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HomeMy WebLinkAboutCERT-1363805784 Jet HeatingSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 9/28/2021 Carlson &Associates2601JahnAveNWSuite A1GigHarborWA98335 Betsy Hytinen 253-851-8831 x109 253-851-8832 Betsy@carlsonassociatesins.com Tri-State Insruance Company of 31003 JETHEAT-01 Jet Heating And Cooling LLC80011thSTREETBremertonWA98337 1363805784 A X 1,000,000 X 300,000 10,000 1,000,000 2,000,000 X Y Y ADV6048357-20 9/25/2021 9/25/2022 2,000,000 A 1,000,000 X ADV6048357-20 9/25/2021 9/25/2022 A X X 1,000,000ADV6048357-20 9/25/2021 9/25/2022 1,000,000 A ADV6048357-20 9/25/2021 9/25/2022 X WA STOP GAP 1,000,000 1,000,000 1,000,000 CITY OF BREMERTON IS AN ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT.COVERAGE WILL BE PRIMARY ANDNON-CONTRIBUTORY AND WAIVER OF SUBROGATION APPLIES.ALL COVERAGE IS SUBJECT TO THE ATTACHED FORMS. CITY OF BREMERTON3456THSTREETBREMERTONWA98337 COMMERCIAL GENERAL LIABILITY CL CG 01 14 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CL CG 01 14 09 16 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION (ADDITIONAL INSURED) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph (v) is added to Paragraph (1)(a) of Paragraph b. Excess Insurance under Paragraph 4. Other Insurance of Section IV – Commercial General Liability Conditions, as follows: (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (v) That is available to any person or organization who has been added as an additional insured to this policy by endorsement. However, with respect to an additional insured added by endorsement for liability caused, in whole or in part: 1. By your acts or omissions, or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; or (b) In connection with your premises; 2. By your maintenance, operation or use of equipment leased to you by such person or organization; or 3. By “your work” performed for that additional insured and included in the “products-completed operations hazard”; this insurance shall be primary to and will not seek contribution from the additional insured’s own insurance if you and such additional insured have agreed prior to loss in a written contract or written agreement, in effect during this policy period, that this insurance be primary and noncontributory as respects liability described in Subparagraph (1)(a)(v)1., (1)(a)(v)2. or (1)(a)(v)3. above. However, this insurance, in all cases, is excess over any other liability insurance available to the additional insured to which such person or organization has been added as an additional insured. <!-Bookmark:PRIMARY AND NONCONTRIB - OTHER INS_CL CG 01 14_09/16:EndBoomark-!> COMMERCIAL GENERAL LIABILITYCL CG 04 92 10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 8 GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Provision Name Of Coverage Extension Included or Limit of Insurance A.Miscellaneous Additional Insureds Included B.Expected Or Intended Injury Or Damage Included C.Knowledge Of Occurrence Included D.Legal Liability –Damage To Premises Rented To You (Fire, Lightning,Explosion, Smoke,Or Leakage From Automatic Fire Protective Systems)$300,000 E.Medical Payments See Declarations F.Mobile Equipment Redefined Included G.Newly Formed Or Acquired Organization,Partnership Or Limited Liability Company And Extended Period Of Coverage Included H.Who Is An Insured –Amendment Included I.Non-Owned Watercraft (Increased to maximum length of less than 51 feet) Included J.Supplementary Payments –Increased Limits 1.Bail Bonds $ 3,000 2.Loss Of Earnings $ 1,000 K.Unintentional Omission Or Unintentional Error In Disclosure Included L.Waiver Of Transfer Of Rights Of Recovery Against Others Included M.Liberalization Clause Included N.Incidental Medical Malpractice Included The above is a summary only. Please consult the specific provisions that follow for complete information on theextensions provided. The provisions of the Commercial General LiabilityCoverage Part apply except as otherwise provided in this endorsement.This endorsement applies only ifsuch Coverage Part is included in this policy. A.MISCELLANEOUS ADDITIONAL INSUREDS 1.Section II –Who Is An Insured is amended to include as an insured any person ororganization (referred to as an additional insured below) described in ParagraphsA.1.c.(1)through A.1.c.(9)below when you and such person or organization have agreed in writing in a contract or agreement that suchperson or organization be added as an additional insured on your policy, providedthat: a.The written contract or written agreementis: (1)Currently in effect or becomingeffective during the term of this policy; and (2)Fully executed by you and the additional insured prior to the "bodily <!-Bookmark:GL ULTRA PLUS ENDORSEMENT_CL CG 04 92_10/18:EndBoomark-!> CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 8 injury", "property damage" or"personal and advertising injury". b.The insurance afforded by this provisiondoes not apply to any person or organization included as an additionalinsured by a separate endorsement issued by us and made a part of this policyor coverage part. c.Only the following persons ororganizations are additional insureds under this provision, with coverage forsuch additional insureds limited as provided herein: (1)Persons or Organizations For Whom Operations Are Performed (a)Any person or organization for whom you are performingoperations when you and such person or organization haveagreed in writing in a contract or agreement that such person ororganization be added as an additional insured to your policy;and (b)Any other person or organizationyou are required to add as an additional insured under thecontract or agreement described in paragraph (a)above. (c)Such person(s) or organization(s) is an additional insured only withrespect to liability for "bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by: (i)Your acts or omissions; or (ii)The acts or omissions ofthose acting on your behalf; in the performance of your ongoingoperations for the additional insured. (d)With respect to the insuranceafforded to these additional insureds,the following additionalexclusions apply: This insurance does not apply to: (i)"Bodily injury","property damage" or "personal andadvertising injury" arising out of the rendering of, or thefailure to render, any professional architectural,engineering or surveying services, including: (1.1)The preparing,approving,or failing to prepare or approve,maps, shopdrawings, opinions,reports, surveys, field orders,change orders or drawings and specifications; or (1.2)Supervisory, inspection, architectural or engineeringactivities. This exclusion applies even if theclaims against any insured allege negligence or other wrongdoing in thesupervision, hiring, employment, training or monitoring of others by thatinsured, if the "occurrence" which caused the "bodily injury" or "propertydamage", or the offense which caused the "personal and advertisinginjury", involved the rendering of, or the failure to render, any professionalarchitectural, engineering or surveying services. (ii)"Bodily injury" or "property damage" occurring after: (1.1)All work, including materials, parts orequipment furnished in connection with suchwork, on the project (other than service,maintenance or repairs) to be performed by or onbehalf of the additional insured(s) at the locationof the covered operations has been completed; or (1.2)That portion of "your work" out of which theinjury or damage arises has been put to itsintended use by any person or organizationother than another contractor orsubcontractor engaged in performing operations fora principal as a part of the same project. (2)Managers Or Lessors Of Premises A manager or lessor of premises butonly with respect to liability arising out of the ownership, maintenance or useof that part of the premises leased to CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 8 you and subject to the followingadditional exclusions: This insurance does not apply to: (a)Any "occurrence" which takes place after you cease to be atenant in that premises. (b)Structural alterations, newconstruction or demolition operations performed by or onbehalf of such additional insured. (3)Mortgagee, Assignee Or Receiver A mortgagee, assignee, or receiver but only with respect to their liabilityas mortgagee, assignee, or receiver and arising out of the ownership,maintenance, or use of a covered premises by you. This insurance does not apply to structural alterations, newconstruction or demolition operations performed by or on behalf of suchadditional insured. (4)Owners Or Other Interests FromWhom Land Has Been Leased An owner or other interest from whomland has been leased to you but only with respect to liability arising out ofthe ownership, maintenance or use of that part of the land leased to you andsubject to the following additional exclusions: This insurance does not apply to: (a)Any "occurrence" which takesplace after you cease to lease that land. (b)Structural alterations, new construction or demolitionoperations performed by or on behalf of such additional insured. (5)Lessor Of Leased Equipment Any person(s) or organization(s) fromwhom you lease equipment but only with respect to liability for "bodilyinjury","property damage" or "personal and advertising injury"caused, in whole or in part, by your maintenance, operation or use ofequipment leased to you by such person(s) or organization(s). A person’s or organization’s status as an additional insured under thisendorsement ends when their written contract or written agreement withyou for such leased equipment ends. This insurance does not apply to any"occurrence" which takes place after the equipment lease expires. (6)State, Municipality, GovernmentalAgency Or Subdivision Or OtherPolitical Subdivision –Permits Or Authorizations Relating ToPremises Any state, municipality, governmentalagency or subdivision or other political subdivision subject to thefollowing additional provisions: (a)This insurance applies only withrespect to: (i)The following hazards forwhich the state, municipality, governmental agency orsubdivision or other political subdivision has issued apermit or authorization in connection with premises youown, rent or control and to which this insurance applies: (1.1)The existence, maintenance, repair,construction, erection or removal ofadvertising signs, awnings, canopies,cellar entrances, coal holes, driveways,manholes, marquees, hoist away openings,sidewalk vaults, street banners or decorationsand similar exposures; or (1.2)The construction, erection or removal ofelevators; or (1.3)The ownership,maintenance or use of any elevators coveredby this insurance. (ii)Operations performed by youor on your behalf for which the state, municipality,governmental agency or subdivision or other politicalsubdivision has issued a permit or authorization. CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 4 of 8 (b)This insurance does not apply to"bodily injury", "property damage" or "personal and advertisinginjury" arising out of operations performed for the state,municipality, governmental agency or subdivision or otherpolitical subdivision. (7)Controlling Interest Any person(s) or organization(s) with a controlling interest in the NamedInsured but only with respect to their liability arising out of: (a)Their financial control of you; or (b)Premises they own, maintain orcontrol while you lease or occupy these premises. This insurance does not apply to structural alterations, newconstruction or demolition operations performed by or for such person(s) ororganization(s). (8)Co-Owner Of Insured Premises A co-owner of a premises co-owned by you and covered under thisinsurancebut only with respect to the co-owner’s liability as co-owner ofsuch premises. (9)Vendors (a)Any person(s) or organization(s) (referred to as vendor), but onlywith respect to "bodily injury"or "property damage"arising out of"your products"which are distributed or sold in the regularcourse of the vendor’s business. The insurance afforded thevendor does not apply to: (i)"Bodily injury" or "propertydamage" for which the vendor is obligated to paydamages by reason of the assumption of liability in awrittencontract or written agreement. This exclusiondoes not apply to liability for damages that the vendorwould have in the absence of the written contract or writtenagreement; (ii)Any express warrantyunauthorized by you; (iii)Any physical or chemicalchangein the product made intentionally by thevendor; (iv)Repackaging, except whenunpacked solely for the purpose of inspection,demonstration, testing, or the substitution of parts underinstructions from the manufacturer, and thenrepackaged in the original container; (v)Any failure to make such inspections, adjustments,tests or servicing as the vendor has agreed to makeor normally undertakes to make in the usual course ofbusiness, in connection with the distribution or sale of theproducts; (vi)Demonstration,installation,servicing or repair operations, except suchoperations performed at the vendor's premises inconnection with the sale of the product; (vii)Products which, after distribution or sale by you,have been labeled or relabeled or used as acontainer, part or ingredient of any other thing orsubstance by or for the vendor; or (viii)"Bodily injury" or "property damage" arising out of thesole negligence of the vendor for its own acts or omissionsorthose of its employees or anyone else acting on itsbehalf. However, this exclusion does not apply to: (1.1)The exceptions contained in Sub-paragraphs (iv)or(vi); or (1.2)Such inspections, adjustments, tests orservicing as the vendor has agreed tomake or normally undertakes to make CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 5 of 8 in the usual course ofbusiness, in connection with thedistribution or sale of the products. (b)This insurance does not apply to any insured personor organization, from whom you have acquired products,or any ingredient, part or container,entering into,accompanying or containing such products. 2.With respect to coverage provided by this Provision A. Miscellaneous AdditionalInsureds, the following additional provisions apply: a.Any insurance provided to an additional insured designated under ParagraphsA.1.c.(1)through A.1.c.(8)above does not apply: (1)To "bodily injury"or "property damage"included within the"products-completed operations hazard"; or (2)To "bodily injury","property damage" or "personal and advertising injury"arising out of the sole negligence of such additional insured. b.The insurance afforded to such additional insured only applies to the extentpermitted by law. c.The insurance afforded to such additionalinsured will not be broader than that which you are required to provide by the writtencontract or written agreement. 3.With respect to the insurance afforded to theadditional insureds within this Provision A.Miscellaneous Additional Insureds, thefollowing is added to Section III –Limits OfInsurance: The most we will pay on behalf of the additional insured is the amount of insurance: a.Required by the written contract or written agreement; or b.Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase theapplicable Limits Of Insurance shown in the Declarations. B.EXPECTED OR INTENDED INJURY ORDAMAGE Exclusion 2.a. Expected Or Intended Injury ofSection I –Coverage A –Bodily Injury AndProperty Damage Liability is deleted andreplaced by the following: a.Expected Or Intended Injury Or Damage "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 ofreasonable force to protect persons or property. C.KNOWLEDGE OF OCCURRENCE Paragraph 2.a. Duties In The Event OfOccurrence, Offense, Claim Or Suit of SectionIV–Commercial General Liability Conditionsis deleted and replaced by the following: a.You must see to it that we are notified as soonas practicable of an "occurrence" or an offense which may result in a claim only whenthe"occurrence"or offense is known to: (1)You, if you are an individual; (2)A partner, if you are a partnership; (3)A manager, if you are a limited liabilitycompany; or (4)An "executive officer"or the "employee"designated by you to give such notice, if you are an organization other than apartnership or a limited liability company. To the extent possible, notice should include: (i)How, when and where the "occurrence" or offense took place; (ii)The names and addresses of any injured persons and witnesses; and (iii)The nature and location of any injury or damage arising out of the "occurrence" oroffense. D.LEGAL LIABILITY –DAMAGE TO PREMISESRENTED TO YOU (Fire, Lightning, Explosion,Smoke, Or Leakage From Automatic FireProtective Systems) If damage to premises rented to you is nototherwise excluded from this policy or coverage part, then the following provisions apply: 1.Under Section I –Coverage A –BodilyInjury And Property Damage Liability, thelast paragraph (after the exclusions) is deleted and replaced by the following: CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 6 of 8 Exclusions c.through n.do not apply todamage by fire, lightning, explosion, "smoke", or leakage from automatic fire protectivesystems to premises while rented to you or temporarily occupied by you with thepermission of the owner. A separate limit of insurance applies to this coverage asdescribed in Section III –Limits Of Insurance. 2.The paragraph immediately after Sub- paragraph j.(6)of Paragraph 2. Exclusions ofSection I –Coverage A –Bodily Injury AndProperty Damage Liability is deleted andreplaced by the following: Paragraphs (1),(3)and (4)of this exclusiondo not apply to "property damage" (other than damage by fire, lightning, explosion, "smoke",or leakage from automatic fire protective systems) to premises,including the contentsof such premises, rented to you for a period of seven or fewer consecutive days. A separatelimit of insurance applies to Damage To Premises Rented To You as described inSection III –Limits Of Insurance. 3.Paragraph 6.of Section III –Limits OfInsuranceis deleted and replaced by the following: 6.Subject to Paragraph 5.above, the greater of: a.$300,000; or b.The Damage To Premises Rented ToYou Limit shown in the Declarations, is the most we will pay under Coverage Afor damages because of "property damage" to premises while rented to you,or in the case of damage by fire, lightning, explosion, "smoke",or leakage fromautomatic fire protective systems, while rented to you or temporarily occupied byyou with permission of the owner. This limit will apply to all damageproximately caused by the same event, whether such damage results from fire,lightning, explosion, "smoke", leakage from automatic fire protective systems, orother covered causes of loss or any combination thereof. 4.Subparagraph b.(1)(a)(ii)of Paragraph 4.Other Insurance of Section IV –Commercial General Liability Conditions is deleted and replaced by the following: (ii)That is fire, lightning, explosion, "smoke" or leakage from automatic fire protectivesystems insurance for premises rented to you or temporarily occupied by you withpermission of the owner; 5.Subparagraph a.of Definition 9."Insuredcontract" of Section V –Definitions is deleted and replaced by the following: a.A contract for a lease of premises. However, that portion of the contract for alease of premises that indemnifies any person or organization for damage by fire,lightning, explosion, "smoke" or leakage from automatic fire protective systems topremises while rented to you or temporarily occupied by you withpermission of the owner is not an "insured contract". 6.As used in this Provision D. Legal Liability –Damage To Premises Rented To You: "Smoke" does not include smoke from agricultural smudging, industrial operations or"hostile fire". E.MEDICAL PAYMENTS The Medical Expense Limit is changed, subject to the terms of Section III –Limits Of Insurance, tothe Medical Expense Limit shown in the Declarations. F.MOBILE EQUIPMENT REDEFINED Subparagraph f.(1)of Definition 12."Mobileequipment" of Section V –Definitions is deleted and replaced by the following: (1)Equipment with a gross vehicle weight of 1,000 pounds or more and designed primarilyfor: (a)Snow removal; (b)Road maintenance, but not construction or resurfacing; or (c)Street cleaning; G.NEWLY FORMED OR ACQUIREDORGANIZATION, PARTNERSHIP OR LIMITEDLIABILITY COMPANY AND EXTENDEDPERIOD OF COVERAGE Paragraph 3.of Section II –Who Is An Insuredis deleted and replaced by the following: 3.Any organization you newly acquire or form,other than a joint venture, and over which you maintain ownership or: a.Majority interest of more than 50% if you are a corporation; b.Majority interest of more than 50% as a general partner of a newly acquired orformed partnership; and/or CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 7 of 8 c.Majority interest of more than 50% as anowner of a newly acquired or formed limited liability company; will qualify as a Named Insured if there is no other similar insurance available to thatorganization. However, for these organizations: (i)Coverage under this provision is afforded only until the next anniversary date of thispolicy’s effective date after you acquire or form the organization, partnership orlimited liability company, or the end of the policy period, whichever is earlier; (ii)Section I –Coverage A –Bodily Injury And Property Damage Liability does notapply to "bodily injury"or "property damage"that occurred before youacquired or formed the organization, partnership or limited liability company; (iii)Section I –Coverage B –Personal And Advertising Injury Liability does notapply to "personal and advertising injury" arising out of an offense committed beforeyou acquired or formed the organization, partnership or limited liability company; (iv)Coverage applies only when operations of the newly acquired organization,partnership or limited liability company are the same or similar to the operations ofinsuredsalready covered under this insurance; (v)Coverage only applies for those limited liability companies who have establisheda date of formation as recorded within the filed state articles of organization,certificates of formation or certificates of organization; and (vi)Coverage only applies for those partnerships who have established a dateof formation as recorded within a written partnership agreement or partnershipcertificate. H.WHO IS AN INSURED –AMENDMENT The last paragraph of Section II –Who Is AnInsuredis deleted and replaced by the following: No person or organization is an insured with respect to the conduct of any: a.Current partnership or limited liability company, unless otherwise provided for underParagraph3.of Section II –Who Is AnInsured; b.Current joint venture; or c.Past partnership, joint venture or limitedliability company; that is not shown as a Named Insured in theDeclarations. I.NON-OWNED WATERCRAFT Subparagraph (2)of Exclusion 2.g. Aircraft,Auto Or Watercraft of Section I –Coverage A –Bodily Injury And Property Damage Liability is deleted and replaced by the following: (2)A watercraft you do not own that is: (a)Less than 51 feet long; and (b)Not being used to carry persons or property for a charge. J.SUPPLEMENTARY PAYMENTS –INCREASED LIMITS Section I –Supplementary Payments –Coverages A And B is changed as follows: 1.The limit shown in Paragraph 1.b.for the cost of bail bonds is changed from $250 to $3,000;and 2.The limit shown in Paragraph 1.d.for loss ofearnings because of time off from work is changed from $250 a day to $1,000 a day. K.UNINTENTIONAL OMISSION ORUNINTENTIONALERRORIN DISCLOSURE The following provision is added to Paragraph 6.Representations of Section IV –CommercialGeneral Liability Conditions: However, the unintentional omission of, orunintentional error in, any information given or provided by you shall not prejudice your rightsunder this insurance. This provision does not affect our right to collectadditional premium or to exercise our right of cancellation or non-renewal. L.WAIVER OF TRANSFER OF RIGHTS OFRECOVERY AGAINST OTHERS The following is added to Paragraph 8. TransferOf Rights Of Recovery Against Others To Us ofSection IV –Commercial General LiabilityConditions: We waive any right of recovery we may have against any person or organization because ofpayments we make for injury or damage arising out of your ongoing operations or "your work" andincluded in the "products-completed operations hazard"when you have agreed in a writtencontract or written agreement that any right of recovery is waived for such person ororganization. This waiver applies only to the CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 8 of 8 person(s) or organization(s) agreed to in thewritten contract or written agreement and is subject to those provisions. This waiver does not apply unless the written contract or written agreement has been executedprior to the "bodily injury" or "property damage". However, if any person or organization isseparately scheduled on a separate waiver of transfer of rights of recovery which is attached tothis policy, then this waiver does not apply. M.LIBERALIZATION CLAUSE The following is added to Section IV –Commercial General Liability Conditions: If we adopt a mandatory attachment form change which broadens coverage under this edition of theCommercial General Liability CG0001 for no additional charge, and those changes areintended to apply to all insureds under this edition of CG0001, that change will automatically apply toyour insurance as of the date we implement the change in your state. This liberalization clausedoes not apply to changes implemented through introduction of a subsequent edition of theCommercial General Liability form CG0001. N.INCIDENTAL MEDICAL MALPRACTICE 1.Paragraph 2.a.(1)(d)of Section II –Who IsAn Insured does not apply to a physician,nurse practitioner, physician assistant, nurse, emergency medical technician or paramedicemployed by you if you are not in the business or occupation of providing medical,paramedical, surgical, dental, x-ray or nursing services. 2.This provision is excess over any other valid and collectible insurance whether suchinsurance is primary, excess, contingent or on any other basis. Any payments by us willfollowParagraph4.b.of Section IV –Commercial General Liability Conditions. COMMERCIAL GENERAL LIABILITY CL CG 05 29 10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CL CG 05 29 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 GENERAL LIABILITY ULTRA PLATINUM ENHANCEMENT COVERAGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM CONTRACTORS’ COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT GENERAL LIABILITY ULTRA PLUS ENDORSEMENT A. General Liability Ultra Plus Endorsement CL CG 04 92, Provision A. Miscellaneous Additional Insureds, is revised as follows: 1. The following is added to (1) Persons or Organizations For Whom Operations Are Performed, c.(1): a. If the written contract specifically requires you to provide additional insured coverage via the 10/01 edition of CG 20 10 (aka CG 20 10 10 01) or via the 11/85 edition of CG 20 10 (aka CG 20 10 11 85), then in paragraph 1.c.(1)(c)., the words caused in whole or in part by, are replaced by the words arising out of. b. For purposes of this additional insured coverage, the terms "you" and "your" refer to the Named Insured shown in the Declarations. B. CONTRACTUAL LIABILITY - RAILROADS The following coverage is added: 1. With respect to operations performed for a Railroad within 50 feet of railroad property, the definition of "insured contract" in Section V - Definitions is replaced by the following: 9. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including <!-Bookmark:GENERAL LIABILITY ULTRA PLATINUM ENHANCEMENT COVERAGES_CL CG 05 29_10/18:EndBoomark-!> Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission CL CG 05 29 10 18 those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. 2. Other Insurance For purposes of this endorsement, the following is added to the Section IV - Commercial General Liability Conditions, 4 Other Insurance condition and supersedes any provision to the contrary. This insurance is excess of all other insurance that is Railroad Protective Liability or similar coverage for "your work" performed for a Railroad. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the Railroad is a Named Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. C. AGGREGATE LIMITS OF INSURANCE The following is added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00 01, General Aggregate Limit under SECTION III – LIMITS OF INSURANCE: The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE applies separately to each of your 1. Projects away from premises owned by or rented to you. 2. "Locations" owned by or rented to you. "Location” means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. When paragraph B. Construction Project General Aggregate Limit on form CL CG 00 20 is a part of this policy, then this endorsement CL CG 05 29 paragraph C. Aggregate Limits Of Insurance does not apply. D. BODILY INJURY REDEFINED The definition of “Bodily injury” in the Definitions section of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00 01 is replaced by the following: “Bodily injury” means bodily injury, disability, sickness or disease sustained by a person, including death resulting from any of these at any time. “Bodily injury” includes mental anguish or other mental injury resulting from “bodily injury”. COMMERCIAL AUTO CL CA 20 82 07 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CL CA 20 82 07 21 Includes copyrighted material of Insurance Services Page 1 of 6 Offices, Inc. with its permission ADVANTAGE AUTO ENHANCEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Paragraph No. Name Of Extension Limit or Included A. Additional Insured by Contract Or Agreement Including Primary and Noncontributory Other Insurance Condition Included B. Airbags - Extended Coverage Included C. Audio, Visual & Data Electronic Equipment Coverage (Including Telematics Tracking Equipment) $1,000 D. Auto Loan/Lease Gap Coverage $2,500 E. Autos Rented by Employees Included F. Bail Bonds - Extended Coverage $5,000 G. Broad Form Named Insured Including Newly Acquired or Formed Organizations Included H. Custom Signs & Decorations Included I. Employees as Insureds Included J. Fellow Employee Coverage Included K. Glass Repair – No Deductible Included L. Hired Auto Physical Damage and Increased Loss of Use Expenses Loss of use (Per Day / Maximum) $100,000 $500 / $3,500 M. Knowledge Of An Accident, Claim, Suit Or Loss Included N. Loss Of Earnings - Extended Coverage $1,000 O. Rental Reimbursement Coverage Maximum Rental Expenses Per Day $75 Maximum Rental Expenses Because Of Loss To Any One Covered "Auto" $3,375 Maximum Rental Expenses Because Of Loss To All Covered "Autos" In Any One Policy Period $15,000 P. Resultant Mental Anguish Included Q. Towing And Labor Coverage Extension $100 R. Transportation Expenses - Coverage Extension ( Per Day / Maximum) $75 / $2,500 S. Unintentional Failure To Disclose Hazards Included T. Waiver Of Subrogation By Contract Or Agreement Included The above is a summary only. If there is a conflict between this summary and the endorsement provisions that follow, the endorsement provisions shall prevail. <!-Bookmark:ADVANTAGE AUTO ENHANCEMENT_CL CA 20 82_07/21:EndBoomark-!> Page 2 of 6 Includes copyrighted material of Insurance Services CL CA 20 82 07 21 Offices, Inc. with its permission A. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT INCLUDING PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION The following is added to Paragraph A.1. Who Is An Insured of Section II – Covered Autos Liability Coverage: When you have agreed in a written contract or agreement to include a person or organization as an additional insured, such person or organization is included as an "insured" subject to the following: 1. Such person or organization is an additional insured only to the extent such person or organization is liable for "bodily injury" or "property damage" because of the conduct of an "insured" under Paragraphs a. or b. under Paragraph A.1. Who Is An Insured of Section II – Covered Autos Liability Coverage, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". 2. The written contract or agreement described above must have been executed prior to the "accident" that caused the "bodily injury" or "property damage" and be in effect at the time of such "accident". 3. The insurance afforded to any such additional insured does not apply to any "accident" beyond the period of time required by the written contract or agreement described above. 4. The most we will pay on behalf of such additional insured(s) is the lesser of: a. The Limits of Insurance specified in the written contract or agreement described above; or b. The Limits of Insurance shown in the Declarations. This provision shall not increase the Limit of Insurance shown in the Declarations in this policy or coverage part. 5. The following changes are made to Paragraph 5. Other Insurance of B. General Conditions under Section IV – Business Auto Conditions: a. The following is added to Paragraph 5.a.: If required by the written contract or agreement described above, the insurance afforded to the additional insured under this provision will be primary to, and will not seek contribution from, the additional insured’s own insurance. b. Paragraph 5.c. is deleted in its entirety. 6. Paragraph A.1.c. under Section II - Covered Autos Liability Coverage is deleted in its entirety. 7. The definition of "insured contract" under Section V – Definitions is amended to add the following: An "insured contract" does not include that part of any contract or agreement: That pertains to the ownership, maintenance or use of an "auto" and which indemnifies a person or organization for other than the vicarious liability of such person or organization for "bodily injury" or "property damage" caused by your operation or use of a covered "auto". However, a person or organization is an additional "insured" under this provision only to the extent such person or organization is not named as an "insured" by separate endorsement to this policy. B. AIRBAGS- EXTENDED COVERAGE Section III – Physical Damage Coverage, Paragraph B.3.a. does not apply to the unintended discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide coverage. C. AUDIO, VISUAL & DATA ELECTRONIC EQUIPMENT COVERAGE (Including Telematics Tracking Equipment) Physical Damage Coverage is amended as follows: 1. In Section III – Physical Damage Coverage, Paragraphs B.4.c. and B.4.d. do not apply to: a. Global positioning systems; or b. “Telematics devices”; which are not: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment CL CA 20 82 07 21 Includes copyrighted material of Insurance Services Page 3 of 6 Offices, Inc. with its permission described in Paragraphs a. and b. above; or; (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. 2. In the event of a “loss” to a covered “auto”, the most we will pay for “loss” to global positioning systems and “telematics devices” in any one covered “auto” is the lesser of: a. The actual cash value of the damaged or stolen property at the time of loss; b. The cost of repairing or replacing damaged or stolen property with other property of like kind and quality; or c. $1,000 3. For each covered “loss”, a deductible of $100 shall apply. “Telematics Devices” include devices that are not installed by the vehicle manufacturer and that are designed for the collection and dissemination of data for the purpose of monitoring vehicle and/or driver performance. This includes global positioning systems and wireless safety communication devices. Cellular, mobile and smart phones are not considered global positioning systems or “telematics devices” for purposes of this coverage provision. D. AUTO LOAN/LEASE GAP COVERAGE The following is added to Section III – Physical Damage Coverage, Paragraph C.: In the event of a total "loss" to a covered "auto", we will pay up to $2,500 on the unpaid amount due on the lease or loan for a covered "auto", less: The amount paid under the Physical Damage Coverage section of the policy; and any: 1. Overdue or any deferred lease/loan payments at the time of the "loss"; 2. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; 3. Security deposits not returned by the lessor; 4. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and 5. Carry-over balances from previous loans or leases. Coverage provided under this extension will be excess over any other collectible insurance including, but not limited to, any coverage provided by or purchased from the lessor or any financial institution. However, this provision does not apply to the extent loan/lease gap coverage has been provided by separate endorsement to this policy. E. AUTOS RENTED BY EMPLOYEES The following is added to Section II – Covered Autos Liability Coverage, Paragraph A.1.: The following is added to the Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business F. BAIL BONDS - EXTENDED COVERAGE Section II – Covered Autos Liability Coverage, Paragraph A.2.a.(2) is deleted and replaced by the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an “accident” we cover. We do not have to furnish these bonds. G. BROAD FORM NAMED INSURED INCLUDING NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following is added to sub paragraph A1. Who Is An Insured of Section II – Covered Autos Liability Coverage: For any covered “auto”; Any organization, other than a partnership, joint venture or limited liability company, over which you maintain ownership or majority interest of more than 50 percent on the effective date of this endorsement and for which you are obligated prior to the loss to provide insurance, unless that organization is Page 4 of 6 Includes copyrighted material of Insurance Services CL CA 20 82 07 21 Offices, Inc. with its permission an “insured” under any other automobile policy or would be an “insured” under such a policy but for the exhaustion of its Limit of Insurance. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company or any organization excluded either by this Coverage Part or by endorsement, and over which you maintain ownership or majority interest of more than 50 percent will qualify as a Named Insured. However: 1. This insurance does not apply to any newly acquired or formed organization that is an "insured" under any other automobile policy or would be an "insured" under such policy but for its termination or the exhaustion of its Limit of Insurance. 2. Coverage under this provision does not apply to "bodily injury", "property damage", expense or "loss" that occurred before you acquired or formed the organization. 3. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. H. CUSTOM SIGNS & DECORATIONS Physical Damage coverage on a covered “auto” extends to “loss” to custom signs and decorations including custom murals, paintings or other decals or graphics. Our limit of liability for each “loss” to custom signs and decorations shall be the least of: (1) Actual cash value of the stolen or damaged property; (2) Amount necessary to repair or replace the property; or This coverage does not apply to Hired Auto Physical Damage Coverage. I. EMPLOYEES AS INSUREDS Section II - Covered Autos Liability Coverage, Paragraph A.1.b.(2) is deleted and replaced by the following: (2) Any “employee” of yours is an “insured” while using a covered “auto” you don’t own, hire or borrow in your business or your personal affairs. However, the insurance provided by this provision, I. EMPOYEES AS INSUREDS, does not apply if separate Employee as Insured coverage (or any similar or equivalent coverage) has been provided by a separate endorsement issued by us and made a part of this policy or coverage part. J. FELLOW EMPLOYEE COVERAGE Exclusion B. 5. of Section II - Covered Autos Liability Coverage is deleted and replaced with the following: 5. Fellow Employee a. "Bodily injury" to any fellow "employee" of an "insured" arising out of and in the course of the fellow "employee’s" employment or while performing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. However, this exclusion does not apply to liability incurred by your “employees” that are “executive officers”. No "employee" is an "insured" for "bodily injury" to a co-employee if such co- employee's exclusive remedy is provided under a workers’ compensation law or any similar law. For the purpose of Fellow Employee Coverage only, paragraph B.5. of Business Auto Conditions is changed as follows: This Fellow Employee Coverage is excess over any other collectible insurance. As used in this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. K. GLASS REPAIR – NO DEDUCTIBLE The following is added to Section III – Physical Damage Coverage, Paragraph D.: 3. Any Comprehensive Coverage deductible shown in the Declarations does not apply to “loss” when you elect to patch or repair glass rather than replace. L. HIRED AUTO PHYSICAL DAMAGE AND INCREASED LOSS OF USE EXPENSES Section III – Physical Damage Coverage, A. 4 Coverage Extensions is amended to include the following: CL CA 20 82 07 21 Includes copyrighted material of Insurance Services Page 5 of 6 Offices, Inc. with its permission If hired "autos" are covered "autos" for Liability Coverage under this policy and if Physical Damage Comprehensive Coverage, Physical Damage Specified Causes Of Loss Coverage, or Physical Damage Collision Coverage is provided under this policy for any "auto" you own, then such Physical Damage Coverages are extended to apply to "autos" you lease, hire, rent or borrow without a driver, subject to the following provisions: 1. This extension is only available for “autos” you lease, hire, rent or borrow for less than 30 consecutive days. 2. The most we will pay in any one “loss” is the least of $100,000, the actual cash value of the “auto” or the cost to repair or replace the “auto”, except that such amount will be reduced by a deductible to be determined as follows: The deductible shall be equal to the amount of the highest deductible shown for any owned “auto” of the same classification for that coverage. In the event there is no owned “auto” of the same classification, the highest deductible for any owned “auto” will apply for that coverage. 3. Coverage provided under this extension will be excess over any other collectible insurance you have. Paragraphs 1 through 3 above do not apply if separate Hired Auto Physical Damage is indicated in the declarations. For “autos” you lease, hire, rent or borrow covered under this Hired Auto Physical Damage Coverage extension or under separate coverage provided in the declarations, the limits in subparagraph b. Loss Of Use Expenses under paragraph 4. Coverage Extensions as found in paragraph A. Coverage of SECTION III – PHYSICAL DAMAGE COVERAGE, are increased to $500 per day, to a maximum of $3,500. M. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT OR LOSS The following is added to Section IV – Business Auto Conditions, Paragraph A.2.: Notice of an "accident" or "loss" will be considered knowledge of yours only if reported to you, if you are an individual, a partner, an executive officer or an employee designated by you to give us such notice. Notice of an "accident" or "loss" to your Workers’ Compensation insurer, for an event which later develops into a claim for which there is coverage under this policy, shall be considered notice to us, but only if we are notified as soon as you know that the claim should be addressed by this policy, rather than your Workers’ Compensation policy. N. LOSS OF EARNINGS - EXTENDED COVERAGE Section II – Covered Autos Liability Coverage, Paragraph A.2.a.(4) is deleted and replaced by the following: (4) All reasonable expenses incurred by the “insured” at our request, including actual loss of earnings up to $1,000 a day because of time off from work. O. RENTAL REIMBURSEMENT COVERAGE 1. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductible applies to this coverage. This coverage is only available to those covered “autos” involved in a “loss” and Physical Damage is provided to the covered “auto”. 2. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the expiration date of the policy, with the lesser of the following; a. The number of days reasonably required to repair or replace the covered "auto". If “loss” is caused by theft, this number of days is added to the number of days it takes to locate the covered “auto” and return it to you; or b. 45 days. 3. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred. b. The maximum rental expenses indicated below: Page 6 of 6 Includes copyrighted material of Insurance Services CL CA 20 82 07 21 Offices, Inc. with its permission (1) Not more than $75 per day; (2) The maximum rental expenses shown below: (a) $3,375 because of "loss" to any one covered "auto"; (b) $15,000 because of all "loss" to all covered "autos" in any one policy period. 4. We will pay up to an additional $300 for the reasonable and necessary expenses you incur to remove your materials and equipment from the covered "auto" and replace such materials and equipment on the rental "auto". 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 6. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. P. RESULTANT MENTAL ANGUISH Section V - Definitions, Paragraph C. is deleted and replaced by the following: C. "Bodily injury" means bodily injury, disability, sickness, or disease sustained by a person, including death resulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". Q. TOWING AND LABOR COVERAGE EXTENSION The following is added to Section III – Physical Damage Coverage, paragraph A.2.: 1. We will pay up to $100 for a covered "auto" for towing and labor costs incurred each time the covered "auto" is disabled. However, the labor must be performed at the place of disablement. 2. This coverage applies only for an "auto" covered on this policy for Comprehensive or Specified Causes of Loss Coverage and Collision Coverages. 3. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". R. TRANSPORTATION EXPENSES - COVERAGE EXTENSION Paragraph A.4.a. Transportation Expenses of Section III – Physical Damage Coverage is amended as follows: 1. The Limits of Insurance are increased to $75 per day to a maximum of $2,500. 2. We will also pay reasonable and necessary expenses to facilitate the return of the stolen "auto" to you. S. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS The following is added to Section IV - Business Auto Conditions, Paragraph B.2.: If you unintentionally fail to disclose any hazards existing at the inception of this policy, such failure will not prejudice the coverage provided to you. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. T. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Section IV - Business Auto Conditions, Paragraph A.5.: The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to any person(s) or organization(s) for whom you are required to waive subrogation with respect to the coverage provided under this Coverage Form, but only to the extent that subrogation is waived: 1. Under a written contract or agreement with such person(s) or organization(s); and 2. Prior to the “accident” or the “loss”.