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 25 02 07 98
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 25 02 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1
AMENDMENT OF LIMITS OF INSURANCE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Limits Of Insurance
General Aggregate Limit $
Products-Completed Operations Aggregate Limit $
Personal & Advertising Injury Limit $
Each Occurrence Limit $
Damage To Premises Rented To You Limit $ Any One Premises Medical Expense Limit $ Any One Person
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The limits of insurance shown in the Declarations are replaced by the limits designat ed in the Schedule or in the Declarations as subject to this endorsement with respect to which an entry is made.
PHPK2221777
1,000,000
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 248
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT
COMMERCIAL GENERAL LIABILITY
CG 32 34 01 05
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 32 34 01 05 © ISO Properties, Inc., 2004 Page 1 of 1
CALIFORNIA CHANGES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCT WITHDRAWAL COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY
The term "spouse" is replaced by the following:
Spouse or registered domestic partner under Califor-
nia law.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 249
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT Philadelphia Indemnity Insurance Company
PI-GL-001 (09/17)
©2017 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc., with permission.
PI-GL-001 (09/17)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - LEAD LIABILITY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to paragraph 2., Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1 - Coverages) and paragraph 2., Exclusions of COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY (Section 1 - Coverages):
This insurance does not apply to:
1. “Bodily injury,” “property damage,” or “personal and advertising injury” arising out of or caused by the actual or alleged:
a. Exposure to or existence of lead, paint containing lead, or any other material or substance containing lead;
b. Manufacture, distribution, sale, resale, rebranding, installation, repair, removal, encapsulation, abatement, replacement or handling of lead, paint containing lead, or any other material or substance containing lead;
Whether or not the lead is or was at any time airborne as a particulate, contained in a product ingested, inhaled, transmitted in any fashion, or found in any form whatsoever.
2. Any legal obligation of any insured for indemnification or contribution due to damages arising out of “bodily injury,” “property damage” or “personal and advertising injury” caused by lead, paint containing lead, or any other substance or material containing lead.
3. Any loss, cost, expense or damages, whether direct or consequential, arising out of any:
(a) Request, demand or order that any insured or others test for, monitor, clean up, remove, abate, contain, treat or neutralize lead, paint containing lead, or any other substance or material containing lead, or in any way respond to, or assess the effects of lead; or
(b) Claim or suit related to, testing for, monitoring, cleaning up, removing, abating, containing, treating DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 250
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT Philadelphia Indemnity Insurance Company
PI-GL-001 (09/17)
©2017 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc., with permission.
or neutralizing lead, paint containing lead, or any other substance or material containing lead or in any way responding to or assessing the effects of lead.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 251
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT PI-GL-002 CA (02/08)
Includes copyright material of the Insurance Services Office, Inc. used with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION – ASBESTOS LIABILITY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2., Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY ( SECTION I – COVERAGES ) and Paragraph 2., Exclusions of COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY (SECTION I – COVERAGES):
This insurance does not apply to:
“Bodily injury,” “property damage,” and “personal and advertising injury” arising out of:
1. Inhaling, ingesting or prolonged physical exposure to asbestos or goods or products containing asbestos;
2. The use of asbestos in constructing or m anufacturing any good, product or structure;
3. The removal of asbestos from any good, product or structure; or
4. The manufacture, sale, transportation, storage or disposal of asbestos or goods or products containing asbestos.
The coverage afforded by this policy does not apply to payment for the investigation or defense of any loss or “suit,” injury or damage or any cost, fine or penalty or for any expense or claim or “suit” related to any of the above.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 252
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT PI-GL-005 (07/12)
Page of
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
PRIMARY AND NON-CONTRIBUTORY INSURANCE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Effective Date:
Name of Person or Organization (Additional Insured):
SECTION II – WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” arising out of or relating to your negligence in the performance of “your work” for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule.
This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization.
This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or ”occurrence” we cover for this Additional Insured.
The Additional Insured’s limits of insurance do not increase our limits of insurance, as described in SECTION III – LIMITS OF INSURANCE.
All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged.
when required by written contract
03/20/2018
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DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT PI-GL-005 (07/12)
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Includes copyrighted material of Insurance Services Office, Inc., with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
PRIMARY AND NON-CONTRIBUTORY INSURANCE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Effective Date:
Name of Person or Organization (Additional Insured):
SECTION II – WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” arising out of or relating to your negligence in the performance of “your work” for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule.
This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization.
This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or ”occurrence” we cover for this Additional Insured.
The Additional Insured’s limits of insurance do not increase our limits of insurance, as described in SECTION III – LIMITS OF INSURANCE.
All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged.
Moffett Towers II Association LLC
Paul Holdings Inc. dba Jay Paul Company
07/03/2019
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DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 254
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT Philadelphia Indemnity Insurance Company
PI-GLD-VS (05/17)
PI-GLD-VS (05/17)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY DELUXE ENDORSEMENT
SCHOOLS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.
Coverage Applicable Limit of Insurance Page #
Damage to Premises Rented to You $300,000 2
Extended Property Damage included 2
Non-Owned Watercraft Less than 58 feet 2
Supplementary Payments – Bail Bonds $2,500 2
Supplementary Payment – Loss of Earnings $500 per day 2 Medical Payments $15,000 3
Medical Payments – Extended Reporting Period 3 years 3 Employee Indemnification Defense Coverage for Employee $25,000 3 Additional Insured – Medical Directors and Administrators Included 3 Additional Insured – Managers and Supervisors Included 3 Additional Insured – Broadened Named Insured Included 3 Additional Insured – Funding Source Included 3
Additional Insured – Managers or Lessors of Premises Included 4 Additional Insured – By Contract, Agreement or Permit Included 4 Additional Insured – Broad Form Vendors Included 4
General Aggregate – Per Campus Included 5
Duties in the Event of Occurrence, Claim or Suit Included 6 Other Insurance – Primary Additional Insured Included 6 Other Insurance – You Are An Additional Insured On
Another Person’s Or Organization’s Policy
Included 7
Unintentional Failure to Disclose Hazards Included 8
Liberalization Included 8
Bodily Injury – includes Mental Anguish Included 8
Personal and Advertising Injury – includes Abuse of
Process, Discrimination
Included 8
Transfer of Rights of Recovery Against Others To Us Clarification 9 Science Laboratory “Occurrence” $50,000 9
Medical Incident Liability – Nurse and Athletic Trainer Included 9
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 255
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT Philadelphia Indemnity Insurance Company
PI-GLD-VS (05/17)
PI-GLD-VS (05/17)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
A. Damage to Premises Rented to You
1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word “fire” is changed to “fire, lightning, explosion, smoke, or leakage from automatic fire protective systems” where it appears in:
a. The last paragraph of SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions;
b. SECTION III - LIMITS OF INSURANCE, Paragraph 6.;
c. SECTION V – DEFINITIONS, Paragraph 9.a.
2. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the words “Fire insurance” are changed to “insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems” where it appears in:
a. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance
3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of:
a. $300,000; or
b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit.
This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof.
B. Extended “Property Damage”
SECTION I - COVERAGES. COVERAGE A, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted and replaced by the following:
a. Expected or Intended Injury
“Bodily Injury” or “Property Damage” expected or intended from the standpoint of the insured.
This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property.
C. Non-Owned Watercraft
SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is amended to read as follows:
(2) A watercraft you do not own that is:
(a) Less than 58 feet long; and
(b) Not being used to carry persons or property for a charge;
This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insur ance available to the insured whether primary, excess or contingent.
D. Supplementary Payments
Under the SUPPLEMENTARY PAYMENTS - COVERAGE A AND B provision, Items 1.b. and 1.d.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 256
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT Philadelphia Indemnity Insurance Company
PI-GLD-VS (05/17)
PI-GLD-VS (05/17)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. are amended as follows:
1. The limit for the cost of bail bonds is changed from $250 to $2,500; and
2. The limit for loss of earnings is changed from $250 a day to $500 a day.
E. Medical Payments - Limit Increased to $15,000, Extended Reporting Period
If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part:
1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of:
a. $15,000; or
b. The Medical Expense Limit shown in the Declarations of this Coverage Part.
2. SECTION I – COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, the second part of Paragraph a. is amended to read:
provided that:
(2) The expenses are incurred and reported to us within three years of the dat e of the accident;
F. Employee Indemnification Defense Coverage
Under the SUPPLEMENTARY PAYMENTS - COVERAGES A AND B provision, the following is added:
3. We will pay, on your behalf, defense costs incurred by an “employee” in a criminal proceeding.
The most we will pay for any “employee” who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of “employees”, claims or “suits” brought or persons or organizations making claims or bringing “suits”.
G. SECTION II - WHO IS AN INSURED is amended as follows:
1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a. is changed to read:
a. Coverage under this provision is afforded until the end of the policy period.
2. Each of the following is also an insured:
a. Medical Directors and Administrators - Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such.
b. Managers and Supervisors - If you are an organization other than a partnership or joint venture, your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors.
c. Broadened Named Insured - Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance.
d. Funding Source - Any person or organization with respect to their liability arising out of:
(1) Their financial control of you; or
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 257
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT Philadelphia Indemnity Insurance Company
PI-GLD-VS (05/17)
PI-GLD-VS (05/17)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2) Premises they own, maintain or control while you lease or occupy these premises.
This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization.
e. Managers or Lessors of Premises - Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased to you subject to the following additional exclusions:
This insurance does not apply to:
(1) Any “occurrence” which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization.
f. By Contract, Agreement or Permit - Any person or organization with whom you agreed, because of a written contract or agreement or permit, to provide insurance such as is afforded under this policy, but only with respect to your operations, “your work” or facilities owned or used by you.
(1) This provision does not apply:
(a) Unless the written contract or agreement has been executed or permit has been issued prior to the “bodily injury,” “property damage,” “personal and advertising injury”:
(b) To any person or organization included as an insured under g. Broad Form Vendors below; or
(c) To any person or organization included as an insured by an endorsement issued by us and made a part of this Coverage Part.
(2) When an engineer, architect or surveyor becomes an insured under this Coverage Part, the following additional exclusion applies:
(a) “Bodily injury”, “property damage”, “personal and advertising injury” arising out of the rendering of or the failure to render any professional services by or for you, including:
(i) The preparing, approving, or failing to approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; and
(ii) Supervisory, inspection, or engineering services. (3) When a lessor of leased equipment becomes an insured under this Coverage Part, the following additional exclusions apply:
(a) To any “occurrence” which takes place after the equipment lease expires; or (b) To “bodily injury” or “property damage” arising out of the sole negligence of the lessor. (4) When owners or other interests from whom land has been leased become an insured under this Coverage Part, the following additional exclusions apply:
(a) Any “occurrence” which takes place after you cease to lease that land; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of the owners or other interests from whom land has been leased.
g. Broad Form Vendors - Any person or organization with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to “bodily injury” or “property damage” arising out of “your products” which are distributed or sold in the regular course of the vendor’s business, subject to the following additional exclusions.
(1) The insurance afforded the vendor does not apply to:
(a) “Bodily injury” or “property damage” for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement;
(b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing or substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 258
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT Philadelphia Indemnity Insurance Company
PI-GLD-VS (05/17)
PI-GLD-VS (05/17)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor’s premises in connection with sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor .
(2) This provision does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products.
(3) This provision does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Coverage Part.
(4) This provision does not apply if “bodily injury” or “property damage” included within the “products-completed operations hazard” is excluded either by the provisions of the Coverage Part or by endorsement.
H. Per Campus – General Aggregate
SECTION III – LIMITS OF INSURANCE is amended to include the following provisions:
1. For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under SECTION I – COVERAGE, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under SECTION I – COVERAGE, COVERAGE C MEDICAL PAYMENTS which can be attributed only to operations at a single designated “campus” shown in the Declarations:
a. A separate Per Campus General Aggregate Limit is applicable to each single designated “campus” shown in the Declarations and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations.
b. The Per Campus General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard,” and for medical expenses under COVERAGE C regardless of the number of:
(1) Insureds;
(2) Claims made or “suits” brought; or
(3) Persons or organizations making claims or bringing “suits.”
c. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Per Campus General Aggregate Limit for that designated “campus.” Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Per Campus General Aggregate Limit for any other designated “campus” shown in the Declarations.
d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Per Campus General Aggregate Limit.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 259
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT Philadelphia Indemnity Insurance Company
PI-GLD-VS (05/17)
PI-GLD-VS (05/17)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
2. For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under SECTION I – COVERAGE, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABIITY, and for all medical expenses caused by accidents under SECTION I – COVERAGE, COVERAGE C MEDICAL PAYMENTS which cannot be attributed only to operations at a single designated “campus” shown in the Declarations:
a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and
b. Such payments shall not reduce any separate designated “campus” General Aggregate Limit.
3. When coverage for liability arising out of the “products-completed operations hazard” is provided, any payment for damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard” will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Per Campus General Aggregate Limit.
4. SECTION V – DEFINITIONS is amended by adding the following:
“Campus” is defined as premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.
5. The provisions of SECTION III – LIMITS OF INSURANCE not otherwise modified by the above shall continue to apply as stipulated.
I. Duties in the Event of Occurrence, Claim or Suit
1. The requirement in Paragraph 2.a. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we are notified as soon as practicable of an “occurrence” or an offense, applies only when the “occurrence” or offense is known to:
a. You, if you are an individual;
b. A partner, if you are a partnership; or
c. An executive officer or insurance manager, if you are a corporation.
2. The requirement in Paragraph 2.b. of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we receive notice of a claim or “suit” as soon as practicable will not be considered breached unless the breach occurs after such claim or “suit” is known to:
a. You, if you are an individual;
b. A partner, if you are a partnership; or
c. An executive officer or insurance manager, if you are a corporation.
J. Other Insurance – Primary Additional Insured
1. If the written contract or agreement or permit requires this insurance to be primary for any person or organization with whom you agree to include in SECTION II - WHO IS AN INSURED, then SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance is replaced by the following:
If other valid and collectible insurance is available for a loss we cover under COVERAGE A of this Coverage Part, our obligations are limited as follows:
a. Primary Insurance - This insurance is primary. We will not seek contributions from other DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 260
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT Philadelphia Indemnity Insurance Company
PI-GLD-VS (05/17)
PI-GLD-VS (05/17)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. insurance available to the person or organization with whom you agree to include in SECTION II - WHO IS AN INSURED, except when 2. below applies.
b. Excess Insurance -This insurance is excess over any of the other insurance whether primary, excess, contingent or any other basis:
(1) That is Fire, Extended Coverage, Builder’s Risk, Installation Risk or similar coverage for “your work”;
(2) That is Fire, lightning or explosion insurance for premises rented to you; or temporarily occupied by you with permission of the owner; or
(3) If the loss arises out of the maintenance or use of aircraft, “autos” or watercraft to the extent not subject to SECTION I – COVERAGE, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g.
When this insurance is excess, we will have no duty under Coverages A or B to defend any claim or “suit” that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured’s rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
(2) The total of all deductible and self-insured amounts under all other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this excess insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.
c. Method of Sharing - If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.
If any or the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer’s contribution is based on the ratio of its applicable limits of insurance of all insurers.
2. This provision only applies with respect to your operations, “your work” or facilities owned or used by you.
K. Other Insurance – You Are An Additional Insured On Another Person’s Or Organization’s Policy
If you are an insured under SECTION II - WHO IS AN INSURED, then SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. OTHER INSURANCE, Paragraph b. Excess Insurance is replaced by the following:
This insurance is excess over any other insurance, whether primary, excess, contingent or on any other basis:
1. That is Fire, Extended Coverage, Builders Risk, Installation Risk or similar coverage for “your work”;
2. That is Fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner;
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 261
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT Philadelphia Indemnity Insurance Company
PI-GLD-VS (05/17)
PI-GLD-VS (05/17)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
3. If the loss arises out of the maintenance or use of aircraft, “autos” or watercraft to the extent not subject to SECTION I – COVERAGE, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g.; or
4. When any of the Named Insureds, under this Coverage Part, are additional insureds under a commercial general liability policy or similar insurance of another party.
When this insurance is excess, we will have no duty under Coverages A or B to defend any claim or “suit” that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured’s rights against all those other insureds.
When this insurance is excess or other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
1. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
2. The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.
L. Unintentional Failure To Disclose Hazards
It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.
M. Liberalization
If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state.
N. Bodily Injury - Mental Anguish
SECTION V – DEFINITIONS, Paragraph 3. is changed to read:
“Bodily Injury”:
a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and
b. Except for mental anguish, includes death resulting from the foregoing (item a. above) at any time.
O. Personal and Advertising Injury – Abuse of Process, Discrimination
If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of “personal and advertising injury” is amended as follows:
1. SECTION V – DEFINITIONS, Paragraph 14. b. is revised to read:
b. Malicious prosecution or abuse of process:
2. SECTION V – DEFINITIONS, Paragraph 14. is amended to include the following:
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 262
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT Philadelphia Indemnity Insurance Company
PI-GLD-VS (05/17)
PI-GLD-VS (05/17)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. “Personal Injury” also means discrimination based on race, color, religion, sex, age or national origin, except when:
a. Done intentionally by or at the direction of, or with the knowledge or consent of:
(1) Any insured; or
(2) Any executive officer, director, stockholder, partner or member of the insured; or b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; or
c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling.
The above does not apply to fines or penalties imposed because of discrimination.
P. Transfer of Rights of Recovery Against Others To Us
As a clarification, the following is added to SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 8. Transfer of Rights of Recovery Against Others To Us:
Therefore, the insured can waive the insurer’s Rights of Recovery prior to the occurrence of a loss, provided the waiver is made in a written contract.
Q. Science Laboratory “Occurrence”
SECTION I – COVERAGE, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph f. does not apply to any “bodily injury” or “physical damage” arising out of a fire or “occurrence” in any of your science laboratories while teaching is being conducted in that laboratory, subject to a $50,000 per policy limit.
R. Medical Incident Liability-Nurse and Athletic Trainer
1. SECTION II – WHO IS AN INSURED, Subparagraph 2.a. (1) (d) is deleted and replaced by the following:
(d) Arising out of his or her providing or failing to provide professional medical services. This paragraph does not apply to a registered or practical nurse or athletic trainer, while acting within the scope of his or her duties for the Named Insured and arising out of a “medical incident”.
2. SECTION V – DEFINITIONS, 13. is deleted and replaced by the following:
“Occurrence” means an accident, including continuous or repeated exposure to substantially the same general harmful conditions, and “medical incident”.
3. The following definition is added to SECTION V – DEFINITIONS:
“Medical Incident” means any act or omission in the furnishing or failure to furnish professional medical services by the insured or any person acting under the personal direction, control, or supervision of the insured. Any such act or omission together with all related act s or omissions in the furnishing of such services to any one person shall be considered one “medical incident”.
“Medical incident” does not include any actual, alleged or threatened emotional, physical, or sexual abuse of any patient or professional medical services recipient.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
2.D.a
Packet Pg. 263
Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT Philadelphia Indemnity Insurance Company
PI-SAM-006 (01/17)
PI-SAM-006 (01/17)
Includes copyrighted material of Insurance Services Office, Inc., with permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ABUSE OR MOLESTATION EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2. Exclusions of SECTION I – COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Paragraph 2. Exclusions of SECTION I – COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY:
This insurance does not apply to any injury sustained by any person arising out of or resulting from the alleged, actual or threatened abuse or molestation by anyone.
We shall not have any duty to defend any “suit” against any insured seeking damages on account of any such injury.
This exclusion applies to all injury sustained by any person, including emotional distress, arising out of molestation or abuse whether alleged, actual or threatened including but not limited to molestation or abuse arising out of your negligence or other wrongdoing with respect to:
1. Hiring, placement, employment, training;
2. I nvestigation;
3. Supervision;
4. Reporting any molestation or abuse to the proper authorities, or failure to so report; or
5. Retention;
of a person for whom any insured is or ever was legally responsible or for whom any insured may have assumed the liability; and whose conduct would be excluded above.
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PI-SE-001 (07/18)
PI-SE-001 (07/18)
Page of
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SPECIAL EVENTS ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMM
ERCIAL GENERAL LIABILITY COVERAGE PART
A. This
insurance applies to “bodily injury”, “property damage”, and “personal and advertising injury” arising out of all of your special events with the following exceptions unless scheduled in paragraph C. SCHEDULE OF SPECIAL EVENTS below:
• Parades
sponsored by the Insured
• Shooting activities
• Fireworks
• Carnivals and fairs with mechanical rides sponsored by the Insured • Hip-Hop or Rap concerts
• Events including contact sports
• Rodeos sponsored by the Insured
• Political Rallies
• Any event with greater than 2,500 people at any one time (including otherwise acceptable events)
• Any event with liquor provided by the Insured if a license is required for such activity.
B. Sec
tion II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) related to your special events, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. .
C. SCHE
DULE OF SPECIAL EVENTS:
Event(s) Date(s)
This
endorsement is not intended to replace, supersede or provide additional coverage or l imits for a special event(s) if there is a separate policy in place providing coverage for the same special event(s). 1 1
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EDUCATORS PROFESSIONAL LIABILITY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SECTION I - COVERAGE
Coverage A, of the Commercial General Liability Coverage Form, is extended to provide Professional Liability
Coverage, subject to the following:
1. INSURING AGREEMENT
A) We will pay those sums that the insured becomes
legally obligated to pay as “damages” because of:
(1) an error or omission as respects technical
training;
(2) an error or omission as respects career
counseling, job placements and referrals;
(3) an error or omission as respects admissions
practices; or
(4) an error or omission in the performance of
work or services for others by a student in
training;
to which this insurance applies. We will have the
right and duty to defend any "suit" seeking these
“damages”. We may at our discretion investigate
and settle any claim or "suit". But:
1) The amount we will pay for “damages” is limited as
described in LIMITS OF INSURANCE
(SECTION III); and
2) Our right and duty to defend ends when we have
used up the applicable limit of insurance in the
payment of judgments or settlements under
Coverage A or B or medical expenses under
coverage C.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS.
B) This insurance applies only if:
1) The error or omission takes place in the
"coverage territory"; and
2) The error or omission occurs during the policy
period.
2) EXCLUSIONS
A) The exclusions included in the Commercial
General Liability Coverage form, Coverage A , or
made part of that form by endorsement, will also
apply to the Professional Liability Coverage. In
those exclusions, the terms "bodily injury" or
"property damage" are replaced by the term
"damages" with respect to the coverage provided
by this endorsement.
B) In addition, Professional Liability Coverage does not apply to “damages” arising out of:
1) the rendering or failure to render any ear
piercing, chiropody, hearing aid, optical or
optometrical service or treatment or the
rendering or failure to render professional
services in connection with the making of a
blood donation.
2) the rendering or failure to render professional
services by any physician, surgeon, dentist,
psychiatrist, anesthesiologist, nurse
anesthetist, nurse midwife, x-ray therapist,
radiologist, chiropodist, chiropractor,
optometrist, veterinarian, real estate or
investment manager, lawyer, engineer,
architect or accountant or any consultant,
including but not limited to, computer,
systems, management, financial or business
consultants.
3) the assumption of liability in a contract or
agreement. This exclusion does not apply to
liability for “damages” that the insured would
have in the absence of the contract or
agreement.
4) the performance by any insured of a criminal or
fraudulent act.
5) the prescription, utilization, furnishing or
dispensing of drugs, or medical, dental, or
nursing supplies or appliances, except as
directed by a physician and in the normal
practice as a school nurse.
6) discrimination or alleged discrimination on account
of, but not limited to, race, disability, religion,
sex, age or national origin.
7) any demotion, dismissal, failure to promote or any
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8) any obligation for which the insured may be held
liable under the employment Retirement
Income Security Act of 1974 (as amended) or
any similar federal or state law;
9) any claim, obligation, offense or expense based
upon, arising out of, directly or indirectly
resulting from or in consequence of , audit
exceptions, questioned costs or expenditures,
administration or the wrongful receipt or usage
of any Federal or State funding, including but
not limited to, Department of Labor Program
Funds and Job Training and Partnership Act
funds.
SUPPLEMENTARY PAYMENTS
The Professional Liability Coverage is subject to the
SUPPLEMENTARY PAYMENTS section of the
Commercial General Liability Coverage Form.
SECTION II - WHO IS AN INSURED
With respect to the coverage described in this
endorsement, Section II - WHO IS AN INSURED of the
Commercial General Liability Coverage Form is replaced
as follows:
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are insureds,
but only with respect to the conduct of a
business of which you are the sole owner.
b. A partnership or joint venture, you are an insured.
Your members, your partners, and their
spouses are also insureds, but only with
respect to the conduct of your business.
c. An organization other than a partnership or joint
venture, you are an insured. Your executive
officers and directors are insureds, but only with
respect to their duties as your officers or
directors. Your stockholders are also insureds,
but only with respect to their liability as
stockholders.
2. Each of the following is also an insured:
a. Your:
1) “Employees”; and
2) Students in training;
but only for acts within their status as “employees”
or students in training for the Named Insured.
However, none of these “employees” or students
in training is an insured for:
1) “damages” arising out of providing or failing to
provide professional health care services as a
physician or dentist, or as a person responsible
for the supervision of any of the above named
professionals;
2) “damages” to you or any of your “employees” or
students in training;
3) damage or destruction of property owned,
occupied by, rented to or loaned to you or any
of your “employees” or students in training;
4) “damages” arising out of providing or failing to
provide professional services or advice as an
attorney, accountant, architect, engineer, or as
a person responsible for the supervision of any
of the above named professionals.
b. Any organization you newly acquire or form, other
than a partnership or joint venture, and over which
you maintain ownership or majority interest, will be
deemed to be a Named Insured if there is no other
similar insurance available to that organization.
However:
1) Coverage under this provision is afforded only until the 90th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier; and
2) Professional Liability Coverage does not apply to a
error or omission that occurred before you
acquired or formed the organization.
No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the
Declarations.
SECTION III - LIMITS OF INSURANCE
The Professional Liability Coverage is included as part of Coverage A in Section III - LIMITS OF INSURANCE of the Commercial General Liability Coverage Form. A separate
limit of insurance is not provided for Professional Liability Coverage.
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In addition, it is agreed that:
a. All Professional Liability Coverage claims will be
combined with all other claims subject to the GENERAL
AGGREGATE LIMIT and the combination will be
subject to the GENERAL AGGREGATE LIMIT.
b. With respect to the Professional Liability Coverage, an error or omission for which this insurance applies shall be considered an “occurrence” and is subject to the
Each Occurrence Limit.
c. Interrelated errors or omissions or a series of similar or related errors or omissions shall be:
1. Considered a single “occurrence”; and
2. Considered to have occurred only during the policy
period or during any prior or subsequent policy
period in which the earliest of the interrelated errors or omissions, or the earliest of a series of similar or related errors or omissions, occurred. All resulting
claims shall be assigned to only one policy (whether
issued by this or any another insurer) and if that is
this policy, only one Occurrence Limit shall apply.
SECTION IV - CONDITIONS
The Professional Liability Coverage is subject to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS of
the Commercial General Liability Coverage Form.
In addition, it is agreed that:
a. Under Section IV paragraph 2., Duties In The Event of Occurrence, Offense, Claim Or Suit, a error or omission which may result in a Professional Liability Coverage
claim will be subject to the same requirements as an
“occurrence”.
b. Under Section IV paragraph 4., Other Insurance,
subsection b., Excess Insurance, the following is
added to the first paragraph:
(4) If the coverage is provided under this policy by the Educators Professional Liability Coverage
Endorsement.
c. The following condition is added to Section IV.
10. Two or more coverage forms or policies issued by
us.
It is our stated intention that the various coverage
parts or policies issued to you by us, or any company
affiliated with us, do not provide any duplication or
overlap of coverage for the same claim or “suit”. We
have exercised diligence to draft our coverage parts
or policies to reflect this intention, but should the
circumstances of any claim or "suit" give rise to such
duplication or overlap of coverage then,
notwithstanding the other insurance provision, if this
policy and any other coverage part or policy issued
to you by us, or any company affiliated with us, apply
to the same error or omission, occurrence, offense,
wrongful act, accident or loss, the maximum Limit of
Insurance under all such coverage parts or policies
combined shall not exceed the highest applicable
Limit of Insurance under any one coverage part or
policy.
This condition does not apply to any Excess or Umbrella Policy issued by us specifically to apply as excess
insurance over this policy.
SECTION V - DEFINITIONS
The Professional Liability Coverage is subject to SECTION V - DEFINITIONS of the Commercial General Liability
Coverage Form.
In addition, it is agreed that:
1. With respect to the Professional Liability Coverage, The definition of “suit” is amended as follows:
“Suit” means a civil proceeding in which “damages”
to which this insurance applies are alleged. “Suit”
includes:
a. An arbitration proceeding in which such “damages”
are claimed and to which you must submit or do
submit with our consent; or
b. Any other alternative dispute resolution proceeding
in which such “damages” are claimed and to which
you submit with our consent.
2. The following definition is added:
"Damages" shall mean money an insured is legally
obligated to pay as damages or settlement. But,
“damages” shall not include:
1. criminal or civil fines or penalties imposed by law; or
2. taxes; or
3. matters deemed uninsurable under the law to
which this Policy shall be construed; or
4. punitive or exemplary damages or the multiple
portion of any damages award.
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Philadelphia Indemnity Insurance Company
© 2016 Philadelphia Consolidated Holding Corp.
PI-VS-008 (05/16)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Educators Professional Liability Amendatory Endorsement
This endorsement modifies insurance provided under the following coverage parts:
Educators Professional Liability
The following replaces 2) Exclusions paragraph B.4. under SECTION I - COVERAGE.
4. Any actual or alleged dishonest, fraudulent, malicious, cr iminal or intentional act or omission, or any willful violation of law by an “Insured” including:
a. the violation of any antitrust or false or deceptive advertising or trade practices, consumer fraud or tortious interference with contract or prospective contractual or business relationship; or b. any "Claim" for disgorgement or restitution of profits or return of money received, excessive fees, including any “Insured” gaining profit, advantage or remuneration to which they were not legally entitled.
The following is added under 2) EXCLUSIONS paragraph B. under SECTION I - COVERAGE
10. “Damages” from any “Claim” based upon, arising from, or in any way involving the Insured’s failure to achieve or maintain accredited status or licensing by any academic, professional or governmental body.
The following replaces paragraph 2. under SECTION V- Definitions "Damages" shall mean money an insured is legally obligated to pay as damages or settlement. But, “damages” shall not include:
1. criminal or civil fines or penalties imposed by law; or
2. taxes; or
3. matters deemed uninsurable under the law to which this Policy shall be construed; or
4. punitive or exemplary damages or the multiple portion of any damages award; or.
5. costs and attorney’s fees awarded pursuant to judg ments or findings, or court, administrative or arbitration order; or
6. Any demand for the return of funds or gifts, includi ng those that the “Insured” received under any type of grant, program, contract, loan, or similar agreement or arrangement brought by or on behalf of a government agency or any other entity or person; or
7. Return of tuition or fees, restitut ion, disgorgement or unjust enrichment.
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COMMERCIAL AUTO
CA 00 01 03 10
CA 00 01 03 10 © Insurance Services Office, Inc., 2009 Page 1 of 12
BUSINESS AUTO COVERAGE FORM
Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your" re-
fer to the Named Insured shown in the Declarations.
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 V –
Definitions.
SECTION I – COVERED AUTOS
Item Two of the Declarations shows the "autos" that
are covered "autos" for each of your coverages. The
following numerical symbols describe the "autos" that
may be covered "autos". The symbols entered next to
a coverage on the Declarations designate the only
"autos" that are covered "autos".
A. Description Of Covered Auto Designation
Symbols
Symbol Description Of Covered Auto Designation Symbols
1 Any "Auto"
2 Owned "Autos"
Only
Only those "autos" you own (and for Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" you ac quire ownership of after the policy begins.
3 Owned Private
Passenger
"Autos" Only
Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy begins. 4 Owned
"Autos" Other
Than Private
Passenger
"Autos" Only
Only those "autos" you own that are not of the private passenger type (and for Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" not of the private passenger type you acquire ownership of after the policy begins.
5 Owned "Autos"
Subject To
No-fault
Only those "autos" you own that are required to have no-fault benefits in the state where they are licensed or principally garaged. This includes those "autos" you acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos"
Subject To A
Compulsory
Uninsured
Motorists Law
Only those "autos" you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement.
7 Specifically
Described
"Autos"
Only those "autos" described in Item Three of the Declarations for which a premium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos"
Only
Only those "autos" you lease, hire, rent or borrow. This does not include any "au to" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households.
9 Non-owned
"Autos" Only
Only those "autos" you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability com pany) or members of their households but only while used in your business or your personal affairs.
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19 Mobile Equip-
ment Subject To
Compulsory Or
Financial
Responsibility
Or Other Motor
Vehicle Insur-
ance Law Only
Only those "autos" that are land vehicles and that would qualify under the defini tion of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged.
B. Owned Autos You Acquire After The Policy
Begins
1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered
next to a coverage in Item Two of the Declara-
tions, then you have coverage for "autos" that
you acquire of the type described for the re-
mainder of the policy period.
2. But, if Symbol 7 is entered next to a coverage
in Item Two of the Declarations, an "auto" you
acquire will be a covered "auto" for that cover -
age only if:
a. We already cover all "autos" that you own
for that coverage or it replaces an "auto"
you previously owned that had that cover -
age; and
b. You tell us within 30 days after you acquire
it that you want us to cover it for that cover -
age.
C. Certain Trailers, Mobile Equipment And
Temporary Substitute Autos
If Liability Coverage is provided by this c overage
form, the following types of vehicles are also cov -
ered "autos" for Liability Coverage:
1. "Trailers" with a load capacity of 2,000 pounds
or less designed primarily for travel on public
roads.
2. "Mobile equipment" while being carried or
towed by a covered "auto".
3. Any "auto" you do not own while used w ith the
permission of its owner as a temporary substi -
tute for a covered "auto" you own that is out of
service because of its:
a. Breakdown;
b. Repair;
c. Servicing;
d. "Loss"; or
e. Destruction.
SECTION II – LIABILITY COVERAGE
A. Coverage
We will pay all sums an "insured" legally must pay
as damages because of "bodily injury" or "property
damage" to which this insurance applies, caused
by an "accident" and resulting from the ownership,
maintenance or use of a covered "auto".
We will also pay all sum s an "insured" legally must
pay as a "covered pollution cost or expense" to
which this insurance applies, caused by an "acci -
dent" and resulting from the ownership, mainte-
nance or use of covered "autos". However, we will
only pay for the "covered pollution cost or ex -
pense" if there is either "bodily injury" or "property
damage" to which this insurance applies that is
caused by the same "accident".
We have the right and duty to defend any "in-
sured" against a "suit" asking for such damages or
a "covered pollution cost or expense". However,
we have no duty to defend any "insured" against a
"suit" seeking damages for "bodily injury" or "prop-
erty damage" or a "covered pollution cost or ex -
pense" to which this insurance does not apply. We
may investigate and settle any claim or "suit" as
we consider appropriate. Our duty to defend or
settle ends when the Liability Coverage Limit of
Insurance has been exhausted by payment of
judgments or settlements.
1. Who Is An Insured
The following are "insureds":
a. You for any covered "auto".
b. Anyone else while using with your permis -
sion a covered "auto" you own, hire or bor -
row except:
(1) The owner or anyone else from whom
you hire or borrow a covered "auto".
This exception does not apply if the
covered "auto" is a "trailer" connected to a
covered "auto" you own.
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(2) Your "employee" if the covered "auto" is
owned by that "employee" or a member
of his or her household.
(3) Someone using a covered "auto" while
he or she is working in a business of
selling, servicin g, repairing, parking or
storing "autos" unless that business is
yours.
(4) Anyone other than your "employees",
partners (if you are a partnership),
members (if you are a limited liability
company) or a lessee or borrower or
any of their "employees", whi le moving
property to or from a covered "auto".
(5) A partner (if you are a partnership) or a
member (if you are a limited liability
company) for a covered "auto" owned by
him or her or a member of his or her
household.
c. Anyone liable for the conduct of an "in -
sured" described above but only to the ex -
tent of that liability.
2. Coverage Extensions
a. Supplementary Payments
We will pay for the "insured":
(1) All expenses we incur.
(2) Up to $2,000 for cost of bail bonds (in-
cluding bonds for related traffic law vio -
lations) required because of an "acci -
dent" we cover. We do not have to fur -
nish these bonds.
(3) The cost of bonds to release attach-
ments in any "suit" against the "insured"
we defend, but only for bond amounts
within our Limit of Insurance.
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $250 a day be-
cause of time off from work.
(5) All court costs taxed against the "in-
sured" in any "suit" against the "insured"
we defend. However, these payments
do not include attorneys' fees or attor -
neys' expenses taxed against the "in-
sured".
(6) All interest on the full amount of any
judgment that accrues after entry of the
judgment in any "suit" against the "in-
sured" we defend, but our duty to pay in-
terest ends when we have paid, of fered
to pay or deposited in court the part of
the judgment that is within our Limit of
Insurance.
These payments will not reduce the Limit of
Insurance.
b. Out-of-state Coverage Extensions
While a covered "auto" is away from the
state where it is licensed we will:
(1) Increase the Limit of Insurance for Li -
ability Coverage to meet the limits speci-
fied by a compulsory or financial re-
sponsibility law of the jurisdiction where
the covered "auto" is being used. This
extension does not apply to the limit or
limits specified by any law governing
motor carriers of passengers or prop-
erty.
(2) Provide the minimum amounts and
types of other coverages, such as no-
fault, required of out -of-state vehicles by
the jurisdiction where the covered "auto"
is being used.
We will not pay anyone more than once for
the same elements of loss because of
these extensions.
B. Exclusions
This insurance does not apply to any of the follow -
ing:
1. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the "in-
sured".
2. Contractual
Liability assumed under any contract or
agreement.
But this exclusion does not apply to liability for
damages:
a. Assumed in a contract or agreement that is
an "insured contract" provided the "bodily
injury" or "property damage" occurs subse-
quent to the execution of the contract or
agreement; or
b. That the "insured" would have in the ab-
sence of the contract or agreement.
3. Workers' Compensation
Any obligation for which the "insured" or the
"insured's" insurer may be held liable under
any workers' compensation, disability benefits
or unemployment compensation law or any
similar law.
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4. Employee Indemnification And Employer's
Liability
"Bodily injury" to:
a. An "employee" of the "insured" arising out
of and in the course of:
(1) Employment by the "insured"; or
(2) Performing the duties related to the
conduct of the "insured's" business; or
b. The spouse, child, parent, brother or sister
of that "employee" as a consequence of Pa-
ragraph a. above.
This exclusion applies:
(1) Whether the "insured" may be liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
But this exclusion does not apply to "bodily in-
jury" to domestic "employees" not entitled to
workers' compensation benefits or to liability
assumed by the "insured" under an "insured
contract". For the purposes of the coverage
form, a domestic "employee" is a person en-
gaged in household or domestic work per -
formed principally in connection with a resi -
dence premises.
5. Fellow Employee
"Bodily injury" to:
a. Any fellow "employee" of the "insured" aris -
ing out of and in the course of the fellow
"employee's" employment or while perform -
ing duties related to the conduct of your
business; or
b. The spouse, child, parent, brother or sister
of that fellow "employee" as a consequence
of Paragraph a. above.
6. Care, Custody Or Control
"Property damage" to or "covered pollution cost
or expense" involving property owned or trans -
ported by the "insured" or in the "insured's"
care, custody or control. But this exclusion
does not apply to liability assumed under a si -
detrack agreement.
7. Handling Of Property
"Bodily injury" or "property damage" resulting
from the handling of property:
a. Before it is moved from the place where it is
accepted by the "insured" for movement in-
to or onto the covered "auto"; or
b. After it is mo ved from the covered "auto" to
the place where it is finally delivered by the
"insured".
8. Movement Of Property By Mechanical
Device
"Bodily injury" or "property damage" resulting
from the movement of property by a mechani -
cal device (other than a hand truck) unless the
device is attached to the covered "auto".
9. Operations
"Bodily injury" or "property damage" arising out
of the operation of:
a. Any equipment listed in Paragraphs 6.b.
and 6.c. of the definition of "mobile equip-
ment"; or
b. Machinery or equipment that is on, attached
to or part of a land vehicle that would qual -
ify under the definition of "mobile equip-
ment" if it were not subject to a compulsory
or financial responsibility law or other motor
vehicle insurance law where it is licen sed or
principally garaged.
10. Completed Operations
"Bodily injury" or "property damage" arising out
of your work after that work has been com -
pleted or abandoned.
In this exclusion, your work means:
a. Work or operations performed by you or on
your behalf; and
b. Materials, parts or equipment furnished in
connection with such work or operations.
Your work includes warranties or representa-
tions made at any time with respect to the fit -
ness, quality, durability or performance of any
of the items included in Paragraph a. or b.
above.
Your work will be deemed completed at the
earliest of the following times:
(1) When all of the work called for in your
contract has been completed.
(2) When all of the work to be done at the
site has been completed if your contract
calls for work at more than one site.
(3) When that part of the work done at a job
site has been put to its intended use by
any person or organization other than
another contractor or subcontractor
working on the same project.
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Work that may need service, maintenance, cor-
rection, repair or replacement, but which is
otherwise complete, will be treated as com -
pleted.
11. Pollution
"Bodily injury" or "property damage" arising out
of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or es -
cape of "pollutants":
a. That are, or that are contained in any prop-
erty that is:
(1) Being transported or towed by, handled
or handled for movement into, onto or
from the covered "auto";
(2) Otherwise in the course of transit by or
on behalf of the "insured"; or
(3) Being stored, disposed of, treated or
processed in or upon the covered "au-
to";
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
moved from the place where they ar e ac -
cepted by the "insured" for movement into
or onto the covered "auto"; or
c. After the "pollutants" or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the place
where they are finally delivered, disposed of
or abandoned by the "insured".
Paragraph a. above does not apply to fuels, lu-
bricants, fluids, exhaust gases or other similar
"pollutants" that are needed for or result from
the normal electrical, hydraulic or mechanical
functioning of the covered "auto" or its parts, if:
(1) The "pollutants" escape, seep, migrate
or are discharged, dispersed or released
directly from an "auto" part designed by
its manufacturer to hold, store, receive
or dispose of such "pollutants"; and
(2) The "bodily injury", "property damage" or
"covered pollution cost or expense"
does not arise out of the operation of
any equipment listed in Paragraphs 6.b.
and 6.c. of the definition of "mobile
equipment".
Paragraphs b. and c. above of this exclusion
do not apply to "accidents" that occur away
from premises owned by or rented to an "in-
sured" with respect to "pollutants" not in or
upon a covered "auto" if:
(a) The "pollutants" or any property in which
the "pollutants" are contained are upset,
overturned or damaged as a result of
the maintenance or use of a covered
"auto"; and
(b) The discharge, dispersal, seepage, mi -
gration, release or escape of the "pollut -
ants" is caused directly by such upset,
overturn or damage.
12. War
"Bodily injury" or "property damage" arising di -
rectly or indirectly out of:
a. War, including undeclared or civil war;
b. Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any govern-
ment, sovereign or other authority using
military personnel or other agents; or
c. Insurrection, rebellion, revolution, usurped
power or action taken by governmental au-
thority in hindering or defending against any
of these.
13. Racing
Covered "autos" while used in any professional
or organized racing or demolition contest or
stunting activity, or while practicing for such
contest or activity. This insurance also does
not apply while that covered "auto" is being
prepared for such a contest or activity.
C. Limit Of Insurance
Regardless of the number of c overed "autos", "in-
sureds", premiums paid, claims made or vehicles
involved in the "accident", the most we will pay for
the total of all damages and "covered pollution
cost or expense" combined resulting from any one
"accident" is the Limit of Insurance f or Liability
Coverage shown in the Declarations.
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All "bodily injury", "property damage" and "cov ered
pollution cost or expense" resulting from continu-
ous or repeated exposure to substantially the
same conditions will be considered as resulting
from one "accident".
No one will be entitled to receive duplicate pay -
ments for the same elements of "loss" under this
coverage form and any Medical Payments Cover -
age endorsement, Uninsured Motorists Coverage
endorsement or Underinsured Motorists Coverage
endorsement attached to this Coverage Part.
SECTION III – PHYSICAL DAMAGE COVERAGE
A. Coverage
1. We will pay for "loss" to a covered "auto" or its
equipment under:
a. Comprehensive Coverage
From any cause except:
(1) The covered "auto's" collision with an-
other object; or
(2) The covered "auto's" overturn.
b. Specified Causes Of Loss Coverage
Caused by:
(1) Fire, lightning or explosion;
(2) Theft;
(3) Windstorm, hail or earthquake;
(4) Flood;
(5) Mischief or vandalism; or
(6) The sinking, burning, collision or derail -
ment of any conveyance transporting
the covered "auto".
c. Collision Coverage
Caused by:
(1) The covered "auto's" collision with an-
other object; or
(2) The covered "auto's" overturn.
2. Towing
We will pay up to the limit sho wn in the Decla-
rations for towing and labor costs incurred
each time a covered "auto" of the private pas -
senger type is disabled. However, the labor
must be performed at the place of disablement.
3. Glass Breakage – Hitting A Bird Or Animal –
Falling Objects Or Missiles
If you carry Comprehensive Coverage for the
damaged covered "auto", we will pay for the
following under Comprehensive Coverage:
a. Glass breakage;
b. "Loss" caused by hitting a bird or animal;
and
c. "Loss" caused by falling objects or missiles.
However, you have the option of having glass
breakage caused by a covered "auto's" colli -
sion or overturn considered a "loss" under Col -
lision Coverage.
4. Coverage Extensions
a. Transportation Expenses
We will pay up to $20 per day to a maxi -
mum of $600 for temporary transportation
expense incurred by you because of the to-
tal theft of a covered "auto" of the private
passenger type. We will pay only for those
covered "autos" for which you carry either
Comprehensive or Specified Causes O f
Loss Coverage. We will pay for temporary
transportation expenses incurred during the
period beginning 48 hours after the theft
and ending, regardless of the policy's expi -
ration, when the covered "auto" is returned
to use or we pay for its "loss".
b. Loss Of Use Expenses
For Hired Auto Physical Damage, we will
pay expenses for which an "insured" be-
comes legally responsible to pay for loss of
use of a vehicle rented or hired without a
driver under a written rental contract or
agreement. We will pay for loss of use ex -
penses if caused by:
(1) Other than collision only if the Declara-
tions indicate that Comprehensive Cov -
erage is provided for any covered "au-
to";
(2) Specified Causes Of Loss only if the
Declarations indicate that Specified
Causes Of Loss Coverage is provided
for any covered "auto"; or
(3) Collision only if the Declarations indi cate
that Collision Coverage is provided for
any covered "auto".
However, the most we will pay for any ex -
penses for loss of use is $20 per day, to a
maximum of $600.
B. Exclusions
1. We will not pay for "loss" caused by or resulting
from any of the following. Such "loss" is ex -
cluded regardless of any other cause or event
that contributes concurrently or in any se-
quence to the "loss".
a. Nuclear Hazard
(1) The explosion of any weapon employing
atomic fission or fusion; or
(2) Nuclear reaction or radiation, or radioac -
tive contamination, however caused.
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b. War Or Military Action
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, includ-
ing action in hindering or defending
against an actual or expected attack, by
any government, sovereign or other au-
thority using military personnel or other
agents; or
(3) Insurrection, rebellion, revolution,
usurped power or action taken by gov -
ernmental authority in hindering or de-
fending against any of these.
2. We will not pay for "loss" to any covered "auto"
while used in any professional or organized
racing or demolition contest or stunting activ ity,
or while practicing for such contest or activ ity.
We will also not pay for "loss" to any covered
"auto" while that covered "auto" is being pre-
pared for such a contest or activity.
3. We will not pay for "loss" due and confined to:
a. Wear and tear, freezing, mechanical or
electrical breakdown.
b. Blowouts, punctures or other road damage
to tires.
This exclusion does not apply to such "loss"
resulting from the total theft of a covered "au-
to".
4. We will not pay for "loss" to any of the follow -
ing:
a. Tapes, records, discs or other similar audio,
visual or data electronic devices designed
for use with audio, visual or data electronic
equipment.
b. Any device designed or used to detect
speed-measuring equipment such as radar
or laser detectors and any jamming appara-
tus in tended to elude or disrupt speed-
measurement equipment.
c. Any electronic equipment, without regard to
whether this equipment is permanently in-
stalled, that reproduces, receives or trans -
mits audio, visual or data signals.
d. Any accessories used with the electronic
equipment described in Paragraph c.
above.
5. Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely by
use of the power from the "auto's" electrical
system that, at the time of "loss", is:
a. Permanently installed in or upon the cov -
ered "auto";
b. R emovable from a housing unit which is
permanently installed in or upon the cov -
ered "auto";
c. An integral part of the same unit housing
any electronic equipment described in Pa-
ragraphs a. and b. above; or
d. Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system.
6. We will not pay for "loss" to a covered "auto"
due to "diminution in value".
C. Limit Of Insurance
1. The most we will pay for "loss" in any one "ac -
cident" is the lesser of:
a. The actual cash value of the damaged or
stolen property as of the time of the "loss";
or
b. The cost of repairing or replacing the dam -
aged or stolen property with other property
of like kind and quality.
2. $1,000 is the most we will pay for "loss" in any
one "accident" to all electronic equipment that
reproduces, receives or transmits audio, visual
or data signals which, at the time of "loss", is:
a. P ermanently installed in or upon the cov -
ered "auto" in a housing, opening or other
location that is not normally used by the
"auto" manufacturer for the installation of
such equipment;
b. Removable from a permanently installed
housing unit as described in Paragraph 2. a.
above or is an integral part of that equip-
ment; or
c. An integral part of such equipment.
3. An adjustment for depreciation and physical
condition will be made in determining actual
cash value in the event of a total "loss".
4. If a repair or replacement results in better than
like kin d or quality, we will not pay for the
amount of the betterment.
D. Deductible
For each covered "auto", our obligation to pay for,
repair, return or replace damaged or stolen prop-
erty will be reduced by the applicable deductible
shown in the Declarations. Any Comprehensive
Coverage deductible shown in the Declarations
does not apply to "loss" caused by fire or lightning.
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SECTION IV – BUSINESS AUTO CONDITIONS
The following conditions apply in addition to the
Common Policy Conditions:
A. Loss Conditions
1. Appraisal For Physical Damage Loss
If you and we disagree on the amount of "loss",
either may demand an appraisal of the "loss".
In this event, each party will select a competent
appraiser. The two appraisers will select a
competent and impartial umpire. The apprais -
ers will state separately the actual cash value
and amount of "loss". If they fail to agree, they
will submit their differences to the umpire. A
decision agreed to by any two will be binding.
Each party will:
a. Pay its chosen appraiser; and
b. Bear the other expenses of the appraisal
and umpire equally.
If we submit to an appraisal, we will still retain
our right to deny the claim.
2. Duties In The Event Of Accident, Claim, Suit
Or Loss
We have no duty to provide coverage under
this policy unless there has been full compli -
ance with the following duties:
a. In the event of "accident", claim, "suit" or
"loss", you must give us or our authorized
representative prompt notice of the "acci -
dent" or "loss". Include:
(1) How, when and w here the "accident" or
"loss" occurred;
(2) The "insured's" name and address; and
(3) To the extent possible, the names and
addresses of any injured persons and
witnesses.
b. Additionally, you and any other involved
"insured" must:
(1) Assume no obligation, make no pay -
ment or incur no expense without our
consent, except at the "insured's" own
cost.
(2) Immediately send us copies of any re-
quest, demand, order, notice, summons
or legal paper received concerning the
claim or "suit".
(3) Cooperate with us in the investigation or
settlement of the claim or defense
against the "suit".
(4) Authorize us to obtain medical records
or other pertinent information.
(5) Submit to examination, at our expense,
by physicians of our choice, as often as
we reasonably require.
c. If there is "loss" to a covered "auto" or its
equipment you must also do the following:
(1) Promptly notify the police if the covered
"auto" or any of its equipment is stolen.
(2) Take all reasonable steps to protect the
covered "auto" from further damage. Al -
so keep a record of your expenses for
consideration in the settlement of the
claim.
(3) Permit us to inspect the covered "auto"
and records proving the "loss" before its
repair or disposition.
(4) Agree to examinations under oath at our
request and give us a signed statement
of your answers.
3. Legal Action Against Us
No one may bring a legal action against us un-
der this coverage form until:
a. There has been full compliance with all the
terms of this coverage form; and
b. Under Liability Coverage, we agree in writ -
ing that the "insured" has an obligation to
pay or until the amount of that obligation
has finally been determined by judgment af -
ter trial. No one has the right under this pol -
icy to bring us into an action to determine
the "insured's" liability.
4. Loss Payment – Physical Damage
Coverages
At our option we may:
a. Pay for, repair or replace damaged or sto-
len property;
b. Return the stolen property, at our expense.
We will pay for any damage that results to
the "auto" from the theft; or
c. Take all or any part of the damaged or sto-
len property at an agreed or appraised val -
ue.
If we pay for the "loss", our payment will in-
clude the applicable sales tax for the damaged
or stolen property.
5. Transfer Of Rights Of Recovery Against
Others To Us
If any person or organization to or for whom we
make payment under this c overage form has
rights to recover damages from another, those
rights are transferred to us. That person or or -
ganization must do everything necessary to
secure our rights and must do nothing after
"accident" or "loss" to impair them.
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B. General Conditions
1. Bankruptcy
Bankruptcy or insolvency of the "insured" or the
"insured's" estate will not relieve us of any obli -
gations under this coverage form.
2. Concealment, Misrepresentation Or Fraud
This coverage form is void in any case of fraud
by you at any time as it relates to this c overage
form. It is also void if you or any other "in-
sured", at any time, intentionally conceal or
misrepresent a material fact concerning:
a. This coverage form;
b. The covered "auto";
c. Your interest in the covered "auto"; or
d. A claim under this coverage form.
3. Liberalization
If we revise this coverage form to provide more
coverage without additional premium charge,
your policy will automatically provide the addi -
tional coverage as of the day the revision is ef -
fective in your state.
4. No Benefit To Bailee – Physical Damage
Coverages
We will not recognize any assignment or grant
any cove rage for the benefit of any person or
organization holding, storing or transporting
property for a fee regardless of any other pro-
vision of this coverage form.
5. Other Insurance
a. For any covered "auto" you own, this c ov-
erage form provides primary insurance. For
any covered "auto" you don't own, the in-
surance provided by this c overage form is
excess over any other collectible insur ance.
However, while a covered "auto" which is a
"trailer" is connected to another vehicle, the
Liability Coverage this c overage form pro-
vides for the "trailer" is:
(1) Excess while it is connected to a motor
vehicle you do not own.
(2) Primary while it is connected to a cov -
ered "auto" you own.
b. For Hired Auto Physical Damage Coverage,
any covered "auto" you lea se, hire, rent or
borrow is deemed to be a covered "auto"
you own. However, any "auto" that is
leased, hired, rented or borrowed with a
driver is not a covered "auto".
c. Regardless of the provisions of Paragraph
a. above, this c overage form's Liability
Coverage is primary for any liability as -
sumed under an "insured contract".
d. When this coverage form and any other
coverage form or policy covers on the same
basis, either excess or primary, we will pay
only our share. Our share is the proportion
that the Limit of Insurance of our coverage
form bears to the total of the limits of all the
coverage forms and policies covering on
the same basis.
6. Premium Audit
a. The estimated premium for this c overage
form is based on the exposures you told us
you would have when this policy began. We
will compute the final premium due when
we determine your actual exposures. The
estimated total premium will be credited
against the final premium due and the first
Named Insured will be billed for the bal -
ance, if any. The due date for the final pre-
mium or retrospective premium is the date
shown as the due date on the bill. If the es -
timated total premium exceeds the fi nal
premium due, the first Named Insured will
get a refund.
b. If this policy is issued for more than one
year, the premium for this c overage form
will be computed annually based on our
rates or premiums in effect at the beginning
of each year of the policy.
7. Policy Period, Coverage Territory
Under this coverage form, we cover "accidents"
and "losses" occurring:
a. During the policy period shown in the Dec -
larations; and
b. Within the coverage territory.
The coverage territory is:
(1) The United States of America;
(2) The territories and possessions of the Unit -
ed States of America;
(3) Puerto Rico;
(4) Canada; and
(5) Anywhere in the world if:
(a) A covered "auto" of the private passen-
ger type is leased, hired, rented or bor -
rowed without a driver for a period of 30
days or less; and
(b) The "insured's" responsibility to pay
damages is determined in a "suit" on the
merits, in the United States of America,
the territories and possessions of the
United States of America, Puerto Rico
or Canada or in a settlement we agree
to.
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We also cover "loss" to, or "accidents" involv -
ing, a covered "auto" while being transported
between any of these places.
8. Two Or More Coverage Forms Or Policies
Issued By Us
If this c overage form and any other c overage
form or policy issued to you by us or any com -
pany affiliated with us applies to the same "ac -
cident", the aggregate maximum Limit of Insur -
ance under all the c overage forms or policies
shall not exceed the highest applicable Limit of
Insurance under any one coverage form or pol-
icy. This condition does not apply to any c ov-
erage form or policy issued by us or an affili -
ated company specifically to apply as excess
insurance over this coverage form.
SECTION V – DEFINITIONS
A. "Accident" includes continuous or repeated expo-
sure to the same conditions resulting in "bodily in-
jury" or "property damage".
B. "Auto" means:
1. A land motor vehicle, "trailer" or semitrailer de-
signed for travel on public roads; or
2. Any other land vehicle that is subject to a com -
pulsory or financial responsibility law or other
motor vehicle insurance law where it is li-
censed or principally garaged.
However, "auto" does not include "mobile equip-
ment".
C. "Bodily injury" means bodily injury, sickness or
disease sustained by a person including death re-
sulting from any of these.
D. "Covered pollution cost or expense" means any
cost or expense arising out of:
1. Any request, demand, order or statutory or
regulatory requirement that any "insured" or
others test for, monitor, clean up, remove, con-
tain, treat, detoxify or neutralize, or in any way
respond to, or assess the effects of , "pollut-
ants"; or
2. Any claim or "suit" by or on behalf of a gov-
ernmental authority for damages because of
testing for, monitoring, cleaning up, removing,
containing, treating, detoxifying or neutralizing,
or in any way responding to, or assessing the
effects of, "pollutants".
"Covered pollution cost or expense" does not in-
clude any cost or expense arising out of the ac -
tual, alleged or threatened discharge, dispersal,
seepage, migration, release or escape of "pollut -
ants":
a. That are, or that are contained in any prop-
erty that is:
(1) Being transported or towed by, handled
or handled for movement into, onto or
from the covered "auto";
(2) Otherwise in the course of transit by or
on behalf of the "insured"; or
(3) Being stored, disposed of, treated or
processed in or upon the covered "au-
to";
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
moved from the place where they are ac -
cepted by the "insured" for movement into
or onto the covered "auto"; or
c. After the "pollutants" or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the place
where they are finally delivered, disposed of
or abandoned by the "insured".
Paragraph a. above does not apply to fuels, lu-
bricants, fluids, exhaust gases or other similar
"pollutants" that are needed for or result from
the normal electrical, hydraulic or mechanical
functioning of the covered "auto" or its parts, if:
(1) The "pollutants" escape, seep, migrate
or are discharged, dispersed or released
directly from an "auto" part designed by
its manufacturer to hold, store, receive
or dispose of such "pollutants"; and
(2) The "bodily injury", "property damage" or
"covered pollution cost or expense"
does not arise out of the operation of
any equipment listed in Paragraph 6.b.
or 6.c. of the definition of "mobile
equipment".
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Paragraphs b. and c. above do not apply to
"accidents" that occur away from premises
owned by or rented to an "insured" with respect
to "pollutants" not in or upon a covered "auto"
if:
(a) The "pollutants" or any property in which
the "pollutants" are contained are upset,
overturned or damaged as a result of
the maintenance or use of a covered
"auto"; and
(b) The discharge, dispersal, seepage, mi-
gration, release or escape of the "pollut -
ants" is caused directly by such upset,
overturn or damage.
E. "Diminution in value" means the actual or per -
ceived loss in market value or resale value which
results from a direct and accidental "loss".
F. "Employee" includes a "leased worker". "Em -
ployee" does not include a "temporary worker".
G. "Insured" means any person or organization quali -
fying as an insured in the Who Is An Insured pro-
vision of the applicable coverage. Except with re-
spect to the Limit of Insurance, the coverage af -
forded applies separately to each insured who is
seeking coverage or against whom a claim or
"suit" is brought.
H. "Insured contract" means:
1. A lease of premises;
2. A sidetrack agreement;
3. Any easement or license agreement, except in
connection with construction or demolition op-
erations on or within 50 feet of a railroad;
4. An obligation, as required by ordinance, to in-
demnify a municipality, except in connection
with work for a municipality;
5. That part of any other contract or agreement
pertaining to your business (including an in-
demnification of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another to
pay for "bodily injury" or "property damage" to a
third party or organization. Tort liability means
a liability that would be imposed by law in the
absence of any contract or agreement;
6. That part of any contract or agreement entered
into, as part of your business, pertaining to the
rental or lease, by you or any of your "employ -
ees", of any "auto". However, such contract or
agreement shall not be considered an "insured
contract" to the extent that it obligates you or
any of your "employees" to pay for "property
damage" to any "auto" rented or leased by you
or any of your "employees".
An "insured contract" does not include that part of
any contract or agreement:
a. That indemnifies a railroad for "bodily injury"
or "property damage" arising out of con-
struction or demolition operations, within 50
feet of any railroad property and affecting
any railroad bridge or trestle, tracks, road-
beds, tunnel, underpass or crossing;
b. That pertains to the loan, lease or rental of
an "auto" to you or any of your "employ -
ees", if the "auto" is loaned, leased or
rented with a driver; or
c. That holds a person or organization en-
gaged in the business of transporting prop-
erty by "auto" for hire harmless for your use
of a covered "auto" over a route or territory
that person or organization is authorized to
serve by public authority.
I. "Leased worker" means a person leased to you by
a labor leasing firm under an agreement between
you and the labor leasing firm to perform duties re-
lated to the conduct of your business. "Leased
worker" does not include a "temporary worker".
J. "Loss" means direct and accidental loss or dam -
age.
K. "Mobile equipment" means any of the following
types of land vehicles, including any attached ma-
chinery or equipment:
1. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
2. Vehicles maintained for use solely on or next to
premises you own or rent;
3. Vehicles that travel on crawler treads;
4. Vehicles, whether self-propelled or not, main-
tained primarily to provide mobility to perma-
nently mounted:
a. Power cranes, shovels, loaders, diggers or
drills; or
b. Road construction or resurfacing equipment
such as graders, scrapers or rollers;
5. Vehicles not described in Paragraph 1., 2., 3.
or 4. above that are not self -propelled and are
maintained primarily to provide mobility to per -
manently attached equipment of the following
types:
a. Air compressors, pumps and generators,
including spraying, welding, building clean-
ing, geophysical exploration, light ing and
well-servicing equipment; or
b. Cherry pickers and similar devices used to
raise or lower workers; or
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6. Vehicles not described in Paragraph 1., 2., 3.
or 4. above maintained primarily for purposes
other than the transportation of persons or car-
go. However, self -propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but will
be considered "autos":
a. Equipment designed primarily for:
(1) Snow removal;
(2) Road maintenance, but not construc tion
or resurfacing; or
(3) Street cleaning;
b. Cherry pickers and similar devices mounted
on automobile or truck chassis and used to
raise or lower workers; and
c. Air compressors, pumps and generators,
including spraying, welding, building clean-
ing, geophysical exploration, lighting or
well-servicing equipment.
However, "mobile equipment" does not include
land vehicles that are subject to a compulsory or
financial responsibility law or other motor vehicle
insurance law where it is licensed or principally ga-
raged. Land vehicles subject to a compulsory or
financial responsibility law or other motor vehicle
insurance law are considered "autos".
L. "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.
M. "Property damage" means damage to or loss of
use of tangible property.
N. "Suit" means a civil proceeding in which:
1. Damages because of "bodily injury" or "prop-
erty damage"; or
2. A "covered pollution cost or expense";
to which this insurance applies, are alleged.
"Suit" includes:
a. An arbitration proceeding in which such
damages or "covered pollution costs or ex -
penses" are claimed and to which the "in-
sured" must submit or does submit with our
consent; or
b. Any other alternative dispute resolution
proceeding in which such damages or
"covered pollution costs or expenses" are
claimed and to which the insured submits
with our consent.
O. "Temporary worker" means a person who is fur -
nished to you to substitute for a permanent "em -
ployee" on leave or to meet seasonal or short -term
workload conditions.
P. "Trailer" includes semitrailer.
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COMMERCIAL AUTO
CA 01 43 05 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 01 43 05 07 © ISO Properties, Inc., 2006 Page 1 of 2
CALIFORNIA CHANGES
For a covered "auto" licensed or principally garaged in or "garage operations" conducted in California this en- dorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement.
A. The term "spouse" is replaced by the following:
Spouse or registered domestic partner under Cali-
fornia law.
B. The following are added to the Other Insurance
Condition in the Business Auto and Garage Cov-
erage Forms and the Other Insurance – Primary
And Excess Insurance Provisions in the Motor
Carrier and Truckers Coverage Forms and super-
sede any provisions to the contrary:
1. When this Coverage Form and any other Cov-
erage Form or policy providing liability cover-
age apply to an "auto" and:
a. One provides coverage to a Named Insured
engaged in the business of selling, repair-
ing, servicing, deliver ing, testing or road-
testing "autos", and
b. The other provides coverage to a person
not engaged in that business, and
c. At the time of an "accident", a person de-
scribed in Paragraph 1.b. is operating an
"auto" owned by the business described in
Paragraph 1.a., then that person's liability
coverage is primary and the Coverage
Form issued to a business described in
Paragraph 1.a. is excess over any cover-
age available to that person.
2. When this Coverage Form and any other Cov-
erage Form or policy providing liability cover-
age apply to an "auto" and:
a. One provides coverage to a Named Insured
engaged in the business of selling, repair-
ing, servicing, deliver ing, testing or road-
testing "autos", and
b. The other provides coverage to a person
not engaged in that business, and
c. At the time of an "accident" an "insured"
under the Coverage Form described in
Paragraph 2.a. is operating an "auto"
owned by a person described in Paragraph
2.b., then the Coverage Form issued to the
business described in Paragraph 2.a. is
primary and the liability coverage issued to
a person described in Paragraph 2.b. is ex-
cess over any coverage available to the
business.
3. When this Coverage Form and any other Cov-
erage Form or policy providing liability cover-
age apply to a "commercial vehicle" and:
a. One provides coverage to a Named In-
sured, who in the cour se of business, rents
or leases "commercial vehicles" without op-
erators, and
b. The other provides coverage to a person
other than as described in Paragraph 3.a.,
and
c. At the time of an "accident", a person who
is not the Named Insured of the policy de-
scribed in Paragraph
3.a., and who is not
the agent or "employee" of such Named In-
sured is operating a "commercial vehicle"
provided by the business covered by the
Coverage Form or policy described in
Paragraph 3.a., then the liability coverage
provided by the Coverage Form or policy
described in Paragraph 3.b. is primary, and
the liability coverage provided by the Cov-
erage Form or policy described in Para-
graph 3.a. is excess over any coverage
available to that person.
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4. Notwithstanding Paragraph B.3., when this
Coverage Form and any other Coverage Form
or policy providing liability coverage apply to a
power unit and any connected "trailer" or "trail-
ers" and:
a. One provides coverage to a Named Insured
engaged in the business of transporting
property by "auto" for hire; and
b. The other provides coverage to a Named
Insured not engaged in that business; and
c. At the time of an "accident", a power unit is
being operated by a person insured under
the Coverage Form or policy described in
Paragraph 4.a., then that Coverage Form or
policy is primary for both the power unit and
any connected "trailer" or "trailers" and the
Coverage Form or policy described in
Paragraph 4.b. is excess over any other
coverage available to such power unit and
attached "trailer" or "trailers".
C. As used in this endorsement:
"Commercial vehicle" means an "auto" subject to
registration or identification under California law
which is:
1. Used or maintained for the transportation of
persons for hire, compensation or profit;
2. Designed, used or maintained primarily for the
transportation of property; or
3. Leased for a period of six months or more.
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CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page of
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Endorsement Effective: Countersigned By:
Named Insured:
(Authorized Representative)
SCHEDULE
Name of Person(s) or Organization(s):
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.)
Each person or organization shown in the Schedule is an "i nsured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form.
PHPK2221777
03/01/2021
Nanogan Science & Services LLC
City of Mountain View Recreation
Division
1 1
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PI-AUT-001 (01/16)
Includes copyrighted material of the Insurance Services Office Inc., used with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM
This endorsement modifies insurance provided under the following:
COMMERCIAL AUTO COVERAGE PART
We will pay for any injury or damage arising out of a “certified act of terrorism”.
"Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Act for a “certified act of terrorism” includes the following":
1. The act resulted in insured losses in excess of $5 million in the aggregate,
2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.
The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage otherwise excluded under this Coverage Part.
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
All other terms and conditions of this Policy remain unchanged.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON-CONTRIBUTORY CLAUSE ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
The following is added to SECTION IV-BUSINESS AUTO CONDITIONS, B. General Conditions, 5.
Other Insurance:
The insurance provided by this policy for any additional insured endorsement attached to this policy is primary when primary coverage is required in a written contract.
In addition, we will not seek contribution from any insurer when insurance on a non-contributing basis is required in a written contract for any additional insured endorsement attached to this policy.
For coverage to apply, the written contract must have been executed prior to the occurrence of "loss."
This endorsement supersedes anything to the contrary.
PI-CA-004 PRIMARY AND NON-CONTRIBUTORY CLAUSE ENDORSEMENT DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Includes copyright material of the Insurance Services Office, Inc. used with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY..
BINDING ARBITRATION
Wherever, used in this endorsement: 1) “we”, “us”, “our”, and “insurer’ mean the insurance company which issued this policy; and 2) “you”, “your”, “named insured”, “first named insured”, and “insured” mean the Named Corporation, the Named Organization, Named Sponsor, Named Insured, or Insured stated in the declarations page; and 3) “other insured(s)” means all other persons or entities afforded coverage under this policy.
This endorsement modifies coverage provided under the Coverage Part to which it is attached.
If we and the insured do not agree whether coverage is provided under this Coverage Part for a claim made against the insured, then either party may make a written demand for arbitration.
When this demand is made, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. Each party will:
1. Pay the expenses it incurs; and
2. Bear the expenses of the third arbitrator equally.
Unless both parties agree otherwise, arbitration will take place in the county in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding.
All other terms of the policy remain unchanged.
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PI-SAM-008 (05/19)
©2019 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc., with permission.
ABUSIVE CONDUCT LIABILITY COVERAGE FORM
PLEASE READ THE ENTIRE FORM CAREFULLY.
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine your rights, duties and what is and is not covered.
Throughout this policy the words “you” and “your” refer to the Named Insured shown in the Declarations.
The words “we,” “us” and “our” refer to the Company providing this insurance.
The word “insured” means any person or organization qualifying as such under SECTION II – WHO IS AN INSURED.
Within the context of this coverage form, “this insurance” refers to the coverage provided by this Abusive Conduct Liability Coverage Form.
Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V I – DEFINITIONS.
SECTION I – COVERAGE
A. ABUSIVE CONDUCT LIABILITY COVERAGE
1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as “damages” because of “bodily injury” to which this insurance applies caused by:
(1) “Abusive conduct”;
(2) The negligent:
(a) E mployment;
(b) S election;
(c) I nvestigation;
(d) Supervision;
(e) R eporting to the proper authorities, or failure to so report; or
(f) R etention
of any “employee,” “volunteer worker” or any other person or persons for whom the
in sured is or ever was legally responsible and whose conduct would be covered by (1)
above;
(3) The negligent:
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©2019 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc., with permission. (a) Placement of adoptive or foster children;
(b) Selection or training of adoptive or foster parents; or
(c) Supervision of adoptive or foster parents,
that gives rise to “claims” of “abusive conduct”;
(4) The negligent:
(a) D esign;
(b) C ontrol;
(c) M aintenance;
(d) Supervision;
(e) I nspection; or
(f) I nvestigation
of prospective tenants of your premises; premises in your control; or premises you have
leased to another that gives rise to “claims” of “abusive conduct”; or
(5) The negligent failure to provide professional services or neglect of the therapeutic needs o f a client, patient or other person because of “abusive conduct.”
Subject to the above provisions, we have the right and duty to defend any “suit” seeking “damages” to which this insurance applies. However, we have no duty to defend the insured
against any “suit” seeking “damages” to which this insurance does not apply. We may at our d iscretion, investigate and settle any “claim” of "abusive conduct" and any “suit” that may result. But:
(i) The amount we will pay for “damages” is limited as described in SECTION III –
L IMITS OF INSURANCE; and
(ii) Our right and duty to defend end when we have used up our applicable limit of
i nsurance in the payment of “damages.”
We will pay, with respect to any “claim” we investigate or “suit” we defend, any “defense
costs” we incur. No other obligation or liability to pay sums or perform acts or services is c overed unless explicitly provided for in B. EMPLOYEE AND VOLUNTEER WORKER
DEFENSE COVERAGE below.
b. Thi
s insurance applies to “damages” because of “bodily injury” only if:
(1) The “bodily injury” is caused by “abusive conduct” that takes place in the “coverage DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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PI-SAM-008 (05/19)
©2019 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc., with permission. territory”; and
(2) The “abusive conduct” first occurs during the policy period.
c. “ Damages” because of “bodily injury” include “damages” claimed by any person or
o rganization for care, loss of services or death resulting at any time from the "bodily injury.”
2. Exclusions
This insurance does not apply to:
a. A ny “claim” or “suit” against any person who personally takes part in any “abusive conduct”;
b. A ny “claim” or “suit” against any person who intentionally fails to report “abusive conduct”
committed by an “employee,” “volunteer worker” or any other person for whom any insured is
legally responsible;
c. Any “claim” or “suit” against any person who commits an intentional or criminal act;
d. A ny “claim” or “suit” against any “employee,” “volunteer worker” or any other person for whom any insured is or ever was legally responsible if at the time of this policy’s inception any
insured was aware of actual or alleged “abusive conduct” by such person;
e. L iability assumed by the insured under any contract or agreement;
f. A ny obligation for which an insured, or any insurance carrier of the insured, may be held l iable under a workers compensation, disability benefits or unemployment compensation law
or any similar law;
g. A ny “claim” or “suit” arising out of matters which may be deemed uninsurable;
h. A ny “claim” made against an insured by another insured except a “claim” made by an insured who is an “employee” or “volunteer worker,” subject to Exclusion i. below;
i. Any “claim” made by or on behalf of:
(1) Y our “employee” or “volunteer worker”;
(2) The spouse, child, parent, brother or sister of an “employee” or “volunteer worker” as a
consequence of “abusive conduct” to that person; or
(3) Any applicants for employment or former “employees” or “volunteer workers.”
However, this exclusion does not apply in the limited instance where your “employee” or
“vol
unteer worker” is also your client and receiving services falling within the official scope of
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PI-SAM-008 (05/19)
©2019 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc., with permission. the services which you provide and the “claim” arises out of the provision of these services;
j. Any “defense costs” associated with a criminal trial including appeals;
k. “A busive conduct” that predates the inception of this policy notwithstanding that such
“ abusive conduct” may continue into this policy period;
l. Any “claim” arising out of, based upon or attributable to:
(1) Any litigation or demand against an insured pending on or before the inception of this policy, including any future litigation or demand based on the prior or pending litigation
that is derived from the same or essentially the same facts as alleged in such prior
litigation;
(2) Any “abusive conduct,” fact, circumstance or situation which has been the subject of any
written notice given under any other policy of insurance prior to inception of this policy; or
(3) Any “abusive conduct,” fact, circumstance or situation of which, as of the inception of this
policy, the insured had knowledge and from which the insured could reasonably expect a
“claim” to arise; or
m. Any “claim” or “suit” arising out of sexual discrimination and/or sexual harassment, whether
asserted under any federal or state statute or the common or civil law of any jurisdiction.
B. EMPLOYEE AND VOLUNTEER WORKER DEFENSE COVERAGE
We will also pay on your behalf “defense costs” for an “employee” or “volunteer worker” who is alleged to be directly involved in “abusive conduct” until such time as that individual is adjudicated to be a wrongdoer or enters a plea of no-contest.
This coverage does not apply to any “employee” or “volunteer worker” who knowingly allows the “abusive conduct.”
SECTION II – WHO IS AN INSURED
A. You are an insured.
B. Each of the following is also an insured:
1. Y our directors, but only for liability arising from their duties as your directors;
2. Y our “employees,” but only for liability arising within the scope of their employment duties for you;
3. Y our “volunteer workers” but only for liability arising within the scope of their volunteer duties related to the conduct of your organization; and
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PI-SAM-008 (05/19)
©2019 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc., with permission.
4. S tudents in training, but only for liability arising within the scope of their duties related to the conduct of your organization.
SECTION III – LIMITS OF INSURANCE
A. The limit of insurance shown in the Declarations and the rules below fix the most we will pay for all “damages” regardless of the number of:
1. Insureds;
2. “Claims” made or "suits" brought; or
3. P ersons or organizations making “claims” or bringing “suits.”
B. The Each Abusive Conduct Limit shown in the Declarations is the most we will pay for each “abusive conduct” incident regardless of the number of incidents involved. Two or more “claims” for “damages” because of the same “abusive conduct” shall be:
1. C onsidered a single “claim”; and
2. S uch “claims,” whenever made, shall be assigned to only one policy (whether issued by us or any other insurer) and if that is this policy, only one Each Abusive Conduct limit of insurance shall apply.
C. The aggregate limit shown in the Declarations is, subject to Paragraph B. of this section, the total limit of our liability for all “damages” to which this insurance applies.
Multiple incidents of “abusive conduct” which take place over multiple policy periods for which this coverage is provided shall be deemed to constitute one “abusive conduct” and shall be deemed to occur only at the time of such first incident. Coverage for such “abusive conduct” shall be provided only under the policy, if any, which is in place at the time of the first such incident and shall be subject to the applicable limit of insurance in that one policy.
The aggregate limit of this Coverage Part applies separately to each consecutive annual period of this policy; and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations; unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the limit of insurance.
SECTION IV – DEDUCTIBLE
A. Our obligation to pay “damages” on your behalf applies only to the amount of “damages” in excess of the applicable deductible amount shown in the Declarations.
B. The Deductible applies to all “damages” that are the result of any “claim” of “abusive conduct.”
C. The terms of this insurance, including those with respect to:
1. Our right and duty to defend the insured against any “suits” seeking those “damages”; and
2. Your duties in the event of an incident, “claim,” or “suit”
apply irrespective of the application of the deductible amount.
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©2019 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc., with permission.
D. We may pay any part or all of the deductible amount to effect settlement of any claim or “suit” and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us.
SECTION V – ABUSIVE CONDUCT LIABILITY CONDITIONS
A. Bankruptcy
Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part.
B. Duties In the Event of an Incident, Claim or Suit
1. If a “claim” is made or “suit” is brought against any insured, you must provide us with written
notice of the “claim” or “suit” as soon as practicable, but no later than 60 days after the “claim” is m ade or “suit” is brought.
2. You and any other involved insured must:
a. Immediately send us copies of any demands, notices, summonses or legal papers received
in connection with the “claim” or "suit";
b. Authorize us to obtain records and other information;
c. Cooperate with us in the investigation, settlement or defense of the “claim” or "suit" including
the release of any personnel records of the person(s) allegedly involved in the “abusive
conduct”; and
d. Assist us, upon our request, in the enforcement of any right against any person or
organization which may be liable to the insured because of "abusive conduct" to which this insurance may also apply.
3. No insureds will, except at their own cost, and without recourse to this policy, voluntarily make a
payment, assume any obligation, or incur any expense, other than for first aid, without our
consent.
C. Legal Action Against Us
No person or organization has a right under this Coverage Part:
1. T o join us as a party or otherwise bring us into a "suit" asking for "damages" from an insured; or
2. T o sue us on this Coverage Part unless all of its terms have been fully complied with.
A person or organization may sue us to recover as a result of an “agreed settlement” or on a final
judgment against an insured obtained after an actual trial, but we will not be liable for “damages” DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Includes copyrighted material of Insurance Services Office, Inc., with permission. that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance.
D. Other Insurance
If other valid and collectible insurance is available to the insured for a loss we cover under this
Coverage Part, our obligations are limited as follows:
1. Primary Insurance
This insurance is primary except when 2. below applies. If this insurance is primary, our
obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in 3. below.
2. Excess Insurance
If any insured has other insurance providing coverage similar to this insurance, then this insurance shall be excess over and above that other insurance except where such insurance is specifically designated as excess to this policy.
When this insurance is excess, we will have no duty to defend any “claim” or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of
the loss, if any, that exceeds the sum of:
a. The total amount that all such other insurance would pay for the loss in the absence of this
insurance; and
b. The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision.
3. Method of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also.
Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.
If any of the other insurance does not permit contribution by equal shares, we will contribute by
limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limit of insurance of all insurers.
E. Premium Audit
1. We will compute all premiums for this Coverage Part in accordance with our rules and rates; DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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2. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums
are due and payable on notice to the first Named Insured. If the sum of the advance and audit p remiums paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured; and
3. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request.
F. Representations
By accepting this policy, the insured agrees:
1. T he statements in the Declarations, and in the application for insurance are accurate and
complete;
2. T hose statements are based upon representations made by the insureds; and
3. W e have issued this policy in reliance upon those representations.
G. Transfer of Rights of Recovery Against Others To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage
Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them.
H. Two Or More Coverage Parts Or Policies Issued By Us
It is our stated intention that the various coverage parts or policies issued to you by us, or any
company affiliated with us, do not provide any duplication or overlap of coverage for the same “claim”
or “suit.” We have exercised diligence to draft our coverage parts and policies to reflect this intention, but should the circumstances of any “claim” or "suit" give rise to such duplication or overlap of
coverage, then, notwithstanding any other provision of this or any other policy, if this policy and any other coverage part or policy issued to you by us, or any company affiliated with us, apply to the
same "abusive conduct," professional incident, occurrence, offense, wrongful act, accident or loss, “ claim” or “suit,” the maximum limit of insurance under all such coverage parts or policies combined s hall not exceed the highest applicable limit of insurance under any one coverage part or policy.
This condition does not apply to any Excess or Umbrella policy issued by us specifically to apply as excess insurance over this policy.
I. When We Do Not Renew
If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date.
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I f notice is mailed, proof of mailing will be sufficient proof of notice.
SECTION VI – DEFINITIONS
A. “Abusive conduct” means all actual, threatened or alleged acts of physical abuse, sexual abuse,
sexual molestation, sexual misconduct, sexual exploitation, or sexual injury arising out of a single act, or continuous or repeated exposure of one person or two or more people to multiple acts, of a sexual
nature committed by:
1. One person; or
2. Two or more people acting together or in related acts or series of acts.
Any act or multiple, continuous, related or repeated acts of “abusive conduct” by one person or two or more people acting together will be deemed one “abusive conduct” and will be deemed to occur only when the first “abusive conduct” takes place, regardless of:
a. The number of people injured;
b. The time period, including multiple policy periods, over which the “abusive conduct” took place;
c. The number of such acts; or
d. Whether, in the case of two or more people acting together, each such person participated
in each act.
B. “Agreed settlement” means a settlement and release of liability signed by the insured and the c laimant or the claimant's legal representative, and approved by us.
C. “Bodily injury” means bodily injury, sickness or disease sustained by a person. “Bodily injury” includes mental anguish, mental injury, shock, fright or death resulting from physical injury or “abusive conduct.”
D. “Claim” means any written demand for monetary relief.
E. “Coverage territory” means:
1. The United States of America (including its territories and possessions), Puerto Rico and Canada;
2. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph 1. above; or
3. All other parts of the world if the injury or damage arises out of the activities of a person whose home is in the territory described in Paragraph 1. above but is away for a short period of time on your business;
provided the insured’s responsibility to pay “damages” is determined in a “suit” on the merits, in the territory described in Paragraph 1. above or in a settlement to which we agree.
F. “Damages” means a monetary:
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1. J udgment;
2. A ward; or
3. S ettlement,
but does not include fines, sanctions, penalties, punitive or exemplary damages or the multiple
portion of any damages.
G. “Defense costs” mean any costs to investigate a “claim” or defend a “suit” seeking “damages.”
These costs are outside the limits of insurance.
H. “Employee” includes a "leased worker" or a “temporary worker.”
I. “Leased worker” means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business.
J. “Suit” means a civil proceeding in which “damages” because of “abusive conduct” to which this
insurance applies are alleged. “Suit” also includes:
1. A n arbitration proceeding in which such “damages” are claimed and to which you must submit or do submit with our consent; or
2. A ny other alternative dispute resolution proceeding in which such “damages” are claimed and to
which you submit with our consent.
K. “Temporary worker” means a person who is furnished to you to substitute for a permanent “employee” on leave or to meet seasonal or short-term workload conditions.
L. “Volunteer worker” means a person who is not your “employee,” and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you.
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IL N 119 10 15
IL N 119 10 15 © Insurance Services Office, Inc., 2015 Page 1 of 1
CALIFORNIA AUTO BODY REPAIR CONSUMER BILL OF
RIGHTS
(This form was developed by the California Department of Insurance.)
A CONSUMER IS ENTITLED TO:
1. SELECT THE AUTO BODY REPAIR SHOP TO REPAIR AUTO BODY DAMAGE COVERED BY THE INSURANCE COMPANY. AN INSURANCE COMPANY SHALL NOT REQUIRE THE REPAIRS TO BE DONE AT A SPECIFIC AUTO BODY REPAIR SHOP.
2. AN ITEMIZED WRITTEN ESTIMATE FOR AUTO BODY REPAIRS AND, UPON COMPLETION OF REPAIRS, A DETAILED INVOICE. THE ESTIMATE AND THE INVOICE MUST INCLUDE AN ITEMIZED LIST OF PARTS AND LABOR ALONG WITH THE TOTAL PRICE FOR THE WORK PERFORMED. THE
ESTIMATE AND INVOICE MUST ALSO IDENTIFY ALL PARTS AS NEW, USED, AFTERMARKET, RECONDITIONED, OR REBUILT.
3. BE INFORMED ABOUT COVERAGE FOR TOWING AND STORAGE SERVICES.
4. BE INFORMED ABOUT THE EXTENT OF COVERAGE, IF ANY, FOR A REPLACEMENT RENTAL VEHICLE WHILE A DAMAGED VEHICLE IS BEING REPAIRED.
5. BE INFORMED OF WHERE TO REPORT SUSPECTED FRAUD OR OTHER COMPLAINTS AND CONCERNS ABOUT AUTO BODY REPAIRS.
6. SEEK AND OBTAIN AN INDEPENDENT REPAIR ESTIMATE DIRECTLY FROM A REGISTERED AUTO
BODY REPAIR SHOP FOR REPAIR OF A DAMAGED VEHICLE, EVEN WHEN PURSUING AN INSURANCE CLAIM FOR REPAIR OF THE VEHICLE.
COMPLAINTS WITHIN THE JURISDICTION OF THE BUREAU OF AUTOMOTIVE REPAIR Complaints concerning the repair of a vehicle by an auto body repair shop should be directed to:
Toll Free (866) 799-3811
Bureau of Automotive Repair
10949 North Mather Blvd.
Rancho Cordova, CA 95670
The Bureau of Automotive Repair can also accept complaints over its web site at: www.autorepair.ca.gov.
COMPLAINTS WITHIN THE JURISDICTION OF THE CALIFORNIA INSURANCE COMMISSIONER Any concerns regarding how an auto insurance claim is being handled should be submitted to the California Department of Insurance at:
(800) 927-4357 or (213) 897-8921
California Department of Insurance
Consumer Services Division
300 South Spring Street
Los Angeles, CA 90013
The California Department of Insurance can also accept complaints over its web site at: www.insurance.ca.gov.
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CA DS 03 03 10
CA DS 03 03 10 © Insurance Services Office, Inc., 2009 Page 1 of 13
BUSINESS AUTO DECLARATIONS
ITEM ONE
Named Insured and Mailing Address:
Policy Period
From:
To: At 12:01 AM Standard Time at your mailing address shown above Previous Policy Number:
Form Of Business:
In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy.
Premium shown is payable at inception: $
Audit Period (If Applicable): Annually Semiannually Quarterly Monthly
Endorsements Attached To This Policy
See Schedule Attached
Countersignature Of Authorized Representative
Name:
Title:
Signature:
Date:
Philadelphia Indemnity Insurance Company
PHPK2221777
03/01/2022
LLC
03/01/2021
PHPK2082008
Nanogan Science & Services LLC
DBA Mad Science of the Bay Area
48834 Kato Rd Ste 110A
Fremont, CA 94538-7368
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ITEM TWO
Schedule Of Coverages And Covered Autos
This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the Covered Autos Section of the Business Auto Coverage Form next to the name of the coverage.
Coverages
Covered
Autos Limit Premium
Liability $ $
Personal Injury
Protection
(Or Equivalent
No-fault Coverage)
Separately Stated In Each Personal
Injury Protection Endorsement Minus
$
$ Deductible
Added Personal
Injury Protection
(Or Equivalent Added
No-fault Coverage)
Separately Stated In Each Added
Personal Injury Protection
Endorsement
$
Property Protection
Insurance
(Michigan Only)
Separately Stated In The Property
Protection Insurance Endorsement
Minus
$
$ Deductible
For Each Accident
Auto Medical
Payments
$ $
Medical Expense And
Income Loss Benefits
(Virginia Only)
Separately Stated In The Medical
Expense And Income Loss Benefits
Endorsement
$
Uninsured Motorists $ $
Underinsured
Motorists
(When Not Included
In Uninsured
Motorists Coverage)
$ $
08, 09 1,000,000 CSL 432.00
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ITEM TWO
Schedule Of Coverages And Covered Autos (Cont'd)
Coverages
Covered
Autos Limit Premium
Physical
Damage
Comprehensive
Coverage
Actual Cash Value Or Cost Of Repair,
Whichever Is Less, Minus
$
$ Deductible
For Each Covered Auto, But No
Deductible Applies To Loss Caused By
Fire Or Lightning
See Item Four for Hired or Borrowed
Autos.
Physical
Damage
Specified
Causes Of
Loss
Coverage
Actual Cash Value Or Cost Of Repair,
Whichever Is Less, Minus
$
$ Deductible
For Each Covered Auto For Loss Caused
By Mischief Or Vandalism
See Item Four for Hired or Borrowed
Autos.
Physical
Damage
Collision
Coverage
Actual Cash Value Or Cost Of Repair,
Whichever Is Less, Minus
$
$ Deductible
For Each Covered Auto
See Item Four for Hired or Borrowed
Autos.
Physical
Damage Towing
And Labor
$ For Each $
Disablement Of A Private Passenger Auto
$
Premium For Endorsements $
Estimated Total Premium* $
*This policy may be subject to final audit.
25 Terrorism All Per Coverage Endorsement
432.00
0.00 DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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ITEM THREE
Schedule Of Covered Autos You Own
Covered Auto Number:
Town And State Where The Covered Auto Will Be Principally Garaged:
Covered Auto Description
Year: Model: Trade Name:
Body Type: Serial Number (S):
Vehicle Identification Number (VIN):
Purchased
Original Cost New: $
Actual Cost New Or Used: $ New Used
Classification
Radius
Of
Operation
Business
Use
s=service
r=retail
c=commercial
Size GVW,
GCW Or
Vehicle Seating
Capacity
Age
Group
Secondary
Rating
Classification Code
Except For Towing, All Physical Damage Loss Is Payable To You And The Loss Payee Named Below According To Their Interests In The Auto At The Time Of The Loss:
SEE SCHEDULE ATTACHEDSEE SCHEDULE ATTACHED
SEE SCHEDULE ATTACHED
SEE SCHEDULE(S)
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ITEM THREE
Schedule Of Covered Autos You Own (Cont'd)
Coverages – Premiums, Limits And Deductibles
(Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the corresponding Item Two column applies instead.)
Coverages Limit Premium
Liability $
Personal Injury
Protection
Stated In Each Personal Injury Protection
Endorsement Minus
$
$ Deductible
Added Personal
Injury Protection
Stated In Each Added Personal Injury
Protection Endorsement
$
Property Protection
Insurance
(Michigan Only)
Stated In The Property Protection
Insurance Endorsement Minus
$
$ Deductible
Auto Medical
Payments
$ $
Medical Expense And
Income Loss Benefits
(Virginia Only)
Stated In The Medical Expense And Income
Loss Benefits Endorsement For Each
Person
$
Comprehensive Stated In Item Two Minus $
$ Deductible
Specified Causes
Of Loss
Stated In Item Two Minus $
$ 25 Deductible
Collision Stated In Item Two Minus $
$ Deductible
Towing And Labor $ Per Disablement $
Total Premiums
Liability $
Personal Injury Protection $
Added Personal Injury Protection $
Property Protection Insurance (Michigan Only) $
Auto Medical Payments $
Medical Expense And Income Loss Benefits (Virginia Only) $ Comprehensive $
Specified Causes Of Loss $
Collision $
Towing And Labor $
SEE SCHEDULE ATTACHED
SEE SCHEDULE ATTACHED
$
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ITEM FOUR
Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums Liability Coverage – Cost Of Hire Rating Basis For Autos Used In Your Motor Carrier Operations (Other Than Mobile Or Farm Equipment)
Liability Coverage
Estimated Annual
Cost Of Hire For All States Premium
Primary Coverage $ SEE SCHEDULE, IF APPLICABLE $
Excess Coverage $ SEE SCHEDULE, IF APPLICABLE $
Total Premium $
For "autos" used in your motor carrier operations, cost of hire means:
(a) The total dollar amount of costs you incurred for the hire of automobiles (includes "trailers" and semitrailers), and if not included therein,
(b) The total remunerations of all operators and drivers' helpers, of hired automobiles whether hired with a driver by lessor or an "employee" of the lessee, or any other third party, and (c) The total dollar amount of any other costs (i.e., repair, maintenance, fuel, etc.) directly associated with operating the hired automobiles whether such costs are absorbed by the "insured", paid to the lessor or owner, or paid to others.
Liability Coverage – Cost of Hire Rating Basis For Autos NOT Used In Your Motor Carrier Operations (Other Than Mobile Or Farm Equipment)
Liability Coverage State
Estimated Annual
Cost Of Hire For Each State Premium
Primary Coverage $ $
Excess Coverage $ $
Total Premium $
For "autos" NOT used in your motor carrier operations, cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers.
SEE SCHEDULE, IF APPLICABLE
SEE SCHEDULE, IF APPLICABLE
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ITEM FOUR
Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Cont'd)
Physical Damage Coverages – Cost of Hire Rating Basis For All Autos (Other Than Mobile Or Farm Equipment)
Coverage State Limit Of Insurance
Estimated Annual
Cost Of Hire For Each
State
(Excluding Autos
Hired With A Driver) Premium
Comprehensive Actual Cash Value Or Cost Of
Repair, Whichever Is Less, Minus
$ $
$ Deductible
For Each Covered Auto, But No
Deductible Applies To Loss
Caused By Fire Or Lightning
Specified
Causes Of Loss
Actual Cash Value Or Cost Of
Repair, Whichever Is Less, Minus
$ $
$ Deductible
For Each Covered Auto For Loss
Caused By Mischief Or Vandalism
Collision Actual Cash Value Or Cost Of
Repair, Whichever Is Less, Minus
$ $
$ Deductible
For Each Covered Auto
Total Premium $
For Physical Damage Coverages, cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for any "auto" that is leased, hired, rented or borrowed with a driver.
See Schedule, If Applicable
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ITEM FOUR
Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Cont'd)
Cost Of Hire Rating Basis For Mobile Or Farm Equipment – Other Than Physical Damage Coverages Coverage State
Estimated Annual
Cost Of Hire For Each State Premium
Mobile Equipment Farm Equipment Mobile Equipment Farm Equipment Liability –
Primary
Coverage
$ $ $ $
Liability –
Excess
Coverage
$ $ $ $
Personal Injury
Protection
$ $ $ $
Medical
Expense
Benefits
(Virginia Only)
$ $ $ $
Income Loss
Benefits
(Virginia Only)
$ $ $ $
Auto Medical
Payments
$ $ $ $
Total Premiums $
Cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers.
See Schedule, If Applicable
See Schedule, If Applicable
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ITEM FOUR
Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Cont'd)
Cost Of Hire Rating Basis For Mobile Or Farm Equipment – Physical Damage Coverages Coverage State Limit Of Insurance
Estimated Annual
Cost Of Hire For Each State
(Excluding Autos Hired
With A Driver) Premium
Mobile
Equipment
Farm
Equipment
Mobile
Equipment
Farm
Equipment
Compre-
hensive
Actual Cash Value Or
Cost Of Repair,
Whichever Is Less, Minus
$ $ $ $
$ Ded.
For Each Covered Auto,
But No Deductible
Applies To Loss Caused
By Fire Or Lightning
Specified
Causes
Of Loss
Actual Cash Value Or
Cost Of Repair,
Whichever Is Less, Minus
$ $ $ $
$ Ded.
For Each Covered Auto
For Loss Caused By
Mischief Or Vandalism
Collision Actual Cash Value Or
Cost Of Repair,
Whichever Is Less, Minus
$ $ $ $
$ Ded.
For Each Covered Auto
Total Premiums $
See Schedule, If Applicable
For Physical Damage Coverages, cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for any auto that is leased, hired, rented or borrowed with a driver.
See Schedule, If Applicable
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ITEM FOUR
Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Co nt'd)
Rental Period Rating Basis For Mobile Or Farm Equipment Coverage
Town and State
Where The Job
Site Is Located
Estimated Number Of
Days Equipment Will
Be Rented Premium
Mobile
Equipment
Farm
Equipment Mobile Equipment Farm Equipment
Liability – Primary
Coverage
$ $
Liability – Excess
Coverage
$ $
Personal Injury
Protection
$ $
Medical Expense
Benefits
(Virginia Only)
$ $
Income Loss
Benefits
(Virginia Only)
$ $
Auto Medical
Payments
$ $
Total Premiums $ $
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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CA DS 03 03 10 © Insurance Services Office, Inc., 2009 Page 11 of 13
ITEM FIVE
Schedule For Non-ownership Liability
Named Insured's
Business Rating Basis Number Premium
Other Than Garage Service
Operations And Other Than
Social Service Agencies
Number Of Employees $
Number Of Partners
(Active and Inactive)
$
Garage Service Operations Number Of Employees Whose
Principal Duty Involves
The Operation Of Autos
$
Number Of Partners
(Active and Inactive)
$
Social Service Agencies Number Of Employees $
Number Of Volunteers Who
Regularly Use Autos
To Transport Clients
$
Number Of Partners
(Active and Inactive)
$
Total Premium $
ITEM SIX
Schedule For Gross Receipts Or Mileage Basis
Address Of Business Headquarters Location:
Type Of Risk (Check one): Public Autos Leasing Or Rental Concerns Rating Basis (Check one): Gross Receipts (Per $100) Mileage (Per Mile) Estimated Yearly (Gross Receipts Or Mileage):
Premiums
Liability $
Personal Injury Protection $
Added Personal Injury Protection $
Property Protection Insurance (Michigan Only) $
Auto Medical Payments $
Medical Expense And Income Loss Benefits (Virginia Only) $ Comprehensive $
Specified Causes Of Loss $
Collision $
Towing And Labor $
25 298.00
298.00
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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ITEM SIX
Schedule For Gross Receipts Or Mileage Basis (Cont'd)
Address Of Business Headquarters Location:
Type Of Risk (Check one): Public Autos Leasing Or Rental Concerns Rating Basis (Check one): Gross Receipts (Per $100) Mileage (Per Mile) Estimated Yearly (Gross Receipts Or Mileage):
Premiums
Liability $
Personal Injury Protection $
Added Personal Injury Protection $
Property Protection Insurance (Michigan Only) $
Auto Medical Payments $
Medical Expense And Income Loss Benefits (Virginia Only) $ Comprehensive $
Specified Causes Of Loss $
Collision $
Towing And Labor $
Address Of Business Headquarters Location:
Type Of Risk (Check one): Public Autos Leasing Or Rental Concerns Rating Basis (Check one): Gross Receipts (Per $100) Mileage (Per Mile) Estimated Yearly (Gross Receipts Or Mileage):
Premiums
Liability $
Personal Injury Protection $
Added Personal Injury Protection $
Property Protection Insurance (Michigan Only) $
Auto Medical Payments $
Medical Expense And Income Loss Benefits (Virginia Only) $ Comprehensive $
Specified Causes Of Loss $
Collision $
Towing And Labor $
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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CA DS 03 03 10 © Insurance Services Office, Inc., 2009 Page 13 of 13
When used as a premium basis:
FOR PUBLIC AUTOS
Gross receipts means the total amount earned by t he named insured for transporting passengers, mail and merchandise.
Gross receipts does not include:
A. Amounts paid to air, sea or land carriers operating under their own permits.
B. Advertising revenue.
C. Taxes collected as a separate item and paid directly to the government.
D. C.O.D. collections for cost of mail or merchandise including collection fees.
Mileage means the total live and dead mileage of all revenue producing "autos" during the policy period.
FOR RENTAL OR LEASING CONCERNS
Gross receipts means the total amount earned by the named insured for the leasing or renting of "autos" to others without drivers.
Mileage means the total live and dead mileage of all "autos" you leased or rented to others without drivers.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Page of
Form Schedule – Commercial Auto
Policy Number:
Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue:
Form Edition Description
Philadelphia Indemnity Insurance Company
PHPK2221777
IL N 119
CADS03
Hired Or Borrowed Auto Sche
CA0001
CA0143
CA2048
PI-AUT-001
PI-MANU-1
1015
0310
0706
0310
0507
0299
0116
0100
California Auto Body Repair Consumer Bill Of Rights
Business Auto Declarations
Schedule Of Hired Or Borrowed Covered Auto
Business Auto Coverage Form
California Changes
Designated Insured
Cap On Losses From Certified Acts Of Terrorism
PI-CA-004 PRIMARY AND NON-CONTRIBUTORY CLAUSE ENDORSEMENT 1 1
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Policy Number:
Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums
Coverage State Cost of Hire Deductible Rate Premium
Page of
PHPK2221777
Liability Coverage CA 5,000 2.67100 $ 134
$ 134Total Premium -
1 1
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :
POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #
COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
2/2/2021
(419) 724-1954(419) 255-755718058Nanogan Science & Services LLC dba Mad Science of the Bay Area48834 Kato Road, Ste. 110AFremont, CA 9453837478 A 500,000XPHPK22217773/1/20213/1/20221,000,0005,000500,0001,000,0001,000,0001,000,000A PHPK22217773/1/20213/1/2022 B 45WECAB20CK3/1/20213/1/20221,000,0001,000,0001,000,000AAbuse/MolestationPHPK22217773/1/2021Each Occ./Agg.:1,000,000AAccidental MedicalPHPA0635039/16/20209/16/2021Accidental Death25,000"The City of Fremont, its officers, officials, employees, agents and volunteers are included as Additional Insured's per form CG2026Location Address: 48834 Kato Road, Fremont, CA 94538" The City of Fremont, its officers, officials, employees, agents and volunteers3300 Capitol Ave Bldg BFremont, CA 94538 NANOSCI-01PATRA34
Hylant - Toledo811 Madison Ave.Toledo, OH 43604Krystal [email protected] Indemnity Ins CoHartford Ins Co of the Midwest X3/1/2022
X XXX X
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2221777
City of Fremont
3 23
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT Philadelphia Indemnity Insurance Company
PI-GLD-VS (05/17)
PI-GLD-VS (05/17)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY DELUXE ENDORSEMENT
SCHOOLS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.
Coverage Applicable Limit of Insurance Page #
Damage to Premises Rented to You $300,000 2
Extended Property Damage included 2
Non-Owned Watercraft Less than 58 feet 2
Supplementary Payments – Bail Bonds $2,500 2
Supplementary Payment – Loss of Earnings $500 per day 2 Medical Payments $15,000 3
Medical Payments – Extended Reporting Period 3 years 3 Employee Indemnification Defense Coverage for Employee $25,000 3 Additional Insured – Medical Directors and Administrators Included 3 Additional Insured – Managers and Supervisors Included 3 Additional Insured – Broadened Named Insured Included 3 Additional Insured – Funding Source Included 3
Additional Insured – Managers or Lessors of Premises Included 4 Additional Insured – By Contract, Agreement or Permit Included 4 Additional Insured – Broad Form Vendors Included 4
General Aggregate – Per Campus Included 5
Duties in the Event of Occurrence, Claim or Suit Included 6 Other Insurance – Primary Additional Insured Included 6 Other Insurance – You Are An Additional Insured On
Another Person’s Or Organization’s Policy
Included 7
Unintentional Failure to Disclose Hazards Included 8
Liberalization Included 8
Bodily Injury – includes Mental Anguish Included 8
Personal and Advertising Injury – includes Abuse of
Process, Discrimination
Included 8
Transfer of Rights of Recovery Against Others To Us Clarification 9 Science Laboratory “Occurrence” $50,000 9
Medical Incident Liability – Nurse and Athletic Trainer Included 9
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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PI-GLD-VS (05/17)
PI-GLD-VS (05/17)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
A. Damage to Premises Rented to You
1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word “fire” is changed to “fire, lightning, explosion, smoke, or leakage from automatic fire protective systems” where it appears in:
a. The last paragraph of SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions;
b. SECTION III - LIMITS OF INSURANCE, Paragraph 6.;
c. SECTION V – DEFINITIONS, Paragraph 9.a.
2. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the words “Fire insurance” are changed to “insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems” where it appears in:
a. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance
3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of:
a. $300,000; or
b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit.
This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof.
B. Extended “Property Damage”
SECTION I - COVERAGES. COVERAGE A, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted and replaced by the following:
a. Expected or Intended Injury
“Bodily Injury” or “Property Damage” expected or intended from the standpoint of the insured.
This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property.
C. Non-Owned Watercraft
SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is amended to read as follows:
(2) A watercraft you do not own that is:
(a) Less than 58 feet long; and
(b) Not being used to carry persons or property for a charge;
This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insur ance available to the insured whether primary, excess or contingent.
D. Supplementary Payments
Under the SUPPLEMENTARY PAYMENTS - COVERAGE A AND B provision, Items 1.b. and 1.d.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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PI-GLD-VS (05/17)
PI-GLD-VS (05/17)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. are amended as follows:
1. The limit for the cost of bail bonds is changed from $250 to $2,500; and
2. The limit for loss of earnings is changed from $250 a day to $500 a day.
E. Medical Payments - Limit Increased to $15,000, Extended Reporting Period
If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part:
1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of:
a. $15,000; or
b. The Medical Expense Limit shown in the Declarations of this Coverage Part.
2. SECTION I – COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, the second part of Paragraph a. is amended to read:
provided that:
(2) The expenses are incurred and reported to us within three years of the dat e of the accident;
F. Employee Indemnification Defense Coverage
Under the SUPPLEMENTARY PAYMENTS - COVERAGES A AND B provision, the following is added:
3. We will pay, on your behalf, defense costs incurred by an “employee” in a criminal proceeding.
The most we will pay for any “employee” who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of “employees”, claims or “suits” brought or persons or organizations making claims or bringing “suits”.
G. SECTION II - WHO IS AN INSURED is amended as follows:
1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a. is changed to read:
a. Coverage under this provision is afforded until the end of the policy period.
2. Each of the following is also an insured:
a. Medical Directors and Administrators - Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such.
b. Managers and Supervisors - If you are an organization other than a partnership or joint venture, your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors.
c. Broadened Named Insured - Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance.
d. Funding Source - Any person or organization with respect to their liability arising out of:
(1) Their financial control of you; or
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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PI-GLD-VS (05/17)
PI-GLD-VS (05/17)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2) Premises they own, maintain or control while you lease or occupy these premises.
This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization.
e. Managers or Lessors of Premises - Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased to you subject to the following additional exclusions:
This insurance does not apply to:
(1) Any “occurrence” which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization.
f. By Contract, Agreement or Permit - Any person or organization with whom you agreed, because of a written contract or agreement or permit, to provide insurance such as is afforded under this policy, but only with respect to your operations, “your work” or facilities owned or used by you.
(1) This provision does not apply:
(a) Unless the written contract or agreement has been executed or permit has been issued prior to the “bodily injury,” “property damage,” “personal and advertising injury”:
(b) To any person or organization included as an insured under g. Broad Form Vendors below; or
(c) To any person or organization included as an insured by an endorsement issued by us and made a part of this Coverage Part.
(2) When an engineer, architect or surveyor becomes an insured under this Coverage Part, the following additional exclusion applies:
(a) “Bodily injury”, “property damage”, “personal and advertising injury” arising out of the rendering of or the failure to render any professional services by or for you, including:
(i) The preparing, approving, or failing to approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; and
(ii) Supervisory, inspection, or engineering services. (3) When a lessor of leased equipment becomes an insured under this Coverage Part, the following additional exclusions apply:
(a) To any “occurrence” which takes place after the equipment lease expires; or (b) To “bodily injury” or “property damage” arising out of the sole negligence of the lessor. (4) When owners or other interests from whom land has been leased become an insured under this Coverage Part, the following additional exclusions apply:
(a) Any “occurrence” which takes place after you cease to lease that land; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of the owners or other interests from whom land has been leased.
g. Broad Form Vendors - Any person or organization with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to “bodily injury” or “property damage” arising out of “your products” which are distributed or sold in the regular course of the vendor’s business, subject to the following additional exclusions.
(1) The insurance afforded the vendor does not apply to:
(a) “Bodily injury” or “property damage” for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement;
(b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing or substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT Philadelphia Indemnity Insurance Company
PI-GLD-VS (05/17)
PI-GLD-VS (05/17)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor’s premises in connection with sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor .
(2) This provision does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products.
(3) This provision does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Coverage Part.
(4) This provision does not apply if “bodily injury” or “property damage” included within the “products-completed operations hazard” is excluded either by the provisions of the Coverage Part or by endorsement.
H. Per Campus – General Aggregate
SECTION III – LIMITS OF INSURANCE is amended to include the following provisions:
1. For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under SECTION I – COVERAGE, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under SECTION I – COVERAGE, COVERAGE C MEDICAL PAYMENTS which can be attributed only to operations at a single designated “campus” shown in the Declarations:
a. A separate Per Campus General Aggregate Limit is applicable to each single designated “campus” shown in the Declarations and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations.
b. The Per Campus General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard,” and for medical expenses under COVERAGE C regardless of the number of:
(1) Insureds;
(2) Claims made or “suits” brought; or
(3) Persons or organizations making claims or bringing “suits.”
c. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Per Campus General Aggregate Limit for that designated “campus.” Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Per Campus General Aggregate Limit for any other designated “campus” shown in the Declarations.
d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Per Campus General Aggregate Limit.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT Philadelphia Indemnity Insurance Company
PI-GLD-VS (05/17)
PI-GLD-VS (05/17)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
2. For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under SECTION I – COVERAGE, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABIITY, and for all medical expenses caused by accidents under SECTION I – COVERAGE, COVERAGE C MEDICAL PAYMENTS which cannot be attributed only to operations at a single designated “campus” shown in the Declarations:
a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and
b. Such payments shall not reduce any separate designated “campus” General Aggregate Limit.
3. When coverage for liability arising out of the “products-completed operations hazard” is provided, any payment for damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard” will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Per Campus General Aggregate Limit.
4. SECTION V – DEFINITIONS is amended by adding the following:
“Campus” is defined as premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.
5. The provisions of SECTION III – LIMITS OF INSURANCE not otherwise modified by the above shall continue to apply as stipulated.
I. Duties in the Event of Occurrence, Claim or Suit
1. The requirement in Paragraph 2.a. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we are notified as soon as practicable of an “occurrence” or an offense, applies only when the “occurrence” or offense is known to:
a. You, if you are an individual;
b. A partner, if you are a partnership; or
c. An executive officer or insurance manager, if you are a corporation.
2. The requirement in Paragraph 2.b. of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we receive notice of a claim or “suit” as soon as practicable will not be considered breached unless the breach occurs after such claim or “suit” is known to:
a. You, if you are an individual;
b. A partner, if you are a partnership; or
c. An executive officer or insurance manager, if you are a corporation.
J. Other Insurance – Primary Additional Insured
1. If the written contract or agreement or permit requires this insurance to be primary for any person or organization with whom you agree to include in SECTION II - WHO IS AN INSURED, then SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance is replaced by the following:
If other valid and collectible insurance is available for a loss we cover under COVERAGE A of this Coverage Part, our obligations are limited as follows:
a. Primary Insurance - This insurance is primary. We will not seek contributions from other DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT Philadelphia Indemnity Insurance Company
PI-GLD-VS (05/17)
PI-GLD-VS (05/17)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. insurance available to the person or organization with whom you agree to include in SECTION II - WHO IS AN INSURED, except when 2. below applies.
b. Excess Insurance -This insurance is excess over any of the other insurance whether primary, excess, contingent or any other basis:
(1) That is Fire, Extended Coverage, Builder’s Risk, Installation Risk or similar coverage for “your work”;
(2) That is Fire, lightning or explosion insurance for premises rented to you; or temporarily occupied by you with permission of the owner; or
(3) If the loss arises out of the maintenance or use of aircraft, “autos” or watercraft to the extent not subject to SECTION I – COVERAGE, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g.
When this insurance is excess, we will have no duty under Coverages A or B to defend any claim or “suit” that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured’s rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
(2) The total of all deductible and self-insured amounts under all other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this excess insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.
c. Method of Sharing - If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.
If any or the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer’s contribution is based on the ratio of its applicable limits of insurance of all insurers.
2. This provision only applies with respect to your operations, “your work” or facilities owned or used by you.
K. Other Insurance – You Are An Additional Insured On Another Person’s Or Organization’s Policy
If you are an insured under SECTION II - WHO IS AN INSURED, then SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. OTHER INSURANCE, Paragraph b. Excess Insurance is replaced by the following:
This insurance is excess over any other insurance, whether primary, excess, contingent or on any other basis:
1. That is Fire, Extended Coverage, Builders Risk, Installation Risk or similar coverage for “your work”;
2. That is Fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner;
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT Philadelphia Indemnity Insurance Company
PI-GLD-VS (05/17)
PI-GLD-VS (05/17)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
3. If the loss arises out of the maintenance or use of aircraft, “autos” or watercraft to the extent not subject to SECTION I – COVERAGE, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g.; or
4. When any of the Named Insureds, under this Coverage Part, are additional insureds under a commercial general liability policy or similar insurance of another party.
When this insurance is excess, we will have no duty under Coverages A or B to defend any claim or “suit” that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured’s rights against all those other insureds.
When this insurance is excess or other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
1. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
2. The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.
L. Unintentional Failure To Disclose Hazards
It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.
M. Liberalization
If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state.
N. Bodily Injury - Mental Anguish
SECTION V – DEFINITIONS, Paragraph 3. is changed to read:
“Bodily Injury”:
a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and
b. Except for mental anguish, includes death resulting from the foregoing (item a. above) at any time.
O. Personal and Advertising Injury – Abuse of Process, Discrimination
If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of “personal and advertising injury” is amended as follows:
1. SECTION V – DEFINITIONS, Paragraph 14. b. is revised to read:
b. Malicious prosecution or abuse of process:
2. SECTION V – DEFINITIONS, Paragraph 14. is amended to include the following:
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT Philadelphia Indemnity Insurance Company
PI-GLD-VS (05/17)
PI-GLD-VS (05/17)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. “Personal Injury” also means discrimination based on race, color, religion, sex, age or national origin, except when:
a. Done intentionally by or at the direction of, or with the knowledge or consent of:
(1) Any insured; or
(2) Any executive officer, director, stockholder, partner or member of the insured; or b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; or
c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling.
The above does not apply to fines or penalties imposed because of discrimination.
P. Transfer of Rights of Recovery Against Others To Us
As a clarification, the following is added to SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 8. Transfer of Rights of Recovery Against Others To Us:
Therefore, the insured can waive the insurer’s Rights of Recovery prior to the occurrence of a loss, provided the waiver is made in a written contract.
Q. Science Laboratory “Occurrence”
SECTION I – COVERAGE, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph f. does not apply to any “bodily injury” or “physical damage” arising out of a fire or “occurrence” in any of your science laboratories while teaching is being conducted in that laboratory, subject to a $50,000 per policy limit.
R. Medical Incident Liability-Nurse and Athletic Trainer
1. SECTION II – WHO IS AN INSURED, Subparagraph 2.a. (1) (d) is deleted and replaced by the following:
(d) Arising out of his or her providing or failing to provide professional medical services. This paragraph does not apply to a registered or practical nurse or athletic trainer, while acting within the scope of his or her duties for the Named Insured and arising out of a “medical incident”.
2. SECTION V – DEFINITIONS, 13. is deleted and replaced by the following:
“Occurrence” means an accident, including continuous or repeated exposure to substantially the same general harmful conditions, and “medical incident”.
3. The following definition is added to SECTION V – DEFINITIONS:
“Medical Incident” means any act or omission in the furnishing or failure to furnish professional medical services by the insured or any person acting under the personal direction, control, or supervision of the insured. Any such act or omission together with all related act s or omissions in the furnishing of such services to any one person shall be considered one “medical incident”.
“Medical incident” does not include any actual, alleged or threatened emotional, physical, or sexual abuse of any patient or professional medical services recipient.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT
1 SvcsAmend (2022-1)
AMENDMENT NO. 1 TO RECREATION SERVICE AGREEMENT
NO. 21-0428
This Amendment No. 1 is made and entered into by and between the City of Fremont, a municipal corporation ("City"), and Nanogan Science & Services dba Mad Science of Bay Area ("Contractor”).
RECITALS
A. On September 17, 2021 City and Contractor entered into the original Recreation Service Agreement (“Agreement”) in the amount of $75,000 for Mad Science classes and camps instruction.
B. City and Contractor now desire to amend the Agreement to increase compensation after negotiations the Parties agree as set forth below.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. PAYMENT. City will pay Contractor an amount not to exceed $225,000 for additional services rendered under this Amendment. Thus, the total compensation payable to Contractor in accordance with the Agreement as amended herein shall not exceed: $300,000 ($75,000 for the original Agreement plus $225,000 for this Amendment).
2. INCORPORATION BY REFERENCE. Unless specifically modified by this Amendment, all terms and conditions set forth in the Agreement are incorporated by reference and shall remain in full force and effect.
3. ENTIRE AGREEMENT. The Agreement (including this Amendment and all documents incorporated by reference) comprises the entire integrated understanding between the parties concerning the services described in the Agreement. This Amendment supersedes all prior negotiations, agreements, and understandings regarding the additional services described herein, whether written or oral. The documents incorporated by reference into this Amendment are complementary; what is called for in one is binding as if called for in all.
4. SIGNATURES. The individuals executing this Amendment represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Amendment on behalf of the respective legal entities of the Contractor and the City. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the City and Contractor hereby agree to the terms set forth herein.
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Attachment: Nanogan dbaMad Science DRAFT Amendment 1 to Agreement No 21-0428 (4727 : APPROVAL TO AMEND MAD SCIENCE CITY OF FREMONT AMENDMENT NO. 1 TO RECREATION SERVICE AGREEMENT NO. 21-0428
2 SvcsAmend (2022-1)
CITY OF FREMONT CONTRACTOR
__________________________ ________________________
By: Brian Stott By: Bhavani Kanneganti
Title: Assistant City Manager Title: Managing Member Date: __________________________ Date: ________________________ [email protected]
APPROVED AS TO FORM:
________________________
By: Bronwen Lacey
Title: Senior Deputy City Attorney
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Attachment: Nanogan dbaMad Science DRAFT Amendment 1 to Agreement No 21-0428 (4727 : APPROVAL TO AMEND MAD SCIENCE Fremont City Council Meeting: 10/18/22 07:00 PM
3300 Capitol Avenue Div/Dept: Business Systems
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors: Business Manager Michelle Silva-Salinas
STAFF REPORT (ID # 4729) DOC ID: 4729
Updated: 10/12/2022 9:41 AM by Alberto Quintanilla Page 1
CIPPLANNER/CIPACE CONSULTING SERVICES AND SUPPORT CONTRACTS APPROVAL - Authorize the City Manager or Designee to Enter into Agreements and Issue Purchase Orders with Keenology Corporation dba CIPPlanner Corporation for the Software Installation, Hardware Refresh, and Professional Services for the City’s Capital Improvement Program Software System in an Amount Not to Exceed $84,000 and to Authorize Annual Support and Maintenance for a Five-Year Period in an Amount Not to Exceed $74,328 Contact Persons:
Name: Alicia Hernandez Sanford Taylor
Title: Division Manager IT Director
Div/Dept: Business Systems Information Technology Services Phone: 510-494-4805 510-494-4802
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to authorize the approval of two agreements with Keenology Corporation dba CIPPlanner Corporation: A Technology Service Agreement (TSA) for the upgrade of the Capital Improvement Program (CIP) management software system; and an annual Support and Maintenance Agreement.
BACKGROUND: The City has used CIPAce software to administer the Capital Improvement Program (CIP) budget process for over 15 years. This software tracks the details, funding sources, and justification around each project.
DISCUSSION/ANALYSIS: Keenology Corporation dba CIPPlanner Corporation is the proprietary vendor of CIPAce, the CIP management software system for the City. The current version of the software requires Microsoft Internet Explorer (IE). However, IE has been decommissioned, resulting in the need to upgrade. The software system upgrade will also provide an improved user experience and features enhancements around system functionality, reporting, and 3rd party software interactions (such as the latest Microsoft products [Word, Excel]).
A sole source justification was approved in accordance with the City’s administrative procedures. The CIPAce software system is the current solution deployed at the City and software upgrades and maintenance, software license renewals, and operating system maintenance services where the city has previously procured software and operating systems are exempt from the competitive procurement process pursuant to Fremont Municipal Code section 3.20.280(c). In addition, Keenology Corp, dba CIPPlanner Corp, is the sole provider of technical support, upgrade, and implementation services for the CIPAce software.
The agreement for professional services is for the term of two software system upgrades, the first upgrade occurring in Year 1 and a second upgrade in Year 4 (see table below). The cost for both upgrades is a one-time estimated amount of $70,000, with a 20% contingency, in an amount not to exceed $84,000. This includes the software installation, hardware refresh, and professional services. The annual support and maintenance
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Staff Report (ID # 4729) Meeting of October 18, 2022
Updated: 10/12/2022 9:41 AM by Alberto Quintanilla Page 2 agreement provides on-going support of the CIPAce software for a five-year period (total cost of $74,327.88). Support agreements provided by the vendor ensure that the CIP software system is kept updated with modern technology and patched regularly for cybersecurity protection. Software support agreements are also necessary for the ongoing support and maintenance in the event of a system malfunction.
Software Upgrade
(One-Time Cost)
Annual Support, &
Maintenance (On-going Cost) Annual Total
Year 1 $45,000.00 $14,000.00 $59,000.00
Year 2 $14,420.00 $14,420.00
Year 3 $14,852.60 $14,852.60
Year 4 $25,000.00 $15,298.18 $40,298.18
Year 5 $15,757.10 $15,757.10
20% Contingency $14,000.00 - $14,000.00
Total: $84,000.00 $74,327.88 $158,327.88
FISCAL IMPACT: The not-to-exceed amount for this project is $158,327.88. The annual cost for both agreements will be funded by PWC 8230 CIP Preparation. PWC 8230 is replenished annually, as needed, to cover software professional services and support costs, and currently has available appropriations of approximately $280,000.
ENVIRONMENTAL REVIEW: The recommended action related to a software upgrade agreement is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and it has no possibility of a significant effect on the environment, as specified in CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.
ATTACHMENTS: None.
RECOMMENDATIONS:
1. Authorize the City Manager or designee to execute an agreement with Keenology Corporation dba CIPPlanner Corporation, in an amount not-to-exceed $84,000, to provide software installation, hardware refresh, and professional services for the Capital Improvement Program management software.
2. Authorize the City Manager or designee to execute a 5-year agreement with Keenology Corporation dba CIPPlanner Corporation, in a total amount not-to-exceed $74,328, to provide annual support and maintenance for the Capital Improvement Program management software.
3. Authorize City Manager or designee to execute any implementing docu ments and take any implementing actions as necessary.
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Fremont City Council Meeting: 10/18/22 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Grants
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4714) DOC ID: 4714
Updated: 10/12/2022 1:46 PM by Alberto Quintanilla Page 1 HAZARD MITIGATION GRANT FUNDS - Accept and Appropriate Federal Emergency Management Agency Hazard Mitigation Grant Funds in the amount of $187,500 to Update the Local Hazard Mitigation Plan
Contact Persons:
Name: Alec Tune Donna Do
Title: Emergency Services Manager Management Analyst II Div/Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]
Executive Summary: Staff seek City Council approval to accept a grant award obligated by the Federal Emergency Management Agency (FEMA) and the California Governor’s Office of Emergency Services (Cal OES) to the City of Fremont in the amount of $187,500, and to enter into an agreement with Cal OES to appropriate and use the funds to update the City’s Local Hazard Mitigation Plan (LHMP). Pursuant to FEMA rules and best practices, staff propose a partnership among neighboring jurisdictions to prepare a new, Tri-Cities Multi- jurisdictional LHMP that will meet all FEMA regulatory requirements, including requirements to update the City’s LHMP.
BACKGROUND: FEMA’s Hazard Mitigation Grant Program (HMGP) supports State and local governments with grant funding following Presidentially declared Major Disasters in order to rebuild damaged infrastructure in affected areas in a safer and more resilient manner.
HMGP funding may also be allocated to areas not directly impacted by a disaster in order to mitigate risk following future incidents. Eligible activities include conducting planning to assess and reduce risks, making capital improvements to public infrastructure, and taking other steps to reduce community risk.
The City is required by federal law to prepare and maintain a LHMP, updating it once every five years, as a condition of receiving HMGP funding. An exception to this requirement is that funding for preparing or updating an LHMP is allowable at any time. FEMA and Cal OES allow and encourage local governments to jointly develop Multi-jurisdictional LHMPs over planning areas which encompass multiple public jurisdictions. This approach is most appropriate when jurisdictions share a common profile of hazards (e. g. seismicity, flooding, wildland-urban interface fire, tsunami, etc.) and provide services across a common geographic area. Benefits include improving communication and coordination across jurisdictions, maximizing economies of scale by sharing costs and resources, promoting data sharing and analysis among jurisdictions, and minimizing duplication of effort. Multi - jurisdictional LHMPs may afford a better value when contracting professional services.
A LHMP is not required in order for the City to be considered for Federal and State disaster assistance funding to recover emergency response-related costs or to rebuild damaged public infrastructure following a Major Disaster or Emergency.
DISCUSSION/ANALYSIS: FEMA allocates HMGP funding to states according to a formula of 20 percent of eligible damage following Major Disasters. Cal OES allocates FEMA HMGP
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Staff Report (ID # 4714) Meeting of October 18, 2022
Updated: 10/12/2022 1:46 PM by Alberto Quintanilla Page 2 funding to municipalities and other eligible public entities through a competitive grant sub- application process. To date, Cal OES has received $592 million in FEMA funding related to the 2020 California Wildfires. In allocating associated HMGP funding to sub-applicants, Cal OES specifically identified LHMPs expiring within 24 months as its highest priority.
In June 2021, following extensive coordination with neighboring jurisdictions, the City submitted a proposal to Cal OES for funding to complete a Tri-Cities Multi-jurisdictional LHMP. Emergency Management personnel from the City of Fremont, City of Newark, City of Union City, Alameda County Water District, and the Union Sanitary District agreed to participate in the proposed project and are prepared to recommend entering into a Memorandum of Agreement to formalize joint participation and share financial risk associated with the grant.
Previously, the City of Newark and the City of Union City partnered with the Alameda County Water District and Union Sanitary District to complete a Multi-jurisdictional LHMP.
The plan was adopted by the respective jurisdictions’ governing bodies and subsequently approved by FEMA on August 18, 2017. The City of Fremont’s LHMP was adopted by the City Council on December 20, 2016 and was subsequently approved by FEMA on January 9, 2017.
The new Tri-Cities Multi-jurisdictional LHMP will be prepared consistent with industry best practices; Federal and State guidance; and applicable laws, rules, and regulations. The funding will be used to hire a consultant, through competitive solicitation, to prepare the plan under the direction of a Project Management Team consisting of subject matter experts from the City of Fremont, the City of Newark, the City of Union City, Alameda County Water District, and Union Sanitary District. The consultant will be responsible for completing the following project tasks: identifying, collecting and reviewing existing plans and formulating a plan outline; identifying applicable hazards and collecting relevant data; developing and running technical modelling of select hazards using FEMA-developed software; assessing risks and documenting these assessments; developing public outreach strategies and materials to promote public engagement; developing hazard mitigation strategies and goal s common to the Tri-City area and particular to each jurisdiction; preparing the draft plan and soliciting comments; preparing a final draft plan; and supporting the plan adoption process.
The consultant will facilitate interagency meetings including a project kickoff meeting, project steering committee meetings, and various planning meetings. The final project deliverable is a new FEMA-approved Tri-Cities Multi-jurisdictional LHMP, subject the City Council’s adoption of the plan.
On September 6, 2022, Cal OES notified the City of its intent to award grant funding on a cost-reimbursement basis, not to exceed $187,500. However, this amount may be supplemented by additional funding in order to cover the City’s indirect costs associated with managing the grant. The City may opt to receive a lump sum in the amount of ten percent of reimbursed costs, not to exceed $18,750. Additionally, the City is responsible for meeting a matching requirement of $62,500 which may be met entirely through in-kind contributions of participating agency staffs’ hours. All work must be completed by August 26, 2024.
FISCAL IMPACT: The HMGP funding of $187,500 (75% Federal share) has a matching requirement of $62,500 (25% local share), which can be met through in-kind contributions of participating agency staffs’ hours. The City is monitoring whether a reduction in the
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Staff Report (ID # 4714) Meeting of October 18, 2022
Updated: 10/12/2022 1:46 PM by Alberto Quintanilla Page 3 matching requirement to $25,000 (10% local share) may apply, based on a March 2022 announcement by FEMA. Any funding for indirect costs may result in minor net increases in revenue to the City, which are offset only by the opportunity cost of diverting staff time to the project.
ENVIRONMENTAL REVIEW: N/A
LINKS: March 2022 announcement by FEMA
ATTACHMENTS:
• Award Package
RECOMMENDATIONS:
1. Accept the HMGP funding in the amount of $187,500.
2. Recognize the grant revenue and appropriate $187,500, as well as any additional supplemental funding, in the Federal Operating Grants Fund (Fund 199).
3. Authorize the City Manager or designee to execute all necessary agreements and documents in connection with the grant award.
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3650 SCHRIEVER AVENUE MATHER, CA 95655
RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
September 12, 2022
Alec Tune
Emergency Services Manager
Fremont, City of
3300 Capitol Avenue, Building A
Fremont, CA 94538
Subject: Notification of Subapplication Approval
Hazard Mitigation Grant Program
FEMA-4558-DR-CA, Project #PL0758, FIPS #001-26000
Supplement #45
Dear Mr. Tune:
The California Governor’s Office of Emergency Services (Cal OES) received notification that the Federal Emergency Management Agency (FEMA) has approved your organization’s subaward application in the amount of $187,500.00. A copy of the FEMA award package is enclosed for your records.
In order to receive payment as a grant subrecipient, your organization must have the following on file with the Recovery Financial Processing Unit:
A valid, current (approved within the last 3 years) Governing Body Resolution
A Project Assurances for Federal Assistance agreement A Supplemental Grant Subaward Information sheet
A current Federal Funding Accountability and Transparency Act (FFATA) Financial Disclosure form. This form must be submitted each fiscal year. An active registration with the federal System for Award Management (SAM) website. The registration must remain active for the duration of this grant subaward.
For your convenience, this subapplication approval package includes the required post-obligation documents as well as guides to completing and renewing a SAM registration. Please complete the documents and mail copies to the address listed at the end of this letter, keeping the originals with your records.
Alternatively, you may scan and email the completed documents to the Recovery Financial Processing Unit at [email protected].
Electronic copies of the post-obligation documents can also be requested at the same address.
GAVIN NEWSOM
GOVERNOR
MARK S. GHILARDUCCI
DIRECTOR
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Attachment: Award Package (4714 : ACCEPT AND APPROPRIATE HAZARD MITIGATION GRANT FUNDS TO UPDATE THE LOCAL HAZARD Mr. Tune