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Home My WebLink About6371 - COI - Pape and Sons Constructionc R 2/0707® CERTIFICATE OF LIABILITY INSURANCE DATE //2022 Y) 022 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 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 NaMFACT Danielle Bryant HENTSCHELL &ASSOC INC 1436 S. Union Ave. Tacoma INSURED Pape &Sons Construction, Inc. 9401 Bujacich Road Suite 1A WA 98405-1925 PHONE (253)272-1151 rnx 253 272-1225 (A/C No Extl: I (A/(;, No): ( ) EMAIL danielleb@hentschell.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC k INSURERA: Charter Oak Fire Insurance 25615 INSURER B : The Travelers Indemnity Co. 25658 INsuRER C : Travelers Prop Cas Co of America 25674 INSURER D : INSURER E : Gig Harbor WA 98332 I INSURER F COVERAGES CERTIFICATE NUMBER: 22-23 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTH E 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 LTR TYPE OF INSURANCEADDLIbUbli INSD WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence 3003000 $ MED EXP (Any one person) $ 10,000 A Y Y DT-CO-OJ154095-COF-22 12/31/2022 12/31/2023 PERSONAL & ADV INJURY $ 11000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 21000,000 POLICY [X PRO- ❑ LOC JECT PRODUCTS-COMP/OPAGG $ 22000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 11@001000 X ANYAUTO BODILY INJURY (Per person) $ B OWNED X SCHEDULED AUTOS ONLY AUTOS Y Y BA-1L658955-22-26-G 12/31/2022 12/31/2023 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 51000,000 AGGREGATE $ 5,000,000 C EXCESS LIAB CLAIMS -MADE Y Y CUP-OJ403946-22-26 12/31/2022 12/31/2023 DED I X1 RETENTION $ 103000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA DT-CO-OJ154095-COF-22 12/31/2022 12/31/2023 PER STATUTE X OTH- ER WA STOP GAP E.L. EACH ACCIDENT 11000,000 $ E.L. DISEASE - EA EMPLOYEE 1,000,000 $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT 1,0001000 110003000 LIMIT/EACH JOB SITE LOC. A INSTALLATION FLOATER -INCLUDING EARTHQUAKE & FLOOD DT-630-9S118521-TIL-22 12131/2022 12/31/2023 1003000 LIMIT- IN TRANSIT 1003000 LIMIT - TEMP LOCATION DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Project: #836 - Bremerton Oyster Bay Avenue Force Main Replacement Blanket Primary Non -Contributory Additional Insured, including completed operations and Blanket Waiver of Subrogation applies in favor of any person or organization if called for by written contract or agreement, per policy forms and conditions; #CGD316 02/19, CGD246 04/19, CGD211 01104, CGT100 0/19, CAT353 02/15 - City of Bremerton, its officials, employees, agents and volunteers are all included as additional insured f`FRTI FIr4TF N(ll r1FR CANCFI I ATInN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 345 - 6th Street AUTHORIZED REPRESENTATIVE Suite 100 Bremerton WA 98337 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: DT-004J154095-COF-2?L COMMERCIAL GENERAL LIABILITY ISSUE DATE: 08-05-22 This endorsement moes insurance provided under t he following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Engineers, Architeets Or Surveyors Not Engaged By The Named Insured: ANY ARCHITECT, ENGINEER OR SURVEYOR THAT YOU AGREE IN A WRITTEN CONTRACT WITH LAKEWOOD WATER DISTRICT TO INCLUDE AS AN ADDITIONAL INSURED ON THIS COVERAGE PART, PROVIDED THAT SUCH WRITTEN CONTRACT WAS SIGNED BY YOU BEFORE, AND IS IN EFFECT WHEN, THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS OR THE "PERSONAL INJURY" OR "ADVERTISING INJURY" OFFENSE IS COMMITTED. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 —Who Is An Insured is amended to include as an additional insured the architects, engineers or surveyors shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertis- ing injury" 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 performed by you or on your behalf. Such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sion applies: This insurance does not apply to "bodily injury", "property damage", "personal injury" or "advertis- ing injuryarising out of the rendering of or the failure to render any professional services, includ- ing: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifica- tions; or 2. Supervisory, inspection or engineering ser- vices. GG D2 70 01 10 ©2010 The Travelers Indemnity Company Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. This endorsement modifies insurance provided under the followiny: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who is An Insured -Unnamed Subsidiaries C. Incidental Medical Malpractice Be Blanket Additional Insured — Governmental D. Blanket Waiver Of Subrogation Entities — Permits Or Authorizations Relating To E. Contractual Liability — Railroads Operations F. Damage To Premises Rented To You PROVISIONS a. An organization other than a partnership, joint venture or limited liability company; or A. WHO IS AN INSURED sees UNNAMED b. A trust; SUBSIDIARIES The following is added to SECTION 11 as~ WHO IS as indicated in its name or the documents that AN INSURED: govern its structure. --� Any of your subsidiaries, other than a partnership, Be BLANKET ADDITIONAL INSURED — joint venture or limited liability company, that is GOVERNMENTAL ENTITIES ® PERMITS OR not shown as a Named Insured in the AUTHORIZATIONS RELATING TO OPERATIONS n Declarations is a Named Insured if The following is added to SECTION II —WHO IS a. You are the sole owner of, or maintain an AN INSURED: ownership interest of more than 50% in, such subsidiary on the first day of the policy periodAny governmental entity that has issued a permit ; and or authorization with respect to operations performed by you or on your behalf and that you b. Such subsidiary is not an insured under are required by any ordinance, law, building code �® similar other insurance, or written contract or agreement to include as an No such subsidiary is an in for "bodily injury' additional insured on this Coverage Part is an or "property damage" that occurred, or "personal insured, but only with respect to liability for "bodily injury" y caused b an offense injury", "property damage" or "personal and and advertising advertising injury" arising out of such operations. committed: a. Before you maintained an ownership interest The insurance provided to such governmental �— of more than 50% in such subsidiary; or entity does not apply to: a. Any "bodily injury', "property damage" or b. After the date, if any, during the policy period "personal and advertising injury" arising out of that you no longer maintain an ownership operations performed for the governmental interest of more than 50% in such subsidiary. w� entity: or For purposes of Paragraph 1. of Section II —Who b. Any "bodily injury' or "property damage" —® Is An Insured, each such subsidiary will be included in the "products -completed deemed to be designated in the Declarations as: operations hazard". CG D3 16 D2 19 m 2017 The Travelers Indemnity Company. All rights reserved. Page 1 Of 3 Includes copyrighted material of Insurance Services Office, Inc„ with its permission. 00105a followingINCIDENTAL MEDICAL MALPRACI tun 1. The of - definition DEFINITIONS b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II ® WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician or paramedic; or (b) First aid or "Good Samaritan services" by any of. your employees or volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals pharmaceuticals committed by, or wish the knowledge or consent of, the insured. g, The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injurythat arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for paymentse make because of: a. "Bodily injury' or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the execution of the contract or agreement. "Bodily injury' or "property damage" arising E. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph c* of the definition of "insured contract" in the DEFINITIONS Section: out of the violation of a penal statute or c. Any easement or license agreement; ordinance relating to the sale of Page 2 of 3 02017 The Travelers Indemnity Company. All rights reserved. CG D316 02 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2. Paragraph f.(1) of the definition of "insured a. Any premises while re(nuwith edlo moU Of ssion contract" in the DEFINITIONS Section is temporarily occupied by y pa deleted. of the owner; or DAMAGE T� PREMISES ANTE® T® YOU b. The contents of any premises while such premises is rented to you, if you rent such The following replaces the definition of "premises premises for a period of seven or fewer damage" in the DEFINITIONS Section: consecutive days. "Premises damage" means "property damage" to: Pa e3of3 CG ®3 '16 02 79 ©2017 The Travelers Indemnity Company. All rights reserved. 9 Includes copyrighted material of Insurance Services Office. Inc., with its permission. )01058 This endorsement modifies insurance provided under the following: Crseme RCIAL GENERAL LIABILITY COVERAGE PART The following is added to S�Cil�hl II ®��gO 15 A� 1�5t1RE�: p,ny person or organization that you agree in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only: a. With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury' caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. If, and only to the extent iha#, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the pure ess sthe determining whether this limitation app minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III —Limits Of Insurance. b. The insurance provided to such additional insured does not apply to: COl�ilv7ERC(AL GENERA;L LIABILITY ('i) p,ny "bodily injury , property damage" or "personal injury" arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury' or "property damage" caused by "your work" and included in the "products�campleted operations hazard" unless the written contract or agreement specfically requires you to provide such coverage far that additional insured during the policy period. c. The additional insured must comply with the following duties: {1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent passible, such notice should include: (a) How, when and where the "occurrence" or offense took plaee; (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" or offense. (2) If a claim is made or "suit" is brought against the additional insured: © 2018 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 001053 COMMERCIAL GENERAL LIABILITY (a) immediately record the specifics of the (-) Tender the defense and indemnity of any claim or "suit" and the date received; and claim or "suit" to any provider of other insurance which would caves such additional (b) Notify us as soon as practicable and see insured for a loss we cover. However, this to it that we receive written notice of the condition does not affect whether the claim or "suit" as soon as practicable. insurance provided to such additional �3) immediately send us copies of all legal insured is primary to other insurance papers received in connection with the claim available to such additional insured which or "suit", cooperate with us in the covers that person or organization as a investigation or settlement of the claim or named insured as described in Paragraph 4., defense against the "suits% and otherwise Other Insurance, of Section IV Commercial comply with all policy conditions. General Liability Conditions. Page 2 of 2 m 2018 The Travelers Indemnity Company, All rights reserved. CG D2 46 0419 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project Designated Project(s): General Aggregate(s): EACH "PROJECT" FOR WHICH YOU HAVE AGREED IN A GENERAL, AGGREGATE LIMIT SHOWN ON THE WRITTEN CONTRACT THAT IS IN EFFECT DURING LIMITRSHOWNS. THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT, PROVIDED THAT THE CONTRACT IS SIGNED BY YOU BEFORE THE "BODILY INJURY° OR "PROPERTY DAMAGE" OCCURS. A. For all sums which the insured becomes�Any payments made under COVERAGE A. legally 3. for damages or under COVERAGE C. for obligated to pay as damages caused by occur- medical expenses shall reduce the Desig- rences" under COVERAGE A. (SECTION 1). and p ate Limit for for all medical expenses caused by accidents un- nated Project General Aggregate der COVERAGE C (SECTION I), which can be that designated "project". Such paymentsshall not reduce the General Aggregate Limit attributed only to operations at a single desig- nated "project" shown in the Schedule above: shown in the Declarations not shall they re - duce any other Designated Project General 1. A separate Designated Project General Ag- Aggregate Limit for any other designated gregate Limit applies to each designated "pro- "project" shown in the Schedule above. ject", and that limit is equal to the amount of the General Aggregate Limit shown in the 4. The limits shown in the Declarations fot Each Declarations, unless separate Designated Occurrence, Damage To Premises Rented To You and Medical Expense continue to Project General Aggregate(s) are sched- apply, However, instead of being subject to uled above. the General Aggregate Limit shown in the 2. The Designated Project General Aggregate Declarations, such limits will be subject to the Limit is the most we will pay for the sum of all applicable Designated Project General Ag- damages under COVERAGE A., except gregate Limit4 damages because of "bodily injury" or "prop- erty damage included in the "products- E. For all sums which the insured becomes legally completed operations hazard", and for me& obligated to pay as damages caused by "occur - cal expenses under COVERAGE C. regard- forlces" under all medial expenses esG cau caused by accE As idents un- less of the number of; der COVERAGE C. (SECTION I), which cannot a. Insureds; be attributed only to operations at a single desig- b. Claims made or "suits" brought; or nated "project" shown in the Schedule above: c. Persons or organizations making claims or bringing "suits". CG D2 11 0't 04 401052 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 COMMERCIAL GENERAL LIABILITY Any payments made under COVERAGE A. vided, any payments for damages because of for damages or under COVERAGE for "bodily injury" or " property damage" included in . the "products -completed operations hazard" will medical expenses shall reduce the amount available under the General Aggregate Limit reduce the Products -Completed Operations Ag- nr the Products -Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gregate Limit, whichever is applicable; and gate Limit nor the Designated Project General 2, Such payments shall not reduce any Desig- Aggregate Limit. nated Project General Aggregate Limit. E. For the purposes of this endorsement the Deflul" tion� Section is amended by the addition of the c. Part 2. of SECTION III -� LIMITS OF INSURANCE following definition: is deleted and replaced by the following: "Project" means an area away from premises 2. The Genera! Aggregate Limit is the most we owned by or rented to you at which you are per - will pay for the sum of: forming operations pursuant to a contract or a. Damages under Coverage H; and agreement. For the purposes of determining the b. Damages from "occurrences" under applicable aggregate limit of insurance, each COVERAGE A (SECTION 1) and for all "project" that includes premises involving the medical expenses caused by accidents same or connecting lots, or premises whose con. under COVERAGE C (SECTION 1) which nection is interrupted only by a street, roadway, cannot be attributed only to operations at waterway or right-of-way of a railroad shall be a single designated "project" shown in the considered a single "project". SCHEDULE above. F. The provisions of SECTION III ® LIMITS OF D. When coverage for liability arising out of the INSURANCE not otherwise modified by this en - "products, -completed operations hazard" is pro- dorsement shall continue to apply as s4ipulated. Pa e 2 of 2 Copyright, The Travelers Indemnity Company, 2DD4 CG ®211 Q1 04 9 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, and any other person or organization qualifying as a Named Insured under this policy. The words "we"> "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section 11 - Who Is An Insured. Okher words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. )AMAGE LIABILITY 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury' or "property damage" 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 „ or property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence!' and settle any claim or "suit" that may result. But a. (1) The amount we will pay for damages is limited as described in Section III —Limits Of insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "bodily injury' and "property damage" only if: COMMERCIAL GENERAL LIABILITY (1) The "bodily injury' or "property damage" is caused by an "occurrencd' that takes place in the "coverage territory"; (2) The "bodily injury' or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — 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. c. "Bodily injury, or property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section 11 — Who Is An Insured or any "employee" authorized by you to give or receive notice of an ' occurrencd' or claim, includes any continuation,change or resumption of that "bodily injury' or "property damage" after the end of the policy period. d. "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 II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrencd' or claim. (1) Reports all, or any part, of the "bodily injury' or "property damage" to us or any other insurer; (i) 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. CG T1 00 02 19 ®2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office. Inc. wish its permission. Page y of 21 001033 COMMERCIAL GENERAL LIABILITY e. Damages because of "bodily injuryinclude damages claimed by any person or organization for care, loss of services or death resulting at anytime from the "bodily injury'. 2. Exclusions This insurance does not apply to: a. Expected Cr Intended Injury "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. b. Contractual Liability "Bodily injury' or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contractor agreement that is an "insured 'contract", provided that the "bodily injury' or "property damage" occurs subsequent to the execution of the contract or agreement Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of "bodily injury' or "property damage", provided that (a) Liability to such patty for, or for the cost of, that party's defense has also been assumed in the same "insured contract's and (b) such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for 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 () Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, searing or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d Workers' Compensation And similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e, Employer's Liability "Bodily in jur to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment bythe 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 paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and 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' or "property damage" arising out of the actual alleged or threatened discharge, dispersal, seepage, migration, release or escapeof "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 applyto: (1) "Bodily injury' if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that Page 2 of 21 ®2017 The Travelers indemnity Company. All rights reserved. GG T1 01) 02 19 Includes copyrighted material of Insurance Services Office, Inc. with ils permission. COMMERCIAL GENERAL LIABILITY is used to heat, cool or dehumidify to perform the normal electrical the building, or produced by or hydraulic or mechanical functions originating from equipment that is necessary for the operation of used to heat water for personal mobile equipment" or its parts, if use by the building's occupants or such fuels, lubricants or other their guests; operating fluids escape from a "property vehicle part designed to hold, store (li) "Bodily injury or or receive them. This exception damage for which you may be does not apply if the "bodily injury' held liable, if you are a contractor or "property damage arises out of and the owner or lessee of such the intentional discharge, dispersal premises, site or location has been or release of the fuels, lubricants added to your policy as an or other operating fluids, or if such additional insured with respect to fuels, lubricants or other operating your ongoing operations performed fluids are brought on or to the for that additional insured at that remises, site or location with the premises, site or location and such p premises, site or location is not intent that they be discharged, ied dispersed or released as part of and never was owned or occup by, or rented or loaned to, any the operations being performed by insured, other than that additional such insured, contractor or subcontractor; insured; or (iii) "Bodily injury' or "property (ii) "Bodily injury' or "property damage" arising out of heat, damage" sustained within a smoke or fumes from a "hostile building and caused by the release fire"; of gases, fumes or vapors from (b) At or from any premises, site or materials brought into that building in connection with operations being location which is or was at any time used by or for any insured or others for performed by you or on your behalf the handling, storage, disposal, by contractor or subcontractor; or ` processing or treatment of waste; (lii) "Bodily injury' or "property per= (c) If such "pollutants" are or were at any damage" arising out of heat, time transported, handled, stored, smoke or fumes from a "hostile treated, disposed of, or processed as fire"; or waste by or for: (e) At or from any premises, site or o� (i) Any insured; or location on which any insured or any OM (li). Any person or organization for contractors or subcontractors working milli whom you may be legally directly or indirectly on any insured's responsible; behalf are or were at any time any premises, site or performing operations to test for, (ci) At or from --� location on which any insured or any monitor, clean up, remove, contain, detoxify SM contractors or subcontractors working treat, eoxify or neutralize, or in any ' directly or in on any inss the effects ured's way respond to, or asses behalf are performing operations if the of, "pollutants". "pollutants" are brought on or to the (2) Any loss, cost or expense arising out of remises, site or location in connection p any with such operations by such insured, -= contractor or subcontractor. However, (a) Request, demand, order or statutory or this subparagraph does not apply to: regulatory requirement that any insured or "property or others test for, monitor, clean up, (i) "Bodily injury remove, contain, treat, detoxify or damage" arising out of the escape neutralize, or in any way respond to, or of fuels, lubricants or other operating fluids which are needed assess the effects of, "pollutants or CG T1 00 02 19 ® 2017 The Travelers Indemnity Company. All rights reserved. Page 3 Of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 001034 COMMERCIAL GENERAL LIABILITY (b) Claim or suit by or on behalf of any (b) The operation of any of the machinery governmental authority or any other or equipment listed in Paragraph f.(2) person or organization because of or f.(3) of the definition of "mobile cleanin u testing for, monitoring, cleaning Pi equipment"; or removing, containing, treating, (6) An aircraft that is: detoxifying or neutralizing, or in any (a) Chartered with a pilot to any insured; way responding to, I or assessing the (b) Not owned by any insured; and effects of, "pollutants". g. (c) Not being used to carry any person or Aircraft, Auto or Watercraft propertyfor a charge. "Bodily injury' or "property damage" arising out of the ownership, maintenance, use or h. Mobile Equipment entrustment to others of any aircraft, "auto" or 'Bodily injury' or "property damage" arising out watercraft owned or operated by or rented or of: loaned to any insured. Use includes operation (1) The transportation of "mobile equipment" and "loading or unloading". by an "auto" owned or operated by or This exclusion applies even if the claims rented or loaned to any insured; or against any insured allege negligence or other (2) The use of "mobile equipment" in, or while wrongdoing in the supervision, hiring, in practice for, or while being prepared for, employment, training or monitoring of others by any prearranged racing, speed, demolition, that insured, if the "occurrence' which caused or stunting activitY the "bodily injury' or "property damage" involved i War the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or "Bodily injury' or "property damage" arising out watercraft that is owned or operated by or of: rented or loaned to any insured. (1) War, including undeclared or civil war; This exclusion does not applyto: (2) Warlike action by a military force, including (1) A watercraft while ashore on premises you action in hindering or defending against an own or rent; actual . or expected attack, by any you do not own that is. (2) A watercraft government, sovereign or other authority using military personnel or other agents; or (a) 5o feet long or less; and (3) Insurrection, rebellion, revolution, usurped (b) Not being used to carry any person or power, or action taken by governmental propertyfor a charge; authority in hindering or defending against (3) Parking an "auto" on, or on the ways next any of these. to, premises you own or rent, provided the "auto" j, Damage To Property Is not owned by or rented or loaned "property damage" to: to you or the insured; (1) Property you own, rent, or occupy, (4) Liability assumed under any "insured including any costs or expenses incurred contract" for the ownership, maintenance or by you, or any other person, organization or use of aircraft or watercraft; entity, for I repair, replacement, (5) "Bodily injury' or "property damage arising enhancement, restoration or maintenance out of of such property for any reason, including (a) The operation of machinery or prevention of injury to a person or damage equipment that is attached to, or part to another's property, of, a land vehicle that would qualify as (2) Premises you sell, give awayor abandon, if "mobile equipmenVI under the definition the "property damage"arises out of any of "mobile equipment' if such land part of those premises; cle were not subject to a vehl ; compulsory or financial responsibility (3) Property p m' loaned to you law, or other motor vehicle insurance (4) Personal property in the care, custody or law, where it is licensed or principally control of the insured; garaged; or Page 4 of 21 ®2017 The Travelers Indemnity Company. All rights resented. CG T100 OZ 19 Includes copyrighted material of Insurance Services Ofiice, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (5) That particular part of real property on accidental physical injury to your product" or which you or any contractors or "your work" after it has been put to its intended subcontractors working directly or indirectly use. on your behalf are performing operations, if ti, Recall of Products, Mork Or Impaired the "property damage" arises out of those Property operations; or Damages claimed for any loss, cost or expense (6) That particular part of any property that incurred by you or others for the loss of use, must be restored, repaired or replaced withdrawal, recall, inspection, repair, because "your work" was incorrectly replacement, adjustment, removal or disposal performed on it. of: Paragraphs (1)1 (3) and (4) of this exclusion do (1) "Your product"; not apply to "premises damage". A separate (2) ,Your work"; or limit of insurance applies to "premises damage" (3) "Impaired property`; as described in Paragraph 6. of Section III — if such product, work, or property is withdrawn Limits of Insurance* or recalled from the market or from use by any Paragraph (2) of this exclusion does not apply if person or organization because of a known or the premises are "your work" and were never suspected defect deficiency, inadequacy or occupied, rented or held for rental by you. dangerous condition in it. Paragraphs (3), (4)0 (5) and (6) of this o. Personal And Advertising Injury exclusion do not apply to liability assumed "Bodily injury' arising out of "personal and under a sidetrack agreements advertising injury'. Paragraph (6) of this exclusion does not apply Electronic Data to "property damage" included in the "products- P completed operations hazard". Damages arising out of the toss of, loss of use of, damage to, corruption of, inability to access, k• Damage To Your Product "Property damage" to "your product arising out or inability to manipulate "electronic data". of it or any part of it. However, this exclusion does not apply to liability for damages because of "bodily injury'. 1. Damage To Your Work �— "Property damage" to "your work" arising out of q Unsolicited Communication it or any part of it and included in the "products- "Bodily injury' or "property damage" arising out completed operations hazard". of any actual or alleged violation of any law that This exclusion does not apply if the damaged restricts or prohibits the sending, transmitting ° work or the work out of which the damage or distributing of "unsolicited communication". ° arises was performed on your behalf by a r. Access or Disclosure of Confidential Or mom.. subcontractor, Personal Information m. Damage To Impaired Property or Property "Bodily injury' or "property damage" arising out ° Not Physically Injured of any access to or disclosure of any person's "Property damage" to "impaired property' or or organization's confidential or personal property that has not been physically injured, information. arising out of. s. Asbestos (1) A defect, deficiency, inadequacy or 1 "Bodily injury' or "property damage" arising dangerous condition in ,your product" or ( ) out of the actual or alleged presence or °== "your work': or _ actual, alleged or threatened dispersal of (2) A delay or failure by you or anyone acting asbestos, asbestos fibers or products on your behalf to perform a contract or containing asbestos, provided that the agreement in accordance with its terms. 'bodily injury' or "property damage" is This exclusion does not apply to the loss of use caused or contributed to by the hazardous of other property arising out of sudden and properties of asbestos. Pape 5 of 21 GG T1 OQ 02 19 ®2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with ils permission. 001035 COMMERCIAL GENERAL LIABILITY employment -related practices described in (2) "Bodily injury' or "property darYrage" arising ), (( g out of the actual or alleged presence or a h Para lap hc above is directed. r actual, alleged or threatened dispersal of This exclusion applies ), oor (c)er the insured may any solid, liquid, gaseous or thermal irritant be liable as an employer or in any other capacity or contaminant, including smoke, vapors, and to any obligation to share damages tAffi or soot, fumes, acids, alkalis, chemicals and repay someone else who must pay damages waste, and that are part of any claim or because of the ^bodily injury'. "suit' which also alleges any "bodily injury' Exclusions ca through n. do not apply to "premises or "property damage" described in damage". A separate limit of insurance applies to Paragraph (1) above. "premises damage" as described in Paragraph C-, of (3) Any loss, cost or expense arising out of Section III — Limits Of Insurance. any. COVE GE B ® PERSONAL AND ADVERTISING (a) Request, demand, order of statutory or INJURY LIABILITY regulatory requirement that any insured 1. insuring Agreement or others test for, monitor, clean up, a. We will pay those sums that the insured remove, contain, treat, detoxify or becomes legally obligated to pay as damages neutralize, or in any way respond to, or because of "personal and advertising injury' to assess the effects of, asbestos, which this.insurance applies. We will have the asbestos fibers or products containing right and duty to defend the insured against any asbestos; or "suit" seeking those damages. However, we will (b) Claim or suit by or on behalf of any have no duty to defend the insured against any governmental authority or any other "suit" seeking damages for "personal and advertising injury' to which this insurance does person or organization because of not apply. We may, at our discretion, testing far, monitoring, cleaning up, investigate any offense and settle any claim or removing, containing, treating, "suit, that may result. But: detoAfying or neutralizing, or in any way responding to, or assessing the (1) The amount we will pay for damages is effects of, asbestos, asbestos fibers or limited as described in Section III — Limits products containing asbestos. Of Insurance; and t Ernployrvrent-Related Practices (2) Our right and duty to defend end when we "Bodilyin ury' to: have used up the applicable limit of insurance in the payment of judgments or (1) A person arising out of any: settlements under Coverages A or B or (a) Refusal to employ that person; medical expenses under Coverage C. (b) Termination of that person's No other obligation or liability to pay sums or employment; or perform acts or services is covered unless (c) Employment -related practice, policy, explicitly provided for under Supplementary act or omission, such as coercion, Payments. demotion, evaluation, reassignment, b. This insurance applies to "personal and advertising injury' caused by an offense ari discipline, failure to promote or sing advance, harassment, humiliation, discrimination, libel, slander, violation out of your business but only if the offense was Co in the "coverage territory' during the of the person s right of privacy, period, malicious prosecution or false arrest, policy P detention or imprisonment applied to or 2. Exclusions directed at that person, regardless of This insurance does not apply to: whether such practice policy, act or a. Knowing Violation Of Rights Of Another omission occurs, is applied or is committed before, during or after the "Personal and advertising injury' caused by or time of that person's employment; or at the direction of the insured with the (2) The spouse, child, parent, brother or sister knowledge that the act would violate the rights of that person as a consequence of "bodily of another and would inflict "personal and injury' to that person at whom any of the advertising injury'. Page 6 of 21 � 2o17 The Travelers Indemnify Company. All rights reserved. CG T100 82 19 Intrudes copyrighted material of Insurance Services Office. Inc. with its permission. CdMMERCIAL GENERAL LIABILITY to "personal against a civil or alternative dispute This exclusion does not apply p resolution proceeding in which injury caused by malicious prosecution, damages to which this insurance Ij. Material Published With l%rnovdedge Cf applies are alleged. Falsity f, Breach Of Contract "Personal and advertising injury' arising out of ,Advertising injury' arising out of a breach of oral or written publication, including publication contract by electronic means, of material, if done by or at g Quality Cr performance Goods ®Failure the direction of the insured with knowledge of To ConformTo Statements its falsity. c, Material Published or Used Prior To Policy "Advertising injury' arising out of the failure of Period goods, products or services to conform with (1) ' arisingout any statement of quality or performance made Personal and advertising injury' advertisement". of oral or written publication, including in your „ Wrong Description Ai Prices publication by electronic means, of material h whose first publication took place before "Advertising injury' arising out of the wrong the beginning of the policy period; or description of the price of goods, products or (2) "Advertising injury' arising out of services stated in your "advertisement"* infringement of copyright, "title" or "slogan" i, Intellectual Property in your "advertisement" whose first "personal and advertising injury' arising out of infringement in your "advertisement" was an actual or alleged in or violation of committed before the beginning of the any of the following rights or laws, or any other policy period. "personal and advertising injury' alleged in any d. Criminal Acts claim or "suit" that also alleges any such "Personal and advertising injury' arising out of a infringement or violation: criminal act committed by or at the direction of (1) Copyright; the insured. (2) patent; e. Contractual Liability (3) Trade dress; ' "Personal and advertising injury' for which the insured has assumed liability in a contract or (4) Trade name; agreement. This exclusion does not apply to (5) Trademark; liabill Ifor damages: (6) Trade secret; or (1) That the insured would have in the absence (7) Other intellectual property rights or laws. of the contract or agreement; or This exclusion does not apply to: ° (2) Because of "personal injury' assumed by you in a contract or agreement that is an (1) ."Advertising injury' arising out of any actual "insured contract', provided that the or alleged infringement or violation n -= "personal injury' is caused by an offense another's copyright, "title" or "slogan" in committed subsequent to the execution of your "advertisement"; or the contract or agreement. Solely for the (2) Any other "personal and advertising injury' purposes of liability assumed by you in an alleged in any claim or "suit" that also "insured contract", reasonable attorneys' alleges any such infringement or violation fees and necessary litigation expenses of another's copyright, "title" or "slogan" in incurred by or for a party other than an your "advertisement". °= insured will be deemed to be damages because of "personal injury', provided that: ,' Insureds in Media And Internet Type Businesses (a) Liability to such party for, or for the cost of, that party's defense has also "Personal and advertising injury' caused by an been assumed by you in the same offense committed by an insured whose "insured contract"; and business is: (b) Such attorneys' fees and litigation (1) Advertising, "broadcasting" or publishing; expenses are for defense of that party CG T1 Ot} 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 7 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 001036 COMMERCIAL_ GENERAL LIABILITY (2) Designing or determining content of neutralizing, or in anyway responding to, or websites for others; or assessing the effects of, "pollutants". (3) An Internet search, access, content or o. War service provider. "Personal and advertising injury' arising out of: However, this exclusion does not apply to (1) War, including undeclared or civil war; Paragraphs a.(1), (2) and (3) of the definition of (2) Warlike action by a militaryforce, including "personal injury'action in hindering or defending against an For the purposes of this exclusion: actual or expected attack, by any (1) Creating and producing correspondence government sovereign or other authority written in the conduct of your business, using military personnel or other agents; or bulletins, financial or annual reports, or (3) Insurrection, rebellion, revolution, usurped newsletters about your goods, products or power, or action taken by governmental services will not be considered the authority in hindering or defending against business of publishing; and any of these. (2) The placing of frames, borders or links, or p. Unsolicited communication advertising, for you or others anywhere on Personal and advertising injury' arising out of the Internet will not, by itself, be considered the business of advertising, "broadcasting" any actual or alleged violation of any law that restricts or prohibits the sending, transmitting or publishing. or distributing of "unsolicited communication". k. Electronic Chatrooms Or Bulletin Boards q Access Or l7isclosure Of Confidential Or anelectronic hatroom orb "Personal and nu fet'n board the advertising arising out of information � arising out of Personal and advertising injury insured hosts or owns, or over which the any access to or disclosure of any person Is or insured exercises control, organizabon's confidential or personal I. Unauthorized Use Of Another's Name Or information. Product r. Asbestos "Personal and advertising injury' arising out of (1) "Personal and advertising injury' arising out the unauthorized use of anothees name or of the actual or alleged presence or actual, product in your e-mail address, domain name or alleged or threatened dispersal of asbestos, metatag, or any other similar tactics to mislead asbestos fibers or products containing another's potential customers. asbestos, provided that the "personal and advertising injury' is caused or contributed m. Pollution to bythe hazardous properties of asbestos. "Personal and advertising injury' arising out of (2) Personal and advertising injury' arising out the actual, alleged or threatened discharge, of the actual or alleged presence or actual, dispersal, seepage,. migration, release or alleged or threatened dispersal of any solid, escape of "pollutants" at anytime. liquid, gaseous or thermal irritant or n. Pollution -Related contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and Any loss, cost or expense arising out of any. waste, and that are part of any claim or ('1) Request, demand, order or statutory or "suit" which also alleges any "personal and regulatory requirement that any insured or advertising injury' described in Paragraph others test for, monitor, clean up, remove, (,) above. contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects (3) ny loss, cost or expense arising out of Of, "pollutants' $ or (2) Claim or suit by or on behalf of any (a) Request, demand, order or statutory or governmental authority or any other person regulatory requirement that any insured or others test for, monitor, clean up, or organization because of testing for, remove, contain, treat, detoxify or monitoring, cleaning up, removing, containing, treating, detoxifying or neutralize, or in any way respond to, or Page 8 of 21 ®2077 7ite Travelers Indemnity Company. All rights reserved. cc T1 oa 02 19 Includes copyrighted material of Insurance Services Office, Inc, with its permission. assess the effects of, asbestos, asbestos fibers or products containing asbestos; or (b) Claim or suit by or on behalf of any governmental authority or any 011ie' - person or organization because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, asbestos, asbestos fibers or products containing asbestos. s. �rrtplo ent®elated Practices "Personal injury'to: (1) A person arising out of any. (a) Refusal to employthat person; (b) Termination of that person's employment; or (c) Employment -related practice, policy, act or omission, such as coercion, demotion, evaluation, reassignment, discipline, failure to promote or advance, harassment, humiliation, discrimination, libel, slander, violation of the person's right of privacy. malicious prosecution or false arrest, detention or imprisonment applied to or directed at that person, regardless of whether such practice, policy, act or omission occurs, is applied or is committed before, during or after the time of that person's employment; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal injury' to that person at whom any of the employment -related practices described in Paragraph (a), (b), or (c) above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the "personal injury'. C()VEF2AGE C — MEDICAL PAYMENTS Insuring Agreement a, We will pay medical expenses sect b described below for "bodily injury' y an (1) On premises you own or rent; (2) On ways next to premises you own or rent; or COMKIiERCIAL GENERAL LIABILI I Y (3), Because of your operations; provided that: (a) The accident takes place in the "coverage territory` and during the policy period; (b) The e>Venses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. 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, We will not pay expenses for "bodily injury': a. Any Insured 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 Laws 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 or disability benefits law or a similar law. Ta a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products-completecl operations Hazard Included within the operations hazard".= erage A Exclusions CC .�-' 0® 02 14 ©2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted maierial of Insurance Services Office, Inc. with its permission. "products -completed Page 9 of 21 001037 COMMERCIAL GENERAL LIABILITY SUPPLEMENTARY PJ,YIfiENfS 1, We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we Incur. b, Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. e. All court costs taxed against the insured in the "suit", However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. 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. g. 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. These payments will not reduce the limits of insurance 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. 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'; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. 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 f. The indemnitee: {1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit ; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit' ; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, 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 2.b.(2) of Section I — Coverages — Coverage A — Bodily Injury And Property Damage Liability or Paragraph 2.e. of Section 1 — Coverages — Coverage B — Personal And Advertising Injury Liability, such payments will not be deemed to be damages for "bodily injury', "property damage" or "personal injury', 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: Page 10 of 21 © 2017 The Travelers Indemn(ty Company. All rights reserved, CG 'i1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. a, We have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses; or 13. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met SECTION II ® WHo IS AID INSURED 1. If you 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. b. A partnership or joint venture, you are an insured. Your members, your partners, and 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 stockholderso cooA 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. 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 you or while performing duties related to the conduct of your business, However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury' or "personal 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), 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 COMMERCIAL_ GENERAL LIABILITY workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that coo"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury' arising out of providing or failing to provide first aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. (2) "Property damage" to property. (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by, you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization, while acting as your real estate manager. c. Any person or organization hating proper temporary custody of your property if you die, but only. (1) With respect to liability arising out of the maintenance or use of that property, and (2) Until your legal representative has been appointed. CG T1 00 02 19 ®2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 11 of 21 001036 CfJMMERCIAL GENERAL LIABILITY d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage ParL e, Any person or organization that, with your express or implied consent, either uses or is responsible for the use of a watercraft that you do not own that is: (�) 50 feet long or less; and (2) Not being used to carry any person or property for a charge. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. 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; b. Coverage A does not apply to "bodily injury' or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury' arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section 11 — Who is An Insured, each such organization will be deemed to be designated in the Declarations as: a. An organization, other than a partnership, joint venture or limited liability company, or b, A trust; as indicated in its name or the documents that govern its structure. 4. Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" that: a. Is "bodily injuryor property damage" that occurs, or is "personal and advertising injury' caused by an offense that is committed, subsequent to the signing of that contract or agreement; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor is subject to the following provisions: The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. The insurance provided to such premises owner, manager or lessor does not apply to. (1) Any "bodily injury' or "property damage" that occurs, or "personal and advertising injury' caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, manager or lessor. ! 5. Any person or organization that is an equipment lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury', "property damage", or "personal and advertising injury' that: a. Is "bodily injury' or "property damage" that occurs, or is "personal and advertising injury' caused by an offense that is committed, subsequent to the signing of that contract or agreement; and b. Is caused, in whole or in part, by your ads or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. lo. The insurance provided to such equipment lessor does not apply to any "bodily injury' or "property damage" that occurs, or "personal and advertising injury' caused by an offense that is committed, after the equipment lease expires. No person or organization is an insured with respect to the conduct of any current or past partnership, joint Page 12 Of 21 m 2017 The Travelers Indemnity Company. All rights reserved. CG i1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY a. The amount shown for the Damage To venture or limited liability company that is not shown as premises Rented To You Limn in the a Named Insured in the Declarations. This paragraph Declarations of this Coverage Para; or does not apply to any such partnership, joint venture or limited liability company that otherwise qualifies as an 1). $3003000 if no amount is shown for the insured under Section 11 — Who Is An Insured. Damage Tot one Premises Rented To Yount Limit in SECTION !!! LIMITS OF INSI� NCE the y, Subject to Paragraph go above, the Medical The Limits of Insurance shown in the Declarations Expense Limit is the most we will p 1. ay under and the rules below fix the most we will pay Coverage C for all medical expenses because of regardless of the number of: "bodily injury' sustained by anyone person. a. Insureds; The Limits of Insurance of this Coverage Part apply b. Claims made or "suits" brought; or separatelyto each consecutive stha n 1 months annual period and t with o any c. Persons or organizations making claims or remaining period the beginning of the policy period shown in the bringing "suits". Declarations, unless the policy period is extended after 2. The General Aggregate Limit is the most we will pay issuance for an additional period of less than 12 for the sum of: months. In that case, the additional period will be a. Medical expenses under Coverage C; deemed part of the last preceding period for purposes of b. Damages under Coverage A, except damages determining the Limits of Insurance, because of "bodily injury' or "property damage" SECTION 1V . COMMERCIAL GENERAL LIABILITY included in the "products -completed operations CONDITIONS hazard"; and 1. Bankruptcy c. Damages under Coverage B. Bankruptcy or insolvency of the insured or of the 3. The Products -Completed Operations Aggregate insured's estate will not relieve us of our obligations Limit is the most we will pay under Coverage A for under this Coverage Part. damages because of "bodily injury' and "property 2. Duties In The Event Of Occurrence, Offense, damage" included in the products -completed Claim Or Suit operations hazard". a. You must see to it that we are notified as soon `® bove, the Personal And as practicable of an "occurrence 4. Subject to Paragraph 2* as or an offense Advertising Injury Limit is the most we will pay which may result in a claim. To the extent M-- under Coverage B for the sum of all damages possible, notice should include: cam because of all "personal injury' and "advertising (1) How, when and where the "occurrence" or injury' sustained by any one person or organization. offense took place; o== 5. Subject to Paragraph 2. or 3. above, whichever (2) The names and addresses of any injured applies, the Each Occurrence Limit is the most we persons and witnesses; and will pay for the sum of: (3) The nature and location of any injury or OEM a. Damages under Coverage A; and damage arising out of the "occurrence" or b. Medical expenses under Coverage C; offense. on=because of all "bodily injury' and "property damage" b. If a claim is made or "suit" is brought against arising out of any one "occurrence"s any insured, you must. For the purposes of determining the applicable (1) Immediately record the specifics of the Each Occurrence Limit, all related acts or claim or "suit" and the date received; and omissions committed in providing or failing to (2) Notify us as soon as practicable, ° provide first aid or "Good Samaritan services" to any one person will be deemed to be one You must see to it that we receive written notice _ "occurrence"* of the claim or "suit" as soon as practicable. 6. Subject to Paragraph S. above, the Damage To c. You and any other involved insured must: Premises Rented To You Limit is the most we will (1) immediately send us copies of any pay under Coverage A for damages because of demands, notices, summonses or legal premises damage" to any one premises. The papers received in connection with the Damage To Premises Rented To You Limit will be: claim or "suit"; erved. Page 13 of 21 %`G T1 00 02 19 ®2017 The Travelers IndemnRy Company. All rights res Includes cepyrighted material of Insurance Services Office, Inc. with its permission. 001039 COMMERCIAL GENERAL LIABILITY (M) An executive officer or director of (2) Authorize us to obtain records and other any other organization; or information; (iv) A trustee of any trust; (3) Cooperate with us in the investigation or Dint venture settlement of the claim or defense against that is your partner, j the "suit"; and member, manager or trustee; or (4) Assist us, upon our request, in the (b) Any employee authorized by such enforcement of any right against any partnership, joint venture, limited person or organization which may be liable liability company, trust or other to the insured because of injury or damage organization to give notice of an to which this insurance may also apply. "occurrencd' or offense. d. No insured will, except at that insured's own (3) Notice to us of such "occurrence" or cost, voluntarily make a payment, assume any offense will be deemed to be given as soon obligation, or incur any expense, other than for as practicable rf it is given in good faith as first aid, without our consentv soon as practicable to your workers' to Paragraph a. compensation insurer. This applies only if e. The following provisions apply you subsequently give notice to us of the above, but only for purposes of the. insurance "occurrence" or offense as soon as provided under this Coverage Part to you or any practicable after any of the persons insured listed in Paragraph I. or 2. of Section Il described in Paragraph e.(') or (2) above — Who Is An Insured: discovers that the "occurrence" or offense (1) Notice to us of such "occurrence" or may result in sums to which the insurance offense must be given as soon as provided under this Coverage Part may practicable only after the "occurrence" or applya offense is known to you (if you are an However, if this policy includes an endorsement individual), any of your partners or that provides limited coverage for "bodily injury' members who is an individual (if you are a or property damage" or pollution costs arising partnership or joint venture), any of your out of a discharge, release or escape of managers who is an individual (if you are a "pollutants" which contains a requirement that limited liability company), any of your the discharge, release or escape of "pollutants" "executive officers" or directors (if you are must be reported to us within a specific number an organization other than a partnership, of days after its abrupt commencement, this joint venture, or limited liability company), Paragraph es does not affect that requirement. any of your trustees who is an individual (if 3. Legal Action Against Us you are a trust) or any "employee" you to give notice of an No person or organization has a right under this authorized by y Coverage Part: "occurrence" or offense. a. To join us as a party or otherwise bring us into (2) If you are a partnership, joint venture, a "suit" asking for damages from an insured; or limited liability company or trust, and none of your partners, joint venture members, b. To sue us on this Coverage Part unless all of its terms have been fully complied with. managers or trustees are individuals, notice to us of such "occurrence" or offense must A person or organization may sue us to recover on be given as soon as practicable only after an agreed settlement or on a final judgment against the "occurrence or offense is known by. an insured; but we will not be liable for damages that are not payable under the terms of this (a) Any individual who is: Coverage Part or that are in excess of the (i) A partner or member of any applicable limit of insurance. An agreed settlement partnership or joint venture; means a settlement and release of liability signed by us, the insured, and the claimant or the claimant's (ii) A manager of any limited liability legal representative. company; Page 14 of 21 � 20i7 The Travelers Indemnity Company. All rights reserved. CG T100 0219 Includes copyrighted material of insurance Services office, Inc. with its permission. If valid and collectible other insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as described in Paragraphs a. and b. below. As used anywhere in this Coverage Part, other insurance means insurance, or the funding of losses, that is provided by, through or on behalf of: (f) Another insurance company, (fi) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit provision of Paragraph 5. of Section III — Limits Of Insurance or the Non cumulation of Personal and Advertising Injury Limit provision of Paragraph 4. of Section III — Limits of Insurance applies because the Amendment — Non Cumulation Of Each Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising Injury Limit endorsement is included in this policy, (iii) Any risk retention group; or (iv)Any self-insurance method or program, in which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance, or excess insurance, that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. As used anywhere in this Coverage Part, other insurer means a provider of other insurance. As used in Paragraph c. below, insurer means a provider of insurance. a. Primary insurance when This insurance is primary except Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below, except when Paragraph do below applies. b. Excess Insurance (1) This insurance is excess over; (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work' COMMERCIAL GENERAL LIABILITY That is insurance for "premises damage"; (iii) if the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to any exclusion in this Coverage Part that applies to aircraft, "autos" or watercraft; (Iv) That is insurance available to a premises owner, manager or lessor that qualifies as an insured under Paragraph 4. of Section II — Who Is An Insured, except when Paragraph d. below applies; or (v) That is insurance available to an equipment lessor that qualifies as an insured under Paragraph 5. of Section 11 — Who Is An Insured, except when Paragraph do below applies. (b) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. (2) When this insurance is excess, we will have no duty under Coverages A or B 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. (3) 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: (a) The total amount that all such other insurance would payfor the loss in the absence of this insurance; and (b) The total of all deductible and self - insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specificallyto apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. CG T1 00 02 19 c� 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 15 of 21 001040 COIV MERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we vi11i 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. d. Primary And Non-ContnbuiOry InsuranCe If Required By Wrifeten Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury' or "property damage" far which coverage is sought occurs; and (2) The "personal and advertising injury' for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete: b. Those statements are based upon representations you made to us; and We have issued this policy in reliance upon Your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance, However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. �. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. &. Transfer Of Fights Of Recovery Against Others To Os If the insured has rights to recover all or part of any payment 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. g. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V ® DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement Page 16 of 27 ®2017 The Travelers Indemnity Company. All rights reserved• CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc, with its permission. 2. "Advertising injury': a. Means injury caused by one or more of the following offenses: (1) Oral or written publication, including publication by electronic means, of material in your advertisement" that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, provided that the claim is made or the "suit' is brought by a person or organization that claims to have been slandered or libeled, or that claims to have had its goods, products or services disparaged; (2) Oral or written publication, including publication by electronic means, of material in your "advertisement" that: (a) Appropriates a person's name, voice, photograph or likeness; or (b) Unreasonably places a person in a false light; or (3) Infringement of copyright, "title" or "slogan" in your "advertisement", provided that the claim is made or the "suit is brought by a person or organization that claims ownership of such copyright, "title" or "slogan". b. Includes "bodily injury' caused by one or more of the offenses described in Paragraph a. above. 3. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law, or other motor vehicle insurance law, where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 4. "Bodily injury' means: a. Physical harm, including sickness or disease, sustained by a person; or b. Mental anguish, injury or illness, or emotional distress, resulting at any time from such physical harm, sickness or disease. s. 'Broadcasting" means transmitting any audio or visual material for any purpose: a. By radio or television; or COMMERCIAL GENERAL LIABILITY b, In, by or with any other electronic means of communication, such as the Internet, if that material is part of: (I) Radio or television programming being transmitted; (2) Other entertainment educational, instructional, music or news programming being transmitted; or (3) Advertising transmitted with any of such programming. 6, "Coverage territory' means: a. ThUnited States of Am eerica (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph as above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph at above, but is away for a short time on your business; or (3) "Personal and advertising injury' offenses that take place through the Internet or similar electronic means of communication; provided the insured's responsibility to pay is determined in a "suit" on the merits in damages the territory described in Paragraph a, above, or in a settlement we agree to. 7. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 8. "Employee" includes a leased worker". "Employee" does not include a "temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. CG T1 00 02 19 ©2017 The Travelers Indemnity Company. All rights reserved. lnGludes copyrighted material of Insurance Services Office, Inc. With its permission. Page 17 of 21 001041 COMMERCIAL GENERAL LIAPILI I T lop Good Samaritan services" means any emergency medical services for which no compensation is demanded or received. 11. "Hostile fire" means a fire which becomes uncontrollable or breaks out from where it was intended to be. 12. "Impaired property" oreans yourawork'e hatperty, other cannot be than "your p ay our or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. 13, "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 "premises damage" is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; 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', "property damage" or "personal injury' 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 to does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury' or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; () 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 specificafions; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) 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 those listed in Paragraph (2) above and supervisory, inspection, architectural or engineering activities. 74. 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". 15. "Loading or unloading" means the handling of property. a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto". b. While it is in or on an aircraft, watercraft or "auto". or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading'rneans of does mechanical the movement of property by device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 16. "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 that travel on crawler treads; Page 18 of 21 ®20'17 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office. Inc. wish its permission. COMMERCIAL GENERAL LIABILITY d. Vehicles, whether self-propelled or not, b. An act or omission committed in providing or maintained primarily to provide mobility to failing to provide first aid or "Good Samaritan permanently mounted: services" to a person, unless you are in the diggers or business or occupation of providing (1) Power cranes, shovels, loaders, digg professional health care services. drills; or (2) Road construction or resurfacing 'i�. "Personal and advertising injury' means "personal in equipment such as graders, scrapers or jury' or "advertising injury . rollers; 19. "Personal injury': e. Vehicles not described in Paragraph a., b-, Co a Means injury, other than "advertising injury', or d, above that are not self-propelled and are caused by one or more of the following maintained primarily to provide mobility to offenses: permanently attached equipment of the (1) False arrest, detention or imprisonment; following types: (1) Air compressors, pumps and generators, (2) Malicious prosecution; including spraying, welding, building cleaning, geophysical exploration, lighting (3) The wrongful eviction from, wrongful entry and well servicing equipment; or into, or invasion of the right of private occupancy of a room, dwelling or premises (2) Cherry pickers and similar devices used to that a person occupies, provided that the raise or lower workers; wrongful eviction, wrongful entry or invasion f. Vehicles not described in Paragraph a., b., c* of the right of private occupancy is or d, above maintained primarily for purposes committed by or on behalf of the owner, other than the trarisportation of persons or landlord or lessor of that room, dwelling or cargo, premises; However, self-propelled vehicles with the (4) Oral or written publication, including following types of permanently attached equipment are not mobile equipment" but will publication by electronic means, of material be considered "autos": that slanders or Jibes a person or organization or disparages a person's or (1) Equipment designed primarilyfor: organization's goods, products or services, (a) Snow removal; provided that the claim is made or the "suit" is brought by a person or organization that (b) Road maintenance, but not claims to have been slandered or libeled, or construction or resurfacing; or that claims to have had its goods, products (c) Street cleaning; or services disparaged; or (2) Cherry pickers and similar devices 5 Oral or written publication, including mounted on automobile or truck chassis () publication by electronic means, of material and used to raise or lower workers; and that: (3) Air compressors, pumps and generators, a ro riates a person's name, voice, including spraying, welding, building () A pP p cleaning, geophysical exploration, lighting photograph or likeness; or and well servicing equipment. (b) Unreasonably places a person in a However, "mobile equipment" does not include any false light. land vehicle that is subject to a compulsory or Includes "bodily Injury' caused by one or more financial responsibility law, or other motor vehicle b, of the offensesdescribed in Paragraph a. insurance law, where it is licensed or principally above. garaged. Such land vehicles are considered "autos". 20. "Pollutants" mean any solid, liquid, gaseous or i7. "Occurrence" means: thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and a. An accident, including continuous or repeated exposure to substantially the same general waste. Waste includes materials to be recycled, reconditioned or reclaimed, harmful conditions; or CG T1 ot) 02 19 ©2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 19 of 21 001042 COMMERCIAL GENERAL LIABILITY contract calls for work at more than 21, "Premises damage" means: one job site. a. With respect to the first paragraph of the exceptions in Exclusion j. of Section 6 — (c) When that part of the work done at a Courage A — Bodily Injury And Property job site has been put 4o its intended use by any person or organization other Damage Liability, "property damage" to any premises while rented to you for a period of than another contractor or seven or fewer consecutive days, including the subcontractor working on the same contents of such premises; or project b. With respect to the exception to Exclusions e. Work that may need service, maintenance, through n. in the last paragraph of Paragraph 2. correction, repair or replacement, but which of Section I Coverage A — Bodily Injury And is otherwise complete, will be treated as Property Damage Liability, "property damage to completedo any premises while rented to you for a period of b Does not include "bodily injury' or "property more than seven consecutive perm r while damage" arising out of: temporarily occupied by y (1) The transportation of property, unless the the owner, caused by: injury or damage arises out of a condition in (1) Fire; or on a vehicle not owned or operated by (2) Explosion; you, and that condition was created by the "loading or unloading" of that vehicle by any (3) Lightning; insured; (4) Smoke resulting from fire, explosion or lightning; or (2) The existence of tools, uninstalled equipment or abandoned or unused (5) Water. materials; or But "premises damage" under this Paragraph (3) Products or operations for which the b. does not include "property damage to any classification, listed in the. Declarations or premises caused by, in a policy Schedule, states that products- (1) Rupture, bursting, or operation of pressure completed operations are subject to the relief devices; General Aggregate Limit (2) Rupture or bursting due to expansion or 23, "Property damage" means; swelling of the contents of any building or a physical injury to tangible property, including all structure caused by or resulting from water; resulting loss of use of that property. All such or lass of use will be deemed to occur at the time of (3) Explosion of steam boilers, steam pipes, the physical injury that caused it; or steam engines or steam turbines. p. Loss of use of tangible property that is not 22. "Products -completed operations hazard": physically injured, All such loss of use will be deemed to occur at the time of the "occurrence" a. Includes all "bodily injury' and "property that caused it. damage" occurring away from premises you For the purposes of this insurance, "electronic data" own or rent and arising out of "your product" or is not tangible property. "your work" except: 24, "Slogan": (1) Products that are still in your physical a Means a phrase that others use for the purpose possession; or of attracting attention in their advertising. (2) Work that has not yet been completed or b Does not include a phrase used as, or in, the abandoned. However, "your work' will be name of: deemed completed at the earliest of the (1) Any person or organization, other than you; following times: Or (a) When all of the work called for in your contract has been completed. (2) Any business, or any of the premises, goods, products. services or work, of any (b) When all of the work to be done at the person or organization, other than you. job site has been completed if your Page 20 of 21 m 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 001043 25. "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. 26. "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. 27. "Title" means a name of a literary or artistic work. 28. "Unsolicited communication" means any communication, in any form, that the recipient of such communication did not specifically request to receive. 29. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 30. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by. COMMERCIAL GENERAL LIABILITY (b) Others trading under }rout name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 31. "Your work": a. Means: (9) 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 ko the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. CG T1 00 OZ 19 ®2077 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Dffice, Inc, with its permission. Page 21 of 21 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any damage or medical expenses described in any of the provisions of this endorsement may be excluded or injury, d limited a another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to td by such an endorsement. The following listing is a general cover - he extent that coverage is excluded or limiteage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. BLANKETBe ,•„ • EMPLOYEECe D AUTO ,,EMPLOYEES F. SUPPLEMENTARY PAYMENTS LIMITS F. HIRED AUTO LIMITED WORLDWIDE ERAGE � INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE aw GLASS INCREASED PHYSICAL DAMAGE TRANSPO EXPENSES � LIMIT PERSONAL• NOTICE r KNOWLEDGE Ur Mokolv9=11 LOSS BLANKET WAIVER OF SUBROGATION NINTENTIONAL ERRORSOR OMISSIONS PROVI510NS this insurance applies and only to the extent that A. BROAD FORM NAMED INSURED person or organization qualifies as an "insured" The following is added to Paragraph A.1., Who Is under the Who Is An Insured provision contained An Insured, of SECTION II — COVERED AUTOS in Section 11. LIABILITY COVERAGE: C. EMPLOYEE HIRED AUTO Any organization you newly acquire or form dur- 1. The following is added to Paragraph A.1., ing the policy period over which you maintain Who is An Insured, of SECTION II a COV- 50% or more ownership interest and that is not ERED AUTOS LIABILITY COVERAGE: separately insured for Business Auto Coverage. An "employee" of yours is an "insured" while Coverage under this provision is afforded only un- operating an "auto" hired or rented under a til the 180th day after you acquire or form the or- contract or agreement in an "employee's" ganization or the end of the policy period, which- name, with your permission, while performing ever is earlier. duties related to the conduct of your busi- B, BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2' The following surancreplaces eo SECTION IV —Paragraph be i B.5., Who Is An Insured, of SECTION II — COVERED Other NESS AUTO CONDITIONS: AUTOS LIABILITY COVERAGE: b. For Hired Auto Physical Damage Cover - Any person or organization who is required under age, the following are deemed to be cov- a written contract or agreement between you and ered "autos" you own: that person or organization, that is signed and (1) Any covered "auto" you lease, hire, executed by you before the "bodily injury" or rent or borrow; and "property damage occurs and that is in effect during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 0201 5 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO permission, while performing duties related to the conduct of your busk tress. I however, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". I. EIViPLOYEES AS INSUIEC The following is added to Paragraph A.i., Who Is An Insured, of SECTION Il — COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us® ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEIAENTARY PAYMENTS INCREASED LIMITS 1, The following replaces Paragraph A.2.a.(2), of SECTION 11 — COVERED AUTOS LIABILa ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4)9 of SECTION 11 — COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of eamings up to $500 a day be- cause of time off from work. F. WIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7.1 Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered auto' that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) y (ii) Neither ou nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" Legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION iI — COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph Co. Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE, and not in addition ! to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 ®2075 The Travelers Indemnity You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. HIRED AUTO PHYSICAL DAMAGE we LOSS OF USE INCREASED LIMIT The following replaces the last sentence of Para- graph A.4,16.1 Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". PHYSICAL DAMAGE — TRANSPORTATION EXPENSES -- INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ili — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J, PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) owned by an "insured"; and f (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. It. AIRBAGS The following is added to Paragraph B.3., Exclu® stone, of SECTION III p PHYSICAL DAMAGE COVERAGE: Exclusion 3.a, does not apply to "loss" to one or more airbags in a covered "auto" you awn that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or le) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery At Others To Us, of SECTION IV wan BUSINESS AUTO CONDI- TIONS : S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident"„ „ or loss , provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 02 15 (9 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. wllh ils permission. Page 3 of 4 COMMERCIAL AUTO such contract, The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- tq, VtIpTt`tTlNA t �tx,RROMISSIONS ever this provision does not affect Our Fight to col - The following is added to Paragraph B.2., Car= lect additional premium Or exerclse cur right of oealnlent ftlsr� pe�nttion, Or Fraud, Of cancellation or nonerenewal. SECTION IV WSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 ihe Travelers Indemnity Compa ny. All rights reserved G� T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission.