Cities Index.
Item 06 - Agreement Citywide Pool Chemicals (PDF-14402 KB)

Sacramento City Council
May 24, 2022

Document
Item 06 - Agreement Citywide Pool Chemicals (PDF-14402 KB)
Meeting
May 24, 2022
Body
Sacramento City Council
Pages
6
Original file
14.7 MB
Text extracted from the city's file for reading and search. Open the original on sacramento.granicus.com. That file is the official record.

City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org

File ID: 2022-00979 May 24, 2022 Consent Item 06

Title: Agreement: Citywide Pool Chemicals

Location: Citywide

Recommendation: Pass a Motion: 1) awarding a three-year contract to National Aquatics Services, Inc. for the purchase of swimming pool chemicals in an amount not to exceed $1,983,674 for fiscal years 2023-25; 2) authorizing the City Manager or the City Manager's designee to extend the contract for up to two additional years for an amount not to exceed $3,306,123 for the potential five-year period; and 4) authorizing the City Manager or the City Manager's designee to execute the contract and amendments provided that sufficient funds are available in the budget adopted for the applicable fiscal year.

Contact: Sjon Swanson, Recreation Superintendent, (916) 808-6049, [email protected]; Jackie Beecham, Recreation Manager, (916) 808-3818, [email protected], Department of Youth, Parks, & Community Enrichment

Presenter: None

Attachments:
1-Description/Analysis
2-Contract

Description/Analysis

Issue Detail: The Youth, Parks, & Community Enrichment Department (YPCE) manages the operation of public swimming pools, wading pools, and a spray park at 18 locations throughout the City of Sacramento that require pool chemicals. YPCE has an ongoing need to purchase chemicals to operate each facility. The chemicals are required to keep the water chemistry in the safe operating parameters as required by County, State and Federal guidelines.

Policy Considerations: The recommendations in this report are in accordance with the provisions of the City Code Chapter 3.56 related to the purchase of supplies.

Economic Impacts: None.

Environmental Considerations: The purchase of supplies for pool operations is an administrative activity that is not considered a “project” subject to environmental review per California Environmental Quality Act Guidelines section 15378(b)(5).

Sustainability: State law imposes the requirement that public pools meet water quality standards, which requires using certain types of chemicals. All storage and usage of these chemicals is in compliance with county, state and federal regulations. The chemicals are stored at the site of each individual swimming and wading pool. The sites are regularly inspected by the Sacramento County Department of Environmental Management, Hazardous Materials Unit.

Commission/Committee Action: None.

Rationale for Recommendation: The chemicals ensure protection of the public from biological hazards inherent in public swimming and wading pools. Without use of these chemicals, YPCE would be forced to drain all City swimming and wading pools on a regular basis to prevent possible health hazards.

On March 11, 2022, YPCE, in accordance with City Code Chapter 3.56, issued an Invitation for Bids for the purchase of seven groups of chemicals with only two bids received. National Aquatics Services, Inc. submitted the lowest bid.

Financial Considerations: A three-year contract for the period July 1, 2022 through June 30, 2025 for an amount not to exceed $1,983,674 will allow for purchase of swimming and wading pool chemicals for fiscal years 2023-25. If exercised, the option to extend the contract for up to two additional years will not exceed $3,306,123 for the potential five-year period. Contract extensions will only be exercised provided there is sufficient funding in applicable fiscal year.

Local Business Enterprise (LBE): Not applicable.

02/02/2022
Brown & Brown Insurance Services of California, Inc
3697 Mt. Diablo Blvd, Ste 100
Lafayette CA 94549-3745
Jennifer L. Yee, CLCS
(800) 733-3131
[email protected]
National Aquatic Services, Inc.
9030 Brentwood Blvd., Ste. F
Brentwood CA 94513
Regent Insurance Company 24449A
General Casualty Company of Wisconsin 24414A
Everest Premier Insurance Company 16045
2022-23
A Y Y BPK0007957 02/01/202202/01/2023
1,000,000
100,000
10,000
1,000,000
2,000,000
2,000,000
B Y Y BCA0004724 02/01/202202/01/2023
1,000,000
B
10,000
BUM0008880 02/01/202202/01/2023
5,000,000
5,000,000
C Y Y 7600021299221 02/01/202202/01/2023 1,000,000
1,000,000
1,000,000
City of Sacramento, its officials, employees, and volunteers are included as additional insureds, coverage is primary and non-contributory and waiver of subrogation applies with respect to the General Liability and Auto Liability where required by written contract or agreement per attached endorsements subject to policy terms, conditions, and exclusions. Waiver of subrogation also applies to Workers' Compensation where required by written contract or agreement per attached endorsements subject to policy terms, conditions, and exclusions.

City of Sacramento; Youth, Parks and Community Enrichment, Fiscal & Mgmt Svcs; Attn: Junjie Yu
915 I Street, 3rd Floor
Sacramento CA 95814

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:

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

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

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

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

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

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

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

EROTH-STATUTEPER

LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

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

COMMERCIAL GENERAL LIABILITY

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

POLICY PRO-JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

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

HIREDAUTOS ONLY

COMMERCIAL GENERAL LIABILITY
AH CG 8608 09 17

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AH CG 8608 09 17 Includes copyrighted material of Insurance Services Office Inc., with its permission.

Copyright, Insurance Services Office, Inc. 2002 Page 1 of 2

CONTRACTORS BLANKET ADDITIONAL INSURED

ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. WHO IS AN INSURED (Section II) is amended to
include as an insured any person or organization
(called additional insured) whom you are required
to add as an additional insured on this policy
under a written contract or written agreement; but
the written contract or written agreement must be:

1. Currently in effect or becoming effective
during the term of this policy; and

2. Executed prior to the “bodily injury”, “property
damage” or “personal and advertising injury”.

B. The insurance provided to the additional insured
is limited as follows:

1. That person or organization is an additional
insured only with respect to liability for “bodily
injury”, “property damage” or “personal and
advertising injury” caused in whole or in part,
by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on
your behalf.
in the performance of your operations for the
additional insured.

2. The Limits of Insurance applicable to the
additional insured are those specified in the
written contract or written agreement or in the
Declarations of this policy, whichever is less.

These Limits of Insurance are inclusive of,
and not in addition to, the Limits of Insurance
shown in the Declarations.

3. The coverage provided to the additional
insured by this endorsement and paragraph f.
of the definition of “insured contract” under
DEFINITIONS (SECTION V) do not apply to
“bodily injury” or “property damage” arising out
of the “products-completed operations
hazard” unless required by the written
contract or written agreement.

4. The insurance provided to the additional
insured does not apply to:
“Bodily injury”, “property damage”, or
“personal and advertising injury” arising out of
the rendering of, or failure to render, any
professional architectural, engineering or
surveying services, including:
a. The preparing, approving, or failure to
prepare or approve maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; and
b. Supervisory, inspection, architectural or
engineering activities.

5. We have no duty to defend or indemnify an
additional insured under this endorsement:
a. For any liability due to negligence
attributable to any person or entity other
than you or those acting on your behalf in
the performance of your operations for
the additional insured.
b. For any loss which occurs prior to our
named insured commencing operations at
the location of the loss.
c. Until we receive written notice of a claim
or “suit” from the additional insured as
required in the Duties In The Event of
Occurrence, Offense Claim or Suit
Condition.

C. As respects the coverage provided under this
endorsement, the COMMERCIAL GENERAL
LIABILITY CONDITIONS (SECTION IV) are
amended as follows:

1. The following is added to the Duties In The
Event of Occurrence, Offense, Claim or
Suit Condition:

An additional insured under this endorsement
will as soon as practicable:

Page 2 of 2 ends

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Copyright, Insurance Services Office, Inc. 2002

AH CG 8608 09 17

(1) Give written notice of an occurrence
or an offense to us which may result
in a claim or “suit” under this
insurance;
(2) Agree to trigger or activate any other
insurance which the additional
insured has, which is primary, for a
loss we cover under this Coverage
Part by tendering the defense to the
insurers of all such other insurance.

2. As respects the coverage provided under this
endorsement, Paragraph 4.b. of the Other
Insurance Condition is deleted and replaced
by the following:

4. Other Insurance
b. Excess Insurance
This insurance is excess over any
other insurance naming the additional
insured as an insured whether
primary, excess, contingent or on any
other basis unless the written contract
or agreement described in A. above
specifically requires that this
insurance be provided on either a
primary basis or a primary and
noncontributory basis.

COMMERCIAL GENERAL LIABILITY
AH CG 8623 09 17

AH CG 8623 09 17
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 1 of 6 ends

PREMIER GENERAL LIABILITY COVERAGE

EXTENSION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

A. REASONABLE FORCE
Paragraph 2.a. Expected or Intended Injury
under COVERAGE A — BODILY INJURY AND
PROPERTY DAMAGE LIABILITY of SECTION I
— COVERAGES within the COMMERCIAL
GENERAL LIABILITY COVERAGE FORM is
replaced by:
a. Expected or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the in-
sured. This exclusion does not apply to "bodi-
ly injury" or "property damage" resulting from
the use of reasonable force to protect any
person or property.

B. CONTRACTUAL LIABILITY
Paragraph 2.b. Contractual Liability under
COVERAGE A — BODILY INJURY AND
PROPERTY DAMAGE LIABILITY of SECTION I
— COVERAGES within the COMMERCIAL
GENERAL LIABILITY COVERAGE FORM is
replaced by:
b. Contractual Liability
"Bodily injury" or "property damage" for which
the insured is obligated to pay damages by
reason of the assumption of liability in a con-
tract or agreement. This exclusion does not
apply to liability for damages:
(1) That the insured would have had in the
absence of the contract or agreement; or
(2) Assumed in a contract or agreement that
is an "insured contract", provided the
"bodily injury" or "property damage" oc-
curs subsequent to the execution of the
contract or agreement.

C. NON OWNED WATERCRAFT
Paragraph 2.g.(2) in the Aircraft, Auto Or Wa-
tercraft exclusion under COVERAGE A —

BODILY INJURY AND PROPERTY DAMAGE
LIABILITY of SECTION I — COVERAGES within
the COMMERCIAL GENERAL LIABILITY COV-
ERAGE FORM is replaced by:
(2) A watercraft you do not own that is:
(a) less than 75 feet long; and
(b) Not being used to carry persons or prop-
erty for a charge.

D. ELECTRONIC DATA LIABILITY

1. Paragraph 2.p. Electronic Data under COV-
ERAGE A — BODILY INJURY AND PROP-
ERTY DAMAGE LIABILITY of SECTION I —
COVERAGES within the COMMERCIAL
GENERAL LIABILITY COVERAGE FORM is
replaced by:
p. Electronic Data
Damages arising out of the loss of, loss of
use of, damage to, corruption of, inability
to access, or inability to manipulate "elec-
tronic data" that does not result from
physical injury to tangible property.

However, this exclusion does not apply to
liability for damages because of "bodily
injury".

2. The following definition is added to SEC-
TION V — DEFINITIONS:
"Electronic data" means information, facts or
programs stored as or on, created or used on,
or transmitted to or from computer software,
including systems and applications software,
hard or floppy disks, CD-ROMs, tapes, drives,
cells, data processing devices or any other
media which are used with electronically con-
trolled equipment.

3. For purposes of the coverage provided for
"Electronic Data", Paragraph 17. in SEC-
TION V — DEFINITIONS is replaced by:

17. "Property damage" means:
a. Physical injury to tangible property,
including all resulting loss of use of
that property. All such loss of use
shall be deemed to occur at the time
of the physical injury that caused it; or

Page 2 of 6 ends

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AH CG 8623 09 17

b. Loss of use of tangible property that
is not physically injured. All such loss
of use shall be deemed to occur at
the time of the "occurrence" that
caused it; or
c. Loss of, loss of use of, damage to,
corruption of, inability to access, or
inability to properly manipulate "elec-
tronic data", resulting from physical
injury to tangible property. All such
loss of "electronic data" shall be
deemed to occur at the time of the
"occurrence" that caused it.

For purposes of this insurance, "electron-
ic data" is not tangible property.

E. DAMAGE TO PREMISES RENTED TO YOU

1. The last paragraph after the listed exclusions
under COVERAGE A — BODILY INJURY
AND PROPERTY DAMAGE LIABILITY of
SECTION I — COVERAGES within the

COMMERCIAL GENERAL LIABILITY COV-
ERAGE FORM is replaced by:

Exclusions c. through n. do not apply to
"property damage" by fire; smoke from a
"hostile fire"; explosion; lightning; smoke re-
sulting from such explosion or lightning; colli-
sion by "mobile equipment" or leakage from
fire protection systems to premises while
rented to you or temporarily occupied by you
with permission of the owner. A separate limit
of insurance applies to this coverage as de-
scribed in SECTION III — LIMITS OF IN-
SURANCE.

2. Paragraph 6. of SECTION III — LIMITS OF
INSURANCE within the COMMERCIAL
GENERAL LIABLITY COVERAGE FORM is
replaced by:

6. Subject to Paragraph 5. above, the Dam-
age To Premises Rented To You Limit is
the most we will pay in any one event un-
der COVERAGE A — BODILY INJURY

AND PROPERTY DAMAGE LIABLITY
for damages because of "property dam-
age" from fire; smoke from a "hostile fire";
explosion; lightning; smoke resulting from
such explosion or lightning; collision by
"mobile equipment" or leakage from fire
protection systems to premises while
rented to you or temporarily occupied by
you with permission of the owner.

F. MEDICAL PAYMENTS
Paragraph 1.a. under COVERAGE C —
MEDICAL PAYMENTS of SECTION I — COV-
ERAGES within the COMMERCIAL GENERAL
LIABILITY COVERAGE FORM is replaced by:
a. We will pay medical expenses as described
below for "bodily injury" caused by an acci-
dent:
(1) On premises you own or rent;
(2) On ways next to premises you own or
rent; or
(3) Because of your operations:
provided that:
(a) The accident takes place in the "cov-
erage territory" and during the policy
period;
(b) The expenses are incurred and re-
ported to us within three years of the
date of the accident; and
(c) The injured person submits to exami-
nation, at our expense, by physicians
of our choice as often as we reason-
able require.

G. SUPPLEMENTARY PAYMENTS
SUPPLEMENTARY PAYMENTS — COVERAG-
ES A AND B of SECTION I – COVERAGES
within the COMMERCIAL GENERAL LIABILITY
COVERAGE FORM is replaced by:

SUPPLEMENTARY PAYMENTS – COVERAG-

ES A AND B

1. We will pay, with respect to any claim we
investigate or settle, or any "suit" against an
insured we defend:
a. All expenses we incur.
b. Up to $5,000 for cost of bail bonds re-
quired because of accidents or traffic law
violations arising out of the use of any
vehicle to which the Bodily Injury Liability
Coverage applies. We do not have to fur-
nish these bonds.
c. The cost of bonds to release attach-
ments, but only for bond amounts within
the applicable limit of insurance. We do
have to furnish these bonds.
d. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
"suit", including actual loss of earnings up
to $500 a day because of time off from
work.
e. All costs taxed against the insured in any
"suit".
f. Prejudgment interest awarded against the
insured on that part of the judgment we
pay. If we make an offer to pay the appli-
cable limit of insurance, we will not pay
any prejudgment interest based on that
period of time after the offer.

AH CG 8623 09 17

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 3 of 6 ends

g. All interest on the full amount of any
judgment that accrues after entry of the
judgment and before we have paid, of-
fered to pay, or deposited in court the part
of the judgment that is within the applica-
ble limit of insurance.

These payments will not reduce the limits of
insurance.

2. If we defend an insured against a "suit" and an
indemnitee of the insured is also named as a
party to the "suit", we will defend that indem-
nitee if all of the following conditions are met:
a. The "suit" against the indemnitee seeks
damages for which the insured has as-
sumed the liability of the indemnitee in a
contract or agreement that is an "insured
contract";
b. This insurance applies to such liability as-
sumed by the insured;
c. The obligation to defend, or the cost of
the defense of, that indemnitee, has also
been assumed by the insured in the same
"insured contract";
d. The allegations in the "suit" and the in-
formation we know about the "occur-
rence" are such that no conflict appears
to exist between the interests of the in-
sured and the interests of the indemnitee;
e. The indemnitee and the insured ask us to
conduct and control the defense of that in-
demnitee against such "suit" and agree that
we can assign the same counsel to defend
the insured and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investi-
gation, settlement or defense of
the "suit";
(b) Immediately send us copies of
any demands, notices, sum-
monses or legal papers received
in connection with the "suit";
(c) Notify any other insurer whose
coverage is available to the in-
demnitee; and
(d) Cooperate with us with respect
to coordinating other applicable
insurance available to the in-
demnitee; and
(2) Provides us with written authoriza-
tion to:
(a) Obtain records and other infor-
mation related to the "suit"; and
(b)Conduct and control the defense
of the indemnitee in such "suit".

Our obligation to defend an insured's indem-
nitee and to pay for attorneys' fees and nec-
essary litigation expenses as Supplementary
Payments ends when we have used up the
applicable limit of insurance in the payment of
judgments or settlements or the conditions set
forth above, or the terms of the agreement
described in Paragraph f. above, are no long-
er met.

H. FELLOW EMPLOYEE COVERAGE —

SUPERVISOR OR HIGHER
Paragraph 2.a.(1) of SECTION II — WHO IS AN
INSURED within the COMMERCIAL GENERAL
LIABILITY COVERAGE FORM does not apply to
the following:

Your supervisory or management "employees" for
"bodily injury" only.

Damages owed to an injured co-"employee" or
"volunteer worker" will be reduced by any amount
paid or available to the injured co-"employee" or
"volunteer worker" under any other valid and
collectible insurance.

I. NEWLY ACQUlRED ORGANIZATIONS
Paragraph 3.a. of SECTION II — WHO IS AN
INSURED within the COMMERCIAL GENERAL
LIABILITY COVERAGE FORM is replaced by:
a. Coverage under this provision is afforded only
until the end of the current policy period.

J. BROAD FORM NAMED INSURED
The following is added to SECTION II — WHO IS
AN INSURED within the COMMERCIAL GEN-
ERAL LIABILITY COVERAGE FORM:

Throughout this policy the words "you" and "your"
refer to any corporation or other business organi-
zation, other than a joint venture, in which the first
Named Insured has or acquires during the policy
period an ownership interest of more than 50%
and is subject to the management control of the
first Named Insured or its subsidiaries, and which
is domiciled within the United States of America
or its territories or possessions.

K. AMENDMENT OF AGGREGATE LIMIT OF

INSURANCE
The General Aggregate Limit Of Insurance refer-
enced in Paragraph 2. of SECTION III — LIMITS
OF INSURANCE within the COMMERCIAL

GENERAL LIABILITY COVERAGE FORM
applies separately to:

1. Each of your "locations" owned by or rented
to you; and

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AH CG 8623 09 17

2. Each of your projects away from premises
owned by or rented to you.
"Location" means premises involving the same or
connecting lots, or premises whose connection is
interrupted only by a street, roadway, waterway or
right-of-way of a railroad.

L. KNOWLEDGE OF OCCURRENCE
The following is added to Paragraph 2. Duties In
The Event Of Occurrence, Offense, Claim Or
Suit of SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS within the COMMERCIAL
GENERAL LIABILITY COVERAGE FORM:

Knowledge of an "occurrence", offense, claim or
"suit" by your agent, servant or "employee" shall
not be considered knowledge by you unless you,
your insurance manager or any other person you
designate has received notice of the "occur-
rence", offense, claim or "suit" from your agent,
servant, or "employee."
M. OTHER INSURANCE
Paragraph 4.b.(1)(a) in the Other Insurance
condition of SECTION IV — COMMERCIAL
GENERAL LIABILITY CONDITIONS within the

COMMERCIAL GENERAL LIABILITY COVER-
AGE FORM is replaced by:
(a) Any of the other insurance, whether pri-
mary, excess, contingent or on any other
basis:
(i) That is Fire, Extended Coverage,
Builders Risk; Installation Risk or sim-
ilar coverage for "your work";
(ii) That is insurance covering Fire;
smoke from a "hostile fire"; explosion;
lightning; smoke resulting from such
explosion or lightning; collision by
"mobile equipment" or leakage from
fire protection systems for premises
while rented to you or temporarily oc-
cupied by you with permission of the
owner; or
(iii)That is insurance to cover your liability as a
tenant for "property damage" to premises
while rented to you or temporarily occupied
by you with permission of the owner; or
(iv) If the loss arises out of the maintenance or
use of aircraft, "autos", or watercraft to the
extent not subject to Paragraph 2.g. Air-
craft, Auto Or Watercraft under COVER-
AGE A —BODILY INJURY AND PROP-
ERTY DAMAGE LIABILITY of SECTION I
– COVERAGES within the COMMERCIAL

GENERAL LIABILITY COVERAGE
FORM.

N. UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS
The following is added to Paragraph

6. Representations of SECTION IV — COM-

MERCIAL GENERAL LIABILITY CONDITIONS
within the COMMERCIAL GENERAL LIABILITY
COVERAGE FORM:

Any unintentional failure to disclose all exposures
or hazards existing as of the effective date of the
Commercial General Liability Coverage Form or
at any time during the policy period will not invali-
date or adversely affect the coverage for such
exposure or hazard. However, you must report
the undisclosed exposure or hazard to us as soon
as reasonably possible after the exposure or
hazard is discovered.

O. WAIVER OF SUBROGATION
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS within the COMMER-
CIAL GENERAL LIABILITY COVERAGE FORM:

This condition does not apply to any person or
organization to which you waived this condition by
written contract or agreement, but only to the
extent that subrogation is waived prior to the
"bodily injury" or "property damage" under a
contract with that person or organization.

P. LIMITED WORLDWIDE LIABILITY COVERAGE
The following is added to SECTION IV — CON-
DITIONS within the COMMERCIAL GENERAL
LIABILITY COVERAGE FORM:

AH CG 8623 09 17

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Page 5 of 6 ends

Expanded Coverage Territory

1. If a "suit" is brought in a part of the "coverage
territory" that is outside the United States of
America (including its territories and posses-
sions), Puerto Rico or Canada, and we are
prevented by law, or otherwise, from defend-
ing the insured, the insured will initiate a de-
fense of the "suit". We will reimburse the in-
sured, under Supplementary Payments, for
any reasonable and necessary expenses in-
curred for the defense of a "suit" seeking
damages to which this insurance applies, that
we would have paid had we been able to ex-
ercise our right and duty to defend.

If the insured becomes legally obligated to
pay sums because of damages to which this
insurance applies in a part of the "coverage
territory" that is outside the United States of
America (including its territories and posses-
sions), Puerto Rico or Canada, and we are
prevented by law, or otherwise, from paying
such sums on the insured's behalf, we will re-
imburse the insured for such sums.

2. All payments or reimbursements we make for
damages because of judgments or settle-
ments will be made in U.S. currency at the
prevailing exchange rate at the time the in-
sured became legally obligated to pay such
sums. All payments or reimbursements we
make for expenses under Supplementary
Payments will be made in U.S. currency at
the prevailing exchange rate at the time the
expenses were incurred.

3. Any disputes between you and us as to
whether there is coverage under this policy
must be filed in the courts of the United
States of America (including its territories and
possessions), Puerto Rico or Canada.

4. The insured must fully maintain any coverage
required by law, regulation or other governmen-
tal authority during the policy period, except for
reduction of the aggregate limits due to pay-
ments of claims, judgments or settlements.

Failure to maintain such coverage required by
law, regulation or other governmental authori-
ty will not invalidate this insurance. However,
this insurance will apply as if the required
coverage by law, regulation or other govern-
mental authority was in full effect.

For purposes of this coverage only, the following
is added to Paragraph 4.b.(1)(a) under Other
Insurance of SECTION IV — COMMERCIAL
GENERAL LIABILITY CONDITIONS within the

COMMERCIAL GENERAL LIABILITY COVER-
AGE FORM:

If the insured's liability to pay damages is deter-
mined in a "suit" brought outside the United
States of America (including its territories and
possessions), Puerto Rico or Canada; or
That is coverage required by law, regulation or
other governmental authority in a part of the
"coverage territory" that is outside the United
States of America (including its territories and
possessions), Puerto Rico or Canada.

For purposes of this coverage only, Paragraph 4.
of SECTION V — DEFINITIONS within the

COMMERCIAL GENERAL LIABILITY COVER-
AGE FORM is replaced by:

4. "Coverage territory" means anywhere in the
world with the exception of any country or ju-
risdiction which is subject to trade or other
economic sanction or embargo by the United
States of America.

Q. BODILY INJURY REDEFINITION
Paragraph 3. of SECTION V — DEFINITIONS
within the COMMERCIAL GENERAL LIABILITY
COVERAGE FORM is replaced by:

3. "Bodily injury" means bodily injury, sickness
or disease sustained by a person, including
mental anguish, injury or illness or emotional
distress and/or death resulting from any of
these at any time.

R. INSURED CONTRACT — LEASE OF PREMISES
Paragraph 9.a. of SECTION V — DEFINITIONS
within the COMMERCIAL GENERAL LIABILITY
COVERAGE FORM is replaced by:
a. A contract for lease of premises. However,
that portion of the contract for a lease of
premises that indemnifies any person or or-
ganization for "property damage" by fire;
smoke from a "hostile fire", explosion; light-
ning; smoke resulting from such explosion or
lightning; collision by "mobile equipment" or
leakage from fire protection systems to prem-
ises while rented to you or temporarily occu-
pied by you with permission of the owner is
not an "insured contract".

S. LIBERALIZATION
If we revise this endorsement to provide more
coverage without additional premium charge, your
policy will automatically provide the coverage as
of the day the revision is effective in your state.

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AH CG 8623 09 17

T. GOOD SAMARITAN SERVICES

1. Under SECTION II — WHO IS AN INSURED,
paragraph 2.a.(1)(d), the following is added:

This exclusion does not apply to your "em-
ployees" or "volunteer workers", other than an
employed or volunteer physician, rendering
"Good Samaritan services".

2. The following definition is added to SECTION
V — DEFINITIONS:
"Good Samaritan services" means any emer-
gency medical services for which no compen-
sation is demanded or received.

All other terms and conditions of this policy remain
unchanged.

COMMERCIAL AUTO
AH CA 85 90 09 17

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

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CHANGES IN COMMERCIAL AUTO COVERAGE FORM

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

A. BROADENED WHO IS AN INSURED
Paragraph A.1. Who Is an Insured of SECTION II
— LIABILITY COVERAGE is amended to include
the following:
d. Any "employee" of yours is an "insured"
while using a covered "auto" you don't
own, hire or borrow in your business or
your personal affairs.
e. Any "employee" of yours is an "insured"
while using an "auto" hired or rented under
a contract or agreement in that "employ-
ee's" name, with your permission, while
performing duties related to the conduct of
your business.
f. Each person or Organization to whom you
are required by a written contract or
agreement to provide additional insured
status is an "insured" under Liability Cov-
erage, but only to the extent that person or
organization qualifies as an "insured" un-
der the Who is an Insured Provision con-
tained in Section II of the coverage form.

The written contract or agreement must be
in effect during the policy period shown in
the Declarations and must have been exe-
cuted prior to the "bodily injury" or "proper-
ty damage."
B. LIABILITY COVERAGE EXTENSIONS SUPPLE-

MENTARY PAYMENTS
Paragraphs A.2.a. (2) and A.2.a. (4) Coverage
Extensions — Supplementary Payments of
SECTION II — LIABILITY COVERAGE are deleted
and replaced with the following:
(2) Up to $5,000 for the cost of bail bonds
(including bonds for related traffic law
violations) required because of an "ac-
cident" we cover. We do not have to
furnish these bonds.
(4) All reasonable expenses incurred by
the "insured" at our request, including
actual loss of earnings up to $500 a
day because of time off from work.

C. FELLOW EMPLOYEE COVERAGE
Paragraph B.5. Fellow EmployeeExclusion con-
tained in SECTION II — LIABILITY COVERAGE
does not apply if the "bodily injury" results from the
use of a covered "auto" you own or hire that is not
a bus, motorcycle or van used to transport em-
ployees.

This Fellow Employee Coverage is excess over any
other collectible insurance.

D. POLLUTION LIABILITY — BROADENED COV-

ERAGE FOR COVERED AUTOS

1. Liability Coverage is changed as follows:
a. Paragraph B.11.a. of the Pollution Exclu-
sion in SECTION II — LIABILITY COV-
ERAGE applies only to liability assumed
under a contract or agreement.
b. With respect to the coverage afforded by
Paragraph 1.a. Above, Exclusion B.6.

Care, Custody or Control of SECTION II
—
LIABILITY does not apply.

2. Changes in Definitions
For the purposes of this endorsement, Para-
graph D. of SECTION V — DEFINITIONS is
replaced by the following:

D. "Covered pollution cost or expense" means
any cost or expense arising out of:

1. Any request, demand, order or statuto-
ry or regulatory requirement that any
"insured" or others test for, monitor,
clean up, remove, contain, treat, de-
toxify or neutralize, or in any way re-
spond to, or assess the effects of "pol-
lutants"; or

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AH CA 85 90 09 17

2. Any claim or "suit" by or on behalf of a
governmental authority for damages be-
cause of testing for, monitoring, cleaning
up, removing, containing, treating, detoxify-
ing or neutralizing, or in any way respond-
ing to or assessing the effects of "pollu-
tants".
"Covered pollution cost or expense" does not
include any cost or expense arising out of the
actual, alleged or threatened discharge, dis-
persal, seepage, migration, release or escape
of "pollutants":
a. Before the "pollutants" or any property
in which the "pollutants" are contained
are moved from the place where they
are accepted by the "insured" for
movement into or onto the covered
"auto"; or
b. After the "pollutants" or any property in
which the "pollutants" are contained
are moved from the covered "auto" to
the place where they are finally deliv-
ered, disposed of or abandoned by the
"insured".

Paragraphs a. and b. above do not apply
to "accidents" that occur away from prem-
ises owned by or rented to an "insured"
with respect to "pollutants" not in or upon
a covered "auto" if:
(1) The "pollutants" or any property in
which the "pollutants" are con-
tained are upset, overturned or
damaged as a result of the
maintenance or use of a covered
"auto"; and
(2) The discharge, dispersal, seep-
age, migration, release or escape
of the "pollutants" is caused di-
rectly by such upset, overturn or
damage.

This Pollution Liability Coverage is subject to an
Annual Aggregate Limit of Liability of $100,000.

E. NEWLY ACQUIRED OR FORMED

ORGANIZATIONS
Throughout this policy, the words you and your al-
so refer to any organization you newly acquire or
form, other than a partnership, joint venture or lim-
ited liability company, and over which you maintain
ownership or majority interest, but only if there is
no similar insurance available to that organization.

However:

1. The coverage does not apply to an "accident"
which occurred before you acquired or formed
the organization.

2. Unless you notify us to add coverage to your
policy, the coverage under this provision is af-
forded only until:
a. The 120th day after you acquire or form the
organization, or
b. The end of the policy period, whichever is
earlier.

F. EXTENDED TOWING
Paragraph A.2. Towing of SECTION III — PHYS-
ICAL DAMAGE COVERAGE is deleted and re-
placed with the following:

We will pay for towing and labor costs each time a
covered "auto" is disabled. All labor must be per-
formed at the place of disablement. If the "auto" is
of the private passenger type, there will be no de-
ductible. If the "auto" is other than a private pas-
senger type, a $100 deductible will apply.

The most we will pay under this EXTENDED TOW-
ING coverage is $750 per occurrence.

G. PHYSICAL DAMAGE COVERAGE

EXTENSIONS
Paragraph A.4. — Coverage Extensions of SEC-
TION III — PHYSICAL DAMAGE COVERAGE is
amended as follows:
a. Transportation Expenses
The amount we will pay for temporary
transportation expense is increased to $50
per day to a maximum of $3,000.
b. Loss of Use Expenses
The amount we will pay for loss of use is
increased to $75 per day and to a maxi-
mum limit of $1,000.

H. RENTAL REIMBURSEMENT

1. This coverage applies only to a covered "auto"
described or designated in the Schedule or in
the Declarations as carrying physical damage
coverage.

2. We will pay for rental reimbursement expenses
incurred by you for the rental of an "auto" be-
cause of "loss" to a covered "auto". Payment
applies in addition to the otherwise applicable
amount of coverage you have on each covered
"auto".

3. We will pay only for those expenses incurred
during the policy period beginning 24 hours af-
ter the "loss" and ending, regardless of the pol-
icy's expiration, with the lesser of the following
number of days:

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a. The number of days reasonably required to
repair or replace the covered "auto". If
"loss" is caused by theft, this number of
days is added to the number of days it
takes to locate the covered "auto" and re-
turn it to you; or
b. 30 days.

4. Our payment is limited to the lesser of the fol-
lowing amounts:
a. Necessary and actual expenses incurred;
or
b. $50 per day

5. This coverage does not apply while there are
spare or reserve "autos" available to you for
your operations.

6. If "loss" results from the total theft of a covered
"auto" of the private passenger type, we will
pay under this coverage only that amount of
your rental reimbursement expenses which is
not already provided for under the paragraph
A.4. Coverage Extensions in SECTION III —
PHYSICAL DAMAGE COVERAGE.

No Deductible applies to this coverage.

I. AIRBAG COVERAGE
Exclusion B.3. in SECTION III — PHYSICAL
DAMAGE COVERAGE is amended to add:

This exclusion does not apply to the accidental
discharge of an airbag.

J. AUDIO, VISUAL AND DATA ELECTRONIC

EQUIPMENT

1. Coverage
a. We will pay with respect to a covered "au-
to" described in the Schedule for "loss" to
any electronic equipment that receives or
transmits audio, visual or data signals and
that is not designed solely for the repro-
duction of sound. This coverage applies
only if the equipment is permanently in-
stalled in the covered "auto" at the time of
the "loss" or the equipment is removable
from a housing unit which is permanently
installed in the covered "auto" at the time
of the "loss", and such equipment is de-
signed to be solely operated by use of the
power from the "auto's" electrical system,
in or upon the covered "auto".
b. We will pay with respect to a covered "au-
to" described in the Schedule for "loss" to
any accessories used with the electronic
equipment described in Paragraph 1.a.
above. However, this does not include
tapes, records or discs.

2. Exclusions
The exclusions that apply to SECTION III —
PHYSICAL DAMAGE, except for the exclusion
relating to Audio, Visual and Data Electronic
Equipment, also apply to coverage provided by
this endorsement. In addition, the following ex-
clusions apply:

We will not pay, under this endorsement, for
either any electronic equipment or accessories
used with such electronic equipment that is:
a. Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system; or
b. Both:
(1). An integral part of the same unit hous-
ing any sound reproducing equipment
designed solely for the reproduction of
sound if the sound reproducing equip-
ment is permanently installed in the
covered "auto"; and
(2). Permanently installed in the opening of
the dash or console normally used by
the manufacturer for the installation of
a radio.

3. Limit Of Insurance
With respect to coverage under this endorse-
ment, the Limit Of Insuranceprovision of
SECTION III — PHYSICAL DAMAGE COV-
ERAGE is replaced by the following:
a. The most we will pay for all "loss" to audio,
visual or data electronic equipment and
any accessories used with this equipment
as a result of any one "accident" is the
lesser of:
(1). The actual cash value of the damaged
or stolen property as of the time of the
"loss";
(2). The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality; or
(3). $1,500.
b. An adjustment for depreciation and physi-
cal condition will be made in determining
actual cash value at the time of the "loss".
c. If a repair or replacement results in better
than like kind or quality, we will not pay for
the amount of betterment.

4. Deductible
No deductible applies to this coverage.

The insurance provided by this extension is excess
over any other collectible insurance.

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AH CA 85 90 09 17

K. TAPES, RECORDS AND DISCS COVERAGE
Exclusion B.4.a. of SECTION III — PHYSICAL
DAMAGE COVERAGE is deleted and replaced by
the following:
a. Tapes, records, discs or other similar au-
dio, visual or data electronic devices de-
signed for use with audio, visual or data
electronic equipment except when the
tapes, records, discs or other similar au-
dio, visual or data electronic devices:
(1) Are your property or that of a family
member, and
(2) Are in a covered "auto" at the time of
"loss".
(a). The most we will pay for "loss" is
$200. No Physical Damage Cov-
erage deductible applies to this
coverage.

This extension provides coverage only to a covered
"auto".

L. PHYSICAL DAMAGE DEDUCTIBLE — SINGLE

DEDUCTIBLE AND GLASS REPAIR
Paragraph D. Deductible in SECTION III —
PHYSICAL DAMAGE COVERAGE is deleted and
replaced by the following:

D. Deductible
For each covered "auto," our obligation to pay
for, repair, return or replace damaged or stolen
property will be reduced by the applicable de-
ductible shown in the Declarations. Any Com-
prehensive Coverage deductible shown in the
Declarations does not apply to "loss" caused
by fire or lightning.

When two or more covered "autos" sustain
"loss" in the same occurrence, the total of all
the "loss" for all the involved covered "autos"
will be reduced by a single deductible, which
will be the largest of all the deductibles apply-
ing to all such covered "autos."
No deductible applies to glass damage if the
glass is repaired rather than replaced.

M. PERSONAL EFFECTS COVERAGE

1. If you purchase Comprehensive Coverage on
this policy for a stolen owned "auto", we will
pay up to $600 for "personal effects" stolen
with the "auto".

2. "Personal effects" as used in this extension
means tangible property that is worn or carried
by the "insured". "Personal effects" does not
include tools, jewelry, money, securities, radar
or laser detectors, or tapes, records, discs or
similar audio, visual or data electronic equip-
ment.

No Deductible applies to this extension.

The insurance provided by this extension is excess
over any other collectible insurance.

N. LOAN/LEASE PAYOFF COVERAGE
The SECTION III — PHYSICAL DAMAGE COV-
ERAGE is amended by the addition of the follow-
ing:

In the event of a total "loss" to a covered "auto"
shown in the Declarations, we will pay any unpaid
amount due on the lease or loan for a covered "au-
to", less:

1. The amount paid under the Physical Damage
Coverage Section of the policy; and

2. Any:
a. Overdue lease/loan payments at the time
of the "loss";
b. Financial penalties imposed under a lease
for excessive use, abnormal wear and tear
or high mileage.
c. Security deposits not returned by the les-
sor;
d. Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or
lease; and
e. Carry-over balances from previous loans or
leases.

O. CUSTOM SIGNS AND DECORATIONS
In the event of a total loss to a vehicle insured for
auto physical damage coverage on this policy, in
addition to the ACV of the vehicle, we will pay the
actual cost to repair or replace signage or custom
paint details up to $5,000.

P. HIRED AUTO PHYSICAL DAMAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Physical Damage Coverage of
Comprehensive, Specified Causes of Loss, or Col-
lision are provided under this Coverage Form for
any "auto" you own, then the Physical Damage
Coverage's provided are extended to "autos" you
hire of like kind and use subject to the following
limit:

The most we will pay for any one loss is the lesser
of the following:

1. $50,000 per accident,

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Page 5 of 6 ends

2. Actual Cash Value, or

3. The cost of repair.

The deductible will be equal to the largest deducti-
ble applicable to any owned "auto" for that cover-
age. No deductible applies to "loss" caused by fire
or lightning. This Hired Auto Physical Damage cov-
erage is excess over any other collectible insur-
ance. Subject to the above limit, deductible and
excess provisions, we will provide coverage equal
to the broadest coverage applicable to any covered
"auto" you own.

Q. DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT

OR LOSS
Subparagraphs A.2.a. of SECTION IV — BUSI-
NESS AUTO CONDITIONS is deleted and re-
placed by:
a. In the event of "accident", claim, "suit" or
"loss", you, your insurance manager or any
other person you designate must give us or our
authorized representative prompt notice of
such "accident" or "loss". Include:
(1) How, when and where the "accident" or
"loss" occurred;
(2) The "insured's" name and address; and
(3) To the extent possible, the names and ad-
dresses of any injured persons and wit-
nesses.

Knowledge of an "accident" or "loss" by your
agent, servant or "employee" shall not be consid-
ered knowledge by you unless you, your insurance
manager or any other person you designate has
received notice of the "accident" or "loss" from your
agent, servant, or "employee."
R. WAIVER OF SUBROGATION
SECTION IV — BUSINESS AUTO CONDI-
TIONS— A. 5. Transfer of Rights of Recovery
Against Others to Us is amended as follows:

This condition does not apply to any person or or-
ganization to which you waived this condition by
written contract or agreement, but only to the ex-
tent that subrogation is waived prior to the "acci-
dent" or "loss" under a contract with that person or
organization.

S. UNINTENTIONAL FAILURE TO DISCLOSE HAZ-
ARDS
Paragraph B.2. Concealment, Misrepresentation
Or Fraudin SECTION IV — BUSINESS AUTO
CONDITIONS is amended by adding the following:

Any unintentional failure to disclose all exposures
or hazards existing as of the effective date of the
Business Auto Coverage Form or at any time dur-
ing the policy period will not invalidate or adversely
affect the coverage for such exposure or hazard.

However, you must report the undisclosed expo-
sure or hazard to us as soon as reasonably possi-
ble after its discovery.

T. EXTENDED EMPLOYEE HIRED AUTO PHYSICAL
DAMAGE
Paragraph B.5.b. Other Insuranceof SECTION IV
— BUSINESS AUTO CONDITIONS is deleted and
replaced by the following:
b. For Hired Auto Physical Damage Cover-
age, the following are deemed to be cov-
ered "autos" you own:

1. Any covered "auto" you lease, hire,
rent or borrow; and

2. Any covered "auto" hired or rented by
your "employee" under a contract in
that individual "employee's" name, with
your permission, while performing du-
ties related to the conduct of your
business.

However, any "auto" that is leased, hired, rented or
borrowed with a driver is not a covered "auto".

U. POLICY PERIOD, COVERAGE TERRITORY
Paragraph B.7. Policy Period, Coverage Territo-
ry of SECTION IV — BUSINESS AUTO CONDI-
TIONS is deleted and replaced by:

7. Policy Period, Coverage Territory
Under this Coverage Form, we cover "acci-
dents" and "losses" occurring:
a. During the policy period shown in the Dec-
larations; and
b. Within the coverage territory.

The coverage territory is:
a. The United States of America;
b. The territories and possessions of the
United States of America;
c. Puerto Rico;
d. Canada; and
e. Anywhere in the world if:
(1) A covered "auto" is leased, hired,
rented or borrowed for a period of 30
days or less; and

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AH CA 85 90 09 17

(2) The "insured's" responsibility to pay
damages is determined in a "suit" on
the merits, in the United States of
America, the territories and posses-
sions of the United States of America,
Puerto Rico, or Canada or in a settle-
ment we agree to.

We also cover "loss" to, or "accidents" involving, a
covered "auto" while being transported between
any of these places.

V. DEFINITION OF BODILY INJURY AMENDED
Paragraph C. of SECTION V — DEFINITIONS is
amended to include:
"Bodily Injury" includes mental anguish or other
mental injury resulting from "bodily injury." Howev-
er, no coverage is provided for mental anguish or
mental injury absent physical injury.

None of the extensions provided under this cover-
age endorsement apply if coverage is more specifi-
cally identified elsewhere in the policy or endorse-
ments, for which a premium charge is made or a
higher limit is identified. Under no circumstances is
any limit provided under this extension to be com-
bined with a limit provided elsewhere in the policy
or endorsements.


     
    
   

 

  





                   

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