Redondo Beach City Council
December 6, 2022

FIRST AMENDMENT TO THE AGREEMENT

FOR CONSULTING SERVICES BETWEEN THE CITY OF REDONDO BEACH AND INTERWEST CONSULTING GROUP INC.

This First Amendment to the Agreement for Consulting Services ("First Amendment") is made between the City of Redondo Beach, a chartered municipal corporation ("City") and Interwest Consulting Group Inc., a Colorado corporation ("Consultant" or "Contractor").

WHEREAS, on February 9, 2021, the parties entered into the Agreement for Consulting Services between the City and Consultant (the "Agreement"); and WHEREAS, the parties desire to modify the terms of the Agreement.

NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:

1. Scope of Services. Exhibit "A" of the Agreement is hereby amended to add the following services: Full Time Building Official Services, Building Inspection Services and plan review services.

2. Compensation. Exhibit "C" of the Agreement is hereby amended to include the additional amount of $95,000 for the new services described above for a total not to exceed amount of $110,000, compensated at the rates below:

CLASSIFICATION TIME REQUIREMENT HOURLY BILLING ESTIMATED

RATE COST
Kevin O'Flaherty, F/T CBO & 13 Weeks × 40 Hrs Per Wk $150 $78,000 Inspections

3. No Other Amendments. The Agreement and this First Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement and this First Amendment, the terms of this First amendment shall govern.

IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 1st day of February, 2022.

CITY OF REDONDO BEACH, INTERWEST CONSULTING GROUP, INC. a chartered municipal corporation a California corporation acRe
William C. Brand, Mayor Tite: Tie President Operat.ons
ATTEST: APPROVED AS TO FORM:

Elean Marians nill v. Let
Eleanor Manzano, City Glerk Michael W. Webb, City Attorney

DATE (MM/DD/YYYY)
ACORD® CERTIFICATE OF LIABILITY INSURANCE
12/17/2021
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(les) 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)- Symone White
RBN Insurance Services INC. No. Ext): 312-856-9400 (A/C, No): 312-856-9425 303 E Wacker Dr Ste 650
ADDRESS: [email protected]
Chicago IL 60601

INSURER(S) AFFORDING COVERAGE
INSURERA: Hartford Fire Insurance Co 19682
SAFELLC-01 INSURER B: Hartford Casualty Insurance Co 29424

INSURED
Interwest Consulting Group INSURER C: Great American E&S Ins. Co... 37532 P.O. Box 18330 29459
Boulder CO 80308 INSURER D: Twin City Fire Insurance Co.

INSURER E: Bridgeway Insurance Company 12489
INSURER F: Navigators Specialty Ins. Co. 36056
CERTIFICATE NUMBER: 1588677109 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.

COMMERCIAL GENERAL LIABILITY

DAMAGE TO RENTED
I CLAIMS-MADE ! X OCCUR PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO. : PRODUCTS - COMP/OP AGG $2,000,000

X I POLICY JECT LOC
OTHER: COMRINED SINGLE LIMIT
10/3/2021 10/3/2022 $ 1,000,000
AUTOMOBILE LIABILITY 83UENPY9100 - (Ea accident)
BODILY INJURY (Per person)

X ANY AUTO
OWNED SCHEDULED BODILY INJURY (Per accident)

AUTOS ONLY AUTOS PROPERTY DAMAGE
HIRED X NON-OWNED (Per accident)

AUTOS ONLY AUTOS ONLY
UMBRELLA LIAB CH21EXC885600IC 10/3/2021 10/3/2022 EACH OCCURRENCE $5,000,000 OCCUR
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000
RETENTIONS Q отН.

WORKERS COMPENSATION 83WECE0623 5/12/2021 5/12/2022 I STATUTE. ER

AND EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT $ 1,000,000

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICERINEMPER EXCLUDED?
(Mandatory In NH) EL. DISEASE • EA EMPLOYEE $ 1,000,000 BESCRIPTION OF OPERATIONS beLON EL. DISEASE - POLICY LIMIT: $1,000,000 10/3/202 10/3/2022 ach Claim/Aggreg 10,000,000
Excess La (indi Layer TER 2861558 ach Occ/Aggreg 5,000,000 8E-A7-XL-0002079-00 10/3/202 10/3/2022
DESCRIPTION OF OPERATIONS LOCATIONS / VEHICLES (CORD 10%, Aditional Remarks Schedule, may to attached it more space ix required! Auto Liabity as required by is ten contrac. Umbrelia libiy fis form over General latiny, Auto Liabily, and Empas ers lity as pril it in race. 30 days notice of cancellation applies

CERTIFICATE HOLDER CANCELLATION

HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOF HE EXPIRATION DATE THEREO • NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

City of Redondo Beach
415 Diamond Street
P.O. Box 270 AUTHORIZED REPRESENTATIVE
Redondo Beach CA 90277 L-.
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY#: 83UENPY9100 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 covered "auto" you don't own, hire or
A. Subsidiaries and Newly Acquired or
borrow in your business or your
Formed Organizations
personal affairs.

The Named Insured shown in the
Deciarations 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 if:
any subsidiary that is an (1) The agreement requires you to "insured" under any other automobile provide direct primary insurance for policy or would be an "insured" under the lessor and
such a policy but for its termination or (2) The "auto" is leased without a driver. the exhaustion of its Limit of Insurance.
(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 liable 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 Insured with regard to the
you formed or acquired the organization. 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
of ISO Properties, Inc., with its permission.) Page 1 of 5 Form HA 99 16 03 12
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 primary. If other insurance is also
(2) How Limits Apply 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
(4) Primary And Non-Contributory To Other
additional insured on your policy, the 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 is primary and non-contributory with the
the written contract or written
additional insured's own insurance, this
agreement; or 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 availabie 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. to 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 other 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 additional insured on your policy, the 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 IV -
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 at 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 11 - 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 insurance 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 owe on the loan/lease at the time of "loss" less
If hired "autos" are covered "autos" for Liability any amounts representing taxes; overdue Coverage and if Comprehensive, Specified or charges
payments; penalties, interest
resulting from overdue payments; additional
mileage charges; excess wear and tear charges;
"auto" you own, then the Physical Damage lease termination fees; security deposits not Coverages provided are extended to "autos" you
returned by the lessor; costs for extended
hire or borrow, subject to the following limit. 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 lil - 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 to Paragraphs B.4 - a. The exceptions
insurance. Subject to the above limit, deductible
EXCLUSIONS - of SECTION III - PHYSICAL
and excess provisions, we will provide coverage DAMAGE COVERAGE are replaced by the equal to the broadest coverage applicable to any following:
covered "auto" you own.

Exclusions 4.c. and 4.d. do not apply to
We will also cover loss of use of the hired auto"
equipment designed to be operated solel
f it results from an "accident", you are legal! y use of the power from the "auto's iable and the lessor incurs an actual financia electrical system that, at the time of "loss". loss, subject to a maximum of $1000 per
is:
"accident".

This extension of coverage does not apply to (1) Permanently installed in or upon the covered "auto";
any "auto" you hire or borrow from any of your
"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 i or members of their households. or upon the covered "auto"; (3) An integral part of the same unit
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 III - 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 any one "accident" to all electronic ACCIDENT, CLAIM, SUIT OR LOSS equipment (other than equipment designed The requirement in LOSS CONDITIONS 2.a. - solely for the reproduction of sound, and DUTIES IN THE EVENT OF ACCIDENT, CLAIM. accessories used with such equipment) SUIT OR LOSS - of SECTION IV - BUSINESS that reproduces, receives or transmits AUTO CONDITIONS that you must notify us of audio, visual or data signals which, at the
an "accident" applies only when the "accident" is
time of "loss", is:
known to:
(1) Permanently installed in or upon
(1) You, if you are an individual;
the covered "auto" in a housing,
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
If you unintentionally fail to disclose any hazards
(3) An integral part of such equipment. 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 - of SECTION IV - BUSINESS AUTO
less.

CONDITIONS is replaced by the following:

9. EXTRA EXPENSE - BROADENED
COVERAGE e. For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
Under Paragraph A. - COVERAGE - of SECTION 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 - BUSINESS AUTO CONDITIONS is amended by
Under Paragraph D. - DEDUCTIBLE - of SECTION adding the following:

III - PHYSICAL DAMAGE COVERAGE, the
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
powered soleiy by electricity or natural gas.
disease sustained by any person, including
mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more
electric motors; and that uses the internal

17. EXTENDED CANCELLATION CONDITION
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 In the event of a total loss to an "auto" for which to the first Named Insured written notice of
Comprehensive, Specified Causes of Loss, or
cancellation at least 60 days before the effective
Collision coverages are provided under this
date of cancellation.

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.lf 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#: 830ENZV2951

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 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 II - occurred, in whole or in part. If such a Who Is An Insured. listed insured or authorized "employee" knew, prior to the policy period, that the
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V - injury" or "property damage" occurred. then any continuation, change
Definitions.
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 c. "Bodily injury" or "property damage" will be deemed to have been known to have
a. We will pay those sums that the insured
occurred at the earliest time when any
becomes legally obligated to pay as damages
or "property insured listed under Paragraph 1. of Section I| because of "bodily injury" - Who Is An Insured or any "employee" damage" to which this insurance applies. We authorized by you to give or receive notice of will have the right and duty to defend the
an "occurrence" or claim:
insured against any "suit" seeking those
(1) Reports all, or any part, of the "bodily
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 III - 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 by any 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 resuiting 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 "Bodily injury" arising out of the rendering of explicitly provided for under Supplementary or failure to render the following health care Payments - Coverages A and B. 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 cost of, that party's defense has also
(a) Medical, surgical, dental, laboratory, x- been assumed in the same "insured ray or nursing services or treatment, contract", and
advice or instruction, or the related
furnishing of food or beverages; (b) Such attorney fees and litigation (b) Any health or therapeutic service, expenses are for defense of that party against a civit or alternative dispute
treatment, advice or instruction; or
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
(1) Causing or contributing to the intoxication
defibrillator; or
of any person;
(b) Services performed as a Good
(2) The furnishing of alcoholic beverages to a
Samaritan.
person under the legal drinking age or
For the purpose of determining the limits of under the influence of alcohol; or insurance, any act or omission together with regulation all related acts or omissions in the furnishing (3) Any statute, ordinance relating to the sale, gift, distribution or use
of these services to any one person will be
considered one "occurrence". of alcoholic beverages.

This exclusion applies even if the claims
However, this Incidental Medical Malpractice
against any insured allege negligence or
And Good Samaritan Coverage provision
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 insured; or

2. Exclusions
(b) Providing or failing to provide
This insurance does not apply to:
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 "bodily injury" or "property damage" resulting which is described in Paragraph (1), (2) or (3) from the use of reasonable force to protect above.
persons or property. However, this exclusion applies only if you b. Contractual Liability of manufacturing,
distributing, selling, serving or furnishing
vor the asinion of any a . alcoholic beverages. For the purposes of this 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 or 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
"Bodily injury" to:
insured are deemed to be damages
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 tim ansported, handled, stored, treatec
(b) Performing duties related to the disposed of, or processed as waste by conduct of the insured's business; or
or for:
(2) The spouse, child, parent, brother or sister (i) Any insured; or of that "employee" as a consequence of
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 contractors or subcontractors working
or repay someone else who must pay directly or indirectly on any insured's damages because of the injury. behalf are performing operations if the This exclusion does not apply to liability "pollutants" are brought on or to the assumed by the insured under an "insured premises, site or location in connection contract". 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 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
(it) "Bodily injury" or "property damage" are brought on or to the premises, site or location with the intent that
for which you may be held liable, if
they be discharged, dispersed or
you are a contractor and the owner
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 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" (iii) "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 quality regulatory 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 any way 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 reguiatory 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" prearranged speed,
any racing,
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,
"Bodily injury" or "property damage", however
employment, training or monitoring of others
by that insured, if the "occurrence" which caused, arising, directly or indirectly, out of:
caused the "bodily injury" or "property (1) War, including undeclared or civil war; damage" involved (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 governmental
(2) A watercraft you do not 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 "Property damage" to:
charge;
(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 Property
because "your work" was incorrectly
performed on it. Damages claimed for any loss, cost or
expense incurred by you or others for the loss
Paragraphs (1), (3) and (4) of this exclusion of use, withdrawal, recall, inspection, repair, do not apply to "property damage" (other than replacement, adjustment, removal or disposal damage by fire) to premises, including the
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 (3) "Impaired property":

Section III - Limits Of Insurance.
if such product, work, or property is withdrawn
Paragraph (2) of this exclusion does not apply or recalled from the market or from use by if the premises are "your work" and were any person or organization because of a never occupied, rented or held for rental by defect, deficiency, known or suspected
you. 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 trade secrets, processing "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 inability to manipulate electronic data.
"Property damage" to "your work" arising out
of it or any part of it and included in the This exciusion 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, public relations expenses or any other loss.
work or the work out of which the damage
cost or expense incurred by you or others
arises was performed on your behalf by a arising out of that which is described in subcontractor.

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, celis, 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.
(2) The CAN-SPAM Act of 2003, including
q. Employment-Related Practices any amendment of or addition to such law; "Bodily injury" to: (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. injury-causing event dissemination, disposal, collecting. (1) Whether transmitting,
described in the definition of "employment- recording, sending, practices" 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
Exclusions c. through h. and j. through n. do not
(3) To any obligation to share damages with
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 occupied by you with permission of the owner. A
r. Asbestos separate of insurance applies to this
(1) "Bodily injury" or "property damage" coverage as described in Section Ill - 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 a. We will pay those sums that the insured threatened injury or damage of any becomes legally obligated to pay as damages nature or kind to persons or property because of "personal and advertising injury" which would not have occurred in to which this insurance applies. We will have whole or in part but for the "asbestos 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 or 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 (1) The amount we will pay for damages is hazard; or limited as described in Section III - Limits (c) Arise out of any claim or suit for Of Insurance; and damages because of testing for, (2) Our right and duty to defend end when we monitoring, , cleaning up, removing, 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 i. 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 ansing out of your business but only if the or violation of any inteilectual property offense was committed in the "coverage 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
insured with the expectation of inflicting
"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" committed
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
However, this exclusion does not apply to
agreement.

Paragraphs a., b. and c. of the definition of
f. Breach Of Contract personal and advertising injury" under th "Personal and advertising injury" arising out of a efinitions Sectior 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 website; 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 "Personal and advertising injury" arising out of mislead another's potential customers. 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, "Personal and advertising injury" arising out of contain, treat, detoxify or neutralize, or in the fluctuation in price or value of any stocks, any way respond to, or assess the effects
bonds or other securities.
of, "pollutants", or
t. Recording And Distribution Of Material Or
(2) Claim or suit by or on behalf of a
Information In Violation Of Law
governmental authority for damages
because of testing for, monitoring, "Personal and advertising injury" arising cleaning removing, containing, directly or indirectly out of any action or treating, detoxifying or neutralizing, or in omission that violates or is alieged 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 any amendment of or addition to such law,
(2) Warlike action by a military force, including including the Fair and Accurate Credit action in hindering or defending against an
Transaction Act (FACTA); or
actual expected any
government, sovereign or other authority (4) Any federal, state or local statute, Long mini using military personnel or other agents; ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
(3) Insurrection, rebellion, revolution, usurped addresses, prohibits or limits the printing, power, or action taken by governmental collecting,
authority in hindering or defending against dissemination, disposal, transmitting, recording, sending,
any of these. communicating or distribution of material P. Interst Advertisements And Content of or information. u. Employment-Related Practices
"Personal and advertising injury" arising out "Personal and advertising injury" to:
of:
(1) An "advertisement" for others on your web (1) A person arising out of any "employment- related practices"; or
site;
(2) The spouse, child, parent, brother or sister
(2) Placing a link to a web site of others on of that person as a consequence of your web site:
"personal and advertising injury" to that
(3) Content, including information, sounds, person at whom any "employment-related text, graphics, or images from a web site practices" are directed. of others displayed within a frame or
border on your web site; 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" occurs 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
(2) On ways next to premises you own or
employer or in any other capacity; and
rent; or
(3) To any obligation to share damages with (3) Because of your operations; or repay someone else who must pay
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 accident; and
loss, costs or expenses that:
(3) The injured person submits to
(a) May be awarded or incurred by reason
examination, at our expense, by
of any claim or suit alleging actual or
threatened injury or damage of any physicians of our choice as often as we nature or kind to persons or property reasonably require. 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
(b) Arise out of any request, demand, reasonable expenses for:
order or statutory or regulatory (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
(3) Necessary hospital,
hazard*; or Neesonal nursing ana funeral servicetal.
(c) Arise out of any claim or suit for

2. Exclusions
damages because of testing for,
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 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 information, credit card information, health
information or any other type of nonpublic To a person, whether or not an "employee" o any insured, if benefits for the "bodily injury" are
information. 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.
monitoring 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" Excluded under Coverage A. are such that no conflict appears to exist 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
investigate or settle, or any "suit" against an conduct and control the defense of that 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 indemnitee; 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 Supplementary
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 the limits of insurance.
indemnitee of the insured is also named as a
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 ends when:
damages for which the insured has assumed
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 Deciarations 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 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 (1Xa), (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 control is being exercised for any
duties as trustees.
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 Any person (other than your "employee" or venture or limited liability company or your and faile
"volunteer worker"), or any organization while
managers (if you are a limited liability
acting as your real estate manager.
company), but only for acts within the scope
of their employment by you 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 while in the course of his or her with respect to duties as such. That duties representative will have all your rights and
employment or performing
duties under this Coverage Part.
related to the conduct of your
business, or to your other "volunteer e. Unnamed Subsidiary workers" while performing duties Any subsidiary, and subsidiary thereof, of related to the conduct of your 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
liability company, and over which you maintain bodily is vendor property data ges aris, tg 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 liability 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, 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 nomally 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 the distribution or sale of the products;

5. Additional Insureds When Required By
Written Contract, Written Agreement Or (f) Demonstration, installation, servicing or repair operations, except such
The following person(s) or organization(s) are an operations performed at the vendor's premises in connection with the sale of
additional insured when you have agreed, in a
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 foliowing 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 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
with the distribution or sale of the services by or for you, including:
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 or any ingredient, part or container,

2. Supervisory, inspection, architectural or
entering into, accompanying or containing
engineering activities.
such products.
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 "bodily injury" or "property advertising injury" caused, in whole or in , or the offense which caused the part, by your maintenance, operation or "personal and advertising injury", involved the use of equipment leased to you by such 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
e. Permits Issued By State Or Political
these additional insureds this insurance
Subdivisions
does not apply to any "occurrence" which
place after the equipment lease Any state or political subdivision, but only with takes
respect to operations performed by you or on
expires.
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, apply to:
maintenance or use of that part of the land or
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" or "personal 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 ) The written contract or agreeme 1. The Most We Will Pay quires vou to provide such coverad 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 "products-
completed operations hazard". b. Claims made or "suits" brought; or c. Persons or organizations making claims or
However:
bringing "suits".
(1) The insurance afforded to such additional 2. General Aggregate Limit insured only applies to the extent
permitted by law; and The General Aggregate Limit is the most we will (2) If coverage provided to the additional pay for the sum of:
insured 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- or agreement to provide for such completed operations hazard"; and additional insured.
c. Damages under Coverage B.

With respect to the insurance afforded to

3. Products-Completed Operations Aggregate
these additional insureds, this insurance does
Limit
not apply to:
injury", "property damage" The Products-Completed Operations Aggregate "Bodily Limit is the most we will pay under Coverage A
"personal and advertising injury" arising out of
for damages because of "bodily injury" and
the rendering of, or the failure to render, any
"property damage" included in the "products-
professional architectural, engineering or
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 under Coverage B for the sum of all damages
specifications; or because of all "personal and advertising injury" sustained by any one person or organization.
(2) Supervisory, inspection, architectural or
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 III - 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
(1) Immediately record the specifics of the
or any combination of these.
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 wil pay under Coverage C for all You or any additional insured must see to it medical expenses because of "bodily injury" that we receive written notice of the claim or "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 claim or "suit";
a. The limits of insurance specified in the written
contract or written agreement; or (2) Authorize us to obtain records and other information;
b. The Limits of Insurance shown in the
Declarations. (3) Cooperate with us in the investigation or settlement of the claim or defense against
Such amount shall be a part of and not in
the "suit"; and
addition to Limits of Insurance shown in the
Declarations and described in this Section. (4) Assist us, upon our request, in the enforcement of any nght against any person
The Limits of Insurance of this Coverage Part apply
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.

Insurance.
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 insalvency of the insured or of the insured, such additional insured must submi 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 contract or 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
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 additional insured 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 1 - 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 If the loss arises out of "property damage" Coverage Part: 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
claimant or the claimant's legal representative. (7) When You Add Others As An 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 other insurance available to any person or
obligations are limited as follows: 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 surance whether primary, excess, other insurance by the method ontingent or on any other basis
(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
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 accepting 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
insurance, we will pay only our share of the b. Unintentional Failure To Disclose Hazards amount of the lass, if any, that exceeds the If unintentionally you should fail to disciose 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 this Coverage Part, we shall not deny
insurance would pay for the loss in the
coverage under this Coverage Part because
absence of this insurance; and
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 limit 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 Payments, we have made under this
contribution by equal shares, we will
Coverage Part, those rights are transferred to
contribute by limits. Under this method, each
insurer's share is based on the ratio of its us. The insured must do nothing after loss to impair them. At our request, the insured will
applicable limit of insurance to the total bring "suit" or transfer those rights to us and applicable limits of insurance of all insurers.
help us enforce them.

5. Premium Audit
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 eared 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 of recovery against such person or
The due date for audit and retrospective
premiums is the date shown as the due date organization in a contract, agreement or permit that was executed prior to the injury or
on the bill. If the sum of the advance and
audit premiums paid for the policy period is damage.
greater than the earned premium, we will 9. When We Do Not Renew return 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 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 a. (1) Radio; similar electronic means of communication (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 in a settlement we agree to.
b. Any other publication that is given widespread
public distribution. 7. "Employee" includes a "leased worker".

However, "advertisement" does not include: "Employee" does not include a "temporary worker"
a. The design, printed material, information or

8. "Employment-Related Practices" means:
images contained 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, constitution, by-laws or any other similar

4. "Auto" means:
governing document.
a. A land motor vehicle, trailer or semitrailer fire" means one which becomes

10. "Hostile
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 motor vehicle insurance law where it is other than "your product" or "your work", that cannot be used or is less useful because:
licensed or principally garaged.
a. It incorporates "your product" or "your work"
However, "auto" does not include "mobile that is known or thought to be defective, equipment".
deficient, inadequate or dangeraus; 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 fuffiling 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 Iil - 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"; or 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 (inciuding 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
party to pay for "bodily injury" or "property types of land vehicles, including any attached damage" to a third person or organization, machinery or equipment:
provided the "bodily injury" or "property a. Bulldozers, farm 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 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 permanently mounted:
out of construction or demolition operations,
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 arcnitect, 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, attached equipment of the following types:
drawings, opinions, reports, surveys, (1) Air compressors, pumps and generators, field orders, change orders or drawings including spraying, and specifications; or cla weis pophysical cleaning, geophysical exploration, lighting (b) Giving directions or instructions, or and well servicing equipment; o failing to give them, if that is (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 permanentiy attached
professional services, including those listed
in (1) above and supervisory, inspection, equipment are not "mobile equipment" but will 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, to (b) Road maintenance, but not perform duties related to the conduct of your construction or resurfacing; or business. "Leased worker" does not include a
(c) Street cleaning;
"temporary worker".

HG 00 01 09 16 Page 19 of 21
(2) Cherry pickers and similar devices (2) Work that has not yet been completed or on automobile or truck chassis abandoned. However, "your work" will be and used to raise or lower workers; and leemed completed at the earliest of the (3) Air compressors, pumps and generators, ollowing 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 calis for work at more than or financial responsibility law or other motor one job site. vehicle insurance law where it is licensed or
principally garaged. Land vehicles subject to a (c) When that part of the work done at a compulsory or financial responsibility law or other job site has been put to its intended motor venice insurance law are considered use by any person or organization "autos". other than another contractor or
subcontractor working on the same

16. "Occurrence" means an accident, including project.
continuous or repeated exposure to substantially
the same general harmful conditions. Work that service, maintenance, correction, is otherwise repair

17. "Personal and advertising injury" means replacement, but which injury, including consequential "bodily injury", complete, will be treated as completed. arising out of one or more of the following
offenses: b. Does not include "bodily injury" or "property 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 person or 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 toss 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
any literary or artistic work, in your
"advertisement". b. Loss of use of tangible property that is not 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
waste. Waste includes materials to be recycled, As used in this definition, computerized or reconditioned or reclaimed. electronically stored data, programs or software 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
own or rent and arising out of "your product" b. Created or used on; or 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 software, hard or floppy disks, CD-

ROMS, tapes, drives, cells, data processing 25. "Your work":
devices or any other media which are used with a. Means:
electronically controlled equipment.
(1) Work or operations performed by you or

21. "Suit" means a civil proceeding in which on your behalf; and damages because of "bodily injury". "property
damage" or "personal and advertising injury" to (2) Materials, parts or equipment furnished in which this insurance applies are alleged. "Suit" connection with such work or operations. includes: b. Includes
a. An arbitration proceeding in which such (1) Warranties or representations made at damages are claimed and to which the any time with respect to the fitness, insured must submit or does submit with our quality, durability, performance or use of consent; or "your work", and
b. Any other alternative dispute resolution (2) The providing of or failure to provide proceeding in which such damages are warnings or instructions. claimed and to which the insured submits with
our consent.

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

23. "Volunteer worker" means a person who
a. Is not your "employee";
b. Donates his or her work;
c. Acts at the direction of and within the scope
of duties determined by you; and
d. Is not paid a fee, salary or other
compensation by you or anyone else for their
work performed for you.

24. "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose
business or assets you have acquired;
and
(2) Containers (other than vehicles).
materials, parts or equipment furnished in
connection with such goods or products.
b. includes
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use of
"your product"; and
(2) The providing of or failure to provide
warnings or instructions.
• Does not include vending machines or oth
roperty rented to or located for the use i
others but not sold.

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