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HomeMy WebLinkAbout5649A CERTIFICATE OF LIABILITY INSURANCE S449D /DD 4/22//22/2001717 THIS CERTIFICATEIS 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- OLDERIMPORTANT: 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). PRODUCER BELL ANDERSON AGENCY INC/PHS CONTACT NAME: PHONE FAX (AIC, No, Ext): 810142 P: F: EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE 05/16/2017 05/16/2018 --.,"'MED INSURERA: Sentinel Ins CO LTD INSURED INSURER B: 2017 X INSURER C: BREMERTON CHAMBER OF COMMERCE INSURER D:s ItYOfSrem rtort 286 4TH ST INSURER E: 'Onagelnent BREMERTON WA .98337 INSURER F: GUVEKAGES . CERTIFICATE NUMBER: 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. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED TYPE OF VSURANCE ADD SUB OLCYN'UM POLICYEFF POLICYF_%TLTR LrMTS A BREMERTON, WA 98337 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE C_1 OCCUR General Liab 52 SSA IL7842 05/16/2017 05/16/2018 --.,"'MED EACH OCCURRENCE s2,000,000% .X GEN'L DAMAGE TO SES Ea oNTED 1,000,000 Pccurrence) $1,000,000 X EXP (Anyone person) $10,000 . PERSONAL & ADV INJURY s2, 000,000 AGGREGATE LIMIT A(�P'-P-L�IES PER: POLICY ❑ JECT L__I LOC OTHER: GENERAL AGGREGATE s4, O.O O , 000 PRODUCTS - COMP/OP AGG A , 000, 000 $ A AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY 52 SBA IL7842 05/16/2017 05/16/2018' COMBINED SINGLE LIMIT (Ea accident) s2,000,000 BODILY INJURY (Per person) $ ODILYINJURY(Peraccident ) $ PROPERTY DAMAGE (Per accident) $ S UMBRELLA LIAB EXCESS LIAO OCCUR CLAIMS -MADE EACH OCCURRENCE $ . AGGREGATE $ DE RETENTION $ $ WORKERS COMPENSATION ANDEMPLOYERS'LMBIMT ANY PROPRIETOR/PARTNER/EXECUTIVEr/N OFFICER/MEMBEREXCLUDED? (Mandatoryin NH) ❑ If yes, describe under DESCRIPTION OF OPERATIONS below Nn - PER 0TH- STATUTE JER E.L EACH ACCIDENT $ - - E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICPWRD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Re: Lodging Tax Grant. Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy_ CERTIFICATE HOLDER rANCF1 I ATION 0 n ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. C i t y of Bremerton AUTHORIZED REPRESENTATIVE 345 6TH ST STE 600 BREMERTON, WA 98337 0 n ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD BELL ANDERSON AGENCY INC/PHS MB 01 006057 34354 B 28 A III III I.I.I.IIpIIIN-I1l.�...1�.�.i�l..�.�l.�li�l City of. Bremerton 345 6TH ST STE 600 BREMERTON WA 98337-1873 1 ACORD 25 (2016/03) BUSINESS LIABILITY COVERAGE FORM. Form SS 00 08 04 05 QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension - Supplementary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To, Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 r_— cc nn no nw ne BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to•determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured. Other words and phrases that appear in quotation marks have special -meaning; Refer to Section G. -Liability And Medical Expenses, Definitions. & COVERAGES 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL . AND ADVERTISING INJURY) Insuring Agreement a.. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit' seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily , injury", "property damage" or "personal and advertising injury" to which this insurance does not -apply. We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result. But (1) The amount we will pay for damages is limited as described in Section D. - Liability And, Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension = Supplementary Payments. b. This insurance applies: (1) To "bodily injury" and "property damage" only if: C. (a) The "bodily, injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory' (b) The "bodily injury" or "property damage", occurs during the policy period; and. (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. - Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation;, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in . the "coverage territory" during the policy period. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest. time when any insured listed under Paragraph 1. of Section C. — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury". or "property damage" to us or any.other insurer; Form SS 00 08 64 05 Page 1 of 24 i BUSINESS, LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the "bodily fault. These payments will not exceed the injury" or "property damage"; or „ applicable limit of insurance. We will pay (3) 'Becornes'aware by -any other means that reasonabfe':e. .1 . 1 for: 'bodily injury' or "property damage" has (1) First aid administered at the time of an occurred•or.has.beg6n to occur. .'accident... d. Damages because of "bodily injury" include (2) Necessary medical; surgical,, x-ray -and ;damages claimed by .any person ....,or , dental including prosthetic :.,organization for;'' 'care, . ?lass of services or ..,services,_. devices;t and , " ;death resulting at any time from the "bodily (3) .Necessaryambulance, hospital, injury"' professional nursing and funeral e. AncidentalWedical Malpractice services:' = (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION`= rendering of or failure to render SUPPLEMENTARY PAYMENTS professional ' health j care services as a physician; dentist, nurse, emergency a. We will pay, with respect to :any claim or "suit". "suit" medical technician ! or paramedic shall we, investigate or settle, or any • be deemed, to be caused by an _ ..against an,insured we defend:. . .. -• "occurrence", but only if: 1 O All,,expenses.we incur. -(a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds emergency medical technician or _ required because. of accidents or traffic paramedic is, employed by you to . law violations arising out of the use of provide such services; and any vehicle to which Business Liability : (b) Y66.' are not engaged in the Coverage for "bodily injury" applies. We do not have to furnish these bonds. .business, or occupation of providing ;. . such services. (3) . The cost of -appeal bonds or bonds to (2) For the purpose of determining the release attachments,: but only for bond limits of insurance for incidental medical amounts within the applicable limit of ' ., . malpractice;any act or omission - _, ,. insurance_ We Ao not have to furnish 'bonds. these* . ;•. together... with., all related acts or . omissions in. -the furnishing of these (4) All:reasonable expenses incurred by the services to any ane person will be insured at our.request to assist us in the considered one."occurrence". investigation or defense of the claim or 2. MEDICAL EXPENSES 1 , "suit"_ . including actual loss of earnings up to$500 a day because of time off ,'Insu'ring Agreement from.work. a. We will pay medic expenses as described (5) All ,costs taxed against the insured in below. for "bodily, injury" caused by an the,"suit". .. accident: (6) .Prejudgment interest awarded against (1) On,premises you:own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we. pay. If we make an offer to pay the rent; or applicable limit of- insurance, we will not (3) ' Because of your operations; pay any prejudgment interest based on Q: • . _ i, thpt period of.time•after the offer. provided that:. • , . (7) A{{ interest on -the: -the full amount of any .: (1) .The .accident.. takes place in the judgment;that accrues after entry of the "coverage territory" • and during thejudgment: and before we have paid, policy period;!... offered. -to pay, or -deposited in court the (2) The expenses are' incurred and reported part of -;the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident; and Any amounts:, paid under (1) through (7) (3) The '-injured person submits to above will not reduce the limits of insurance. examination, ` at --our expense, by physicians of our choice as often as we reasonably require. f b. 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 .indemnitee if all of the following conditions are met: (1) The -"suit" against -the indemnitee s seeks damage#or which the insured has, assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2) This insurance applies to such liability assumed by the insured; (3) 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'; (4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests ' of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to'conduct and control the defense. of that indemnitee against such "suit"' and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee: (a) . Agrees in writing to: (i) - Cooperate with us in the investigation, settlement or defense of the "suit'; (ii) Immediately send us copies,of any demands, notices, summonses or legal papers received in connection with' the "suit"; (iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate. with us with respect to coordinating other applicable insurance available to the indemnitee; and (b),;Provides us with written authorization to: = (i) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit". BUSINESS LIABILITY COVERAGE FORM So long as the above conditions are met, r:. attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. — Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation. to defend an insured's indemnitee and to pay for attorneys' fees and -necessary litigation expenses as Supplementary Payments ends when: (1), We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of .the agreement described in Paragraph (6) above, are no longer met. B. EXCLUSIONS " 1.' Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended. Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of 'the insured. This exclusion does not apply to "bodily injury"'or "property damage" resulting from -the use 'of reasonable force to protect persons or property; or (2),. "Personal and advertising injuryarising out of an offense committed by, at the direction of or -with the consent or acquiescence of the, insured with the expectation of inflicting "personal and advertising injury". b. Contractual Liability L` (1) "Bodily injury" or "property damage'; or (2) "Personal and advertising injury" for which the insured is obligated to pay damages. by reason of the assumption of liability in a contract or agreement. This exclusion. does; not apply to liability for damages because of: (a) "Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or r_�.— !.G. .nn -nn nA nG M___ A _L A/ BUSINESS'LIABILITY-COVERAGE FORM (b) ."Bodily injury" or "property damage"(b) ,Performing . duties related to the ,. . • , assumed in a contract or agreement conduct of the:insured's business, or that . is. ,:. an "insured contract", : ' (2) The'spouse; child, parent, brother or provided, 4he "bodily injury" or ' sister of :.,,that -"employee" as a "property .. damage" occurs :. consequence of.(1) above. subsequent toAhe execution of the ::..This exclusion applies: v.. .-contract !'or agreement. Solely for the :purpose of Iiability assumed in ' •(1) Whether the insured may be liable as . an "insured contracf ; reasonable an erriployer or. in any other capacity; . -and' .. .. .... attorneys' ,;fees and necessary .. litigation expenses incurred by or for (2) To any obligation to share damages a party other_ftn an insured are with or repay someone else who must deers ed ,to beAamages because of "pay'dari ages because of the injury. "bodily injury" or "property damage" i This, exclusion does' °not'apply to liability provided: ;. : . assumed by'the insured under an "insured (1) Liability, -to such party for, or for contract" - - -.the cost of, that party's defense f. (Pollution has also been assumed in the . same insured contract ,and(11). " ' " "Bodil "Bodily.. , p. operty damage" or injury",, " r g " - (ii) Suchattorneys' fees and "personal .and advertising injury" r arising out. of. the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense' of that party against a dispute seepage,.,migration, release or escape I ... civil !i`'o'r _alternative of "pollutants' proceeding ! " ` resolution in which •'.I • ' • 'At ao:-:which . this damages � .: (a) . � or from any premises, site or i insurance, applies are.alleged. ' location which is or was at any I - c. Liquor Liability time'..,owned or occupied by, or :. rented -or loaned to any insured. "Bodily injury" or. "property damage" forHowever,* this subparagraph does which any insured •may be .held liable by not .apply to: reason of: (i) "Bodily injury" if sustained within (1) -Causing or contributing to the a•'- building and caused by intoxication of any person; smoke, fumes, vapor or soot . (2) The; furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or ~ equipment that is used to heat, under the influence of alcohol; or k. .cool or dehumidify the building, .,(3). Any statute,! -ordinance or regulation ' or equipment that is used to s .;heat water for personal use, by (..: ., relating to the sale;! gift, distribution or - y • the building'soccupants or their t use of alcoholl*lic. beverages. guests; This exclusion a " ,.; pplies only ff you are in the „ (ii)-, ,Bodily injury' or property ..business of manufacturing, distributing, ! selling.- serving i, or • 4a mishing alcoholic damage" for which you may be beverages:, held liable, if you are a d.. Workers' Compensation 'And Similar contractor and the owner or lessee of such premises, site or Laws location has been added to your Any" obligation of the 'in'sured under a " ' policy as an additional insured ,workers' compensation, disability benefits with respect to your ongoing j or unemployment ` compensation law or 'operations performed for that : a'nysiinildr law: additional insured at that e. Employee's Liability _premises, site or location and "Bodily injury to: such premises, site or location (1)'. An `"emnployee" of the insured arising is not and never was owned or I in the occupied by, or rented or - out of and course of: loaned to, any insured, other (a) Employment by the insured; or than that additional insured; or I I •• n,..... • -8 o.o -... 00 nn no nw ne BUSINESS'LIABILITY COVERAGE FORM (ill) "Bodily injury"= or "property 3,::.:` released • as part of the • damage" arising out of heat, -operations being performed smoke or fumes from a = by such insured, contractor or "hostile fire"; subcontractor;. (b), At or from any premises, site or ' (ii). 'Bodily injury" or "property location which is`. or -was at any ` damage. sustained within a .:,time used by or for any insured ori ,`:.y.: building -and .caused by the others for the, handling, storage, ,, release of gases, fumes or disposal, processing or treatment r ,vapors from materials brought of waste; i into, that, building in connection (c) Which are or were at any time i with. operations being performed transported,' handled, stored,' by you .or on: your behalf by a . treated, disposed of, or processed contractor or subcontractor, or ai. waste by or for = (iii)"'Bodily injury" or "property (i) Any.insured; or -damage" arising out of heat, �(ii) -Any person or organization for' smoke or, .fumes from a - "hostile fire"; or whom. ,you may be legally responsible; (e) At or from any, premises, site or (d) At or from any premises, site or location on which any insured or any location on which any insured or .; . • -, ,contractors, .. or . subcontractors any• contractors or subcontractors i working,,directly or indirectly on any I working directly or indirectly on ' insured's behalf . are performing o erations if the operations are to p any insured's behalf are tes t for; monitor, dean up, remove, performing operations if the contain; treat; detoxify or neutralize, "pollutants" are brought on or to j or in any way respond to, or assess the,. premises, site or location in . the effects of, __"pollutants". connection with• such operations? 6y such 'insured,, contractor or (2), Any. -loss, cost or expense arising out subcontractor However, this; of any: t subparagraph does not apply to: ; (a) Request, demand, order or statutory (i) "Bodily injury" or "property` 1 , or regulatoryrequirement that any I damage" arising out of the, insured or others test for, monitor, escape of fuels, lubricants o( clean ,up; remove, contain, treat, other operating fluids which arel detoxify or neutralize, or in any way needed to perform the normal; ;a., respond.to, or, assess the effects of, electrical, hydraulic or! "pollutants"; or mechanical functions'; (b)• Claim. or suit byor on behalf of a necessary for the operation of ,r ,,. ; :.; ;governmental, authority for "mobile equipment" or its parts, damages ,because of testing for, if such fuels, lubricants or other.' monitoring, cleaning up, removing, operating fluids escape from ai r.. containing, treatirig, detoxifying or vehicle part designed to hold,' neutrafzing; 'or in any way store or receive them. This! _ responding, to, or assessing the exception does not apply if the; ,effects'. of; "pollutants". :"bodily . injury" or "property'i However, this paragraph does not damage" arises out of they apply to* liability for damages because intentional discharge, dispersal! of "property damage" that the insured -or release ..of the fuels;, would ,have.. in the :absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels,' ? regulatory requirement, or such claim lubricants or other operating or "suit" by 'or on behalf of a _ fluids are brought on or to the premises, site or location with' ., � -• governmental authority. the intent that they be - discharged, dispersed or -,': BUSINESS LIABILITY-tCOVERAGE. FORM Aircraft, Auto -Or Watdrcraft - todily:injtkji` or"property dan-tage arising out of the owner'ship, maintenance, use or entrustment `t0 others of any aircraft, "auto" or watercraft owned or operated by, or rented or- loaned to any insured. Use includes operation and "loading or. unloading". T .5T "This exclUskm"- applies 'even if the claims against any -insured allege negligence or othei wr'o'ngdoing ':' in the , supervision, hiring, dmploymOnt.! training or monitoring of others 0 by' tfi.�t-ihs'Lir6d, if the "occurrence" ccurrence" which e -t;- he "bodily injury" or "property d ' damage"",- ,;involved the ownership, maintenance, -use or entrustment to others of _­-,­.J.any.:aircraft„ ."auto" or' watercraft that is ownedor; .- op, erated by or, rented or loaned to any insured. This exclusion. does not apply to:., (1) A watercraft while ashore on premises ydif &Aih -or 'tent; '(2) A watercraft you do not own that is: (p)..Less .thah 61 feet long; and .(b) Not'beiihg used to carry persons for a7chairge; ..'.'(3)­:-Oarking . an'"auto " on, or on the ways .=next to; Ofemises you own or rent, provided theiftaiuio""is not owned by or ren d. te --orlocaned to you or the insured;, Liability assumed under any "insured cbritrad"•- . .for the -ownership, maintenance: Or use of aircraft or Watercraft; "Bodily inj6ry" or "property damage" arising :out ,6f'the operation of any of t Ahe;equipment ligi6d in Paragraph f.(2) of jf;(3),'-of -the definition of "mobile 8' • e0dipmerlit".7"or 16Y. -,An aircraft ft is not owned by any insure6 andis hired chartered or loaned with a 4'paid crew. However, this oes. not exception '� ti apply if the insured any other insurance for such "bodily :-A'tf rn �njur)�" or .:Pro IiL a y daage!', - whether { ` i ' ' • : -: 4 • 'the. 'other"" insurance is primary, excess, ti t or on' any Other basis. contingent f% Mobile EquMpment a"Bodily .;,injury!,, 6r,, ,"property damage" rising out -of:,:,,.. (Lj), The ti-aimportation, of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2):.,The uses of "mobile equipment" in, or while:!, in practice or preparation for, a prearranged racing, speed or demolition! contest or in any stunting activity. 13odily- 'injury",' "property damage" or 4 ­ "personal land `advertising injury", however dailis'6d, an"sing, directly or indirectly, out of: (1) War, ih6luding undeclared or civil war; VAI:e a6fibn by a military force, inclu:in" on in hindering or defendingi ':against an actual or _'ac k, t6d aack by any government, `sovereign or other authority using militairy., pers.bnnel or other agents; or (3) Insu&ecil6n, rebellion, revolution, .1�, " Usurped'Power, or action taken by governmental, authority in hindering or 'defending, against any of these. Prof6smon­a'l Services "Bodily injury",, "property damage" or "Oersbn4 and. 'advertising injury" arising out"of the; rendering of or failure to render any professi6n'al- service. ' This includes but is nof.liiiiited'to: nfing or advertising services; (2),, Prepan!ng,-.-.-.• approving, or failingto prepare or -approve maps, shop rawings, . opinions, reports, surveys, field, Orders, change orders, designs or .,drpwing ,%:and specifications; (3).! Supe" isory, inspection, architectural or engineering activities; (4) :-M6d)60," surgical, dental" x-ray or nursing -'services treatment, advice or instruction; (5). Any 'health or therapeutic service treatment, advice or instruction; (Q),% Any service, treatment, advice or ',.1,!in.structbon for the purpose of appearance or skin enhancement, hair removal., or replacement or personal gEpomi * ng; -(7) 'Ciptical ''or hearing aid services includingtheprescribing, pfeparation, `fitting,': demonstration or distribution of ophthMmic tenses and similar ptodu6* or hearing aid. devices; (8) Optometry:, :'or optometric services including but not limited to examination of the eyes and the prescribing, . preparation, flting,demonstration or distribution of ophthalmic lenses and similar products; (9) Any (a) Body piercing (not including ear ? piercing); (b) .Tattooing, including but not limited q to the insertion of pigments into or under the skin; and (c), Similar services; (10)`Services in the practice of pharmacy; and (11) Computer consulting, design or, programming services, including web site design. Paragraphs (4) and (5) of this exclusion do not , apply to the Incidental Medical Malpractice, coverage afforded under Paragraph 1.e. in Section A.'- Coverages. k. Damage To Property "Property -damage" to: (1) Property youw own, rent or occupy, including any costs or expenses' incurred by you, or any other person, organization or entity, for repair, I replacement, enhancement, restoration or maintenance of such. property for any reason, including, prevention of injury to a person or damage to another's property; _(2) Premises you sell, give away or abandon, if the "property damage" arises, out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody, or control .of the insured; (5) That particular part of real property on' which . you. or any contractors or subcontractors working directly or indirectly on- your behalf are performing operations, • I the "property damage" arises out of•those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. BUSINESS LIABILITY COVERAGE FORM Paragraphs. (1), ' (3) 'and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such .premises, rented to you for a period of 7 or fewer consecutive days.: A separate Limit of Insurance applies to Damage To Premises Rented To You as described in Section D.- Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the, premises are' "your work" and were never occupied,, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to time use of elevators. Paragraphs (3),. (4), (5) and (6) of this exclusion, do not apply to, liability assumed under a sidetrack agreement., Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed 'equiprrient while not being used to perform operations at a job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". I. Damage To Your Product "Property damage" to "your product" arising out of it or.any part of,it. M. Damage To Your Work "Property damage" to "your work" arising out of it or any part -of it and included in the "products -completed, operations hazard". ,. This exclusion:, does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage' To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or 1property that has .not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising' out of sudden and -,accidental physical injury to "your, product" or "your work" after it has been put to its intended use. BUSINESS LIABILITY:CNERAGEFORM o. • Recall Of' Froducts, Work Or Impaired ` Property i Damages claimed: for, -any loss, cost or expense incurred by you or others for the loss of use- withdrawal, recall, inspection, repair, replacement, adjustment, removal f.-(1or disposal of. -'- (1)' ). "Your product"; ' .. (2) "Your work"- or (3) "Impaired property'; _ i if . such.., product, work • or property is withdrawn or recalled from the market or from. use by any ,person, or organization becaus`e of. a: known or suspected defect, deficiency, ' inadequacy" or dangerous I ' condition in it. PePsonal'And �4dvertising Injury "Personal and advertising injury": (1). :..Arising aut of:oral, written or electronic publication of -material, if done by or at the direction -, :of the insured with knowledge of its• falsity; (2) - Arising,.out of oral,.written or electronic publication; of material whose first •publication ".:took place before the 'beginning of the policy period; M- Arising'out of a criminal act committed r by or at the direction of the insured; (4) Arising.'out of any breach of contract, excepts an' implied contract to use another's' "advertising idea" in your "advertisement'; ' (5) Arising' out,,; of • the 'failure of goods, i t jproducts - or services to conform with i" any statement- of quality or i performance - -made in- your i "advertisement' ; = :(6) - Arising` out ,of the 'wrong description of the price of. goods, products or services; (7) Arising out of , anyviolation of any intellectual ' property rights such as copyright, ,patent, trademark, trade name, trade ,secret, service mark or other --designation of origin or authenticity, However; , this exclusion does not apply- Joi infringement, in your "advertisement"; of, (a) . Copyright;: (b)' - Slogan, 'Unless the slogan is also a trademark, -trade name, service mriark or other designation of origin or authenticity; or i (c) Title of any literary or artistic work; (8) -Arising out of an offense committed by 'an insured whose business is: -(a) Advertising,- broadcasting, publishing or telecasting; (b)' Designing nor determining content of web sites` for others; or (c) An' Internet search, access, content or• service provider. NoweV&, this . exclusion does not apply to Paragraphs a., b. and c. ' under th&'definition of "personal and advertising: injury" in Section G. — Liabil.ity. ; And..-. Medical Expenses Definitions.• For the purposes of, this exclusion, _ placing, an "advertisement" for or for to others •on your web site, by itself, is not considered the business of 'advertising, broadcasting, publishing or' telecasting; . (9) ;Arising out of an electronic chat' room or bulietin board the insured hosts, owns; or" over which the insured exercises control;.i• ' (10) Arising Put, of,the: unauthorized use of ..another's name or product in your e-mail address, .domain name or metatags, or any ,other. similar tactics to mislead another's potential customers; Arising , out of - the violation of a person's right of privacy created by any state or'federal act. However, this exclusion does not 'apply to liability for damages that the insured would have in the absence of such "state or fede1al act; (12) Arising out'of (a)-`An"'advertisement' for others on your• web"site;' -(b) Placing --a' link to a web site 'of " others on'yourweb site; (c). Content from.a web site of others displayed. within a frame or border on -your, web site. Content includes information, code, sounds, text, graphics or images; or '(d) Computer code, software or p,'rogramming•used to enable: (i) Your website; or (ii) The presentation or functionality of an "advertisement' or other content on your web site; (13) Arising out of a violation:of any anti- trust law; (14) Arising out of the fluctuation in price or value ,of any stocks, bonds or other securities; or.,, . , (15) Arising out of discrimination or humiliation committed by or at the direction of any "executive officer", director, stockholder, partner or member of the insured. q: Electronic Data Damages arising out of the loss of, loss of use of,' damage ­to, corruption of, inability to access, or inability to manipulate "electronic data". ' . r. Employment -Related Practices "Bodily injury" or "personal and advertising injury" to, (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as ' a consequence of "bodily injury" or "personal and advertising injury" to the person at whom any of the _employment-related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer ,or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must :.pay damages because of the injury. S. Asbestos (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that BUSINESS LIABILITY COVERAGE FORM -:(a) May. be .awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of'any nature or kind to persons or property which would not have occurred in whole or in .part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or- statutory or regulatory requirement that any insured or others, test for, monitor, clean up, remove; . encapsulate, contain, treat, • detoxify or neutralize or in 'any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, -detoxifying or neutralizing or in any way responding to or assessing the effects :of.an "asbestos hazard". t. Violation i OF: Statutes That Govern E - Mails, .Fax, Phone Calls Or Other Methods Of Sending Material Or Information . "Bodily. injury", "property damage", or "personal and advertising injury" arising • directly or indirectly out of any action or omission that • violates or is alleged to violate: (1) The Telephone Consumer Protection Act. (TCPA), including any amendment of or addition to such law, (2) The CAN -SPAM Act of 2003, including any ame6dment'of or addition to such 'law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN -SPAM Act of 2003, that . prohibits or limits the sending, .transrrutting, communicating or distribution of material or information. Damage To Premises Rented To You — Exception For- Damage By Fire, Lightning or Explosion Exclusions c. through h. and k. through o. do not apply to damage _ by fire, lightning or explosion to premises rented to you or temporarily occupied'by you with permission of the owner., A separate Limit of Insurance applies to . this coverage as described in Section D.'- Liability And Medical Expenses Limits Of Insurance. 2. Al I' V� a. i b: d. LIABILITY. COVERAGE FORM ilicable To.Medical Expenses Coverage will'nbt pay expenses for "bodily injury": Any Insured' To any insured, except "volunteer workers". Hired.Person To a person -hired to do work for or on behalf of any insured or:a-tenant of.any insured. Injury On Normally Occupied Premises To !a person" injured, on that part of premises you own or rent that the person no occupies: Workers' ComPensation And Similar JLaws , iTo a; person,, . whether or not an "employee" of any insured, if benefits for the "bodily .injury;' .are payable or must be provided, under a workers' compensation !or. disability benefits law or a similar law. e.. lAthletics Activities ,To:,a person, injured while practicing, instructing'Or'participating in any physical exercises --or games, `sports or athletic contests: - f. Products -Completed Operations Hazard Included with the, "products -completed operations hazard". g. Business Liability.Exclusions (Excluded under Business. -Liability Coverage. C. WHO IS AN .INSURE® . F 1, lf.yoiu are designated in the Declarations as: a.:, _ An, individual,. you .and your spouse are insureds, but gorily' with respect to the conduct of a"business of which you are the sole owner. b. A partnership or -,joint venture, you are an insured. Your merribers, your partners, and F their spouses.are also•insureds, but only with respect to the conduct of your business. c. A limited . liability company, you are an insured,. Your members:'are'also insureds, but only with respect to, the conduct of your business. Your managers' are insureds, but only with respect to- their duties as your managers. d.:_ An `organization other than a partnership, joint venture `or limited_ liability. company, you are an insured. 'Your`"executive officers" and directors are insureds,but only with, respect to their duties as your officers or directors. Your stockholders; are also insureds, but only with respect to their liability as stockholders. e: :,A trust, you are an insured: Your trustees are also insureds; but -only with respect to their duties as trustees. .2.: ',,,Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer,` workers" only while performing dubes.'related to the conduct of your busihess, oe your "employees", other than either your "executive officers" (if you are ari ',,'; organization other . than a partnership, joint venture.or limited liability company) or your managers (if you are a limited liability company), but only for acts f within ,the scope of their. employment by you 'or while_ performing.:duties related to the conduct of your business. However,ry none of these.."employees" or "volunteer workers" are insureds for: (1) "Bodily injury" .or "personal and advertising injury": (a) To you,"; to your partners or members (if -you are a partnership or joint. venture), to your members (if .you are a -limited liability company), or to a co -"employee" while .in the course of his or her employment or performing duties .related to the conduct of your business, . or to your other "volunteer workers" while :.performing duties related to the 'conduct of your business; (b} To .the spouse, child, parent, brother or sister of that co - "employee" or that "volunteer worker" as .a consequence of Paragraph (.1)(a) above; (c)For Whiche. there is any obligation toC share damages with or repay someone else who must pay ' damages 'because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising, out, of his -or her providing or failing: to provide professional health care services. If you are - not in the business of providing Iprofessional health care services, Paragraph (d) does not apply to. any -nurse, emergency medical tpchnician,.or paramedic employed by YOU tolprovide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, 'BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage - under. this provision does not control of,' or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that'occurred; or' "employees", "volunteer workers", any partner or member (if you are (2) "personal and advertising injury" a partnership or joint venture), or arising out of an offense.committed any member (if you are a limited before you acquired. or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any.person (other than your "employee" or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your, equipment along a public highway with your Property permission. Any other person or organization responsible -for the conduct of such person is Any person or organization having proper. also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: - only if no other insurance of any kind is available (1) With respect to liability arising out of the. to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured (2) Until your legal representative has with respect to: been'appointed. a. ."Bodily injury" :to a co "employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to.,property owned by, only with respect to duties as such. That :tented to,. in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5.- Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of 'to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible. for the conduct of subsidiary not shown in the Declarations such person is also .an insured, but only with as a named insured .does not apply to respect to;•liability arising out of the operation injury or damage with respect to which an of the . watercraft, and only if no other insured; under this insurance is also an:person insurance of any .kind is available to that or organization for this liability. insured under another policy or would be an insured under, such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured`with respect to: limits of insurance. a. "Bodily injury" to a co -" employee" of the 3.. Newly .Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property•damage" to property owned by, other than..a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you :. you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock,. will qualify as a. Named 6. Additional Insureds When Required By Insured if. there is no other similar insurance Written Contract, --Written Agreement Or available to that organization. However: Permit a. • Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs A. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and i ..BUSINES i LIABILIPYC01/ERAGE.FORM Coritract, written agreement or because of a permit issued by a state or political subdivision, that such,.person or organization be added as. an additional insured on your policy,' provided the injury or damage occurs subsequent to the*, execution of the contract or agreement, or the issuance of the permit. - A 'person or organization is an additional ins bred under this 'provision only for that Period;.,. of time . required by, the...'tcontract, . - - .-agreement or. permit. However,: no such person ;or organization is an . .. additional: insured, under this. -provision if such person or. organization is::.included as an 1 ; additional insured. by an. endorsement issued .by us and made a part, -of this Coverage Part, including all -':persons --or organizations added as i additional' insureds' under: -'the specific additional insured, coverage grants in Section F. Optional Additional Insured Coverages. a. ,iVendors .. . L lAny,person(s) or organization(s) (referred to i below as 4endor), but only with respect to 1"bodily injury" or "property damage" arising out, of "your products", which are distributed i or sold in the regular course of the vendor's 4business. and. only if this Coverage Part iprovides 'coverage : for : "bodily injury" or "property.: damage", included within the "products•completed operations hazard". (1) The insurance afforded to the vendor is subject .to., the following additional i exclusions: f This insurahce:does not apply to: (a) "Bodily-' injury": or "property 4 I ' damage" for which the vendor_ is i ""�obiigated_��`to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does 'not apply to I liability for damages that the I vendor would. have in the absence of the.contract or agreement; ` (b)."Any ...express warranty unauthorized by you;.. ,t ­(c), Any- Iphysical.-.,or;chemical change .: in .the product made intentionally by the vendor; (d) Repackaging, except ' , when ;unpacked,-so1ely_forithe purpose of ! inspection, demonstration, testing, .. or the substitution of parts under instructions from. the manufacturer, and... then repackaged in the i original container; (e) Any. -failure . to make such inspections, adjustments, tests or ,servicing., as the vendor has • agreed Jo make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;, ,(f) Demonstration, installation, servicing, or ;repair operations, except such operations performed at -the vendor's premises in connection with the sale of the product; (g)` Products which, ;after distribution or sale by you, have been labeled or 'relabeled . or used as a container, -parlor ingredient of any other thing or substance by or for the,vendor;,or •(h) "Bodily, injury" or "property . , damage" arising. out of the sole negligence of the vendor for its own acts or omissions or those of ' its employees .nor 'anyone else 'acting on its behaif. However, this exclusion does not apply to: (i) : The exceptions contained in Subparagraphs (d) or (f); or (ij)` Such inspections, adjustments, tests or servicing as.the vendor has agreed -to make or normally undertakes to make in the usual course ` of business, in connection "with the distribution or sale of the products. "12)- This. -insurance. does not apply to any r insured person or organization from whom you have acquired such products, or any ingredient; - part or container, entering ' into; .... accompanying or containing such -products. b. Lessors`Of Equipment ('I) Any person ,or organization from whom you lease 'equipment; but only With -respect to their -liability for "bodily : injury" 'r "property damage" or "personal and. advertising injury" caused, in whole or-: in part, by your 'maintenance; operation or use of equipment' leased' to you by such `'? ' person or organization:!-- C. d. (2) With respect to the insurance afforded to these.:. additional insureds, this insurance 'does not apply to any "occurrence" which takes place after. you cease to lease that equipment. Lessors Of Land Or Premises (1) Any 'person or organization from whom you..lease land or premises, but only.with respect to liability arising out of the ownership,maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply, to: (a) Any "occurrence which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction . or demolition operations. performed by or on behalf of such person or organization•: . Architects, Engineers Or Surveyors (1) Any'architect, engineer, or surveyor, but only with. respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:. (a) In connection with your premises;. or (b) In the performance of your ongoing 'operations performed by you or on your behalf. (2) With respect to the insurance afforded Jo these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render. -any professional services by or for you, including: (a) The - preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, . surveys, field orders, change orders, , designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. r__ nn wn wn we w� BUSINESS LIABILITY COVERAGE FORM e. Permits, Issued,'. -By State Or Political Subdivisions '(1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has.issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) ''Bodily injury' or "property damage" included within ' the "products - completed operations hazard". f. Any Other Party (1) Any other person or organization who is not an insured. under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage"' or "personal and advertising injury." caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises = owned by or rented to you; or (c) In connection with "your work" and included within 'the "products - completed operations hazard", but only if (i) ,The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within.. the "products - completed operations hazard". (2) With respect to the insurance afforded ..to these .additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out. of the rendering of, or the failure to .render,. any professional architectural, engineering or surveying services, including: I 111 BUSINESS LIABILITY COVERAGE°FORM (a) -The . preparing, ` approving, or failure. to prepare or approve, maps, :shop - drawings, opinions, reports,', surveys, field orders, �.. .,­,changeil. orders, designs or I , drawings and specifications; or (b) Supervisory, inspection, . _ architectural or- engineering activities: The limits of. --insurance that apply to additional ins l reds are described in Section D. — Limits Of Insurance. How this. insurance applies when other .. ins6rance is available to an additional insured is described in the Other Insurance Condition .in Section E. - Liability And Medical Expenses Geaera{_ Conditions.,•: i No -person -,or organization is an insured with respect to the conduct -of., any..,current_ or past partnership, joint venture or, ., limited liability ` company.that'is not shown as a Named Insured in the Declarations: D. LIABILITY AWMEDICAL MEDICAL EXPENSES LIMITS OF INSURANCE' 1. The Most, We Will Pay The Limits of Insurance shown in the Declarations and the. rules ;below fix the most we will pay regardless of the number of- ... iInsureds; y b. (Claims made or "suits" brought; or IRersons or organizations making claims or brin in "suits, ". ringing 2. Aggregate Limits :The most we will pay for: a. ;Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations I *ggregate Limit shown in the i . Ilonhro4inn� _ ti. Damages because of all other "bodily injury"; "property damage" or "personal and advertising injury", including medical expenses, is the, General Aggregate Limit shown in the Declarations', This :General Aggregate Limit applies separately - to each' of your "locations" owned by,pr:rented to you. "Location" means;pfemises involving the same or' connecting lots, or premises whose connection is -interrupted only by a street, roadway', :or"- right-of-way of a railroad..' I . This General •Aggregate: limit does not apply to "property damage" to premises while :rented to• you or temporarily occupied' by: you with permission of the owner,- arising out .of fire, lightning or ..explosion: , -3. . Each Occurrence. Limit , Subject to 2.a....or :•2.b above, whichever applies,• the most we will pay for the sum of all =damages , because of all "bodily injury", "property damage" and medical expenses arising out of, any" one "occurrence" is the Liability and Medical.Expenses Limit shown in the Declarations. , The most we will. payfor all medical expenses because of "bodily injury" sustained by any one, .person...is :the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above,- the- most we will pay for the sum of: all damages because of all "personal. and advertising injury" sustained by *any one person. or organization is the Personal and Advertising •Injury Limit shown in the Declarations..: 5., , .Damage To.Premises Rented. To You -Limit The Damage To, Premises Rented To You Limit.isthe most.we will pay under Business Liability Coverage for' damages because of "property -damage"Jo any one premises, while rented to you; or. in the case'of damage by fire, lightning or explosion, while rented to you or temporarily. occupied. by -you with permission of the owner. In. the case of :damage, by fire, lightning or explosion, the Damage to Premises Rented To You Limit. applies 1q% all damage proximately caused by the same.. event, whether such damage results from fire; lightning or explosion or`any'combination of these. 6. How Limits Apply To Additional Insureds The_most we will ,on pay.behalf of a person or organization ..'who .is. an additional insured under this Coverage.ParLis the lesser of: a. The, limits of insurance specified in a written. contract, � written agreement or permit .issued,. by a state or political subdivision; or . b:,. The Limits of Insurance shown in the al Declarations. Such amount' shall be a part of and not in addition to"th'e Limits of Insurance shown in the Declarations and described in this Section. If more than one limit of insurance . under this policy and any endorsements attached thereto applies to any claim or,"suit", the most we will pay under this policy and the endorsements is the single. _highest limit of liability of all coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than. 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. 'In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY - AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2.. Duties In.. The . Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it, that we are notified as soon as practicable. of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1)' How, when and where the "occurrence" -or offense took place; (2) The names 'and addresses of any injured persons and witnesses; and (3) The 'nature'and location of any injury or '-damage arising out of .the "occurrence" or'offense. . b. Notice Of Claim If a *claim is made, or "suit" is brought against any insured, you or any additional insured must: (1) . Immediately record the specifics of the claim or "suit" and the date received; and ' (2). Notify us as soon_ as practicable. You or any.additional insured must see to it that we receive a written notice of the claim 'or "suit" as. soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: LIABILITY COVERAGE FORM BUSINESS (1) Immediately send us copies of any demands, .notices, summonses or legal . papers . received , in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us.in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement' of any right against any person or organization that may be liable to the insured because of injury or. damage to which this insurance may also apply. d: Obligations At The Insured's Own Cost No insured will, except at that insured's own cost, voluntarily'make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance If we cover a claim or ""suit" under this Coverage Part that may also be covered by 'other - insurance 'available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is -primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim'Or Suit Paragraphs a. and ' b...apply to you or to any additional insured only. when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance ,manager, if you, or an additional insured is a corporation; (5), Any trustee, if you or an additional insured ,is a trust; or (6) Any elected or appointed official, if you or an .additional insured . is a political subdivision or public entity. ."..-'.BUSINESS'LIABILITY,COVERAGE'FORM This -Paragrap h.,, f. applies separately to you.and-any additional insured. .3. , Financl6l Responsibility Laws - a. When this policy is' certified as proof of "financial responsibility for the future under the provisions ''of any motor vehicle financial -responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply. with.:thel prpvisions of the law to the..extent of the coverage and limits of '. Ansurance, required by -that law. b. With respect to "mobile equipment' to which this.. insurance applies, we will provide .,-any -liability, uninsured motorists, -und.erinsured. motorists, no-fault or other COVerage.,required.by: 'any motor vehicle W e w; id' ' ..law., ill, proV e the el required limits for those coverages.. 4., Legal:Ac�t!qn. A, gai nst- Us - No person. or,orgapizatiom- has a right under this, Coverage Form:, a. :To otherwise bring us ., join us as a party or into a 7sqit" ng for damages from an .insured; or- b.. To. sue us ,on this Coverage Form unless all of .its terms have -.been fully complied 1. with,. to - person or organization. may. sue us to recover on an,agreed settlement or on a final judgment against an, insured; but we will not be liable for damages- that are, note payable under the terms of this insurance or• that are"An excess of the app!icable. limit of, ' insurance. An agreed settlement means a;,,sefUe'rn"ent and release of liability signed by us, the insured and the 's� d6iTafito"r the'daima.h.tlegal representative. .5., Seppration..Of Insureds Except with respect t,o. the Limits of Insurance, and any rights or duties specifically assigned in I this policy to ih6-first Named, ' Insured, this insurance applies: T a. . As if each Named. Insured were the only -�:dNaime -' Insured; and In.. b.. Separately, to each .insured against whom a claim is made or suit" is brought. 6. Relireiintitions a. When,You--AccqpVT-hIs Policy, By accepting this policy,! you agree: (1) "The',staternerits in the Declarations are accurate'l.and complete; ..(2),- Thoise statement's are based upon representations you made to us; and n___ AID -9 ftA j- 3) -We•have issued this.policy-in reliance upon your representations. K'- 'Uninteriti6nal: 'Failure To'.., Disclose 4-'Hazaids If unifitehfionally.ypu should, fail to disclose all.hazards relating to*th.e conduct of your business at. the . inceplion 'date, of this Coverage , Part, , we sh6ll . not deny any coverage udder this 'Coverage Part because of such failure. 7.. Other insurance If,, other; ,valid sand- ..,collectible: insurance is available forr-a,doss we cover under this Coverage Part; our -.,obligations are limited as follows: a Primary Insurance This insurance is prim&y e'xcept-when b. below, applies. ; ;.If: other, insurance is also primary, we will share with all that other insurance by the Method described in c. below. `6. txcess Insurance This insurance is excess over, any of the 6ifier insurance, . Whether.prirn I ary, excess, contingent of on any other'basis: (1) Your Work 1hat ''is' Fire,' Extended Coverage, Builders Risk, ., fristillation Risk or similar.6overa'be' for "your work"; A2) -Prernises RentedT .9 You That ...is, fire, lightning or explosion r.insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is, insurance purchased by you to cover your liability, as a tenant for "property damage" to.premises rented to you bir'temporarily occupied by you 4. with permission of the, owner; (4) Aitcraft, Auto &Witercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to 'the extent not subject to Exclusion g. of Section A. — Coverages. (5)'-'Pro-perty Damage* To Borrowed Equipment Or Use Of Elevators 'the I` If oss arises out of "property damage to borrowed equipment or .'the use"of elevators ,to the extent not subject to ExclUsi6n-k. of Section A. — Coverages. . Cove ages... 1-,-- 00 thn nO nA 1h& (6) . When You Are Added As An Additional Insured To Other Insurance That, is other insurance 'available to you covering liability.. for damages arising-- out of the premises or operations, or products and completed operations, for •which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, 'the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage, Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a.written contract, written agreement or permit that this. insurance be primary: If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) ' Primary And Non -Contributory To Other Insurance When Required By Contract If you. have agreed in a written contract, .written agreement or permit` that this insurance is primary and non-contribu#ory with the additional insured's own insurance, this insurance is 'primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has. been .added as an additional insured. When this insurance is excess, we will have no duty. under -this Coverage Part to defend- the insured against any "suit" if any other. insurer has -..a duty ;to defend the insured against that "suit". If no other insurer` defends, we will undertake to do so, but we will be entitled to the insured's rights; against all those other insurers. BUSINESS LIABILITY:COVERAGE FORM When this insurance .is excess• over other insurance, we will pay only ,our share of the amount of the loss, if any, that exceeds the sum of: (1) The: total amount that all such other insurance would spay for the loss in the t.. absence of this insurance; and (2) The., total of all deductible and self - :.insured amounts under all that other insurance. We Will share the remaining'loss, if any, with any other insurance that isnot described in this Excess Insurance provision, and was not bought specifically to apply -in excess of the Limits • of _ Insurance • shown in the Declarations of this Coverage Part. r+ •:.:. C. Method Of,Sharing 'If all the other insurance permits contribution bjr equalshares, we will follow this method also. Under 'this approach, each insurer contributes equal amounts until it has paid* its. applicable limit of insurance -or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution - by equal shares, we will contribute by limits: ''Under this method, each insurer's share is based on the ratio of its applicable • ,limit • of insurance to the total applicable limits of insurance• of all insurers. 8. Transfer Of Rights Of, Recovery Against Others To. Us a. Transfer Of.Rights Of:Recovery If the insured has rights to recover all or part, 'of any - payment, including pler ' 'Suprrientary Payments, we have made under 'this Coverage -Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the .insured will .bring "suit" or transfer those: rights to us and help us enforce them. This condition does not apply:to Medical Expenses Coverage. b: Waiver. Of Rights Of: Recovery (Waiver Of Subrogation) If the w.insured has waived any rights of recovery % against:. any person or ,organization for all or part of any payment, including Supplementary Payments, we have made under this. Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. i BUSINESS LIABILITY. -COVERAGE FORM F. OPTIONAL ,d11DDIT1ONAL INSURED COVERAGES if listed or shown as applicable in the Declarations, j one or more of the following Optional Additional 'f Insured Coverages also apply: 'When any of these "Optional Additional ' Insured" Coverages apply, Paragraph' 6. (Additional Insureds When Required by'Written"Contract, Written Agreement or Permit) = of Section C., Who Is An, Insured, does not apply to the - person or organization shown. in the ,• Declarations.. These coverages are subject to the terms •and_ conditions applicable to Business Liability .:Coverage- in, thispolicy, except as provided below:, 1. -Additional Insured• Designated Person Or -.Organization WHO IS AN `INSURED, under Section C. is amended to. include as an' additional insured . the , person(s) .or• organizations) shown in the Declarations, but only,..with,., respect to liability .for: "bodily injury.,",,,.."proerty damage" or "personal and advertising injury" caused, in whole or in part, by ;your acts, or omissions or the acts, o_r-omissions of those acting, on your behalf. a..:In .the - performance -of. your ongoing operations;, or - . li: "In connection ;with your, premises owned or rented to you. 2. Additional Insure4•. - Managers Or Lessors L '`r OfPremiserv,._ a. WHO IS AN INSURED unde'r''Section C. is 'am- endedto include as an additional insured :the person(s) or-organization(s) shown in the Declarations as an Additional Insured - Designated Person -Or Organization; but only with respect to 'liability arising out of the ownership, maint6nance,or use of that part of .,:,the, premises lease_ d to you and shown in the Declarations.. . -b. -With respect to'the -insurance afforded to those. 4dditional insureds, ,the following additional exclusions apply: .'This- insurance does not apply to: (1) Any "occurrence"'which takes place --after-you cease to-, be a tenant in that premises; or, (2) Structural alterations, new construction, or'demolition operations i performed ` by' -or on behalf of such person :or:organization. '3. :Additional-Insuf6d -Grantor Of Franchise WHO ' IS AN INSURED "under Section .C. is amended to include`*as an, additional insured --the. person(s) -or-organization(s) shown in the Declarations ;.as, an .:Additional Insured - Grantor Of -Franchise-,: but only with respect to -their liability, as grantor of franchise to you. 4.. Additional ' Insured' %-- Lessor Of Leased E=quipment a. WHO IS AN -INSURE[? under Section C. is ` amended to- include as. an additional ` insured the persons) or organization(s) shown in the Declarations as an Additional Insured -Lessor of. Leased Equipment, but only .with -respect to liability for "bodily injury", , "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of. equipment, leased to you by such person(s)`or organization(s). b... With,respect to..the insurance afforded to f these additional insureds, this insurance does not.apply to any "occurrence" which takes place after you cease to lease that quipment. e 5.. ;,Additional. ;Insured - Owners Or Other Interests From Whom Land Has Been Leased a. :WHO iS:AN INSURED under Section C. is amended tov include as an additional .,� ,.. insured, the persons) or organization(s) -shown in he Declarations as an Additional Insured- Owners, Or Other Interests From Whom Land Dias Been Leased, but only with' respect- to liability arising out of the orivnership,'iiiaintenance or use of that part of the land leased• to you and shown in the Declarations. b.. With respect to the insurance afforded to these . additional insureds, the following additiional,exclusions apply: This insurance.does not apply to: r (1) Any: ."occurrence" that takes place - after you .cease to lease that land; or .. '•(2) - Structural - ' '".alterations, new construction or demolition operations performed by oron,: behalf of such person: or,, organization. 6. Additional , Injured State Or Political Subdivision— P6imits• a. WHO IS A.N•INS.URED'.under Section C. is amended . to `include• as an additional .insured, the' state or political subdivision shown in the Declarations as an Additional BUSINESS LIABILITY COVERAGE FORM Insured:— State Or Political Subdivision - (e) Any" failure to • make such - Permits, but only with respect to inspections, adjustments, tests or operations performed by you - or, on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to .. ' subdivision has issued a permit. make � in the usual course of b. With respect to the insurance afforded to business,, 0 connection with the -these additional insureds, the following distribution or .sale of the products; additional exclusions apply: (f) , Demonstration, . •. installation, This insurance does not apply to: servicing or - repair operations, ' such operations performed 1 "Bodily injury",, "property () y j ry., • .p perry damage or -except at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations .performed for product; . the state or municipality; or . (g) Products which, after distribution (2) "Bodily injury" or "property damage" or sale by you, have been labeled included in the "product -completed �• or- relabeled or used as a operations„ hazard. container, part or: ingredient of any 7. Additional Insured —Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily injury” or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the .negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily. its . employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i) The' exceptions contained in business and only if this Coverage Part Subparagraphs (d) or (f); or provides coverage for "bodily injury" or "property damage" included within the (il) Such inspections, "Products -completed operations hazard". adjustments, tests or servicing b. The 'insurance afforded to the vendor is as the vendor has agreed to subject to the following additional exclusions: make or normally undertakes to make in the usual course of (1) This insurance does not apply to: business,..in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason . of the assumption of insured person or organization from liability in' a contract or agreement. whom you have acquired such This •exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured -Controlling Interest unauthorized by you; WHO' IS 'AN INSURED under Section C. is (c) Any physical or chemical change amended to include as: an additional insured in the- product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations:. as an, Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out.of: demonstration, testing, or the a. Theis financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container, BUSINESS LIABILITY. COVERAGE FORM This insurance does not ',apply to structural alterations, new construction and demolition i' operations .performed by or for that person or organization. 9.. Additional Insured — Owners, Lessees Or Contractors Scheduled Person Or j Organization ' " a. WHO'IS AN INSURED under Section C. is amended to include as an additional insured the 'person(s) or organization(s) shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, but only with respect to liability for "bodily injury", "property damage" or "personal and, advertisingnjury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. (1) Irv' the performance of your ongoing operations 'for: the additional insured(s); or (2) In connection with "your work" performed -for that additional insured and included within the "products- �., completed j'operations hazard", but only • if this' 'Coverage Part provides fcoverage. for "Bodily injury" or "property. damage" included within the "products -completed operations hazard". .:b. With respect to the insurance afforded to these additional insureds, this insurance does not. apply to "bodily injury", "property damage" or "personal an advertising injury" arising out of the rendering of, or the failure. to render; any professional architectural, engineering or surveying i. services,.including: (1) The preparing, approving, or failure to ! prepare or:.. approve, maps, shop drawings, opinions, reports, surveys, field orders;change orders, designs or drawings and, specifications; or (2) : Supervisory;' inspection;;. architectural or engineering: activities:. 10. Additional Insured,'— Co -Owner Of Insured Premises ' - WHO IS AN: INSURED under Section C. is amended to include as an additional insured t the person(s)-br,Organizabon(s)' shown in the Declarations as an.I,Additional Insured — Co - Owner Of Insured i,Premises, but only with . respect. to their. :liability as co-owner of the premises shown in the Declarations. The limits of ih§urarice that- apply to additional insureds° are described in Section D. - Limits Of Insurance:., How this insurance applies when' other insurance is available to an additional insured is described in ..the Other. Insurance Condition 'in Section E. — Liability And Medical Expenses General Conditions..:_ • . O. LIABILITY AND!MEDICAL EXPENSES DEFINITIONS. ; 1`. "Advertisement" means the widespread public dissemination of information or images that has the -purpose of inducing'the sale of goods, products' or services through:.' a:' (1) Radio;: (2) Television; (3) Billboard; ' (4) Magazine; (5) Newspaper; b. The Internet, . but !only that part of a web site' that' is. about goods, products or services for.. the�purposes of inducing the sale of goods, products or services; or c. Any other' publication that is given widespread public distribution. However; "advertisement".sloes not include: a. :The design,.•printed.material, information, or images -contained in, on or upon the packaging or labeling .of any goods or products; or . b. An interactive conversation between or among persons through a computer network. "Advertising ' idea" `means any idea for an '.'advertisement'°. 3. ,"Asbestos ,hazard means an exposure or threat of, ,exposure;, to the actual or alleged properties .of .asbestos and includes the mere presence of. asbestos in any form. 4. "Auto" means ' a-' land motor vehicle, trailer or semi -trailer designed for travel on public roads, including .any attached machinery or equipment. But, -."auto" does not include pmobile equipment". .5. - "Bodily injury" means physical: a. Injury; b. Sickness; or C. Disease sustained by a.person and, if arising out of the above, mental anguish or death at any time. 6. -• "Coverage territory", means: r__ a e.•nn no rhA ne BUSINESS LIABILITY COVERAGE FORM a. %: The United States of America (including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property'can be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course . removal of "your product" or "your work"; of travel or transportation between any or places included in :a. above; b. Your fulfilling the,. terms of the contract or c. All other parts of the world if the injury or agreement.: damage arises out of 12. "Insured contract":means: (1) Goods or products made or sold by you in the territory described+in a. above; a. A contract . for a lease of premises. !However, that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any is' in the territory described in a. person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business; or rented to you or temporarily occupied by (3) "Personal and advertising injury" you.. with. permission of the owner is offenses that 'take place through the subject to the Damage To Premises Internet or.similar electronic means of Rented To You limit described in Section communication D. - Liabil'ity and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement; America ' (including its territories and c. Any easement or. license - agreement, possessions), Puerto. Rico or Canada, in - a including an, easement or license "suit" on the merits according to. the agreement in connection. with construction substantive law in 'such territory, or in a or demolition operations on or within 50 settlement we agree to. feet,of a railroad; 7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except in a. Stored as or on;' connection with work for a municipality; b... Created or used on; or *: An elevator maintenance agreement; or c. Transmitted to or from f. That. part of any other contract or computer software, including systems and agreement pertaining to your business applications • software, . hard or floppy disks, (including an 'indemnification of a CD=ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed .for a_ municipality) under which are used with electronically controlled you assume the .tort liability of another equipment_ party to pay. for. "bodily injury" or "property 8. "Employee" includes a "leased worker". damage" to a. third person or organization, "Employee" does: not include a "temporary provided the "bodily injury" or "property worker". damage is caused, in whole or in part, by 9. "Executive 'officer" means a person holding you or by those . acting on your behalf. Tort liability means a liability that would be any of the officer positions created by your imposed. by. law in the absence of any charter, constitution, .. by-laws or any other contractor agreement. similar governing document. • Paragraph f. includes that part of any 10: "Hostile fire" means .one which becomes • • � contract or agreerrient' that indemnifies a uncontrollable or breaks out from where it was railroad for - "bodily injury" or "property intended to be. = damage" arising out of construction or 11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road -beds, tunnel, a. It incorporates "your product' or "your work" underpass or crossing. that is known or thought to be defective, However, Paragraph, f.: does not include deficient, inadequate or dangerous; or that part of any contract or agreement: BUSINESS LIABILITY. COVERAGE FORM :(1), That .. indemnifies - an' architect, engineer, ,or , ! surveyor for injury or damage ,a using. put. of: ,_ (a) .Preparing, `approving or failing to prepare it or approve maps, shop drawings, opinions, " reports, surveys, . field' orders, change 'o`rders, designs" or drawings and specifications; or. (Ii) diving ' directions or instructions, orfailing o,igive them; if that is the primary'I, cause of the injury or damage; or (2) Under ' "which' the:" insured, if an archifect; engineer-, or surveyor, assumes liability ',for an injury or ` damage arising out of the insured's rendering or ' failure to render professional` services; including those listed in'- (1)`` above ;and supervisory, inspection,' : architectural or engineering ;activities: 13. "Leased worker" means a person leased to 'you by 'a. labor Aeasing:- firm under an agreement: between' you -and the labor leasing firm; to perform duties related>to the conduct of your business. "Leased:worker does not include a "temporaryworker". 14. "Loading or unloading -means the handling of property: a:. After +it- is moved �. from .the place where it is accepted• fora movement into. or onto an aircraft, watercraft or."auto' ; l b.: While -itis in or on an aircraft, watercraft or "auto"; or ' I c: While it isbeing "moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; .but. "loading or unloading" .does not include the movement of property by means of a mechanical i device, , other ,than a; hand' truck, that is not attached to the.aircraft; watercraft or "auto". f, 15. "Mobile.;_equipment" means any of the following types of land,:vehicles, including any attached 11 machinery or equipment: a. Bulldozers, farm machine � rYl forklifts and other vehicles designed, for use principally off public roads; F b'. Vehicles rnaihtained : for: use solely on or next to premises'you own or rent; c: Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on ' which are permanently mounted: (1)!.••Power - cranes,,.. shovels, loaders, diggers,or, drills;• or (2) Road construction, or resurfacing equipment=such: as graders, scrapers . or rollers; . e: Vehicles not described in a., b., c.; or d. above that are not self-propelled and are maintained primarily..to provide mobility to permanently . attached equipment of the following Ytypes: (1) Air compressors, pumps and generators., including spraying, welding; building cleaning, geophysical expioration, lighting and . well:seniicirig equipment; or „ (2) Cherry pickers and similar devices used'"to'raise or[owe' workers; J. ..Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the, transportation of persons or :cargo.. ..However, self=propelled vehicles with the :following , types of, permanently attached equipment are ,not "mobile equipment" but will be considered "autos":: (1) Equipment; of at least 1;000 pounds gross ..: vehicle, weight; designed primarily for: (a) Snow removal; (b) Road • -maintenance, but not construction or resurfacing; or (c) , Street. cleaning;.. - (2) Cherry pickers • and }similar devices mounted : '. on automobile or truck chassis:, and' used to :raise or lower workers; and (3) Air compressors, pumps and generators, including: spraying, welding, building cleaning; geophysical exploration, -lighting and well servicin :equipment. 16: "Occurrencemean's. an. accident, including continuous or repeated. exposure to substantially the same general -harmful conditions. .17. "Personal -and advertising injury" means injury, including consequential !'bodily injury", arising out of one or more of the followingoffenses: ar False arrest, detention, or imprisonment; b.. Malicious' prosecution; r,___ nn _A n. I., r....... 0041A IW AA AG c. The wrongful eviction from, wrongful entry into; or invasion of the right of private occupancy . of a room, dwelling or Premises that . the person occupies, committed. by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders' or libels a person or organization or disparages a person's or organization's goods, products or services; e. •.Oral, written or electronic publication of material that' violates a person's right of privacy; f. Copying, in your "advertisement", a person's. or . organization's "advertising idea". or style of "advertisement'; g. Infringement of copyright, slogan, or title of any literary.. or artistic work, in your "advertisement".; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke,, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard'; a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. BUSINESS LIABILITY COVERAGE.FORM Work that may need service, maintenance, correction, repair. or replacement, but which is otherwise complete, will be "treated as completed. The "bodily injury" or "property damage" must occur away -from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created; by the "loading or unloading" of that vehicle by any insured; or (2) The existence. of tools, uninstalled - equipment. or abandoned or unused materials. - 20. "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 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 "occurrence" that caused it. As used in this definition, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are 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'; i BUSINESS LIABILITY:'COVEKAGE FORM b. -Donates his or• :her work;' i `�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 "Yourproduct"'. a. } Means:. (1) An goods or -.products, other than real Y property,-manufactured, sold, handled, _ distributed or disposed of by: (b). Others, trading, under your name; ;., or {c) A 'pe"rson': "or organization whose business or assets you have ' acquired; ands (2) Containers' I (other than vehicles), materials; parts : or equipment ' famished in� • connection with such goods or products. b. lncludes:' Warranties* or representations made at - any timb with respect to the fitness, quality; durability, -performance or use of "your product'; and • r t . (2) The providing, of or failure to provide warnings or instructions. - c. Does not include vending machines or other property rented to or located for the use of others but riot'sold: 25. "Your work": a. Means: (1)- . Work or,operations 'performed by you or on:,your behalf; and.. (2) .Materials,' . parts T or equipment furnished in connection with.such work or operations. :b.'. lncludes:.t ` (1) Warranties •or representations made at ahy"time With respect to the fitness, '"•quality', `durability, performance or use :+ of "your work'!;. and (2) The providing of or failure' to provide -warnings,or instructions. . 1 Asan independent contractor, .the, Organization is responsible fior its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Organization or its personnel. As, an independent. contractor, Organization is responsible for payment of all. taxes and . licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited.to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing..' If any taxes or. fees due the City have -been declared delinquent, the City may withhold the delinquent amount; plus any additional charges arising from the delinquency, from any .payments due „Organization. V. Indemnification: Organization sl idh .defend, indemnify and .hold the. City, its officers; officials,employees, agents and volunteers harmless from any. and all.claims, injuries, damages, losses or ;suits, including all legal costs and attorney fees, arising out of or in. connection with the performance of this Agreement, except for that portion of the injuries. and damages caused, by. the City's sore negligence. • The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. .. _ IT IS FURTHER_SPECIFICALLY AND EXPRESSLY UNDERSTOOD. THAT. THE . INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER . OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW,' SOLELY -FOR. THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER- provisions AIVER provisions of this section shall survive the expiration or termination of this - V1 . Insurance: Prior to and during the performance of the .work covered by this Agreement, Organ izafion.shall,provide'.the Risk Manager for the City with:. evidence that it. has obtainedand. maintains m full farce and effect during the term of -this Agreement comprehensive general liability.. insurance�coverage of at least $500,000.00.per,occurrence. In the event Organization organizes, promotes for sponsors an event involving the sale or consumption of food or alcoholic beverages, Organization shall also provide evidence that it has obtained products liability and liquor liability insurancepof at least .$500,000.00 per -occurrence, for, each event.., The, City:shall be,named as additional insured and it shall be an affirmative obligation upon Organization to advise the. City's ,. Risk Manager by fax at (360) 473-5161, aor by certified mail, return receipt requested to City of. Bremerton, attn: Risk Management, 345 6a' Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension. or substantive,change of any, insurance policy. set.out,herein,' and failure, to do so shall be construed to be a breach of this Agreement. The Organization's,.insurance shall be.primary and non-contributory insurance as respects the City and shall contain awaiver,, of subrogation against the City for claims arising out,of-any operations, liabilities and obligations to which„coverage..applies.. VII. .Generai. Coad itions: A. Reports' and Information: When requested by ,the City, Organization• shall furnish. periodic..{ 1, reports and documents on matters covered by this Agreement. Theyeports and documents shall z. Bremerton/Bremerton Chamber ; AGENDA BILL � E CITY OF BREMERTON CITY COUNCIL SUBJECT: Tourism Promotion Study Session Date: January 25, 2017 Services Agreement with Bfemerton COUNCIL MEETING Date: February 1, 2017 Chamber of Commerce -in the amount of $25,000.00 Department: City Clerk Presenter: Shannon Corin Phone: (360) 473-5323 SUMMARY: The Lodging Tax Advisory Committee recommended lodging tax funds be granted to applicants in 2016 for 2017 funds. City Council approved recommendations at the Council Meeting held'August 3, 2016. The Council adopted the 2017 budget with Ordinance No. 5315 which included in the approved recommendations. Pursuant to BMC 2.76.100, contracts over $25,000100 require Council approval. ATTACHMENTS: Tourism Promotion Services FISCAL IMPACTS (Include Budgeted Amount): $25,000.00 is budgeted in the Lodging Tax Fund STUDY SESSION AGENDA: m No Presentation ❑ Full Presentation - STUDY SESSION ACTION: o ConsentAgenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Tourism Promotion Services Agreement with Bremerton Chamber of Commerce in the amount of $25,000.00 and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Ed Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15' TOURISM PROMOTION SERVICIES AGMEW$T_ Bremerton Chamber of Commerce The City of Bremerton ("City") and Bremerton Chamber of Commerce ("Organization"), referred to collectively as the "Parties," enter into the following Agreement for Tourism Promotion services: L Scope: The Organization shall provide tourism promotion services for the City. Tourism' promotion shall mean activities and expenditures designed to increase tourism to the City. Tourism promotion activities may include, but`are not limited to, advertising, publicizing,'or otherwise distributing information for the purpose of attracting and welcoming tourists to the City. The Organization shall provide'to the City a'work plan attached hereto'as Exhibit A setting forth its goals and objectives for successful tourism promotion. H. Term: This agreement shall commence onrJanuary'l; 2017 and shall continue'in full'force and effect until December 31, 2017 unless terminated earlier pursuant to Section IX of this Agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement City shall pay the Organization an amount not to exceed Twenty -Five Thousand ($25,000.00) for Tourism Promotion services. However, funding for this Agreement is subject to the actual_ Hotel/Motel Tax funds received by the City. If Hotel/Motel Tax receipts are lower than budgeted funding may be decreased. The Organization shall submit monthly billing invoices, by the 15th of the month, detailing how activities and services performed by the Organization during the preceding month have specifically promoted tourism in the City of Bremerton including measurable results. Upon receipt of a conforming billing invoice, the City shall promptly process payment. If a billing invoice does not.conform to this Agreement, the City may withhold payment until the invoice is brought into compliance. Such withholding does not relieve the Organization of its obligations under this Agreement: Failure by the Organization to submit all conforming billing invoices by January 15d' after the expiration of this Agreement may result in -•the forfeiture of remaining unbilled compensation. The -Organization shall not perform • work beyond the. Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. IV.'Relationship of Parties: The Organization represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. The Organization and its personnel are independent contractors and not employees of the City. The'Organization and its personnel have no authority to bind the City or to control the City's employees and other contractors. None of the'benefits'provided by the City to its employees, including, but not limited to compensation, insurance; and unemployment insurance are available from the City to the employees, agents, representatives, or sub -consultants of the Organization. Organization will be solely and entirely responsible for its acts and for the acts of the Organization's agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. Bremerton/Bremerton Chamber Page 1 of 4 As an independent contractor, the, Organization is responsible:. for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Organization or its personnel. AsF an independent contractor, Organization-.iis responsible for payment of all..taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes .and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing,, If any taxes or fees due the City: have been declared delinquent, the City may withhold the delinquent amount; plus any additional charges arising from the delinquency, from any payments due,,,Organization. , V. Indeninification: Organization shall defend, indemnify and .hold the, City, its officers, officials,e,employees, agents and volunteers harmless from any. and all.claims, injuries,.damages, losses or suits, including all legal costs and attorney fees, arising out of or in. connection with the performance of this Agreement, except for that portion of the injuries and damages caused, by the City's,sole negligence.. i The City's review or acceptance of an of the work when completed shall not be grounds tY P Y P to avoid any of these covenants of indemnification. IT IS FURTHER;.SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT, THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER . OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR .THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.. Tle provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: Prior to and during the performance of the .work covered by this Agreement, Organization shall provide the Risk Manager for the City with evidence that it. has obtained_and, maintains, m full farce and effect during the term of -this Agreement comprehensive general liability.. insurance�coverage of at least $500,000.00,per,occurrence. In the event Organization organizes, promotes'ior sponsors an event involving the sale or consumption of food or alcoholic beverages, Organization shall also provide evidence that it has obtained products liability and liquor .liability insurancepof at least .$500,000.00 per occurrence, for.each event. ..The, Cityshall be,named as additional, insured and it shall be an affirmative obligation upon Organization to advise the City's Risk Manager by fax at (360) 473-5161,,or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 Oh Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive.change of any.insurance policy.set out.herein,' and failure, to do so shall be construed to be a breach of this Agreement. TMe Organization's insurance shall be. prim, ary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out,of-any operations, liabilities and obligations to which coverage. applies... VIL General. Conditions: r A. Reports' and Information: When requested by the City, Organization shall furnish.penodic.. reports and documents on matters covered by this. Agreement. The_reports and"iiocuments shall . BremertonBremerton Chamber Page 2 of 4 be furnished in the time and form requested.- -Organization shall maintain accounting. records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Work Performed at Organization's Risk: Organization shall take allprecautions. necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Organization's own risk, and Organization shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work: C. Place of Work: The Organization shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Any necessary -meetings with the City staff shall take place at the City's offices, or at locations mutually agreed upon by the'parties. D. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. E. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. F. Modification: This Agreement may only be modified by written instrument signed by both Parties. G. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or I st class mail, or by personal service,' and shall. be deemed sufficiently given if sent to the addressee at the address stated in this Agreement'or such other address as may be hereafter specified in writing. City Address City Clerk 345 6t' Street, Suite 600 Bremerton, WA 98337 Organization Address Gena Wales, President/CEO 286 4t' Street Bremerton WA 98337 H. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. I. Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be awaiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. I Compliance with Laws: Organization shall'comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. K. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. Bremerton/Bremerton Chamber. Page 3 of 4.. II I , L. Attorneys' Fees::•In the event of litigation to enforce any of the terms or provisions herein,-:each party shall.pay all its own costs and attorney's fees, M. Ass i ment: Any, assignment of this agreement by the Organization without ttie written consent of the. City shall be void:. ; VIII." .Wondiseriniination: Organization • shall; not discriminate in employment.or services to the public ,on ;the basis of race; ':color, national origin, sex,, religion, :.age; marital status, -sexual orientation or disabilityexcept; for -employment actions -.based on ' bona '.fide occupational qualification. IX. T rminatiow This Agreementmay be terminated by. either party for convenience upon' . thirty (30) days written notice to-.the other party;„or• for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes t}ie.correction thereafter. Upon such termination, City will. be entitled to reports showing the status of all services Organization is providing to the City as, of the effective date of termination. I X. --Termination of.Other Contracts. This,Agreement shall supersede:allprior;AgrE:ements between the parties relating to the',use of Hotel/Motel Tax. F I CITYOF BREMERTON:.­t 'BREMERT.ON CHAMBER OF COMMER . . By: 'PiBy: Gena Wales its: Ma its:_.esi&ht/CEO Date: 9 3 a 7Z ?a Date:” Approved as to form: Attest: Bremerton Cit Attorne City Clerk j 1 Bremerton/Bremerton Chamber . Page 4 of 4 Scope of Services Funding will be spent on maintenance of the Chamber website, Mobile App, utilities, postage, staffing of the Visitor Center and supplemental funding for the Armed Forces Festival. Bremerton/Bremerton Chamber A TLO CERTIFICATE OF LIABILITY INSURANCE R054 DATE(MM/DD/YYYY) 14/21/2016 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED_, REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on, this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BELL ANDERSON AGENCY INC/PHS 810142 P: F: CONTACT NAME: PHONE (AA:, No, EA): FAX (AIC, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAICA INSURERA: Sentinel Ins Co LTD INSURED I BREMERTON CHAMBER OF COMMERCE 286 4TH ST BREMERTON WA 98337 INSURER B - . INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSR LTRCOMMERCIAL TYPEOFIN.SURINCE MDL SUER POLICYNUMBER � EFF POLICYEXP LIMITS GENERAL LIABILITY EACH OCCURRENCE s2,000,000 CLAIMS -MADE � OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence)$1,000,000 X MED EXP (Any one person) $10,000 A X General Liab 52 SBA IL7842 05/16/2016 05/16/2017 PERSONAL 8 ADV INJURY s2,000, 000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s4,000, 000 POLICY ❑ JE O- ❑X LOC PRODUCTS - COMP/OP AGGs4,000, 000 OTHER: AUTOMOBILE LIABILITY (Ea IKEDaccident) SINGLE LIMIT $2,000, 000 BODILY INJURY (Per person) $ ANY AUTO A OWNED F SCHEDULED AUTOS ONLY AUTOS 52 SBA IL7842 05/16/2016 05/16/2017 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' 1J"LrrV PER OTH• STATUTE I ER E.L. EACH ACCIDENT ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (MandaforyIn NH) ElwA E.L. DISEASE- EA EMPLOYEE $ If yes, describe under j DESCRIPTION OF OPERATIONS below $ E L DISEASE -POLICY LIMIT A EMP STPGP LMTD 52 SBA IL7842 05/16/2016 05/16/2017 $1,000,000/1,000,000/1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the�Insured's Operations.,Re: Lodging Tax Grant. Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy. I CERTIFICATE HOLDER ICANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City o f Bremerton AUTHORIZED REPRESENTATIVE - 345 6TH ST STE 600 BREMERTON, WA 98337 / ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD I• BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 © 2005, The Hartford QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension - Supplementary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to.determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing'this insurance. The word "insured" means any person'or organization qualifying as such under Section C. - Who is An Insured. Other words and phrases that appear in quotation marks have special -;meaning: Refer to Section G. -'Liability And Medical Expenses, Definitions. - A. COVERAGES 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a.. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit' - seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily . injury", "property damage" or "personal and advertising injury" to which this insurance does not"apply. We may, at our discretion, investigate any "occurrence"'or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section D. - Liability And, Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension = Supplementary Payments. b. This insurance applies: (1) To "bodily injury" and "property damage" only if: Form SS 00 08 04 05 (a) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory' (b) The "bodily injury" or "property damage". occurs during the policy period; and. (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. - Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or 'property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to' the policy period, that the "bodily injury" or "property damage" occurred, then any continuation;, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in -the "coverage territory" during the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: © 2005, The Hartford (1) Reports all, or any part, of the "bodily injury". or "property damage" to us or any other insurer; Page 1 of 24 BUSINESS, LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or claim for damages because of the "bodily injury' or "property damage'; or (3) 'Becomes'aware by any other means that 'bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include ;damages claimed by any person ....,or. ..;organization for. care,. loss of services ,or death resulting at any time from the "bodily injury" 6..!Incidental.Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall `be deemed to be caused by an - "occurrence", but only if: (a) The physician, dentist, nurse, emergency. medical technician or . paramedic is employed by you to . provide such services; and (b) You . ' are not engaged in the business or occupation of providing such services. (2) For the purpose of determining the limits of insurance for incidental medical malpractice; any act or omission together with all related acts or omissions in. -the furnishing of these services to any one person will be considered one."occurrence". 2. MEDICAL EXPENSES - Insu'ring Agreement a. We will pay medical expenses as described below for "bodily, injury" caused by an accident: (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:. (1) . The . accident .takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to* us within three years of the date of the accident; and (3) The 'injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. i Page 2 of 24 b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable: expenses for: (1) First aid administered at the time of an 'accident;-. (2) Necessary medical; surgical, x-ray -and dental services, including prosthetic devices;, and (3) Necessary... ambulance, hospital, professional nursing and • ' funeral services: 3. COVERAGE EXTENSION SUPPLEMENTARY PAYMENTS a. We will pay, with respect to. -any claim or "suit", we, investigate or settle, .or any {"suit" against ph insured we defend. . (1) All,expenses.we incur. (2) Up to $1,000 for the cost of bail bonds required because. of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. (3) . The cost of appeal bonds or bonds to release attachments,. but only for bond amounts within the applicable limit of insurance. ' We :do not have to furnish these bonds.+ . (4) 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. (5) All , costs taxed against the insured in the,"suit". (6) Prejudgment interest: awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of. insurance, we will not pay any prejudgment interest based on that period of.time•after the offer. (7) All interest on - the full amount of any judgment: that accrues after entry of the judgment: and before we have paid, offered. -to pay, or -deposited in court the part of the judgment that is within the applicable limit of insurance. Any amounts, paid under (1) through (7) above will not reduce the limits of insurance. Form SS 00 08 04 05 b. 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 indemnitee if all of the following conditions are met: (1) The "suit" against the indemnitee seeks damages -for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2) This insurance applies to such liability assumed by the insured; (3) 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'; (4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same' counsel to defend the insured and the indemnitee; and (6) The indemnitee: ,(a)', Agrees in writing to: (i) • Cooperate with us in the investigation, settlement or defense of the "suit"; (ii) Immediately send us copies,of any demands, notices, summonses or legal papers received in connection with the "suit'; (iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) ;Provides us with written authorization to: (i) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit". BUSINESS LIABILITY COVERAGE FORM So long as the above conditions are met, r:. attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. — Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1),, We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of .the agreement described in Paragraph (6) above, are no longer met. B. EXCLUSIONS " 1.' Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended. Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from* the use 'of reasonable force to protect persons or property; or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the• insured with the expectation of inflicting "personal and advertising injury.. b. Contractual Liability (1) "Bodily injury" or "property damage"; or -(2) "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion. does, not apply to liability for damages because of- (a) "Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or Form SS 00 W04 05 Page 3 of 24 BUSINESS' -LIABILITY.. --COVERAGE FORM (b) "Bodily injury" or "property damage" .. assumed in a contract or agreement that . is. an "insured contract provided • ,the "bodily injury" or "property .. damage" occurs subsequent to -the execution of the -contract or agreement. Solely for the .purpose of liability assumed in an "insured 'contract", reasonable attorneys' „fees and necessary ,:litigation expenses incurred by or for a party other..than an insured are 6 : deemed to be.damages because of "bodily injury" or "property damage" j provided: (i) Liability_to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract', and (ii) Such attorneys' fees and litigation expenses are for defense' of that party against a civil "'o'r _ alternative dispute resolution proceeding in which damages • .to..- ,Which this insurance, applies are.alleged. C. Liquor Liability "Bodily injury" or "property damage" for j which any insured 'may be ,held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The; furnishing of alcoholic beverages to a person under, the legal drinking age or under the influence of alcohol; or .,(3) Any ;statute,. ;ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. Tliis exclusion applies�only if you are in the business of manufacturing, distributing, selling. serving- or furnishing alcoholic beverages.-,, d.. Workers' Compensation And Similar Laws Any ' obligation of the 'in'sured under a workers' compensation, disability benefits or unemployment ' compensation law or i ainy'similar law. e: Employer's Liability "Bodily injury"`to: (1)` An'"employee" of the insured arising -,out of and in the course of: (a) Employment by the insured; or (b)Performing duties related to the conduct of the insured's business, or (2) The'spouse, child, parent, brother or sister of ,that "employee" as a consequence of -(1) above. .This exclusion applies (1) Whether the insured may be liable as an employer or. in any other capacity; and �. (2), To any obligation to share damages with or'repay someone else who must pay'damages because of the injury. This exclusion does' °not'apply to liability assumed by the insured under an "insured contract" f. Pollution (1) "Bodily . injury',,, ','property damage" or "personal and advertising injury" arising out of. the actual, alleged or threatened . discharge, dispersal, seepage,.migration, release or escape of "pollutants": (a). ••At, or from any premises, site or location which is or was at any time .,owned or occupied by, or rented. or loaned to any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a •` building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, .,cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or _lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing ''operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or Page 4 of 24 Form S.S. 00 08 04 05 (iii) "Bodily injuryor "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b), At or from any premises, site or ' location which is`. or was at any time used by or for any insured or others for the, handling, storage, disposal,. processing or treatment of waste; (c) Which are or were at any time transported,' handled, stored, treated, disposed of, or processed as waste by or for: (i) Any.insured; or (ii) Any person or organization for whom ,you may be legally responsible; (d) At or from any premises, site or location on which any insured or any- contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the,. premises, site or location in j connection with, such operationsi by such insured, contractor or j subcontractor. However, this;,' subparagraph does not apply to: (i) "Bodily injury" or "property' damage" arising out of the'! escape of fuels, lubricants or; other operating fluids which are" needed to perform the normal;! electrical, hydraulic or'I mechanical functions necessary for the operation of "mobile equipment" or its parts,; if such fuels, lubricants or other' operating fluids escape from' al vehicle part designed to hold,', store or receive them. This exception,does not apply if the',, :"bodily injury" or "property;, damage" arises out of the: intentional discharge, dispersal! or release of the fuels;, lubricants or other operating -fluids, , or if such fuels,'' lubricants or other operating fluids are brought on or to the;, premises, site or location with, the intent that they be discharged, dispersed or Form °SS 00 08 04 05 BUSINESS'LIABILITY COVERAGE FORM ",released - as part of the operations being performed by such insured, contractor or subcontractor; (ii). 'Bodily injury' or "property damage" sustained within a building and .caused by the release of , gases, fumes or ,,vapors from materials brought into, that, building in connection with operations being performed by you or on your behalf by a contractor or subcontractor, or (iii)'"Bodily injury" or "property damage arising out of heat, smoke or . fumes from a "hostile fire";- or (e) At or from any premises, site or " location on which any insured or any :contractors... or • subcontractors workingtdirectly or indirectly on any insured's behalf . are performing operations if the operations are to test for, monitor, dean up, remove, contain; treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2), Any: loss, cost or expense arising out of any: , (a) Request; demand, order or statutory or -regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way r t respond to, or, assess the effects of, "pollutants'; or {b) Claim or suit by or on behalf of a :'; • . ;governmental. authority for damages ,because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing,.. or in any way responding, to, or assessing the effects. of; "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would , have. in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. Page-5,of 24 11 `:-SUSIN LIABILITY.'ZOVERAGE. FORM Aircraft, Auto, Or Watercraft !'8odIly:injuqor "property damage" arising OIA of th6 - owiiership, maintenance, use or entrustment 16 others of any aircraft, "auto" or watercraft owned or operated by or rented or. loaned to any insured. Use includes operation and; "loading or unloading". This exclUs101, k n, applies even if the claims agtiinsi 6fiy.''ifisured allege negligence or otter -'wrongdoing in the supervision, hiring, dmip'loymehf,;:'_tr'ainNng or monitori%V others 4. -.by -.that -insured, if the "occurrence" which the �' used ca °1 "bodily injury" or "property - 'damage'—,- Jnvolved the ownership, :maintena ce, use or entrustment to others of n ..any.: aircraft,, 'auto" or watercraft that is owned or: operated by or rented or loaned to This exclusion does not apply to:, (1) A watercraft while ashore on premises -:J you 6wh"orrent; 2) Awat6rctaft you do not own that is: (a)­ess than 51 feet long; and .(b) Not'lSeirig used to carry persons for a7charqe; �1. _4 "(3)"Parkingan "'auto" on, or on the ways "-�nexl to; premises you own or rent, provided the�,.%iuto" is not owned by or rented or, loaned to you or the insured; (4) Liabilityassumed under any "insured c 'ritrad— Jor the ownership, o maintenance' or use of aircraft or watercraft; 5) "Bodily injury" or "property damage" arising out of the operation of any of Ah&equipment listed in Paragraph f.(2) orJ1(3);­of ,the definition of "mobile equipment' ;'o"r -(6)' "An aircraft'f6t is not owned by any insured and 'is hired, chartered or loaned with a ""paid crew. However, this { exception' -does not apply if the insured has airry"othet insurance for such "bodily mtury" or "property damage!', whether the. other;' insurance is primary, excess, contingent or on'a*'ny other basis. Mobile Equipment !'! Bodily ,,ry ,,inju!', or,, "property damage" arising out of: The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2): The use: of "mobile equipment" in, or while. in practice or preparation for, a prearranged racing, speed or demolition' contest or in any stunting activity... Bodilytifij6ry",-_ "property damage" or 1 and .persona an 'advertising injury", however caused, arising, diiectly or indirectly, out of: (1) War, including undeclared or civil war; "(2) Waflike. action by a military force, including action in hindering or defending against an actual or expected attack, by any government, .soVdieigh' i or other authority using .,military. personnel or other agents; or (3) Insurrecii6n, rebellion, revolution, usur, , p6d"power, or action taken by governmental* authority in hindering or defending. against any of these. J. Prof6ssIohal SeiNices .IIB6dily injury",, "property damage" or "personal t_ naI and 'advertising injury" arising o 'ut "*of the rendering of or failure to render any professional- ,service. This includes but is not, limited'& (1.)_,(eqa(_,.-,,-acco- nfini or advertising services,".-, (2),, Preparing,:.:. approving, or failing to preparq,,,,. , or,- - approve , maps, shop drawings,, o i5ihions, reports, surveys, field,6rd6rs, change orders, designs or .1V drawings and specifications; -(3)� Supervisory, inspection, architectural or engineering activities; (4) surgical, dental, x-ray or nursing services treatment, advice or instruction; (5) Any hea ith or therapeutic service treatment, advice or instruction; (Q),,.,Any service, treatment, advice or ..;�,,,Jnstruction for the purpose of ;,pppearance or skin enhancement, hair removal. or replacement or personal grooming; .(7) Ciptical ''or hearing aid services including ;the prescribing, preparation, `fiffing, dernonstration or distribution of ophthalmic lenses and similar products or -hearing aid. devices; Page .6,of 24 Form SSI-QO 08 04 05 (8) Optometry., : or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fitting,demonstration or distribution of ophthalmic lenses and similar products; (9) Any: (a) Body piercing (not including ear ' piercing); (b) .Tattooing, including but not limited ; to the insertion of pigments into or under the skin; and (c) , Similar services; (101"Services in the practice of pharmacy; and (11) Computer consulting, design or programming services, including web site design. Paragraphs (4) and (5) of this exclusion do not , apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A.'- Coverages. k. Damage To Property "Property. damage" to: (1) Property you own, rent or occupy,, including any costs or expenses! incurred by you, or any other person, organization or entity, for repair,;i replacement, enhancement, restoration or maintenance of such property for any reason, including; prevention of injury to a person or damage to another's property; _(2) Premises you sell, give away or' abandon, if the "property damage" arises„ out of any part of those premises; f (3) Property loaned to you; (4) Personal property in the care, custody' or control .of the insured; (5) That particular part of real property on' which . you. or any contractors or subcontractors working directly or, indirectly on -your behalf are performing operations, � if the "property damage" arises out of hose operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. BUSINESS LIABILITY COVERAGE FORM Paragraphs. (1), ' (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days., A separate Limit of Insurance applies to Damage To Premises Rented To You as described in Section D.- Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3),. (4), (5) and (6) of this exclusion do not apply to, liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed 'equiprrient while not being used to perform operations at a job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". I. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. m. Damage To Your Work "Property damage" to "your work" arising Put of it or any part of it and included in the "products -completed, operations hazard". This exclusion does not apply if the ;damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage` To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your Work'; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and ,accidental physical injury to "your, product" or "your work" after it has been put to its intended use. Form'SS 00 08 04 05 Page 7 of 24 BUSINESS LIABILITY.COVERAGE FORM i o. • Recall Of' Products, Work Or Impaired Property. Damages claimed for ,'any loss, cost or expense incurred by you or others for the loss of use- withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1). Your product'; . (2) "Your work"; or `(3) "Impaired property'; if .such• . product, work, or property is withdrawn or recalled from the market or from. use by ,any ,persons or organization because of a known or suspected defect, deficiency, 'inadequacy' or dangerous condition in it. p.,, .Personal And Advertising Injury "Personal and advertising injury": (1) :.Arising out of.oral, written or electronic publication of material, if done by or at the; direction-, of the insured with knowiedge of its falsity; (2) - Arising..out of oral, written or electronic ,publication, of material whose first publication _took place before the beginning of the policy period; (3) :, Aosing'out of a criminal act committed 1 ' r by or at the direction of the insured; (4) Arising'outof any breach of contract, excepts an; implied contract to use another's,' "advertising idea" in your -',"advertisements'; (5) Arising out -of • the failure of goods, j products - or services to conform with any : statement- of quality or performance 4Tiade in your dvertisement!'; (6) , Arising` out of the 'wrong description of the price of goods, products or services; (7) = Arising out' of . any violation of any intellectual � property rights such as copyright, ,patent, trademark, trade name, trade :secret, service mark or other :..designation of origin or . authenticity. However; , this exclusion does not -apply. toy infringement, in your "advertisement', of (a). Copyright;, (b) 'Slogan, unless the slogan is also ! a trademark, trade name, service ' mark or other designation of origin or authenticity; or Page 8 of (c) Title of any literary or artistic work; (8) -Arising out of an offense committed by an insured whose business is: -(a) Advertising,'' broadcasting, publishing or telecasting; (b)' Designing or determining content of web sites` for others; or (c) An' Internet search, access, content or service provider. - Nowever; this . exclusion does not apply to Paragraphs a., b. and c. ' under th&'definition of "personal and advertising, injury" in Section G. — Liabil.ity.; And .:, IVledical Expenses V Definitions. For the purposes of,this exclusion, _ placing, an, "advertisement" for or linking to others .on your web site, by itself, is not considered the business Of advertising, broadcasting, publishing or telecasting; (9) F ;Arising out of an electronic chat room or bulletin board the insured hosts, owns, orover, which the insured . exercises control; (10) Arising put 4 of, the: unauthorized use of anothers name or product in your e-mail address, .domain name or metatags, or :w any other.. similar tactics to mislead another's potential customers; '(11) Arising out of - the violation of a person's right of privacy created by any state orfederal act. .However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act; (12) Arising out ok • (a) -`An "advertisement" for others on your w6b site;' (b) Placing -a link to a web site of others on your web site; (c) Content from .a web site of others displayed. within a frame or border op,your, web silte. Content includes information, code, sounds, text, graphics or images; or '(d) Computer code, software or programming used to enable: (i) Your website; or (ii) The presentation or functionality of an "advertisements' or other content on your web site; :Form SS 00.08 04 05 (13) Arising out of a violation of any anti- trust law; (14) Arising out of the fluctuation in price or value ,of any stocks, bonds or other securities; or, . (15) Arising out of discrimination or humiliation committed by or at the direction of any "executive officer', director, stockholder, partner or member of the insured. q. Electronic Data Damages arising out of the loss of, loss of use of,' damage to, corruption of, inability to access, or inability to manipulate "electr6ni&dat6". r. Employment -Related Practices "Bodily injury" or "personal and advertising injury" to, (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as I" a' consequence of "bodily injury" or "personal and advertising injury" to the person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer ,or in any other capacity; and .(2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. s. Asbestos (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that BUSINESS LIABILITY COVERAGE FORM .:(a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of'any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order orstatutory or regulatory requirement that any insured or others, test for, monitor, clean up, remove, encapsulate, contain, treat, * detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or '(c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects _of:an "asbestos hazard". t. Violation a Of: Statutes That Govern E - Mails, .Fax, Phone Calls Or Other Methods Of Sending Material Or Information "Bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that • violates' or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), .including any amendment of or addition to such law; (2) The CAN -SPAM Act of 2003, including any amendment'of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN -SPAM Act of 2003, that prohibits or limits the ..,sending"transmitting, communicating or distribution of material or information. Damage To Premises Rented To You — Exception For. Damage By Fire, Lightning or Explosion Exclusions c. through h. and k. through o. do not apply to damage. by fire, lightning or explosion to premises rented to you or temporarilyoccupied'by you with permission of the owner.. A separate Limit of Insurance applies to . this coverage as described in Section D.'- Liability And Medical Expenses Limits Of Insurance. Form SS' 00 08 04 05 Page 9 of 24 �I i `.'--'BUSINESS LIABILITY. COVERAGE FORM 2. Applicable To Medical Expenses Coverage j- Wewill'not pay expenses for "bodily injury": a.. Any Insured j To any insured, except "volunteer workers". b: Hired.Person To a person -hired to do work for or on behalf of any insured or:a.tenant of any insured. c. Injury On Normally Occupied Premises To `a , person injured on that part of premises''you own or rent that the person normally occupies: d. Workers' Compensation And Similar iLaws �To a; person, . whether or not an "employee" of any insured, if benefits for the "bodily injury;' .are payable or must be provided, under a workers' compensation r disability benefits law or a similar law. e. Athletics Activities Tb"'a person injured while practicing, -instructing" r'participatirig in any physical exercises, -.or games, 'sports or athletic contests.• f. Products -Completed Operations Hazard j Included with the' "products -completed operations hazard".- g.. azard" g: Business Liability Exclusions Excluded under Business -Liability Coverage. j C. WHO IS AN .INSURED . 1. If -yo u are designated in the Declarations as: _ a.. An individual,, you and your spouse are insureds, but only' with respect to the conduct of a business of which you are the sole owner. partnersh.'ip or joint venture, you are an j insured. Your members, your partners, and j their spouses are also'insureds, but only with ,respect to the conduct of your business. _ c. A limited, liability company, you are an insured. Your members are'also insureds, but only with respect t6. the conduct of your business. Your managers are insureds, but :only- with respect to- their duties as your managers. d. An `organization other than a partnership, joint yenture'or limited liability company, you i are an insured. 'Your`"executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. Page 10 of e. ,A trust, you are an insured'. Your trustees are also insureds, but -only with respect to their duties as trustees. -2. -,,,Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer'�� workers" only while performing duties -related to the conduct of Your business; or your- "employees", other than either your "executive officers" (if you are an organization other . than a partnership, joint venture.or limited liability company) or your managers (if you are a limited liability company), but only for acts within .the scope of their. employment by t you .or while: performing ;duties related to the conduct of your business. However, none ofthese "employees" or "volunteer wort sirs" are insureds for: (1) "Bodily injury" .or 'personal and ' advertising injury": (a) To you, ., to your partners or members- (if -you are a partnership or joint .venture), to your members (if you are a limited liability company), or to a co -"employee" while .in the course of his or her employment or performing duties related to the conduct of your ,business, . or to your other "volunteer workers" while performing duties related to the 'conduct of your business; (b) To .the spouse, child, parent, brother or - sister of that co "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For'whichAhere is any obligation to share damages with or repay someone else who must pay .'damages because of the injury described in'Paragraphs (1)(a) or (b) above; or (d) Arising out, of his ,or her providing or failing' to provide professional health care services. If you are not 'in the business of providing professional health care services, Paragraph (d) does not apply ` -to any nurse; - emergency medical technician ..or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage underthis provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that'occurred; or' "employees", "volunteer workers", any partner or member (if you are (2)"Personal and advertising injury" a partnership or joint venture), or arising out of an offense.committed any member (if you are a limited .before you acquired. or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any. person (other than your "employee" or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under, any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible -for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured (2) Until your legal representative has with respect to: beeri appointed. a. ."Bodily injury" ,.to a co "employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to, property owned by, only with respect to duties as such. That :rented to,. in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5.- Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible. for the conduct of subsidiary not shown in the Declarations such person is also, an insured, but only with as a named insured does not apply to respect to; liability arising out of the operation injury or damage with respect to which an of the ;watercraft, and only if no other insured, under this insurance is also an insurance of any ,kind is available to that insured under another policy or would be person or organization for this liability. an insured under, such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured`with respect to: limits of insurance. a. "Bodily injury" to a co -" employee" of the 3.. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property' damage" to property owned by, other than..a partnership, joint venture or rented to, in the charge of or occupied by .limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a. Named 6. Additional Insureds When Required By Insured if, there is no other similar insurance Written Contract, • Written Agreement Or available to that organization. However: Permit a. ' Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 i BUSINESS LIABILITY COVERAGE FORM 4 contract, written agreement,,or because of a permit issued by a • state or political subdivision, that such .person or organization be added as. an additional insured on your policy, provided the injury or damage occurs subsequent to the- execution of the contract or agreement, or the issuance of the permit. 'A 'person or organization is an additional insured under this 'provision only for that Period;,,. of time . required by, the .contract, :agreement or. permit. However,: no such person;or organization is an additional. insured' under this -provision if such person or. organization is,: included as an additional insured by anendorsement issued .by us and made a part -:of this Coverage Part, including all:persons--or organizations added as additional insureds under: -,the specific additional insured, coverage grants in Section F. I Optional Additional Insured Coverages. .:.:. a- 'Vendors : .. l Any person(s) or organization(s) (referred to below as Vendor), but only with respect to 1 "bodily injury". or "property damage" arising .r_.out•of "your products", which are distributed for sold in the regular course of the vendor's business_ and, only if this Coverage Part (,provides 'coverage : for . "bodily injury" or property.: damage��. , included within the j "products -completed operations hazard". (1) The insurance afforded to the vendor C is subject to., the following additional i . exclusions: This insurarice:does not apply to: ' (a) "Bodily- � injury" or "property I damage" for which the vendor is '6blig6t6cf-'to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does. not apply to l liability for damags that the vendor. would, have in ,the absence of the -contract or agreement; (b)••'Any express warranty unauthorized by you; . (c) Any 'physical -.or :chemical change in the product made intentionally by the vendor; (d) Repackaging, . ' except ' • when :.=� unpacked solely.forithe purpose of inspection, demonstration, testing, or the substitution of parts under i instructions fromthe manufacturer, 1 and.. then. repackaged in the original container; Page 12 -of 24 I (e) Any, -failure . to make such inspections, adjustments, tests or servicing, as the vendor has agreed Jo make or normally undertakes to make in the usual r •: course of business, in connection with the distribution or sale of the products;: . (f) Demonstration, installation, servicing, or ,repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g)' Products -which, 'after distribution or sale by your, have been labeled or relabeled . or used as a container, -partor ingredient of any other thing or substance by or for the•vendor;,or •(h) "Bodily, injury" or "property damage" arising. out of the sole negligence of the vendor for its own acts or omissions or those of its' 'employees 'or 'anyone else acting on its behalf. However, this exclusion does not apply to: (i).. The exceptions contained in Subparagraphs (d) or (f); or (iifSuch inspections, adjustments, tests or servicing as the vendor has agreed -to make or normally undertakes to make in the usual course ` of business, in connection =with the distribution or sale of the products. ;)i(2) This••insurance• does not apply to any insured • person or organization from whom you have acquired such products, ''or any ingredient,'part or container, entering , into, accompanying or containing such.products. b.I Lessors`Of Equipment (1). Any person or organization from whom you lease 'equipment; but only with -respect to their -liability for "bodily 3 injury "property ...damage" or "personal and. advertising injury" caused, in whole orcin part, by your maintenance; operation's or use of equipment leased, to:•you by such person or organization::. , Form,SS 00 08 04 05 (2) With respect to the insurance afforded to these. additional insureds, this insurance 'does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any "person or organization from whom you .lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply. to: (a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction . or demolition operations. performed by or on behalf of such person or organization: d. Architects, Engineers Or Surveyors (1) Any'architect, engineer, or surveyor, but only with. respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:. (a) In connection with your premises; or (b) In the performance of your ongoing 'operations performed by you or on your behalf. (2)'` With respect to the insurance afforded _to these addfional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or " "personal and advertising injury" arising out of the rendering of or the failure to render -any professional services by or for you, including: (a) The - preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, . surveys, field orders, change orders, . designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. BUSINESS LIABILITY COVERAGE FORM e. Permits Issued' By State Or Political Subdivisions (1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has.issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury." arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products - completed operations hazard". f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage or "personal and advertising injury." caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within 'the "products - completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within. the "products - completed operations hazard". (2) With respect to the insurance afforded . to these -additional insureds, this insurance does not apply to: "Bodily 'injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render,, any professional architectural, engineering or surveying services, including: Form SS 00 0804 05 , Page 13 -of 24 i -BUSINESS'LIABILITY COVERAGE;FORM i (a) The preparing, ` approving, or failure to prepare or approve, maps, :shop . drawings, opinions, reports, surveys, field orders, ...change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or, engineering activities. The limits of: insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this. insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition ,in Section E. - Liability And Medical Expenses General. Conditions.. No 'person -or organization is an insured with respect to the conduct. of.: any. ,current or past partnership, joint venture or, .. limited liability _company.that:is not shown as a Named Insured in the Declarations- D. LIABILITY •AND ; MEDICAL EXPENSES LIMITS OF INSURANCE' 1. The Most•We Will Pay The 'Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of - a. Insureds; b. (Claims made or "suits" brought; or r c.; Persons or organizations making claims or (bringing. "suits". 2. Aggregate Limits i 1hial most vire will pay for: a. ;Damages because of "bodily injury" and "property "damage" included in the "products=completed operations hazard" is j (the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury'; "property damage" or "personal and advertising injury", including medical expenses; is the General Aggregate Limit shown in the Declarations. This :General Aggregate Limit applies ;separately to' each' of your "locations" owned bypr.rented to you. j'Location" means: premises involving the same or connecting lots, or premises whose connection is'interrupted only by a street,roadway or right-of-way of a railroad. I Page 14 of 24 � I This General Aggregate7 limit does not apply to "property damage" to premises while trented to, you or temporarily occupied by: you with permission of the owner, arising out • of fire, lightning or explosion. •3. . Each Occurrence. Limit , Subject to 2.a.. or .,2.b above, whichever applies,. the most we will pay for the sum of all =damages , because of all "bodily injury", "property, damage" and medical expenses arising out of. any "one "occurrence" is the Liability and Medical E_ xpenses Limit shown in the Declarations. -The most we will. pay -for all medical expenses because of "bodily, injury" sustained by any on,person- is, . the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above;' the -most we will pay for the sum of: all damages because of all "personal and advertising injury" sustained by *any one person or organization is the Personal and Advertising •Injury Limit shown in the Declarations..: .. 5., • Damage To,Premises Rented, To You Limit The Damage To, Premises Rented To You • . Limit .is: the most .we will pay under Business Liability Coverage fore damages because of "property damage" to any one premises, while rented to you., -or, in the case of damage by fire, lightning or explosion, while rented to you or temporarilyoccupied byyou with permission of the owner. In. the case of damage, by fire, lightning or explosion, the Damage to Premises Rented To You, Limit. applies to. all damage proximately caused by the same.. event, whether such damage results from fire, lightning or explosion or'any 'combination of these. 6. How Limits Apply To Additional Insureds The most we will pay",on. behalf of a person or organization..'who .is. an additional insured under this Coverage.ParLis the lesser of: a. The, limits of insurance specified in a written. contract, • written agreement or permit .issued;. by a state or political subdivision; or b.' . The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to`the Limits of Insurance shown in the Declarations and described in this Section. Font SS,00.08 04 05 If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this policy and the endorsements is the single, highest limit of liability of all coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than. 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. 'In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY - AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The . Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it, that we are notified as soon as ,.practicable. of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1)' How, when and where the "occurrence" or offense took place; (2) The 'names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the n occurrence or'offense. b. Notice Of Claim If a ..claim is made or "suit" is brought against any insured, you or any additional insured must: .(1),. Immediately record the specifics of the claim or "suit" and the date received; and (2). Notify us as soon as practicable. You or any additional insured must see to it that we receive a written notice of the claim'or "suit" as. soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: '• ' BUSINESS'LIABILITY COVERAGE FORM (1) Immediately send us copies of any demands, •.notices, summonses or legal papers received , in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us.in the investigation, settlement of the claim or defense against the "suit'; and (4) Assist us, upon our request, in the enforcement' of any right against any person or organization that may be liable to the insured because of injury or. damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost No insured will, except at that insured's own cost, voluntarily make 'a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance If we cover a claim or "'suit" under this Coverage Part that may also be covered by 'other - insurance 'available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit'that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and ' b...apply to you or to any additional insured only, when such "occurrence", offense, claim or "suit" is known to: (1) You' or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Anymanager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you, or an additional insured is a corporation; (5) . Any trustee, if you or an additional insured ;is a trust; or (6) Any elected or appointed official, if you or an .additional insured is a political subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS'LIABILITY COVERAGE'FORM This Paragraph . f. applies separately to you.and•any additional insured. 3. • Financial Responsibility Laws a. When this policy is' certifed as proof of financial responsibility fore future under the provisions of any motor vehicle financial -responsibility law; the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with :the provisions of the law to the -,extent of _ the coverage and limits of insurance required by -that law. 4 b. With respect .to "mobile equipment' to j which this.. insurance applies, we will provide any liability,uninsured motorists, underinsured. motorists, no-fault or other coverage.; required by: any motor vehicle law. 1Ne will provide the required limits for those coverages. 4.. LegalfAction:Againsf Us No person. or•.organization • has a right under this: Coverage Form: a. To -join us as a partyor otherwise bring us ,•,into a,' asking for damages from an I, .insured; or. b Tor sue us,on this ,Coverage Form unless c' all of .its terms have -, been fully complied l . with. A person or organization. may sue us to recover i on an agreed settlement or on a final judgment ,against an, insured; but we will not be liable for damages, that are not payable under the terms of this insurance or. that are ; in excess of the applicable limit of., insurance. r An agreed settlement means a: settlement and release of j liability signed by " us, 'the' insured and the claimant 6r the'dairrma.6,6'le:gal representative. 5.,r Separation,Of Insureds Except with respect to. the Limits of Insurance, and any rights or duties specifically assigned in's policy to the first Named Insured, this insurance applies: a.. As ifeach, Named Insured were the only Named Insured; and b...Separately to each insured against whom ' a claim I is made or "suit" is brought. 6. Representations a. When,You-Accept This Policy By accepting this policy, you agree: (1) `-The statements in the Declarations are accurate and complete; •(2) . Those statements are based upon representations you made to us; and (3)1- We have issued this policy in reliance upon your representations. b` `Unintentional `Failure To •. Disclose _.Hazards If uninte ntionally.you should fail to disclose „ all .hazards relating to`the conduct of your business ' at the • inception, ' date . of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If.v, other -..valid and ,_collectible: insurance is available for, 'a,.Aoss we cover .under this Coverage Part, our -,obligations are limited as follows: a. Primary Insurance This insuranceAs'primary except. when b. below.. applies. :If other, insurance is also primary, we will share: with all that other insurance by the method described in c. below. ti. Excess Insurance " ,This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work` `That is' Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; -.,(2) -Premises Rented,To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability` That is: insurance purchased by you to cover 'your- liability as a tenant for "property damage" to.premises rented to you ,or�temporarily occupied by you with permission of the•owner; (4) Aircraft, Auto OrVatercraft If the loss arises out of the maintenance or useibf aircraft, "autos" or watercraft to ''the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage " To Borrowed Equipment Or Use Of Elevators If:_ the loss' arises out of "property damage"' to borrowed equipment or :'the use`of elevators • to the extent not subject to Exclusion -k. of Section A. — Coverages: . Page 16 of 24 : -:Form .SS 00 08 04 05 (6) . When You Are Added As An Additional Insured To Other Insurance That, is other insurance 'available to you covering liability..for damages arising-- out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a.written contract, written agreement or permit that this insurance be primary: If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) ' Primary Arid Non -Contributory To Other 'Insurance When Required By Contract If you . have agreed in a written contract, .written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is 'primary and we will not seek contribution from that other insurance. : Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty. under this Coverage Part to defend. the insured against any "suit" if any other, insurer has.. a duty ;to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights' against all those other insurers. BUSINESS LIABILITY COVERAGE FORM When this insurance is excess. over other insurance, we will pay only ,our share of the amount of the loss, if any, that exceeds the'sum of: (1) The. total amount that all such other insurance would, pay for the loss in the t•. absence of this insurance; and (2) The_ total of all deductible and self - :.insured amounts under all that other insurance. , We will share the remaining'loss, if any, with any other insurance that isnot described in this Excess Insurance provision and was not bought specifically to apply -in excess of the Limits • of _ Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing 'If all the other insurance permits contribution by equal'shares, we will follow this method also. Under this approach, each insurer contributes equal amounts • until it has paid 'its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits.' Under this method, each insurer's share is based on the ratio of its applicable. limit -of insurance to the total applicable limits of insurance, of all insurers. 8. Transfer Of Rights Of, Recovery Against Others To Us a. Transfer Of:Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage- Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or :transfer those. rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b., Waiver Of Rights Of: Recovery (Waiver Of Subrogation) If the -insured has waived any rights of recovery against- any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form :SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY -COVERAGE FORM 'F. OPTIONAL- -ADDITIONAL INSURED COVERAGES- If OVERAGESIf listed or shown as applicable in the Declarations, j one or more of the following Optional Additional Insured Coverages also apply. When any of these `Optional Additional' Insured Coverages apply, Paragraph' 6." (Additional Insureds When Required by Written;Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the - person or organization shown in the Declarations.. These coverages are subject to the terms :and: conditions,, applicable to Business Liability .:Coverage- in__ this policy, except as provided below 1 1.Additional Insured Designated Person Or -,Organization WHO IS AN''INSURED, under Section C. is amended to, include as an additional insured the person(s)..or organization(s) shown in the Declarations, but only,. with: respect to liability for, "bodily injury,"; ..,"property damage" or "personal and advertising .injury" caused, in whole or in part, by your acts, or omissions or the acts. orromissions of those acting on your behalf: Iv a. ]n ,thee performance -of. your ongoing operations-, or • . b. "In `connection -:with your. premises owned t'.:,by.or rented toy ou. 2. Additional Insured - Managers Or Lessors - Of Premises. ," a. WHO IS AN INSURED under°Section C. is amended' to include as an additional insured :the persons) ororganization(s) shown in the Declarations as an Additional Insured - Designated Person Or Organization; but only With respect to liability arising out of the ownership, maintenance or use of that part of ,the.Dremises leased to you and shown in the Declarations. , = b.- -With respect to the -insurance afforded to these additional insureds, .the following additional exclusions apply: This -insurance does not apply to: (1) Any "occurience''which takes place after.you cease to -be a tenant in that premises; or (2) Structural `alterations, new ` construction or demolition operations performed by oe on behalf of such person or organization. Page 18.of 24 .3. .Additional -Insured -Grantor Of Franchise WHO ' IS AN INSURED rider Section C. is amended to includ i as an additional insured --the. per'son(s)'or- organizations) shown in the Declarations_. as an :Additional Insured - Grantor Of Franchise',, but only with respect to Jheir liability, as grantor of franchise to you. 4. Additional` Insured . Lessor Of Leased Equipment a. WHO IS AN INS"U'ktb under Section C. is amended to include as, an additional insured the person(si) or organization(s) shown in the Declarations as an Additional Insured— Lessor of. Leased Equipment, but only .with respect to liability for "bodily injury",. "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of. equipment, leased to you by such person(s) or organization(s). b.,. With,respect to,the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes 'after you cease to lease that equipment. 5.. ',:Additional_ ;Insured - Owners Or Other Interests From Whom Land Has Been Leased a. :WHO ISHAN INSURED under Section C. is amended to•i include as an additional insured, the persons) or organization(s) shown in -the Declarations as an Additional Insured - Owners.Or Other Interests From Whom Land Has Been Leased, but only with' respect to liability arising out of the ownership, maintenance or use of that part of the land leased° to you and shown in the Declarations. b.: With respect to the insurance afforded to these additional insureds, the following additiional.exclusions apply: This insurance.does not apply to: (1) Any: "occurrence" that takes place after you .cease to lease that land; or "(2) Structural alterations, new construction or demolition operations performed by or. on,: behalf of such person. or, organization. 6.' Additional 'Insured - State Or Political Subdivision– Permits- a. WHO 1S AN INSURED'under Section C. is amended 'to `include' as an additional ` insured, the state or political subdivision shown it t6 Declarations as an Additional Form,SS 00 08,04 05 Insured State Or Political Subdivision - Permits, but only with respect to operations performed by you -or -on your behalf for which the state or political subdivision has issued a permit. b. With respect to the insurance afforded to -these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury",, "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included in the "product -completed operations" hazard. 7. Additional Insured —Vendors; a b WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) (referred to below as vendor) shown in the Declarations as an Additional Insured - Vendor, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "Products -completed operations hazard". The 'insurance afforded to the vendor is subject to the following additional exclusions: (1) This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in' a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the, product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, BUSINESS LIABILITY COVERAGE FORM (e) Any" failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,, in connection with the distribution or -sale of the products; (f) , Demonstration, installation, servicing or . repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; . (g) Products which, after distribution or sale by you, have been labeled or- relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole .negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in 'Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,••in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured _ Controlling Interest WHO IS 'AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarationsas an. Additional Insured — Controlling Interest, but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. Form SS' 00 08 04 05 . Page 19 of 24 .. BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural alterations, new construction and demolition operations .performed by or for that person or organization. 9. Additional Insured, - Owners, Lessees Or Contractors • Scheduled Person Or Organization a. WHO 1S AN1NSURED under Section C. is amended to include as an additional insured the 'person(s) or organization(s) shown in the Declarations as an Additional Insured - Owner, Lessees Or Contractors, but only with respect to liability for "bodily injury", "property damage" or "personal and,advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. (1) In the performance of your ongoing operations - 'for,. the additional insured(s); or (2) In connection with "your work" performed -for that additional insured :and included within the "products - completed operations hazard", but only • if this Coverage Part provides coverage. for "bodily injury" or "property damage" included within the "products -completed operations hazard". :b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury", "property damage" or "personal an advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, .including: (1) The preparing, approving, or failure to prepare or.. approve, maps, shop drawings, opinions, reports, surveys, field orders; change orders, designs or drawings and, specifications; or (2) Supervisory, inspection;;. architectural or. engineering activities.. 10. Additional Insured - Co -Owner Of Insured Premises ' - WHO IS ANS INSURED under Section C. is amended to include' as an additional insured the person(s)-or,Org'anization(s) shown in the Declarations as an. Additional Insured - Co - Owner Of Insured Premises, but only with respect,, to their. ,liability as co-owner of the premises shown in the Declarations. ='I ' Page 20 of 24 The -limits of insurance that- apply to additional insureds- are described in Section D. - Limits Of Insurance-., How this insurance 'appiie's when' other insurance is available to an additional insiured is described in the Other Insurance Condition in Section E. - Liability And Medical Expenses General Conditions..., G. LIABILITY AND -MEDICAL EXPENSES DEFINITIONS. 1'. ''Advertisement" means the widespread public dissemination of information or images that has the -purpose of inducing the sale of goods, products' or services through:" a., (1) Radio;: (2) Television; ` (3) Billboard; (4) Magazine;' (5) Newspaper;,, b. The Internet,. but only that part of a web site' that is about goods, products or services for. the-, purposes of inducing the sale of goods, products or services; or c. Any other", publication that is given widespread public distriibution. However; "advertisement"..ci.oes not include: a. :The design,. -printed.. material, information or images contained in, on or upon the packaging or labeling .of any goods or products; or . b. An interactive conversation between or among persons through a computer network. "S 2. „ "Advertising idea" means any idea for an "advertisement". 3. ,"Asbestos .hazard" means an exposure or threat of •exposure;, to the actual or alleged properties of .asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semi -trailer designed for travel on public roads, including .any attached machinery or equipment. • But..."auto" does not include "mobile equipment". .5. "Bodily injury" means physical: a. Injury; b: Sickness; or" c. Disease sustained by a.person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" •• means: .Form SS'00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. -: The United States of America (including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property'can be restored to use by: b. International waters or airspace, but only if a. The repair,replacement, adjustment or the injury or damage occurs in the course removal of ."your product" or "your work"; of travel or transportation between any or places included in a. above; b. Your fulfilling the. terms of the contract or c. All other parts of the world if the injury or agreement. damage arises out of: 12. "Insured contract".means; (1) Goods or products made or sold by you in the territory described=in a. above; a. A contract. for a lease of premises. However, that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any is' in the territory described in a. person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business; or rented to you or temporarily occupied by (3) "Personal and advertising injury" you.. with. permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D. -Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement; America ' (including its territories and c. Any easement or. license - agreement, possessions), Puerto. Rico or Canada, in a including an easement or license "suit" on the merits according to. the agreement in connection with construction substantive law in ' such territory, or in a or demolition operations on or within 50 settlement we agree to. feet•of a railroad; 7. "Electronic data" means information, facts or d. Any obligation', as required by ordinance, programs: to, indemnify a municipality, except in a. Stored as or on;' connection with work for a municipality; b.. Created or used on; or le. An elevator maintenance agreement; or c. Transmitted to or from f. That, part of 'any other contract or computer software, including systems and agreement pertaining to your business applications • software, . hard or floppy disks, (including an indemnification of a CD-ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the .tort liability of another equipment. party to pay_ for. "bodily injury" or "property 8. "Employee" includes a "leased worker". damage" to a third person or organization, "Employee" does: not include a "temporary provided the "bodily injury" or "property worker". damage" is caused, in whole or in part, by you or by those on your behalf. „ 9. Executive 'officer means a person holding =acting Tort liability means a liability that would be any of the officer positions created by your imposed by. law in the absence of any charter, constitution,,. by-laws or any other contract or agreement_ similar governing document. Paragraph f. includes that part of any 10: "Hostile fire" means one which becomes � � � contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for - "bodily injury" or "property intended to be. = damage" arising out of construction or 11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than, -"your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road -beds, tunnel, a. It incorporates "your product' or "your work" underpass or crossing: that is known or thought to be defective, However, Paragraph . f.: does not include deficient, inadequate or dangerous; or that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY. COVERAGE FORM (1), That indemnifies an' architect, engineer..,,,or.!surveyor for injury or damage .a nsing. out, of: (a) .Preparing,,'approving or failing to prepare or. approve maps, shop drawings, opinions, reports, surveys, . field orders, change orders, designs or drawings and spec cations; or (ti) Giving ' directions or instructions, or failing, to- give them,_ if that is the primary' cause of the injury or damage; or ' (2) Under `'which' the. insured, if an architect; engin eer• ` or surveyor, assumes liability -for an injury or ' damage 'arising out of the insured's renderingor failure to render professional services, including those listed' in` (1) above and supervisory, inspection, architectural or engineering -activities. -13. "Leased worker": means a person leased to you by 'a. labor leasing: -,firm under an agreement: between you -and. the labor leasing firm; to perform duties related..to the conduct of your business. "Leased:�worker' does not include a "temporary worker". 14. "Loading or unloading" means the handling of :,property; a: After it is. moved from .the place where it is accepted.- fora movement into. or onto an aircraft, watercraft or."auto'; b._ While -itis in or on an aircraft, watercraft or "auto or ' c: While it W being moved from an aircraft, Watercraft or "auto" to the place where it is finally delivered; ` but. "loading or unloading" 'does not include the movement of properly by means of a mechanical device, , other .than a; hand truck, that is not attached to-the.aircraft; waterdaft or "auto". f, r• 15. "Mobile equipment" means any of the following types of land,:vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b'. Vehicles maintained for use solely on or next to premises you own or rent; c: Vehicles that1travel on crawler treads; d. Vehicles, whether -self-propelled or not, on which are permanently mounted: Page 22 of 24 (1)! ­ Power - cranes,,, .shovels, loaders, diggers or drills;, or (2) Road construction or resurfacing ._ equipment=such: as graders, scrapers :.,or rollers, e: Vehicles not described in a., b., c.; or d. above that are not self-propelled and are maintained• primarily, to provide mobility to permanently . attached equipment of the following. types: (1) ' Air ,,- compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well:servicing.equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; J. .Vehicles:not described in a., b., c., or d. above maintained primarily for purposes other than the,transportation of persons or cargo.. . However, self-propelled vehicles with the :following types of, permanently attached equipment are .not "mobile equipment" but will be considered "autos":: - (1) Equipment, of at least 1;000 pounds gross vehicle.; weight; designed primarily for: (a) Snow removal; .> (b) Road • maintenance,: but not construction or resurfacing; or (c) Street cleaning;.: - (2) Cherry pickers � and }similar devices mounted : on automobile or truck chassis, and used to -raise or lower Workers;- and (3) Air compressors, pumps and generators, including= spraying, welding, building cleaning, geophysical exploration, lighting and well servicing ,equipment.. 16: "Occurrencemeans an. accident, including continuous or repeatedexposure to substantially the same general harmful conditions. _17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detentiorror imprisonment; b.. Malicious prosecution; :::,F Form SS'00 0804 05 c. The wrongful eviction from, wrongful entry into; or invasion of the right of private occupancy . of a room, dwelling or premises that the person occupies, committed. by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e... -Oral, written or electronic publication of material that' violates a person's right of privacy; • . f. Copying, in your "advertisement", a person's, or . organization's "advertising idea". or style of "advertisement' g. Infringement of copyright, slogan, or title of any literary.. or artistic work, in your "advertisement"; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard'; a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. BUSINESS LIABILITY COVERAGE.FORM Work that may need service, maintenance, correction, repair or , replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created: by the "loading or unloading" of that vehicle by any insured; or (2) The existence . of tools, uninstalled equipment. or abandoned or unused materials. 20. "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 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 "occurrence" that caused it. As used in this definition, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are 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'; Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY:COVERAGE FORM 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 byyou -or Lanyone else for .,their work performed for you. --'�- 24: "Your•product"`. a. s Means.:. (1) Any goods or -.products, other than real property, -manufactured, sold, handled, distributed or disposed of,by: (a). yo } (b). Others.,trading under your name; ;., or . (c) A person': "or organization whose business or assets you have ' acquired; ands (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 . Page 24,of 24 (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other propegt rented to or located for the use of others but not sold'.- 25. old:25. "Your work": a. Means: ! (1) Work or,operations performed by you or_on:your behalf; and,. (2) .-Materials, . parts :: , or , ,, equipment furnished in connection with such work or operations..,`_.,... .b. Includes:. ` (1) Warranties ,or representations made at any' time with respect to the fitness, „quality,' durability, performance or use :4 of "your work'%- and (2) The providing of iii failure to provide 1 wamings or instructions. . .Form SS'00 08 04 05