AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND INTERWEST CONSULTING GROUP INC.
THIS AGREEMENT FOR CONSULTING SERVICES (this "Agreement") is made between the City of Redondo Beach, a Chartered Municipal Corporation ("City") and Interwest Consulting Group inc., a Colorado corporation ("Consultant" or "Contractor").
The parties hereby agree as follows:
1. Description of Project or Scope of Services. The project description or scope of services to be provided by Consultant, and any corresponding responsibilities of City, or services required to be performed by City are set forth in Exhibit "A."
2. Term and Time of Completion. Consultant shall commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit "B".
3. Compensation. City agrees to pay Consultant for work performed in accordance with Exhibit "C"
*****
GENERAL PROVISIONS
1. Independent Contractor. Consultant acknowledges, represents and warrants that Consultant is not a regular or temporary employee, officer, agent, Joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Consultant shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Consultant's sole responsibility.
2. Brokers. Consultant acknowledges, represents and warrants that Consultant has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Consultant shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials, shall be specific for the project herein and shall not be used by the City for any other project without Consultant's consent.
Notwithstanding the foregoing, Consultant shall not be obligated to assign any proprietary software or data developed by or at the direction of Consultant for 1 Consultant's own use; provided, however, that Consultant shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice. Inspections by the City shall not relieve or minimize the responsibility of Consultant to conduct any inspections Consultant has agreed to perform pursuant to the terms of this Agreement. Consultant shall be solely liable for said inspections performed by Consultant. Consultant shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Consultant hereunder.
5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit "C", the City in its sole discretion may, upon notice to Consultant, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Consultant. City shall furnish Consultant to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Consultant's services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Consultant.
6. Records. Consultant, including any of its subcontractors shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit "A". ". Consultant, including any of its subcontractors shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four (4) years after Consultant's completion of performance of this Agreement. Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
7. Changes and Extra Work. All changes and/or extra work under this Agreement shall be provided for by a subsequent written amendment executed by City and Consultant.
8. Additional Assistance. If this Agreement requires Consultant to prepare plans and specifications, Consultant shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Consultant shall issue any necessary addenda to the plans and specifications as requested. In the event Consultant is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Consultant acknowledges, represents and warrants that Consultant is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement. Consultant shall perform in accordance with generally accepted professional practices and standards of Consultant's profession.
10. Business License. Consultant shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the project or services hereunder, immediately upon written notice to Consultant. In the event of any such termination, Consultant shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; and (2) necessary materials or services of others ordered by Consultant for this Agreement, prior to Consultant's receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Consultant is not able to cancel such orders. Compensation for Consultani in such event shall be determined by the City in accordance with the percentage of the project or services completed by Consultant; and all of Consultant's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Consultant shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages if any, sustained by the City by virtue of Consultant's breach of this Agreement.
13. Conflict of Interest. Consultant acknowledges, represents and warrants that Consultant shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement.
Consultant further acknowledges, represents and warrants that Consultant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Consultant acknowledges that in the event that Consultant shall be found by any judicial or administrative body to have any conflict 3 of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.
14. Indemnity. To the maximum extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents (collectively "Indemnitees") from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Consultant's performance or work hereunder (including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement. a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Consultant because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
15. Insurance. Consultent shall comply with the requirements set forth in Exhibit "D." Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.
16. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Consultant shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and non-discrimination laws.
18. Limitations upon Subcontracting and Assignment. Consultant acknowledges that the services which Consultant shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Consultant shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in 4 writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Consultant, Consultant shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Consultant and subcontractor. Any attempt by Consultant to assign any or all of its rights under this Agreement without first obtaining the City's prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent (25%) or more of the ownership interest in Consultant or twenty-five percent (25%) or more the voting control of Consultant (whether Consultant is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement. Further, the involvement of Consultant or its assets in any transaction or series of transactions (by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Consultant's assets occurs, which reduces Consultant's assets or net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this Agreement.
19. Subcontractors. Consultant shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Consultant shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.
20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Consultant and City may be used to assist in the interpretation of the exhibits to this Agreement.
21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
22. Conflicting Provisions. In the event of a conflict between the terms and conditions of shall prevail. In the event of a conflict between the terms and conditions of any two those prepared by Consultant.
23. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Consultant hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.
24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Consultant, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement. 5 25. Time of Essence. Time is of the essence of this Agreement.
26. Confidentiality. To the extent permissible under law, Consultant shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered "third parties."
28. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law.
Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
29. Attorneys' Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees (including expert witness fees) and costs. This provision shall survive the termination of this Agreement.
30. Claims. Any claim by Consultant against City hereunder shall be subject to Government Code §S 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.
31. Interpretation. Consultant acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
32. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Consultant warrants as follows: Consultant possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purposes).
Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of thirty (30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Consultant, at Consultant's expense, including shipping. Consultant shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit "C" hereto.
33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed, and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this 6 Agreement on behalf of City. The party signing on behalf of Consultant warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Consultant, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Consultant.
Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
SIGNATURES FOLLOW ON NEXT PAGE
IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this gth day of February, 2021.
CITY OF REDONDO BEACH, INTERWEST CONSULTING GROUP INC., a chartered municipal corporation a Colorado corporation - DocuSigned by:
- DocuSigned by:
William C. Brand
-E6413C7231DF4E1.
-DEBD89F0EB514CB.
By:
William C. Brand, Mayor Name: Terry Rodrigue
Title: President
ATTEST: APPROVED:
-DocuSigned by: - DocuSigned by:
Eleanor Manzano Diane Strickfaden
-72F2AC716C214CF.. -ABEDBCF35EEF48C.
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
DocuSigned by:
Michael W. Webb
-669049EDE03D402
Michael W. Webb, City Attorney
EXHIBIT "A"
SCOPE OF WORK
CONSULTANT'S DUTIES
Consultant shall provide the following plan check and building inspection services for building improvements on an as-needed basis.
A. Plan Review: Upon City's request, attend meetings via electronic video conferencing, at City Hall, or at a job site to resolve plan check matters or questions. Review submitted plans or subsequent corrections by telephone, video conferencing, or email with the project's applicant, engineer/architect, ind City staff. The mode of communication will be at City's discretion. Ensur he review is performed by a California reaistered/licensed brofessional wh is within his/her respective field of competency. Ensure all plan check services are performed by a California licensed professional authorized to prepare and sign such plans.
1. Provide thorough and efficient plan review services for commercial, industrial, and complex residential projects as set forth below. a. Review and recheck architectural, structural, grading, mechanical, plumbing, electrical, fire and life safety, accessibility, Calgreen, energy plans, calculations, reports, and specifications for compliance as described herein.
b. Recheck plans after the applicant has made corrections. c. Feview and recheck field changes and deferred submittals. d. Review and recheck of any additional work on the project.
2. Ensure plan review complies with all laws, regulations, codes, ordinances, policies, and rules. Provide specific, detailed, complete plan review letter comments, and reference plan sheet numbers and code sections where applicable. Provide two copies (one hard copy and one electronic) of the plan check correction list to the City for each project reviewed.
3. Consider geo-technical reports, testing lab reports and any other in the plan review process.
4. Perform accelerated plan review.
5. Attend pre-submittal and design discussion meetings with the permit applicant as requested by the City.
6. Return telephone calls on the same day. Ensure a live person answers the City's telephone calls. Provide cell phone number to the City to ensure City shall be able to contact Consultant from 7:30 A.M. and 5:30 P.M., 9 Monday through Friday (except holidays).
7. Provide plans pick up and drop off at the City at no charge to the City.
Upon receipt of notification from the City, pick up the plans within 24 hours.
8. Review structural plans and ensure the review is performed by at least a registered Structural Engineer.
9. Ensure accessible plans are reviewed by at least a Certified Access Specialist (CASp).
10. Recommend which records the City must provide to the Consultant as described in Section Il of this Exhibit "A". The research of and the familiarity with the records shall be Consultant's responsibility.
11. Comply with the schedule set forth below. The turnaround time shall be measured from the date Consultant receives the plan to the date the City receives the plan with Consultant's complete comments.
Structural and Architectural (Includes Disabled Access, Calgreen, and Energy)
Regular plan check 15 working days
Accelerated plan check over $1,000,00 in valuation 10 working days Accelerated plan check under $1,000,000 in valuation 5 working days Grading
Regular plan check 10 working days
Accelerated plan check 5 working days
Plumbing, Mechanical, and Electrical
Regular plan check 8 working days
Accelerated plan check 4 working days
B. Inspections: Upon City's request, provide International Code Council ("ICC") or Other Certified and experienced inspectors to conduct inspections of all phases of construction to ensure compliance with approved plans, laws, regulations, codes, ordinances, policies, and rules, including but not limited to, those relating to structural integrity, fire and life safety, electrical, plumbing, heating and air conditioning, energy conservation, handicap access, grading and site work. Contract inspection services includes enforcement of conditions and plan's requirements as approved by the City for which the permit was issued. At the request of the City, perform building inspections after hours.
Ensure building inspectors perform after-hours stand-by emergency response in the event of any emergency, including but not limited to fires and accidents. 10 Il. CITY'S DUTIES
City shall provide the consultant with access to copies of all adopted Building Code Amendments, available data, intormation, reports, records and maps available in the City's files related work described herein. 11 EXHIBIT "B"
SCHEDULE FOR COMPLETION
TERM. The term of this Agreement shall commence February 9, 2021 and expire February 8, 2024 ("Term"), unless otherwise terminated as herein provided. 12 EXHIBIT "C"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
I. AMOUNT. Consultant shall be paid in accordance with the following hourly rate schedule.
HOURLY RATE COMMENTS
Building Plan Review / Plans $95 Building Plan review may involve a Examiner Sicheside belove. See our fee
MEP Plan Review / Plans Examiner 595 MEP Plan review may involve a licensed engineer. See our fee
schedule below.
Grading $120 Grading may involve a licensed
engineer. See our fee schedule below.
Soils Reports Review Please refer to rates from Kling Consulting Group (subconsultant for geotechnical and soil report reviews) on the following page.
OTHERS:
Principal in Charge $160
Project Manager $150
Plan Review Project Manager $140
Certified Building Official $150
Senior Structural Engineer $140
Licensed Plan Review Engineer $125
Senior Plan Review Architect $125
ICC Certified Plans Examiner $95
Senior Plans Examiner $105
CASp $105
Permit Technician S62
inspector I-!!I 1$75-95
ONSITE STAFFING CAPABILITY & RATE/HR COMMENTS
Building Inspectors $75-95 Inspector I-III
Plan Reviewer $110
MEP Plan Reviewer S140
Permit Technician S62
Certified Building Official 5150
OTHERS:
Licensed Plan Review Engineer $140
13 ICC Certified Plans Examiner $110
Senior Plans Examiner $120
CASP $110
Code Enforcement Officer $95
Grading Inspector 595 $140 for licensed grading engineer ICC Fire Plans Examiner $100
ICC Fire Inspector $100
le age: Vehicle mileage while performing city services will be charged utilizing the current IRS Vehicle mileage rate.
Expedited pian reviews can be provided upon request. Fees for expedited plan review services will be an additional 40% of the above noted hourly rates. No overtime fees will be added for plan review services.
rection Services: Inspection services will be a minimum of 4 hours per day. Overtime fees will be assessed at 40% of the above hourly rates for inspection exceeding 8 hours or for afterhours emergency inspection.
* Pre-submittal and design discussion meetings with the permit applicant as requested by the City shall be compensated at the rate of one (1) hour of straight- time compensation and does not include travel time.
Il. NOT TO EXCEED AMOUNT. In no event shall the total amount paid to Consultant exceed $15,000 during the term of this Agreement.
III. METHOD OF PAYMENT. Consultant shall provide monthly invoices to City for approval and payment for those services performed in the month prior to invoice submission. Invoices must include the following information.
A. Description of the work performed.
B. Applicable hourly rate.
C. Additional rate and City's prior written approval if applicable.
D. Number of hours worked.
Invoice must be itemized, adequately detailed, based on accurate records, in a form reasonably satisfactory to City. If no work is performed in a given month, no invoice is required. Consultant may be required to provide back-up material upon request.
IV. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty days of City's receipt of Consultant's monthly invoice; provided that services are completed to the City's reasonable satisfaction and there is no dispute over the amount.
V. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
14 Consultant: Interwest Consulting Group Inc.
1 Jenner, Suite 160
Irvine, CA 92618
Attention: Jay Elbettar
City: City of Redondo Beach
Community Development Department, Building Division
415 Diamond Street
Redondo Beach, CA 90277
Attention: Chief Building Officisi
from time to time by any party upon written notice to the other party. 15 EXHIBIT "D"
INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultant's indemnification obligations under this Agreement, Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers' Compensation insurance as required by the State of California.
Employer's Liability Insurance.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
16 Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance, or as a separate owner's policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant.
For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Consultant's part.
Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best's rating of no less than A:VIl and which are authorized to transact insurance business in the State of California by the Department of Insurance.
17 Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City's requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
i chitipent shall include all subcontractors as insured under its policies or shall furnish tepanal certificates and endorsements for each subcontractor. All coverages for aubeantactors shall be subject to all of the requirements stated herein.
IN Maragement
•. Nonsultint acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
18 ACORD® DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements).
PRODUCER NAME Rich Delich
NAME:
RBN Insurance Services PHONE (
(AIC. No, Ext): 312-856-9400 [AC, No): 312-856-9425
303 E Wacker Dr Ste 650
E-MAIL
Chicago IL 60601 ADDRESS: [email protected]
INSURERS) AFFORDING COVERAGE NAIC #I
INSURER A : Hartford Fire Insurance Co. 19682
INSURED SAFELLC-01
INSURER B: Hartford Casualty Insurance Co 29424
Interwest Consulting Group
P.O. Box 18330 INSURER C: Navigators Insurance Company 42307 Boulder CO 80308 INSURER D: Great American E&S Ins. Co. 37532 INSURER E: Twin City Fire Insurance Co. 29459
INSURER F: Princeton Excess & Surplus Lines Insurance Co. 10786 COVERAGES CERTIFICATE NUMBER: 1019443220 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LIMITS
COMMERCIAL GENERAL LIABILITY 10/3/2020 10/3/2021 EACH OCCURRENCE $1,000,000
CLAIMS-MADE X OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence) $1,000,000
MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $1,000,000
GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
X POLICY X PRO
JECT LOC PRODUCTS COMPION AGG 32,000000
OTHER:
AUTOMOBILE LIABILITY 83UENPY9100 10/3/2020 10/3/2021 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident)
X ANY AUTO BODILY INJURY (Per person)
OWNED SCHEDULED BODILY INJURY (Per accident) s
AUTOS ONLY AUTOS
HIRED X NON-OWNED PROPERTY DAMAGI $
AUTOS ONLY AUTOS ONLY Per accident
UMBRELLA LIAB OCCUR CH20EXC885600IC 10/3/2020 10/3/2021 EACH OCCURRENCE $5,000,000 EXCESS LIAB AGGREGATE $5,000,000
RETENTIONS Q
E WORKERS COMPENSATION 83WECE0623 5/12/2020 5/12/2021 STATUTE
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED?
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT |$1,000,000
excessina abi Layer TER 286-10-59 10/3/2020 10/3/2021 Each Childrengie 300000000 BE-A3-XL-0000121-00 10/3/2020 10/3/2021
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Redondo Beach ACCORDANCE WITH THE POLICY PROVISIONS. 115 Diamond Street
P.O. Box 270 AUTHORIZED REPRESENTAYNE
Redondo Beach CA 90277
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY#: B3UENBY9100
COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.
1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own. hire or Formed Organizations borrow in your business or your
personal affairs
The Named Insured shown in the
Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1. - WHO IS AN INSURED - of partnership or joint venture, formed as a Section II - Liability Coverage is amended to subsidiary in which you have add:
ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement it:
include any subsidiary that is an
"insured" under any other automobile (1) The agreement requires you to provide direct primary insurance for
policy or would be an "insured" under
such a policy but for its termination or the lessor and the exhaustion of its Limit of Insurance. (2) The "auto" is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However. "auto" you hire.
the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization. (1) Paragraph A.1. - WHO IS AN INSURED (a) That is a partnership or joint - of Section Il - Liability Coverage is venture, amended to add:
(b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement, that a
(c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an "insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is llable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused injury" or "property damage" that results by the conduct of an "insured" under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the ownership, maintenance or use of a
B. Employees as Insureds
covered "auto."
Paragraph A.1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE iS
amended to add:
© 2011. The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs*
an additional insured in 1.D. - Additional
(1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply:
written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract
of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other
If you have agreed in a written contract
insurance by the method described in
or written agreement that another Other Insurance 5.d.
person or organization be added as an
additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this
insurance is primary and we will not
(b) The Limits of Insurance shown in seek contribution from that other the Declarations, insurance.
Such amount shall be a part of and not
Paragraphs (3) and (4) do not apply to other
in addition to Limits of insurance shown
insurance to which the additional insured
in the Declarations and described in this has been added as an additional insured Section.
When this insurance is excess, we will have no
(3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. lo the other insurer for defense and
When this insurance is excess over other
indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of:
written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance, and own insurance.
(2) The total of all deductible and self-insured
(4) Duties in The Event Of Accident, Claim, amounts under all that olher insurance.
Suit or Loss
We will share the remaining loss, if any. by the
If you have agreed in a written contract method described in Other Insurance 5.d. or written agreement that another
person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES personal insured anato pace y Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire.
CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM, SUIT by adding the following:
OR LOSS - OF SECTION V -
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
© 2011. The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE
behalf and al your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance.
limit of $50 per day and a maximum limit of
3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000
EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers compensation COVERAGE, in the event of a total "loss" to a in-force covering all of your covered auto" * we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the "outstanding balance" of the loan/lease.
4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own. then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to "autos" you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended warranties, credit life Insurance, health, accident
The most we will pay for "loss" to any hired or disability insurance purchased with the loan or "auto" is: lease; and
carry-over balances from previous
(1) $100,000; loans or leases.
(2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the "loss"; or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION PHYSICAL DAMAGE damaged or stolen property. COVERAGE, the following is added:
whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag.
coverage. No deductible applies to "loss" caused
8. ELECTRONIC EQUIPMENT - BROADENED
by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible
insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs B.4 - and excess provisions, we will provide coverage EXCLUSIONS - of SECTION III - PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the cavered "auto" you own. following
We will also cover loss of use of the hired "auto" Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the "aulo's" loss, subject lo a maximum of $1000 per electrical system that, at the time of "loss". "accident" IS:
This extension of coverage does not apply to (1) Permanently installed in or upon any "auto" you hire or borrow from any of your the covered "auto"; "employees", , partners (if you are a partnership). (2) Removable from a housing unit members (if you are a limited liability company) which is permanently installed in or members of their households. or upon the covered "auto"; (3) An integral part of the same unit
housing any electronic
equipment described in
Paragraphs (1) and (2) above; or
© 2011. The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal If another Hartford Financial Services Group operation of the covered "auto" or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's" operating system. the same "accident", the following applies:
b. Section Ill - Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible.
$1,500 is the most we will pay for "loss" in 12. AMENDED DUTIES IN THE EVENT OF "accident" to all electronic
ACCIDENT, CLAIM, SUIT OR LOSS
equipment (other than equipment designed
solely for the reproduction of sound, and The requirement in LOSS CONDITIONS 2.a. - accessories used with such equipment) DUTIES IN THE EVENT OF ACCIDENT.CLAIM. that reproduces, receives or transmits SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of
audio, visual or data signals which, at the
time of "loss". ", is: an "accident" applies only when the "accident" is known to:
(1) Permanently installed in or upon
the covered "auto" in a housing, (1) You. if you are an individual; opening or other location that is not (2) A partner, if you are a partnership:
normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company: or
such equipment:
(4) An executive officer or insurance manager.if
(2) Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an
HAZARDS
integral part of that equipment; or
(3) An integral part of such equipment. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we
c. For each covered "auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or
14. HIRED AUTO - COVERAGE TERRITORY
stolen electronic equipment will be reduced by
the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO
9. EXTRA EXPENSE - BROADENED CONDITIONS is replaced by the following:
COVERAGE e. For short-term hired "autos", the coverage
Under Paragraph A. - COVERAGE - of SECTION territory with respect to Liability Coverage is anywhere in the world provided that if the
III - PHYSICAL DAMAGE COVERAGE, we will "insured's" responsibility to pay damages for pay for the expense of returning a stolen covered "bodily injury" or "property damage" is "auto" to you.
determined in a "suit," the "suit" is brought in
10. GLASS REPAIR - WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D. - DEDUCTIBLE - of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to.
No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced TRANSFER OF RIGHTS OF RECOVERY
11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D. - DEDUCTIBLE - of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following:
following is added:
© 2011. The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have c. Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss" is $10,000.
16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to move the auto but does not include autos
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including powered solely by electricity or natural gas mental anguish or death resulting from any of b.A "hybrid" auta is defined as an auto with an these. internal combustion engine and one or more
17. EXTENDED CANCELLATION CONDITION electric motors, and that uses the interal combustion engine and one or more electric
Paragraph 2. of the COMMON POLICY motors to move the auto, or the internal CONDITIONS - CANCELLATION - applies combustion engine to charge one or more except as follows: electric motors, which move the auto.
If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver
lo the first Named Insured written notice of In the event of a total loss to an "auto" for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this Coverage Form, then such Physical Damage
18. HYBRID, ELECTRIC, OR NATURAL GAS Coverages are amended to add the following:
VEHICLE PAYMENT COVERAGE
In addition to the actual cash value of the "auto".
In the event of a total loss to a "non-hybrid" auto we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive, Specified Causes of which are displayed on the covered "auto" at the Loss, or Collision coverages are provided under
time of total loss. Regardless of the number of
this Coverage Form, then such Physical
autos deemed a total loss, the most we will pay
Damage Coverages are amended as follows:
under this Vehicle Wrap Coverage provision for
a.If the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of $2,500, of the "non-hybrid" auto's not considered vehicle wraps. actual cash value or replacement cost.
whichever is less,
b. The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
© 2011. The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 POLICY#+B3UENSV3951
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. (1) The "bodily injury" or "property damage" is Read the entire policy carefully to determine rights, caused by an occurrence" that takes duties and what is and is not covered. place in the "coverage territory"; Throughout this policy the words "you" and "your" (2) The "bodily injury" or "property damage" refer to the Named Insured shown in the occurs during the policy period; and Declarations, and any other person or organization (3) Prior to the policy period, no insured listed qualifying as a Named Insured under this policy. The under Paragraph 1. of Section II - Who Is words "we" , "us" and "our" refer to the stock An Insured and no "employee" authorized insurance company member of The Hartford by you to give or receive notice of an providing this insurance. "occurrence" or claim, knew that the The word "insured" means any person or "bodily injury" or "property damage" had organization qualifying as such under Section I|- occurred, in whole or in part. If such a Who Is An Insured. listed insured or authorized "employee" Other words and phrases that appear in quotation knew, prior to the policy period, that the marks have special meaning. Refer to Section V - "bodily injury" or "property damage" Definitions. occurred, then any continuation, change
or resumption of such "bodily injury" or
SECTION I - COVERAGES "property damage" during or after the COVERAGE A BODILY INJURY AND PROPERTY policy period will be deemed to have been DAMAGE LIABILITY known prior to the policy period.
1. Insuring Agreement "Bodily injury" or "property damage" will be a. We will pay those sums that the insured deemed lo have been known to have becomes legally obligated to pay as damages occurred at the earliest time when any because of "bodily injury" or "property insured listed under Paragraph 1, of Section lI damage" to which this insurance applies. We - Who Is An Insured or any "employee" will have the right and duty to defend the authorized by you to give or receive notice of insured against any "suit" seeking those an "occurrence" or claim:
damages. However, we will have no duty to (1) Reports all. or any part, of the "bodily defend the insured against any "suit" seeking injury" or "property damage" to us or any damages for "bodily injury" or "property other insurer; damage" to which this insurance does not (2) Receives a written or verbal demand or apply. We may, at our discretion, investigate claim for damages because of the "bodily any "occurrence" and settle any claim or "suit" injury" or "property damage", or that may result. But:
(3) Becomes aware by any other means that
(1) The amount we will pay for damages is "bodily injury" or "property damage" has limited as described in Section Ill - Limits
occurred or has begun to occur.
Of Insurance; and
d. Damages because of "bodily injury" include
(2) Our right and duty to defend ends when damages claimed byany person or we have used up the applicable limit of organization for care, loss of services or insurance in the payment of judgments or death resulting at any time from the "bodily settlements under Coverages A or B or injury"
medical expenses under Coverage C.
e. Incidental Medical Malpractice And Good
No other obligation or liability to pay sums or Samaritan Coverage perform acts or services is covered unless
explicitly provided for under Supplementary "Bodily injury" arising out of the rendering of Payments - Coverages A and B. or failure to render the following health care services by any "employee" or "volunteer
b. This insurance applies to "bodily injury" and worker" shall be deemed to be caused by an "property damage" only if: "occurrence" for:
HG 00 01 09 16 Page 1 of 21
@ 2016 The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.) (1) Professional health care services such as: (a) Liability to such party for, or for the (a) Medical, surgical, dental, laboratory, X- cost of, that party's defense has also been assumed in the same insured
ray or nursing services or treatment.
advice or instruction, or the related contract", and
furnishing of food or beverages; (b) Such attorney fees and litigation (b) Any health or therapeutic service, expenses are for defense of that party treatment, advice or instruction, or against a civil or alternative dispute resolution proceeding in which
(c) The furnishing or dispensing of drugs
damages to which this insurance
or medical, dental, or surgical supplies applies are alleged. or appliances: or
c. Liquor Liability
(2) First aid services, which include:
"Bodily injury" or "property damage" for which
(a) Cardiopulmonary resuscitation,
any insured may be held liable by reason of:
whether performed manually or with a
defibrillator, or (1) Causing or contributing to the intoxication of any person;
(b) Services performed as a Good
Samaritan. (2) The furnishing of alcoholic beverages to a person under the legal drinking age or
For the purpose of determining the limits of under the influence of alcohol; or a any at or not on to er a (3) Any statute, ordinance or regulation of these services to any one person will be relating to the sale, gift, distribution or use considered one "occurrence" of alcoholic beverages.
However, this Incidental Medical Malpractice This exclusion applies even if the claims And Good Samaritan Coverage provision against any insured allege negligence or applies only if you are not engaged in the other wrongdoing in:
business or occupation of providing any of the (a) The supervision, hiring, employment. services described in this provision. training or monitoring of others by that
2. Exclusions insured; or
This insurance does not apply to: (b) Providing or failing to provide transportation with respect to any
a. Expected Or Intended Injury person that may be under the influence "Bodily injury" or "property damage" expected of alcohol:
or intended from the standpoint of the if the "occurrence" which caused the "bodily insured. This exclusion does not apply to
injury" or "property damage", involved that
which is described in Paragraph (1), (2) or (3)
above.
persons or property.
However, this exclusion applies only if you
b. Contractual Liability are in the business of manufacturing. "Bodily injury" or "property damage" for which distributing, selling, serving or furnishing the insured is obligated to pay damages by alcoholic beverages. For the purposes of this reason of the assumption of liability in a exclusion, permitting a person to bring contract or agreement. This exclusion does alcoholic beverages on your premises, for not apply to liability for damages: consumption on your premises, whether or (1) That the insured would have in the not a fee is charged or a license is required absence of the contract or agreement; or for such activity, is not by itself considered the business of selling, serving or furnishing
(2) Assumed in a contract or agreement that alcoholic beverages. is an "insured contract", provided the
"bodily injury or "property damage" d. Workers' Compensation And Similar Laws occurs subsequent to the execution of the Any obligation of the insured under a workers' contract or agreement. Solely for the compensation. disability benefits purposes of liability assumed in an unemployment compensation law or any "insured contract", reasonable attorney Similar law.
fees and necessary litigation expenses e. Employer's Liability incurred by or for a party other than an
insured are deemed lo be damages "Bodily Injury" to:
because of "bodily injury" or "property (1) An "employee" of the insured arising out of damage", provided: and in the course of:
(a) Employment by the insured: or (c) Which are or were at any time (b) Performing duties related to the transported, handled, stored, treated. conduct of the insured's business; or disposed of, or processed as waste by or for:
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of (i) Any insured: or Paragraph (1) above. (ii) Any person or organization for This exclusion applies: whom you may be legally
(1) Whether the insured may be liable as an responsible; employer or in any other capacity; and (d) At or from any premises, site or (2) To any obligation to share damages with location on which any insured or any or repay someone else who must pay contractors or subcontractors working damages because of the injury. directly or indirectly on any insured's This exclusion does not apply to liability behalf are performing operations if the assumed by the insured under an "insured "pollutants" are brought on or to the contract". premises, site or location in connection
with such operations by such insured
f. Pollution contractor or subcontractor. However,
(1) "Bodily injury" or "property damage" this subparagraph does not apply to:
arising out of the actual, alleged or (i) "Bodily injury" or "property damage" threatened discharge, dispersal, seepage, arising out of the escape of fuels. migration, lubricants or other operating fluids
"pollutants":
which are needed to perform the
(a) At or from any premises, site or normal electrical, hydraulic or location which is or was at any time mechanical functions necessary for owned or occupied by, or rented or the operation of "mobile equipment" loaned to, any insured. However, this or its parts, if such fuels, lubricants subparagraph does not apply to: or other operating fluids escape (i) "Bodily injury" if sustained within a from a vehicle part designed to building and caused by smoke, hold, store or receive them. This fumes. vapor or soot produced by exception does not apply if the or originating from equipment that "bodily injury" or "property damage" is used to heat, cool or dehumidify arises out of the intentional the building, or equipment that is discharge, dispersal or release of used to heat water for personal the fuels, lubricants or other use, by the building's occupants or operating fluids, or if such fuels. their guests; lubricants or other operating fluids
(il) "Bodily injury" or "property damage" are brought on or to the premises. for which you may be held liable, if site or location with the intent that you are a contractor and the owner they be discharged, dispersed or or lessee of such premises, site or released as part of the operations location has been added to your being performed by such insured, policy as an additional insured with contractor or subcontractor; respect to your ongoing operations (ii) "Bodily injury" or "property damage" performed for that additional sustained within a building and insured at that premises, site or caused by the release of gases. location and such premises, site or fumes or vapors from materials location is not and never was brought into that building in owned or occupied by, or rented or connection with operations being loaned to, any insured, other than performed by you or on your behalf that additional insured; or by a contractor or subcontractor: or (iIi) "Bodily injury" or "property damage" (il) "Bodily injury" or "property damage" arising out of heat, smoke or fumes arising out of heat, smoke or fumes from a "hostile fire": from a "hostile fire"; or
(b) At or from any premises, site or (e) At or from any premises, site or location which is or was at any time location on which any insured or any used by or for any insured or others for contractors or subcontractors working the handling. storage, disposal,
directly or indirectly on any insured's
processing or treatment of waste; behalf are performing operations if the HG 00 01 09 16 Page 3 of 21
operations are to test for, monitor, (4) Liability assumed under any "insured clean up, remove, contain. treat, contract" for the ownership, maintenance detoxify or neutralize, or in any way or use of aircraft or watercraft; respond to, or assess the effects of. (5) "Bodily injury" or "property damage" "pollutants" arising out of:
(2) Any loss, cost or expense arising out of (a) The operation of machinery or any: equipment that is attached to, or part
(a) Request, demand, order or statutory or of, a land vehicle that would qualify regulatory requirement that any under the definition of "mobile insured or others test for, monitor, equipment" if it were not subject to a clean up, remove, contain, treat. compulsory or financial responsibility detoxify or neutralize, or in anyway law or other motor vehicle insurance respond to, or assess the effects of. law where it is licensed or principally "pollutants"; or garaged; or
(b) Claim or suit by or on behalf of a (b) The operation of any of the machinery governmental authority for damages or equipment listed in Paragraph f.(2) because of testing for, monitoring, or f.(3) of the definition of "mobile cleaning up. removing, containing. equipment"; or
treating, detoxifying or neutralizing, or (6) An aircraft that is not owned by any in any way responding to, or assessing insured and is hired, chartered or loaned the effects of, "pollutants". with a paid crew. However, this exception However, this paragraph does not apply to does not apply if the insured has any other liability for damages because of "property insurance for such "bodily injury" or damage" that the insured would have in "property damage", whether the other the absence of such request, demand insurance is primary, excess, contingent order or statutory or regulatory or on any other basis. requirement, or such claim or "suit" by or h. Mobile Equipment on behalf of a governmental authority. "Bodily injury" or "property damage" arising g. Aircraft, Auto Or Watercraft out of:
"Bodily injury" or "property damage" arising (1) The transportation of "mobile equipment" out of the ownership, maintenance, use or by an "auto" owned or operated by or entrustment to others of any aircraft, "auto" or rented or loaned to any insured; or watercraft owned or operated by or rented or
(2) The use of "mobile equipment" in, or while
loaned to any insured. Use includes operation
in practice for, or while being prepared for,
and "loading or unloading".
any prearranged racing. speed.
This exclusion applies even if the claims demolition, or stunting activity. against any insured allege negligence or
i. War
other wrongdoing in the supervision, hiring.
employment, training or monitoring of others "Bodily injury" or "property damage", however by that insured, if the "occurrence" which caused, arising. directiy or indirectiy, out of:
caused the "bodily injury" or "property (1) War, including undeclared or civil war:
damage" involved ownership. (2) Warlike action by a military force, including maintenance, use or entrustment to others of action in hindering or defending against an any aircraft, "auto" or watercraft that is owned actual or expected attack, by any or operated by or rented or loaned to any government, sovereign or other authority insured. using military personnel or other agents;
This exclusion does not apply to:
(1) A watercraft while ashore on premises you (3) Insurrection, rebellion, revolution, usurped own or rent: power, or action taken by govermental
(2) A watercraft you do nol own that is: authority in hindering or defending against any of these
(a) Less than 51 feet long; and
j. Damage To Property
(b) Not being used to carry persons for a
charge; "Property damage" to:
(3) Parking an "auto" on, or on the ways next (1) Property you own, rent, or occupy, to, premises you own or rent, provided the including any costs or expenses incurred "auto" is not owned by or rented or loaned by you, or any other person, organization to you or the insured or entity, for repair, replacement,
enhancement, restoration or maintenance m. Damage To Impaired Property Or Property of such property for any reason, including Not Physically Injured prevention of injury to a person or damage "Property damage" to "impaired property" or to another's property: property that has not been physically injured. (2) Premises you sell, give away or abandon, arising out of:
if the "property damage" arises out of any (1) A defect, deficiency. inadequacy or part of those premises;
dangerous condition in "your product" or
(3) Property loaned to you; "your work", or
(4) Personal property in the care, custody or (2) A delay or failure by you or anyone acting control of the insured; on your behalf to perform a contract or (5) That particular part of real property on agreement in accordance with its terms. which you or any contractors or
This exclusion does not apply to the loss of
subcontractors
use of other property arising out of sudden
working directly or indirectly on your behalf and accidental physical injury to "your are performing operations, if the "property product" or "your work" after it has been put damage" arises out of those operations; or to its intended use. (6) That particular part of any property that n. Recall Of Products, Work Or Impaired must be restored, repaired or replaced
because "your work" Property
performed on it. Damages claimed for any loss, cost or
Paragraphs (1), (3) and (4) of this exclusion expense incurred by you or others for the loss do not apply to "property damage" (other than of use, withdrawal, recall, inspection, repair. damage by fire) to premises, including the replacement, adjustment, removal or disposal contents of such premises, rented to you for a
period of seven or fewer consecutive days. A (1) "Your product", separate limit of insurance applies to Damage (2) "Your work"; or To Premises Rented To You as described in
Section III - Limits Of Insurance. (3) "Impaired property":
Paragraph (2) of this exclusion does not apply if such product, work, or property is withdrawn if the premises are "your work" and were or recalled from the market or from use by never occupied, rented or held for rental by any person or organization because of a known or suspected defect, deficiency,
inadequacy or dangerous condition in it.
Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" arising from o. Personal And Advertising Injury the use of elevators. "Bodily injury" arising out of "personal and Paragraphs (3), (4), (5) and (6) of this advertising injury". exclusion do not apply to liability assumed p. Access or Disclosure Of Confidential Or under a sidetrack agreement. Personal Information And Data-related Paragraphs (3) and (4) of this exclusion do Liability
not apply to "property damage" to borrowed Damages arising out of:
equipment while not being used to perform (1) Any access to or disclosure of any operations at the job site. person's or organization's confidential or Paragraph (6) of this exclusion does not apply personal information, including patents, "property damage" included in the trade secrets, processing methods, "products-completed operations hazard" customer lists, financial information, credit k. Damage To Your Product card information, health information or any "Property damage" to "your product" arising other type of nonpublic information; or out of it or any part of it. (2) The loss of, loss of use of, damage to.
I Damage To Your Work corruption of, inability to access or "Property damage" to "your work" arising out inability to manipulate electronic data. of it or any part of it and included in the This exclusion applies even if damages are "products-completed operations hazard". claimed for notification costs, credit This exclusion does not apply if the damaged monitoring expenses, forensic expenses. work or the work out of which the damage public relations expenses or any other loss, arises was performed on your behalf by a cost or expense incurred by you or others subcontractor. arising out of that which is described in Paragraph (1) or (2) above.
HG 00 01 09 16 Page 5 of 21
However, unless Paragraph (1) above detoxifying or neutralizing or in any applies, this exclusion does not apply to way responding to or assessing the damages because of "bodily injury". effects of an "asbestos hazard".
As used in this exclusion, electronic data s. Recording And Distribution Of Material Or means information. facts or programs stored Information In Violation Of Law as or on, created or used on, or transmitted to "Bodily injury" or "property damage" arising or from computer software, including systems directly or indirectly out of any action or and applications software, hard or floppy omission that violates or is alleged to violate:
disks, CD-ROMS, tapes, drives, cells, data (1) The Telephone Consumer Protection Act processing devices or any other media which (TCPA), including any amendment of or are used with electronically controlled
addition to such law;
equipment.
Employment-Related Practices (2) The CAN-SPAM Act of 2003, including
9. any amendment of or addition to such law;
"Bodily injury" lo: (3) The Fair Credit Reporting Act (FCRA), and (1) A person arising out of any "employment- any amendment of or addition to such law, related practices"; or including the Fair and Accurate Credit (2) The spouse, child, parent, brother or sister Transaction Act (FACTA); or of that person as a consequence of "bodily (4) Any federal, state or local statute, injury" to that person at whom any ordinance or regulation, other than the "employment-related practices" are TCPA or CAN-SPAM Act of 2003 or FCRA directed. and their amendments and additions, that
This exclusion applies: addresses, prohibits or limits the printing, (1) Whether the injury-causing event dissemination, disposal, collecting. described in the definition of employment- recording. sending, transmitting, related practices" occurs before communicating or distribution of material employment, during employment or after or information.
employment of that person; Damage To Premises Rented To You - (2) Whether the insured may be liable as an Exception For Damage By Fire, Lightning Or employer or in any other capacity; and Explosion
(3) To any obligation to share damages with Exclusions c. through h. and j. through n. do not or repay someone else who must pay apply to damage by fire, lightning or explosion to damages because of the injury. premises while rented to you or temporarily r. Asbestos occupied by you with permission of the owner. A separate limit of insurance applies to this
(1) "Bodily injury" or "property damage" coverage as described in Section III - Limits Of arising out of the "asbestos hazard". Insurance.
(2) Any damages, judgments, settlements, COVERAGE B PERSONAL AND ADVERTISING loss, costs or expenses that: INJURY LIABILITY
(a) May be awarded or incurred by reason 1. Insuring Agreement of any claim or suit alleging actual or
threatened injury or damage of any a. We will pay those sums that the insured nature or kind to persons or property becomes legally obligated to pay as damages which would not have occurred in because of "personal and advertising injury" whole or in part but for the "asbestos to which this insurance applies. We will have the right and duty to defend the insured
hazard; against any "suit" seeking those damages.
(b) Arise out of any request, demand, However, we will have no duty to defend the order or statutory regulatory insured against any "suit" seeking damages requirement that any insured or others for "personal and advertising injury" to which test for, monitor, clean up, remove, this insurance does not apply. We may, at our encapsulate, contain, treat, detoxify or discretion, investigate any offense and settle neutralize or in any way respond to or any claim or "suit" that may result. But:
assess the effects of an "asbestos
hazard"; or (1) The amount we will pay for damages is
limited as described in Section III - Limits
(c) Arise out of any claim or suit for Of Insurance; and damages because of testing for,
monitoring, cleaning up, removing, (2) Our right and duty to defend end when we have used up the applicable limit of
encapsulating, containing. treating,
insurance in the payment of judgments or
settlements under Coverages A or B or h. Wrong Description Of Prices medical expenses under Coverage C. "Personal and advertising injury" arising out of No other obligation or liability to pay sums or the wrong description of the price of goods. perform acts or services is covered unless products or services. explicitly provided for under Supplementary 1. Infringement Of Intellectual Property Payments - Coverages A and B. Rights
b. This insurance applies to "personal and (1) "Personal and advertising injury" arising advertising injury" caused by an offense out of any actual or alleged infringement arising out of your business but only if the or violation of any intellectual property offense was committed in the "coverage
rights such as copyright, patent.
territory" during the policy period. trademark, trade name, trade secret, trade
2. Exclusions dress, service mark or other designation
This insurance does not apply to: of origin or authenticity: or a. Knowing Violation Of Rights Of Another (2) Any injury or damage alleged in any clam or "suit" that also alleges an infringement
"Personal and advertising injury" arising out of or violation of any intellectual property an offense committed by, at the direction or right, whether such allegation of with the consent or acquiescence of the infringement or violation is made by you or insured with the expectation of inflicting by any other party involved in the claim or "personal and advertising injury". "suit". regardless of whether this b. Material Published With Knowledge Of insurance would otherwise apply.
Falsity However, this exclusion does not apply if the
"Personal and advertising injury" arising out of only allegation in the claim or "suit" involving oral, written or electronic publication, in any any intellectual property right is limited to:
manner, of material, if done by or at the (1) Infringement, in your "advertisement", of:
direction of the insured with knowledge of its
falsity. (a) Copyright;
c. Material Published Prior To Policy Period (b) Slogan; or "Personal and advertising injury" arising out of (c) Title of any literary or artistic work; or oral, written or electronic publication, in any (2) Copying, in your "advertisement", a manner, of material whose first publication person's or organization's "advertising took place before the beginning of the policy idea" or style of "advertisement". period j. Insureds In Media And Internet Type
d. Criminal Acts Businesses
"Personal and advertising injury" arising out of "Personal and advertising injury" committed a criminal act committed by or at the direction by an insured whose business is:
of the insured.
(1) Advertising, broadcasting, publishing or
e. Contractual Liability telecasting:
"Personal and advertising injury" for which the (2) Designing or determining content of web insured has assumed liability in a contract or sites for others: or agreement. This exclusion does not apply to (3) An Internet search, access, content or liability for damages that the insured would service provider have in the absence of the contract or
agreement. However, this exclusion does not apply to
Paragraphs a., b. and c. of the definition of
f. Breach Of Contract "personal and advertising injury" under the "Personal and advertising injury" arising out of a Definitions Section. breach of contract, except an implied contract to For the purposes of this exclusion, the placing use another's "advertising idea" in your of frames, borders or links, or advertising, for "advertisement" you or others anywhere on the Internet, is not g. Quality Or Performance Of Goods - Failure by itself, considered the business of To Conform To Statements advertising, broadcasting publishing or "Personal and advertising injury" arising out of telecasting the failure of goods, products or services to k. Electronic Chatrooms Or Bulletin Boards conform with any statement of quality or "Personal and advertising injury" arising out of performance made in your "advertisement". an electronic chatroom or bulletin board the HG 00 01 09 16 Page 7 of 21
insured hosts. owns, - or over which the (4) Computer code, software or programming insured exercises control. used to enable:
I. Unauthorized Use Of Another's Name Or (a) Your web site; or Product (b) The presentation or functionality of an
"Personal and advertising injury" arising out of "advertisement" or other content on the unauthorized use of another's name or your website. product in your e-mail address, domain name q. Right Of Privacy Created By Statute or metatags, or any other similar tactics to
mislead another's potential customers. "Personal and advertising injury" arising out of the violation of a person's right of privacy
m. Pollution
created by any state or federal act.
"Personal and advertising injury" arising out of However, this exclusion does not apply to the actual, alleged or threatened discharge. liability for damages that the insured would dispersal. seepage, migration, release or have in the absence of such state or federal escape of "pollutants" at any time. act.
n. Pollution-Related r. Violation Of Anti-Trust law
Any loss, cost or expense arising out of any: "Personal and advertising injury" arising out of (1) Request, demand, order or statutory or a violation of any anti-trust law. regulatory requirement that any insured or s. Securities others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in "Personal and advertising injury" arising out of any way respond to, or assess the effects the fluctuation in price or value of any stocks. bonds or other securities.
of, "pollutants"; or
(2) Claim or suit by or on behalf of a t. Recording And Distribution Of Material Or Information In Violation Of Law
governmental authority for damages
because of testing for, monitoring, "Personal and advertising injury" arising cleaning up. removing, containing, directly or indirectly out of any action or treating, detoxifying or neutralizing, or in omission that violates or is alleged to violate:
any way responding to, or assessing the (1) The Telephone Consumer Protection Act effects of, "pollutants". (TCPA), including any amendment of or o. War addition to such law:
"Personal and advertising injury", however (2) The CAN-SPAM Act of 2003, Including caused, arising, directly or indirectly, out of: any amendment of or addition to such law:
(1) War, including undeclared or civil war; (3) The Fair Credit Reporting Act (FCRA), and (2) Warlike action by a military force, including any amendment of or addition to such law, action in hindering or defending against an including the Fair and Accurate Credit actual or expected attack, by any Transaction Act (FACTA); or government, sovereign or other authority (4) Any federal, state or local statute. using military personnel or other agents; ordinance or regulation, other than the ОГ TCPA or CAN-SPAM Act of 2003 or FCRA
(3) Insurrection, rebellion, revolution, usurped and their amendments and additions, that power, or action taken by govemmental addresses, prohibits or limits the printing, authority in hindering or defending against dissemination, disposal, collecting, any of these. recording. sending. transmitting,
communicating or distribution of material
p. Internet Advertisements And Content Of or information.
Others
u. Employment-Related Practices
"Personal and advertising injury" arising out
of: "Personal and advertising injury" to:
(1) An "advertisement" for others on your web (1) A person arising out of any "employment- site; related practices"; or
(2) Placing a link to a website of others on (2) The spouse, child, parent, brother or sister your website: of that person as a consequence of
"personal and advertising injury" lo that
(3) Content, including information, sounds, person at whom any "employment-related text, graphics, or images from a website practices" are directed. of others displayed within a frame or
border on your web sile: or
This exclusion applies: COVERAGE C MEDICAL PAYMENTS
(1) Whether the injury-causing event 1. Insuring Agreement described in the definition of "employment- a. We will pay medical expenses as described related practices" DCOUrS before
below for "bodily injury" caused by an
employment, during employment or after accident:
employment of that person;
(1) On premises you own or rent;
(2) Whether the insured may be liable as an
employer or in any other capacity; and (2) On ways next to premises you own or rent, or
(3) To any obligation to share damages with
or repay someone else who must pay (3) Because of your operations:
damages because of the injury. provided that:
v. Asbestos (1) The accident takes place in the "coverage (1) "Personal and advertising injury" arising territory" and during the policy period; out of the "asbestos hazard" (2) The expenses are incurred and reported (2) Any damages, judgments, settlements, to us within three years of the date of the loss, costs or expenses that accident; and
(3) The injured person submits
(a) May be awarded or incurred by reason
of any claim or suit alleging actual or examination, at our expense. threatened injury or damage of any physicians of our choice as often as we reasonably require.
nature or kind to persons or property
which would not have occurred in b. We will make these payments regardless of whole or in part but for the "asbestos fault. These payments will not exceed the hazard"; applicable limit of insurance. We will pay
reasonable expenses for:
(b) Arise out of any request, demand
order or statutory (1) First aid administered at the time of an requirement that any insured or others accident;
test for, monitor, clean up, remove, (2) Necessary medical, surgical, X-ray and encapsulate, contain, treat, detoxify or dental services, including prosthetic neutralize or in any way respond to or devices, and
assess the effects of an "asbestos
hazard", or (3) Necessary ambulance, hospital.
professional nursing and funeral services.
(c) Arise out of any claim or suit for
damages because of testing for. 2. Exclusions
monitoring, cleaning up, removing. We will not pay expenses for "bodily injury":
encapsulating. containing, treating. a. Any Insured
detoxifying or neutralizing or in any To any insured, except "volunteer workers". way responding to or assessing the
effects of an "asbestos hazard" b. Hired Person
w. Access Or Disclosure Of Confidential Or To a person hired to do work for or on behalf Personal Information of any insured or a tenant of any insured. "Personal and advertising injury" arising out of c. Injury On Normally Occupied Premises any access to or disclosure of any person's or To a person injured on that part of premises organization's confidential or personal you own or rent that the person normally information, including patents, trade secrets, occupies. processing methods, customer lists, financial
d. Workers Compensation And Similar Laws
rail are for at on pail To a person, whether or not an "employee" of information. any insured, if benefits for the "bodily injury" are payable or must be provided under a workers
This exclusion applies even if damages are compensation or disability benefits law or a claimed for notification costs, credit
similar law:
manitoring expenses, forensic expenses,
public relations expenses or any other loss, e. Athletics Activities cost or expense incurred by you or others To a person injured while practicing, arising out of any access to or disclosure of instructing or participating in any physical any person's or organization's confidential or exercises or games, sports, or athletic personal information. contests.
HG 00 01 09 16 Page 9 of 21
f. Products-Completed Operations Hazard assumed by the insured in the same insured Included within the "products-completed contract":
operations hazard". d. The allegations in the "suit" and the g. Coverage A Exclusions information we know about the "occurrence" are such that no conflict appears to exist
Excluded under Coverage A
between the interests of the insured and the
SUPPLEMENTARY PAYMENTS - COVERAGES interests of the indemnitee;
A AND B
e. The indemnitee and the insured ask us to
1. We will pay, with respect to any claim we conduct and control the defense of that investigate or settle, or any "suit" against an indemnitee against such "suit" and agree that insured we defend:
we can assign the same counsel to defend
a. All expenses we incur. the insured and the indemnilee; and b. Up to $1,000 for cost of bail bonds required f. The indemnitee:
because of accidents or traffic law violations
arising out of the use of any vehicle to which (1) Agrees in writing to:
the Bodily Injury Liability Coverage applies. (a) Cooperate with us in the investigation.
We do not have to furnish these bonds. settlement or defense of the "suit"; c. The cost of appeal bonds or bonds to release (b) Immediately send us copies of any attachments, but only for bond amounts demands, notices, summonses or legal within the applicable limit of insurance. We do papers received in connection with the not have to furnish these bonds. "suit":
d. All reasonable expenses incurred by the (c) Notify any other insurer whose insured at our request to assist us in the coverage is available to the investigation or defense of the claim or "suit" indemnitee; and Including actual loss of earnings up to $500 a (d) Cooperate with us with respect to day because of time off from work. coordinating
other applicable
e. All court costs taxed against the insured in insurance available to the indemnitee; the "suit". However, such costs do not and
include attorneys' fees, attorneys expenses, (2) Provides us with written authorization to:
witness or expert fees, or any other expenses
of a party taxed to the insured. (a) Obtain records and other information f. Prejudgment interest awarded against the related to the "suit", and insured on that part of the judgment we pay. If (b) Conduct and control the defense of the we make an offer to pay the applicable limit of indemnitee in such "suit" insurance, we will not pay any prejudgment So long as the above conditions are met, interest based on that period of time after the attorneys' fees incurred by us in the defense of offer. that indemnitee, necessary litigation expenses
g. All interest on the full amount of any judgment incurred by us and necessary litigation expenses that accrues after entry of the judgment and incurred by the indemnitee at our request will be before we have paid, offered to pay, or paid as Supplementary Payments. deposited in court the part of the judgment Notwithstanding the provisions of Paragraph that is within the applicable limit of insurance. 2.b.(2) of Section I - Coverage A - Bodily Injury These payments will not reduce the limits of And Property Damage Liability, such payments Insurance will not be deemed to be damages for "bodily
2. If we defend an insured against a "suit" and an injury" and "property damage" and will not reduce indemnitee of the insured is also named as a the limits of insurance. party to the "suit", we will defend that indemnitee Our obligation to defend an insured's indemnitee if all of the following conditions are met: and to pay for attorneys' fees and necessary a. The "suit" against the indemnitee seeks litigation expenses as Supplementary Payments damages for which the insured has assumed ends when:
the liability of the indemnitee in a contract or a. We have used up the applicable limit of agreement that is an "insured contract"; insurance in the payment of judgments or b. This insurance applies to such liability settlements, or assumed by the insured: b. The conditions set forth above, or the terms of c. The obligation to defend, or the cost of the the agreement described in Paragraph f. defense of, that indemnitee, has also been above, are no longer met.
SECTION II - WHO IS AN INSURED "volunteer worker" as a consequence
1. If you are designated in the Declarations as: of Paragraph (1)(a) above; a. An individual, you and your spouse are (c) For which there is any obligation to insureds, but only with respect to the conduct share damages with or repay someone of a business of which you are the sole else who must pay damages because owner- of the injury described in Paragraphs
(1)(a) or (1)(b) above; or
b. A partnership or joint venture, you are an
insured. Your members, your partners, and (d) Arising out of his or her providing or their spouses are also insureds, but only with failing to provide professional health respect to the conduct of your business. care services. c. A limited liability company, you are an If you are not in the business of providing insured. Your members are also insureds, but professional health care services:
only with respect to the conduct of your (a) Subparagraphs (1)(a). (1)(b) and (1)(c) business. Your managers are insureds, but above do not apply to any "employee" only with respect to their duties as your or "volunteer worker" providing first aid managers. services: and
d. An organization other than a partnership, joint (b) Subparagraph (1)(d) above does not venture or limited liability company, you are apply to any nurse, emergency medical an insured. Your "executive officers" and technician or paramedic employed by directors are insureds, but only with respect to you to provide such services. their duties as your officers or directors. Your (2) "Property damage" to property:
stockholders are also insureds, but only with
respect to their liability as stockholders. (a) Owned, occupied or used by; e. A trust, you are an insured. Your trustees are (b) Rented to, in the care, custody or also insureds, but only with respect to their control of, or over which physical duties as trustees. control is being exercised for any
purpose by
2. Each of the following is also an insured;
you, any of your "employees", "volunteer
a. Employees And Volunteer Workers workers", any partner or member (if you Your "volunteer workers" only •while are a partnership or joint venture, or any performing duties related to the conduct of member (if you are a limited liability your business, or your "employees" other company.
than either your "executive officers" (if you are b. Real Estate Manager an organization other than a partnership, joint
venture or limited liability company or your Any person (other than your "employee" or managers (if you are a limited liability "volunteer worker"), or any organization while company, but only for acts within the scope acting as your real estate manager. of their employment by you or while c. Temporary Custodians Of Your Property performing duties related to the conduct of Any person or organization having proper your business. temporary custody of your property if you die.
However, none of these "employees" or but only:
"volunteer workers" are insureds for:
(1) With respect to liability arising out of the
(1) "Bodily injury" or "personal and advertising maintenance or use of that property; and injury": (2) Until your legal representative has been
(a) To you, to your partners or members (if appointed
you are a partnership or joint venture). d. Legal Representative If You Die to your members (if you are a limited
liability company), to a co-"employee" Your legal representative if you die, but only with respect to duties as such. That
while in the course of his or her
emplayment or performing duties representative will have all your rights and related lo the conduct of your duties under this Coverage Part. business, or to your other "volunteer e. Unnamed Subsidiary workers" while performing duties Any subsidiary, and subsidiary thereof, of related to yours which is a legally incorporated entity of business; which you own a financial interest of more
(b) To the spouse, child, parent, brother or than 50% of the voting stock on the effective sister of that co-"employee" or that date of the Coverage Part.
HG 00 01 09 16 Page 11 of 21
The insurance afforded herein for any A person or organization is an additional insured subsidiary not named in this Coverage Part under this provision only for that period of time as a named insured does not apply to injury required by the contract or agreement. or damage with respect to which such insured However, no such person or organization is an is also a named insured under another policy insured under this provision if such person or or would be a named insured under such organization is included as an insured by an policy but for its termination or the exhaustion endorsement issued by us and made a part of of its limits of insurance. this Coverage Part.
3. Newly Acquired Or Formed Organization a. Vendors
Any organization you newly acquire or form. Any person(s) or organization(s) (referred to other than a partnership, joint venture or limited below as vendor), but only with respect to liability company, and over which you maintain "bodily injury" or "property damage" arising financial interest of more than 50% of the voting out of "your products" which are distributed or stock, will qualify as a Named Insured if there is sold in the regular course of the vendor's no other similar insurance available to that business and only if this Coverage Part organization. However: provides coverage for "bodily injury" or a. Coverage under this provision is afforded only "property damage" included within the until the 180th day after you acquire or form "products-completed operations hazard". the organization or the end of the policy (1) The insurance afforded the vendor is period, whichever is earlier; subject to the following additional b. Coverage A does not apply to "bodily injury" exclusions:
or "property damage" that occurred before This insurance does not apply to:
you acquired or formed the organization; and (a) "Bodily injury" or "property damage" for c. Coverage B does not apply to "personal and which the vendor is obligated to pay advertising injury" arising out of an offense damages by reason of the assumption committed before you acquired or formed the of liability in a contract or agreement. organization. This exclusion does not apply to
4. Nonowned Watercraft lability for damages that the vendor With respect to watercraft you do not own that is would have in the absence of the less than 51 feet long and is not being used to contract or agreement; carry persons for a charge, any person is an (b) Any express warranty unauthorized by insured while operating such watercraft with your you:
permission. Any other person or organization (c) Any physical or chemical change in the responsible for the conduct of such person is product made intentionally by the also an insured, but only with respect to liability vendor; arising out of the operation of the watercraft, and (d) Repackaging, except when unpacked only if no other insurance of any kind is available
solely for the purpose of inspection.
to that person or organization for this liability.
demonstration, testing. or the
However, no person or organization is an insured substitution of parts under instructions with respect to: from the manufacturer, and then
a. "Bodily injury" to a co-"employee" of the repackaged in the original container; person operating the watercraft, or (e) Any failure to make such inspections, b. "Property damage" to property owned by, adjustments, tests or servicing as the rented to, in the charge of or occupied by you vendor has agreed to make or normally or the employer of any person who is an undertakes to make in the usual insured under this provision. course of business, in connection with
5. Additional Insureds When Required By the distribution or sale of the products; Written Contract, Written Agreement Or (f) Demonstration, installation, servicing Permit or repair operations, except such
The following person(s) or organization(s) are an operations performed at the vendor's additional insured when you have agreed, in a premises in connection with the sale of written contract, written agreement or because of the product; a permit issued by a state or political subdivision, (g) Products which, after distribution or that such person or organization be added as an sale by you, have been labeled or additional insured on your policy, provided the relabeled or used as a container, part injury or damage occurs subsequent to the or ingredient of any other thing or execution of the contract or agreement. substance by or for the vendor; or
(h) "Bodily injury" or "property damage" omissions of those acting on your behalf:
arising out of the sole negligence of the (1) In connection with your premises: or vendor for its own acts or omissions or
(2) In the performance of your ongoing
those of its employees or anyone else operations performed by you or on your acting on its behalf. However, this behalf.
exclusion does not apply to:
With respect to the insurance afforded these
(i) The exceptions contained in Sub-
additional insureds, the following additional
paragraphs (d) or (f): or
exclusion applies:
(ii) Such inspections, adjustments.
This insurance does not apply to "bodily
tests or servicing as the vendor has injury". "property damage" or "personal and agreed to make or normally
advertising injury" arising out of the rendering
undertakes to make in the usual
of or the failure to render any professional
course of business, in connection services by or for you, including:
with the distribution or sale of the
products. 1. The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
(2) This insurance does not apply to any opinions, reports, surveys, field orders, insured person or organization, from
change orders or drawings and
whom you have acquired such products, specifications; or entering into, accompanying or containing 2. Supervisory, inspection, architectural or such products. engineering activities.
b. Lessors Of Equipment This exclusion applies even if the claims against any insured allege negligence or
(1) Any person(s) or organization(s) from other wrongdoing in the supervision, hiring, whom you lease equipment; but only with employment. training or monitoring of others respect to their liability for "bodily injury" by that insured, if the "occurrence" which "property damage" or "personal and caused "bodily injury" or "property the
advertising injury" caused, in whole or in damage", , or the offense which caused the part, by your maintenance, operation or
use of equipment leased to you by such "personal and advertising injury", involved the rendering of or the failure to render any
person(s) or organization(s). professional services by or for you. (2) With respect to the insurance afforded to
these additional insureds this insurance e. Permits Issued By State Or Political Subdivisions
does not apply to any "occurrence" which
takes place after the equipment lease Any state or political subdivision, but only with expires. respect to operations performed by you or on
your behalf for which the state or political
c. Lessors Of Land Or Premises
subdivision has issued a permit.
Any person or organization from whom you With respect to the insurance afforded these lease land or premises, but only with respect
additional insureds, this insurance does not
to liability arising out of the ownership.
maintenance or use of that part of the land or apply to:
premises leased to you. (1) "Bodily injury". "property damage" or "personal and advertising injury" arising
With respect to the insurance afforded these
out of operations performed for the state
additional insureds the following additional
or municipality; or
exclusions apply:
(2) "Bodily injury" or "property damage"
This insurance does not apply to: included within the "products-completed
1. Any "occurrence" which takes place after operations hazard". you cease to lease that land; or
f. Any Other Party
2. Structural alterations, new construction or Any other person or organization who is not demolition operations performed by or on an additional insured under Paragraphs a. behalf of such person or organization.
through e. above, but only with respect to
d. Architects, Engineers Or Surveyors liability for "bodily injury", "property damage" Any architect, engineer, or surveyor, but only or "personal and advertising injury" caused, in with respect to liability for "bodily injury". whole or in part, by your acts or omissions or "property damage" "personal and the acts or omissions of those acting on your advertising injury" caused, in whole or in part, behalf. by your acts or omissions or the acts or (1) in the performance of your ongoing operations:
HG 00 01 09 16 Page 13 of 21
(2) In connection with your premises owned No person or organization is an insured with respect by or rented to you; or to the conduct of any current or past partnership. (3) In connection with "your work" and joint venture or limited liability company that is not included within the "products-completed shown as a Named Insured in the Declarations. operations hazard", but only if SECTION III - LIMITS OF INSURANCE (a) The written contract or agreement 1. The Most We Will Pay requires you to provide such coverage The Limits of Insurance shown in the to such additional insured; and Declarations and the rules below fix the most we (b) This Coverage Part provides coverage will pay regardless of the number of:
for "bodily injury" or "property damage" a. Insureds;
included within the "products-
completed operations hazard". b. Claims made or "suits" brought; or However: c. Persons or organizations making claims or
bringing "suits".
(1) The insurance afforded to such additional
insured only applies to the extent 2. General Aggregate Limit permitted by law: and The General Aggregate Limit is the most we will (2) If coverage provided lo the additional pay for the sum of:
insured is required by a contract or a. Medical expenses under Coverage C; agreement, the insurance afforded to such b. Damages under Coverage / A. except additional insured will not be broader than damages because of "bodily injury" or that which you are required by the contract "property damage" included in the "products- agreement lo provide for such completed operations hazard"; and additional insured
c. Damages under Coverage B.
With respect to the insurance afforded to
these additional insureds, this insurance does 3. Products-Completed Operations Aggregate Limit
not apply to:
"Bodily injury". "property damage" or The Products-Completed Operations Aggregate "personal and advertising injury" arising out of Limit is the most we will pay under Coverage A the rendering of, or the failure to render, any for damages because of "bodily injury" and professional architectural, engineering "property damage" included in the "products- completed operations hazard"
surveying services, including:
(1) The preparing, approving, or failing to 4. Personal And Advertising Injury Limit prepare or approve, maps, shop drawings. Subject to 2. above, the Personal and opinions, reports, surveys, field orders, Advertising Injury Limit is the most we will pay change drawings and under Coverage B for the sum of all damages specifications, or because of all "personal and advertising injury" (2) Supervisory, inspection, architectural or sustained by any one person or organization. engineering activities: 5. Each Occurrence Limit
This exclusion applies even if the claims Subject to 2. or 3. above, whichever applies, the against any insured allege negligence or Each Occurrence Limit is the most we will pay for other wrongdoing in the supervision, hiring, the sum of:
employment, training or monitoring of others a. Damages under Coverage A; and by that insured, if the "occurrence" which
b. Medical expenses under Coverage C
caused the "bodily injury" or "property
damage", , or the offense which caused the because of all "bodily injury" and "property "personal and advertising injury", involved the damage" arising out of any one "occurrence" rendering of or the failure to render any 6. Damage To Premises Rented To You Limit professional services by or for you. Subject to 5, above, the Damage To Premises The limits of insurance that apply to additional Rented To You Limit is the most we will pay insureds is described in Section IlI - Limits Of under Coverage A for damages because of Insurance. "property damage" to any one premises, while How this insurance applies when other insurance rented to you, or in the case of damage by fire, is available to the additional insured is described lightning or explosion, while rented to you or in the Other Insurance Condition in Section IV - temporarily occupied by you with permission of Commercial General Liability Conditions. the owner.
In the case of damage by fire, lightning or b. Notice Of Claim explosion, the Damage to Premises Rented To If a claim is made or "suit" is brought against You Limit applies to all damage proximately any insured, you or any additional insured caused by the same event. whether such must:
damage results from fire, lightning or explosion
or any combination of these. (1) Immediately record the specific of the claim or "suit" and the date received; and
7. Medical Expense Limit
(2) Notify us as soon as practicable.
Subject to 5. above, the Medical Expense Limit is
the most we will pay under Coverage C for all You or any additional insured must see lo it medical that we receive written notice of the claim or
expenses because of "bodily injury"
"suit" as soon as practicable.
sustained by any one person.
8. How Limits Apply To Additional Insureds c. Assistance And Cooperation Of The Insured
If you have agreed in a written contract or written
agreement that another person or organization You and any other involved insured must:
be added as an additional insured on your policy. (1) Immediately send us copies of any the most we will pay on behalf of such additional demands, notices, summonses or legal insured is the lesser of: papers received in connection with the a. The limits of insurance specified in the written claim or "suit":
contract or written agreement: or (2) Authorize us to obtain records and other b. The Limits of Insurance shown in the information:
Declarations. (3) Cooperate with us in the investigation or Such amount shall be a part of and not in settlement of the claim or defense against addition to Limits of Insurance shown in the the "suit"; and Declarations and described in this Section. (4) Assist us, upon our request, in the The Limits of insurance of this Coverage Part apply enforcement of any right against any person separately to each consecutive annual period and to or organization which may be liable to the any remaining period of less than 12 months, insured because of injury or damage to starting with the beginning of the policy period which this insurance may also apply shown in the Declarations, unless the policy period d. Obligations At The Insureds Own Cost is extended after issuance for an additional period of No insured will, except at that insured's own less than 12 months. In that case, the additional cost, voluntarily make a payment, assume period will be deemed part of the last preceding any obligation, or incur any expense, other period for purposes of determining the Limits of than for first aid, without our consent. e. Additional insureds Other Insurance
SECTION IV - COMMERCIAL GENERAL
If we cover a claim or "suit" under this
LIABILITY CONDITIONS
Coverage Part that may also be covered by
1. Bankruptcy other insurance available to an additional Bankruptcy or insolvency of the insured or of the insured, such additional insured must submit insured's estate will not relieve us of our such claim or "suit" to the other insurer for obligations under this Coverage Part. defense and indemnity.
2. Duties In The Event Of Occurrence, Offense, However, this provision does not apply to the Claim Or Suit extent that you have agreed in a written
a. Notice Of Occurrence Or Offense contractor written agreement that this You or any additional insured must see to it insurance is primary and non-contributory that we are notified as soon as practicable of with the additional insured's own insurance. an "occurrence" or an offense which may f. Knowledge Of An Occurrence, Offense, result in a claim. To the extent possible, Claim Or Suit notice should include:
Paragraphs a, and b. apply to you or to any
(1) How, when and where the "occurrence" or additional insured only when such offense took place; "occurrence", offense, claim or "suit" is known (2) The names and addresses of any injured lo:
persons and witnesses; and (1) You or any additional insured that is an (3) The nature and location of any injury or individual:
damage arising out of the "occurrence" or (2) Any partner, if you or the additional offense. insured is a partnership;
HG 00 01 09 16 Page 15 of 21
(3) Any manager, if you or the additional (3) Tenant Liability insured is a limited liability company. That is insurance purchased by you to (4) Any "executive officer" or insurance cover your liability as a tenant for manager, if you or the additional insured is "property damage" to premises rented to a corporation; you or temporarily occupied by you with
(5) Any trustee, if you or the additional permission of the owner; insured is a trust: or (4) Aircraft, Auto Or Watercraft (6) Any elected or appointed official, if you or If the loss arises out of the maintenance or the additional insured is a political use of aircraft, "autos" or watercraft to the subdivision or public entity. extent not subject to Exclusion g. of This duty applies separately to you and any Section I - Coverage A - Bodily Injury And additional insured. Property Damage Liability:
(5) Property Damage To Borrowed
3. Legal Action Against Us
Equipment Or Use Of Elevators
No person or organization has a right under this
Coverage Part: if the loss arises out of "property damage" to borrowed equipment or the use of
a. To join us as a party or otherwise bring us elevators to the extent not subject to into a "suit asking for damages from an Exclusion j. of Section I - Coverage A - insured; or Bodily Injury And Property Damage
b. To sue us on this Coverage Part unless all of Liability:
its terms have been fully complied with. (6) When You Are Added As An Additional A person or organization may sue us to recover Insured To Other Insurance on an agreed settlement or on a final judgment
Any other insurance available to you
against an insured; but we will not be liable for covering liability for damages arising out damages that are not payable under the terms of of the premises or operations, or products this Coverage Part or that are in excess of the and completed operations, for which you applicable limit of insurance. An agreed have been added as an additional insured settlement means a settlement and release of
by that insurance; or
liability signed by us, the insured and the
(7) When You Add - Others As An
claimant or the claimant's legal representative.
Additional Insured To This Insurance
4. Other Insurance
Any other insurance available to an
If other valid and collectible insurance is additional insured available to the insured for a loss we cover under
Coverages A or B of this Coverage Part, our However, the following provisions apply to obligations are limited as follows: other insurance available to any person or organization who is an additional insured
a. Primary Insurance under this coverage part.
This insurance is primary except when b. (a) Primary Insurance When Required below applies. If other insurance is also By Contract
primary, we will share with all that other
Insurance by the method described in c. This insurance is primary if you have below. agreed in a written contract or written
agreement that this insurance be
b. Excess Insurance primary. If other insurance is also This insurance is excess over any of the other primary, we will share with all that insurance, whether primary; excess, other insurance by the method contingent or on any other basis: described in c. below. (1) Your Work (b) Primary And Non-Contributory To
That is Fire, Extended Coverage, Builder's Other Insurance When Required By Risk. Installation Risk or similar coverage Contract
for "your work"; If you have agreed in a written
(2) Premises Rented To You contract, written agreement, or permit that this insurance is primary and non-
That is fire, lightning or explosion
contributory with the additional
insurance for premises rented to you or
insured's own insurance, this insurance
temporarily occupied by you with is primary and we will not seek permission of the owner; contribution from that other insurance.
Paragraphs (a) and (b) do not apply to computation, and send us copies at such other insurance to which the additional times as we may request. insured has been added as an additional 6. Representations insured.
a. When You Accept This Policy
When this insurance is excess, we will have
no duty under Coverages A or B to defend By accepling this policy, you agree:
the insured against any "suit" if any other (1) The statements in the Declarations are insurer has a duty to defend the insured accurate and complete; against that "suit". If no other insurer defends, (2) Those statements are based upon we will undertake to do so, but we will be representations you made to us; and entitled to the insured's rights against all (3) We have issued this policy in reliance those other insurers.
upon your representations
When this insurance is excess over other
b. Unintentional Failure To Disclose Hazards
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the If unintentionally you should fail to disclose all sum of: hazards relating to the conduct of your
(1) The total amount that all such other business that exist at the inception date of insurance would pay for the loss in the this Coverage Part, we shall not deny absence of this insurance; and coverage under this Coverage Part because of such failure
(2) The total of all deductible and self-insured
amounts under all that other insurance. 7. Separation Of Insureds We will share the remaining loss, if any, with Except with respect to the Limits of Insurance, any other insurance that is not described in and any rights or duties specifically assigned in this Excess Insurance provision and was not this Coverage Part to the first Named Insured, bought specifically to apply in excess of the this insurance applies:
Limits of Insurance shown in the Declarations a. As if each Named Insured were the only of this Coverage Part. Named Insured; and
c. Method Of Sharing b. Separately to each insured against whom If all of the other insurance permits claim is made or "suit" is brought. contribution by equal shares, we will follow 8. Transfer Of Rights Of Recovery Against this method also. Under this approach each Others To Us insurer contributes equal amounts until it has
paid its applicable hmit of insurance or none a. Transfer Of Rights Of Recovery of the loss remains, whichever comes first. If the insured has rights to recover all or part If any of the other insurance does not permit of any payment, including Supplementary contribution by shares, we will Payments, we have made under this contribute by limits. Under this method, each Coverage Part, those rights are transferred to us. The insured must do nothing after loss to
I or insurance to the doi impair them. At our request, the insured will applicable limits of insurance of all insurers. bring "suit" or transfer those rights to us and
5. Premium Audit help us enforce them.
a. We will compute all premiums for this b. Waiver Of Rights Of Recovery (Waiver Of Coverage Part in accordance with our rules Subrogation) and rates. If the insured has waived any rights of
b. Premium shown in this Coverage Part as recovery against any person or organization advance premium is a deposit premium only. for all or part of any payment, including At the close of each audit period we will Supplementary Payments, we have made compute the earned premium for that period under this Coverage Part, we also waive that and send notice to the first Named Insured right, provided the insured waived their rights The due date for audit and retrospective of recovery against such person premiums is the date shown as the due date organization in a contract, agreement or on the bill. If the sum of the advance and permit that was executed prior to the injury or audit premiums paid for the policy period is damage.
greater than the earned premium, we will 9. When We Do Not Renew retur the excess to the first Named Insured. If we decide not to renew this Coverage Part, we c. The first Named Insured must keep records of will mail or deliver to the first Named Insured the information we need for premium shown in the Declarations written notice of the HG 00 01 09 16 Page 17 of 21
nonrenewal not less than 30 days before the c. All other parts of the world if the injury or expiration date. damage arises out of:
If notice is mailed, proof of mailing will be (1) Goods or products made or sold by you in sufficient proof of notice. the territory described in a. above; SECTION V - DEFINITIONS (2) The activities of a person whose home is
1. "Advertisement" means the widespread public in the territory described in a. above, but is dissemination of information or images that has away for a short time on your business; or the purpose of inducing the sale of goods, (3) "Personal and advertising injury" offenses products or services through: that take place through the Internet or similar electronic means of communication
a. (1) Radio;
(2) Television; provided the insured's responsibility to pay damages is determined in the United States of
(3) Billboard; America (including its territories and possessions). (4) Magazine; Puerto Rico or Canada, in a "suit" on the merits (5) Newspaper, or according to the substantive law in such territory or b. Any other publication that is given widespread in a settlement we agree to.
7. "Employee" includes a "leased worker"
public distribution.
"Employee" does not include a "temporary
However, "advertisement" does not include: worker"
a. The design, printed material, information or 8. "Employment-Related Practices" means:
images contained in, on or upon the
packaging or labeling of any goods or a. Refusal to employ that person; products; or b. Termination of that person's employment; or b. An interactive conversation between or c. Employment-related practices, policies, acts among persons through a computer network. or omissions, such as coercion, demotion.
2. "Advertising idea" means any idea for an evaluation, reassignment. discipline. "advertisement" defamation, harassment, humiliation,
discrimination or malicious prosecution
3. "Asbestos hazard" means an exposure or
directed at that person.
threat of exposure to the actual or alleged
properties of asbestos and includes the mere 9. "Executive officer" means a person holding any presence of asbestos in any form. of the officer positions created by your charter,
4. "Auto" means: constitution, by-laws or any other similar governing document.
a. A land motor vehicle, trailer or semitrailer 10. "Hostile fire" means one which becomes designed for travel on public roads, including uncontrollable or breaks out from where it was any attached machinery or equipment: or intended to be. b. Any other land vehicle that is subject to a 11. "Impaired property" means tangible property, compulsory or financial responsibility law or
other than "your product" or "your work", that
other motor vehicle insurance law where it is cannot be used or is less useful because:
licensed or principally garaged.
However, "auto" does not include "mobile a. It incorporates "your product" or "your work" that is known or thought to be defective.
equipment" deficient, inadequate or dangerous; or
5. "Bodily injury" means physical: b. You have failed to fulfill the terms of a a. Injury. contract or agreement:
b. Sickness; or
if such property can be restored to use by the
c. Disease repair, replacement, adjustment or removal of sustained by a person and, if arising out of the "your product" or "your work", or your fulfilling the above, mental anguish or death at any time. terms of the contract or agreement.
6. "Coverage territory" means: 12. "Insured contract" means:
a. The United States of America (including its a. A contract for a lease of premises. However. territories and possessions), Puerto Rico and that portion of the contract for a lease of Canada: premises that indemnifies any person or
b. International waters or airspace, but only if organization for damage by fire, lightning or the injury or damage occurs in the course of explosion to premises while rented to you or travel or transportation between any places temporarily occupied by you with permission included in a. above; or of the owner is subject to the Damage to
Premises Rented To You Limit described in 14. "Loading or unloading" means the handling of Section III - Limits of Insurance; property:
b. A sidetrack agreement; a. After it is moved from the place where it is c. Any easement or license agreement, accepted for movement into or onto an including an easement or license agreement aircraft, watercraft or "auto":
in connection with construction or demolition b. While it is in or on an aircraft, watercraft or operations on or within 50 feet of a railroad; "auto" , Ог d. An obligation, as required by ordinance, to c. While it is being moved from an aircraft. indemnify a municipality, except in connection watercraft or "auto" to the place where it is with work for a municipality; finally delivered;
e. An elevator maintenance agreement; but "loading or unloading" does not include the f. That part of any other contract or agreement movement of property by means of a mechanical pertaining to your business (including an device, other than a hand truck, that is not indemnification of a municipality in connection attached to the aircraft, watercraft or "auto". with work performed for a municipality) under 15. "Mobile equipment" means any of the following which you assume the tort liability of another types of land vehicles, including any attached party to pay for "bodily injury" or "property machinery or equipment:
damage" to a third person or organization,
provided the "bodily injury" or a. Bulldozers, far machinery, forklifts and other damage" is caused, in whole or in part, by vehicles designed for use principally off public you or by those acting on your behalf. Tort roads;
liability means a liability that would be b. Vehicles maintained for use solely on or next imposed by law in the absence of any to premises you own or rent; contract or agreement. c. Vehicles that travel on crawler treads; Paragraph f. includes that part of any contract d. Vehicles, whether self-propelled or not. or agreement that indemnifies a railroad for
"bodily injury" or "property damage" arising maintained primarily to provide mobility to out of construction or demolition operations, permanently mounted:
within 50 feet of any railroad property and (1) Power cranes, shovels, loaders, diggers or affecting any railroad bridge or trestle, tracks, drills; or road-beds, tunnel, underpass or crossing. (2) Road construction resurfacing However, Paragraph f. does not include that equipment such as graders, scrapers or part of any contract or agreement: rollers;
(1) That indemnifies an architect, engineer or e. Vehicles not described in a., b., c. or d. above surveyor for injury or damage arising out of: that are not self-propelled and are maintained (a) Preparing, approving, or failing to primarily to provide mobility to permanently prepare or approve, maps, shop attached equipment of the following types:
drawings, opinions, reports, surveys, (1) Air compressors, pumps and generators, field orders, change orders or drawings including spraying. welding. building and specifications; or cleaning, geophysical exploration, lighting (b) Giving directions or instructions, or and well servicing equipment, or failing to give them, if that is the (2) Cherry pickers and similar devices used to primary cause of the injury or damage; raise or lower workers; f. Vehicles not described in a., b., c. or d. above
(2) Under which the insured, if an architect, maintained primarily for purposes other than engineer or surveyor, assumes liability for the transportation of persons or cargo. an injury or damage arising out of the
insured's rendering or failure to render However, self-propelled vehicles with the following types of permanently attached
professional services, including those listed equipment are not "mobile equipment" but will in (1) above and supervisory, inspection, be considered "autos":
architectural or engineering activities
13. "Leased worker" means a person leased to you (1) Equipment designed primarily for:
by a labor leasing firm under an agreement (a) Snow removal:
between you and the labor leasing firm, lo (b) Road maintenance, but not perform duties related to the conduct of your construction or resurfacing; or business. "Leased worker" does not include a
"temporary worker". (c) Street cleaning;
HG 00 01 09 16 Page 19 of 21
(2) Cherry pickers and similar devices (2) Work that has not yet been completed or mounted on automobile or truck chassis abandoned. However. "your work" will be and used to raise or lower workers; and deemed completed at the earliest of the (3) Air compressors, pumps and generators, following times:
including spraying. welding, building (a) When all of the work called for in your cleaning, geophysical exploration, lighting contract has been completed. and well servicing equipment. (b) When all of the work to be done at the However, "mobile equipment" does not include job site has been completed if your any land vehicle that is subject to a compulsory contract calls for work at more than or financial responsibility law or other motor one job site. vehicle insurance law where it is licensed or (c) When that part of the work done at a principally garaged. Land vehicles subject to a job site has been put to its intended compulsory or financial responsibility law or other use by any person or organization motor vehicle insurance law are considered other than another contractor or "autos". subcontractor working on the same
16. "Occurrence" means an accident, including project.
continuous or repeated exposure to substantially Work that may need service, the same general harmful conditions. maintenance, correction, repair or
17. "Personal and advertising injury" means replacement but which is otherwise injury, including consequential "bodily injury". complete, will be treated as completed arising out of one or more of the following b. Does not include "bodily injury" or "property offenses: damage" arising out of:
a. False arrest, detention or imprisonment; (1) The transportation of property, unless the b. Malicious prosecution; injury or damage arises out of a condition c. The wrongful eviction from, wrongful entry in or on a vehicle not owned or operated into, or invasion of the right of private by you, and that condition was created by occupancy of a room, dwelling or premises the "loading or unloading" of that vehicle that a person or organization occupies. by any insured; committed by or on behalf of its owner. (2) The existence of tools, uninstalled landlord or lessor; equipment or abandoned or unused
d. Oral, written or electronic publication, in any materials; or manner, of material that slanders or libels a (3) Products or operations for which the organization or disparages a classification, listed in the Declarations or person's or organization's goods, products or in a policy Schedule, states that products- services; completed operations are subject to the
e. Oral, written or electronic publication, in any General Aggregate Limit. manner, of material that violates a person's 20. "Property damage" means:
right of privacy; a. Physical injury to tangible property, including f. Copying, in your "advertisement", a person's all resulting loss of use of that property. All or organization's "advertising idea" or style of such loss of use shall be deemed to occur at "advertisement. or the time of the physical injury that caused it:
g. Infringement of copyright, slogan, or title of or
any literary or artistic work, in your b. Loss of use of tangible property that is not "advertisement"
physically injured. All such loss of use shall
18. "Pollutants" mean any solid, liquid, gaseous or be deemed to occur at the time of the thermal irritant or contaminant, including smoke, "occurrence" that caused it vapor, soot, fumes, acids, alkalis, chemicals and As used in this definition, computerized or waste. Waste includes materials to be recycled, electronically stored data. programs or software reconditioned or reclaimed. are not tangible property, Electronic data means
19. "Products-completed operations hazard": information, facts or programs:
a. Includes all "bodily injury" and "property a. Stored as or on; damage" occurring away from premises you b. Created or used on: or own or rent and arising out of "your product"
or "your work" except: c. Transmitted to or from;
(1) Products that are still in your physical computer software, including systems and possession; or applications soflware, hard or floppy disks, CD-