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HomeMy WebLinkAbout2024 COI 193070 LIAB1 of 11 (TEW00) CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. 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. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 03/30/2023 Parker, Smith & Feek, LLC. 1707 Dock Street Tacoma, WA 98402 253-359-9700 Zurich American Insurance Co. SCI Infrastructure, LLC 2821 South 154th Street SeaTac, WA 98188 American Guarantee & Liability Ins. A X 1,000,000 8 X 8 8 8 GLO 7394316 - 00 04/01/2023 04/01/2024 500,000 15,000 1,000,000 2,000,000 2,000,000 A 1,000,000 8 8 8 BAP 0342541 - 00 04/01/2023 04/01/2024 B 8 6,000,000 8 X X 6,000,000 8 0 SXS 0342542-00 04/01/2023 04/01/2024 A 804/01/2023 04/01/2024 1,000,000 GLO 7394316 - 00 Stop Gap 1,000,000 1,000,000 SCI Job No.: 2106 Project No: 876 Ostrich Bay Creek Stormwater Treatment City of Bremerton is an additional insured on the general liability and excess liability policies per the attached endorsements/forms... (See Attached Description) City of Bremerton City Clerks Office 345 6th St, Ste 600 Bremerton, WA 98337-1873 2 of 11 (TEW00) DESCRIPTIONS (Continued from Page ) 1 . Coverage is primary and non-contributory on the general liability and excess liability policies per the attached endorsements/forms. Waiver of subrogation applies on the general liability and excess liability policies per the attached endorsements/forms. 3 of 11 (TEW00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. Additional Insured – Automatic – Owners, Lessees Or Contractors This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A.Section II –Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you,but onlywithrespecttoliabilityfor"bodily injury","property damage"or "personal and advertising injury"and subject to the following: 1.If such written contract or written agreement specifically requires that you provide that the person or organizationbe named as an additional insured under one or both of the following endorsements: a.The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b.The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s),but only to theextent that "bodily injury", "property damage" or "personal and advertising injury" arises out of: (1)Your ongoing operations, with respect to Paragraph 1.a. above; or (2)"Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a)Only applies if the "bodily injury","property damage"or "personal and advertising injury"offense occurs during the policy period and subsequent to your execution of the written contract or writtenagreement; and (b)Does not apply to "bodily injury"or "property damage"caused by "your work"and included within the "products-completed operations hazard"unless the written contract or written agreement specificallyrequires that you provide such coverage to such additional insured. 2.If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a.The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b.The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s),but only to the extent that "bodily injury","property damage"or "personal and advertising injury"is caused,in whole or in part,by: (1)Your acts or omissions; or (2)The acts or omissions of those acting on your behalf, U-GL-2162-A CW (02/19)Page 1 of 4Includes copyrighted material of Insurance Services Office, Inc., with its permission. GLO 7394316 - 00 Effective Date: 04/01/2023 4 of 11 (TEW00) in the performance of: (a)Your ongoing operations, with respect to Paragraph 2.a. above; or (b)"Your work"and included in the "products-completed operations hazard",with respect to Paragraph2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i)Only applies if the "bodily injury","property damage"or "personal and advertising injury"offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii)Does not apply to "bodily injury"or "property damage"caused by "your work"and included withinthe"products-completed operations hazard"unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3.If neither Paragraph 1.nor Paragraph 2.above apply and such written contract or written agreement requires thatyou provide that the person or organization be named as an additional insured: a.Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b.With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury","property damage"or "personal and advertising injury" is caused, in whole or in part by: (1)Your acts or omissions; or (2)The acts or omissions of those acting on your behalf, in the performance of your ongoing operations,which is the subject of the written contract or writtenagreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a)Only applies to the extent permitted by law; (b)Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c)Only applies if the "bodily injury","property damage"or "personal and advertising injury"offenseoccursduringthepolicyperiodandsubsequenttoyourexecutionofthewrittencontractorwrittenagreement. 4.If neither Paragraph 1.nor Paragraph 2.above apply and such written contract or written agreement requires thatyou provide that the person or organization be named as an additional insured: a.Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b.With respect to the "products-completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury"or "propertydamage"is caused,in whole or in part by "your work"and included in the "products-completed operationshazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1)Only applies to the extent permitted by law; (2)Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3)Only applies if the "bodily injury"or "property damage"occurs during the policy period and subsequent toyour execution of the written contract or written agreement; and U-GL-2162-A CW (02/19)Page 2 of 4Includes copyrighted material of Insurance Services Office, Inc., with its permission. 5 of 11 (TEW00) (4)Does not apply to "bodily injury"or "property damage"caused by "your work"and included within the "products-completed operations hazard"unless the written contract or written agreement specificallyrequires that you provide such coverage to such additional insured. B.Solely with respect to the insurance afforded to any additional insured referenced in Section A.of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out ofthe rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1.The preparing,approving or failing to prepare or approve maps,shop drawings,opinions,reports,surveys,field orders, change orders or drawings and specifications; or 2.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hiring,employment,training or monitoring of others by that insured,if the "occurrence"which caused the "bodily injury"or "property damage",or the offense which caused the "personal and advertising injury",involved therendering of or the failure to render any professional architectural, engineering or surveying services. C.Solely with respect to the coverage provided by this endorsement,the following is added to Paragraph 2.Duties InThe Event Of Occurrence, Offense, Claim Or Suit of Section IV – Commercial General Liability Conditions: The additional insured must see to it that: (1)We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2)We receive written notice of a claim or "suit" as soon as practicable; and (3)A request for defense and indemnity of the claim or "suit"will promptly be brought against any policy issuedbyanotherinsurerunder which the additional insured may be an insured in any capacity.This provision doesnotapplytoinsuranceonwhichtheadditionalinsuredisaNamedInsuredifthewrittencontractorwritten agreement requires that this coverage be primary and non-contributory. D.Solely with respect to the coverage provided by this endorsement: 1.The following is added to the Other Insurance Condition of Section IV –Commercial General LiabilityConditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additionalinsured provided that: a.The additional insured is a Named Insured under such other insurance; and b.You are required by written contract or written agreement that this insurance be primary and not seekcontribution from any other insurance available to the additional insured. 2.The following paragraph is added to Paragraph 4.b.of the Other Insurance Condition under Section IV –Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance,whether primary,excess,contingent or on any other basis,available to an additional insured,in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence",offense,claim or "suit".This provision does notapplytoanypolicyinwhichtheadditionalinsuredisaNamedInsuredonsuchotherpolicyandwhereourpolicyisrequiredbyawrittencontractorwrittenagreementtoprovidecoveragetotheadditionalinsuredona primary and non-contributory basis. E.This endorsement does not apply to an additional insured which has been added to this Coverage Part by anendorsementshowingtheadditionalinsuredinaScheduleofadditionalinsureds,and which endorsement applies specifically to that identified additional insured. U-GL-2162-A CW (02/19)Page 3 of 4Includes copyrighted material of Insurance Services Office, Inc., with its permission. 6 of 11 (TEW00) F.Solely with respect to the insurance afforded to an additional insured under Paragraph A.3.or Paragraph A.4.of this endorsement, the following is added to Section III – Limits Of Insurance: Additional Insured – Automatic – Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2.Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2162-A CW (02/19)Page 4 of 4Includes copyrighted material of Insurance Services Office, Inc., with its permission. 7 of 11 (TEW00) (4)Does not apply to "bodily injury"or "property damage"caused by "your work"and included within the "products-completed operations hazard"unless the written contract or written agreement specificallyrequires that you provide such coverage to such additional insured. B.Solely with respect to the insurance afforded to any additional insured referenced in Section A.of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out ofthe rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1.The preparing,approving or failing to prepare or approve maps,shop drawings,opinions,reports,surveys,field orders, change orders or drawings and specifications; or 2.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hiring,employment,training or monitoring of others by that insured,if the "occurrence"which caused the "bodily injury"or "property damage",or the offense which caused the "personal and advertising injury",involved therendering of or the failure to render any professional architectural, engineering or surveying services. C.Solely with respect to the coverage provided by this endorsement,the following is added to Paragraph 2.Duties InThe Event Of Occurrence, Offense, Claim Or Suit of Section IV – Commercial General Liability Conditions: The additional insured must see to it that: (1)We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2)We receive written notice of a claim or "suit" as soon as practicable; and (3)A request for defense and indemnity of the claim or "suit"will promptly be brought against any policy issuedbyanotherinsurerunder which the additional insured may be an insured in any capacity.This provision doesnotapplytoinsuranceonwhichtheadditionalinsuredisaNamedInsuredifthewrittencontractorwritten agreement requires that this coverage be primary and non-contributory. D.Solely with respect to the coverage provided by this endorsement: 1.The following is added to the Other Insurance Condition of Section IV –Commercial General LiabilityConditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additionalinsured provided that: a.The additional insured is a Named Insured under such other insurance; and b.You are required by written contract or written agreement that this insurance be primary and not seekcontribution from any other insurance available to the additional insured. 2.The following paragraph is added to Paragraph 4.b.of the Other Insurance Condition under Section IV –Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance,whether primary,excess,contingent or on any other basis,available to an additional insured,in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence",offense,claim or "suit".This provision does notapplytoanypolicyinwhichtheadditionalinsuredisaNamedInsuredonsuchotherpolicyandwhereourpolicyisrequiredbyawrittencontractorwrittenagreementtoprovidecoveragetotheadditionalinsuredona primary and non-contributory basis. E.This endorsement does not apply to an additional insured which has been added to this Coverage Part by anendorsementshowingtheadditionalinsuredinaScheduleofadditionalinsureds,and which endorsement applies specifically to that identified additional insured. U-GL-2162-A CW (02/19)Page 3 of 4Includes copyrighted material of Insurance Services Office, Inc., with its permission. 8 of 11 (TEW00) Policy No.Eff. Date of Pol.Exp. Date of Pol.Eff. Date of End.Producer No.Add'l Prem.Return Prem. 73791000 Waiver Of Subrogation (Blanket) Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement,which is executed before a loss,to waive your rights of recovery from others,we agree to waive our rights of recovery.This waiver of rights shall not be construed to be a waiver withrespect to any other operations in which the insured has no contractual interest. U-GL-925-B CW (12/01)Page 1 of 1 GLO 7394316 - 00 04/01/2023 04/01/2024 04/01/2023 9 of 11 (TEW00) Straight Excess Liability Policy There are provisions in this policy that 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, and any other person or organization qualifying as such in underlying insurance. The words “we”, “us” and “our” refer to the company providing this insurance. The word "insured(s)" means any person or organization qualifying as such in underlying insurance but only to the extent and within the scope for which such "insured(s)" qualify for coverage in underlying insurance. Words and phrases that are printed in bold-face type are defined in this policy. These definitions are found in SECTION VI. DEFINITIONS of this policy or in the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Declarations and in accordance with the provisions of this policy, we agree with you to provide coverage as follows: Insuring Agreements SECTION I. COVERAGE A.We will pay on behalf of the insured those damages covered by this insurance in excess of the total Applicable Limits of underlying insurance. This policy includes: 1.The terms and conditions of underlying insurance to the extent such terms and conditions are not inconsistent or do not conflict with the terms and conditions referred to in Paragraph 2. below; and 2.The terms and conditions that apply to this policy. B.Notwithstanding anything to the contrary contained in Paragraph A. above, if underlying insurance does not apply to damages for reasons other than exhaustion of total applicable limits of insurance by payment of loss, then this policy does not apply to such damages. C.The amount we will pay under this policy is limited as described in SECTION II. LIMITS OF INSURANCE. D.We have no obligation under this policy with respect to any settlement made without our consent. E.The insurance afforded under this policy applies to bodily injury or property damage only if prior to the Policy Period, neither you nor any authorized person knew that the bodily injury or property damage had occurred, in whole or in part. If you or any authorized person 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. Bodily injury or property damage which occurs during the Policy Period and was not, prior to the Policy Period, known to have occurred by you or any authorized person includes any continuation, change or resumption of that bodily injury or property damage after the Policy Period; and Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when you or any authorized person: 1.Reports all or any part of, the bodily injury or property damage to us or any other insurer; 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. Page of U-SXS-100-A CW (09/11) 1 10 10 of 11 (TEW00) 4.Renewals or replacements of the policies listed in the Schedule of Underlying Insurance will not be materially changed without our agreement. If you fail to comply with these requirements, we will only be liable to the same extent that we would have been had you fully complied with these requirements. E.Nonrenewal If we decide not to renew this policy, we will mail or deliver to the first Named Insured shown in Item 1. of the Declarations written notice of the nonrenewal not less than thirty (30) days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. F.Notice of Occurrence 1.You must see to it that we are notified as soon as practicable of an occurrence which may result in damages covered by this policy. To the extent possible, notice will include: a.How, when and where the occurrence took place; b.The names and addresses of any injured persons and witnesses; and c.The nature and location of any injury or damage arising out of the occurrence. 2.Knowledge of an occurrence by the agent, servant or employee of yours, shall not in itself constitute knowledge by the insured unless you or any authorized person receives such notice from the agent, servants or employee. 3.If a claim or suit against any insured is reasonably likely to involve this policy, you must notify us in writing as soon as practicable. 4.You and any other involved insured must: a.Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit; b.Authorize us to obtain records and other information; c.Cooperate with us in the investigation, settlement or defense of the claim or suit; and d.Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this policy may also apply. 5.The insureds will not, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 6.Your failure to give notice of an occurrence to us shall not invalidate coverage under this policy if the occurrence was inadvertently reported to another insurer. However, you shall report any such occurrence to us as soon as practicable once you become aware of such error. G.Other Insurance If other insurance applies to damages that are also covered by this policy, this policy will apply excess of the other insurance. Nothing herein will be construed to make this policy subject to the terms, conditions and limitations of such other insurance. However, this provision will not apply if the other insurance is written to be excess of this policy. Other insurance includes any type of self-insurance or other mechanism by which an insured arranges for funding of legal liabilities. H.Terms Conformed to Statute The terms of this policy which are in conflict with the statutes, laws, ordinances or regulations in any country, jurisdiction, state or province where this policy is issued are amended to conform to such statutes, laws, ordinances or regulations. If we are prevented by law or statute from paying on behalf of the insured, then we will, where permitted by law or statute, indemnify the insured. Page of U-SXS-100-A CW (09/11) 8 10 11 of 11 (TEW00) I.Transfer of Rights of Recovery Against Others to Us 1.If the insured has rights to recover all or part of any payment we have made under this insurance, those rights are transferred to us. The insured must do nothing after the loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. However, if any insured is required to waive their rights of recovery from others by a written contract or agreement executed before a loss, we agree to waive our rights of recovery to the extent required by the written contract or agreement. This waiver of rights will not be construed to be a waiver with respect to any other operations for which the insured has not waived their rights of recovery by contract. 2.Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. J.Unintentional Errors and Omissions Any unintentional error or omission in the description of, or failure to describe completely, any premises or operations intended to be covered by this policy, shall not invalidate or affect the coverage for those operations or premises. However, the insured must report such error or omission to the company as soon as practicable after its discovery. K.When Loss is Payable Coverage under this policy will not apply unless and until the insured or the insured’s underlying insurer has paid or is legally obligated to pay the full amount of the total Applicable Limits of underlying insurance. When the amount of loss is determined by an agreed settlement or a final judgment against an insured obtained after an actual trial, we will promptly pay on behalf of the insured the amount of loss covered under the terms of this policy. L.Audit of Books and Records We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three (3) years after the expiration or termination of this policy. M.Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or a change in any part of this policy. This policy can only be changed by a written endorsement that becomes a part of this policy. N.First Named Insured The person or organization first named in Item 1. of the Declarations is responsible for the payment of all premiums. The first Named Insured will act on behalf of all other insureds for the giving and receiving of notice of cancellation or any other notice required under this policy or by statute or regulation, for the receipt and acceptance of this policy and any endorsements forming a part of this policy, and for the receiving of any return premiums that become payable under this policy. O.Inspection We have the right, but are not obligated to inspect the insured’s premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and operations and the premium to be charged. We may provide reports on the conditions we find. We may also recommend changes. While these reports may help reduce losses, we do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that the premises or operations are safe or healthful, or that they comply with laws, regulations, codes or standards. P.Legal Action Against Us There will be no right of action against us under this insurance unless: 1.You have complied with all the terms of this policy; and 2.The amount you owe has been determined by settlement with our consent or by actual trial and final judgment. This insurance does not give anyone the right to add us as a party in an action against you to determine your liability. Page of U-SXS-100-A CW (09/11) 9 10