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HomeMy WebLinkAboutCity of Bremerton, 1600 Oyster Bay Ave S, Bremerton, WA, 98312, Method of Distribution_ Print_Mail01/27/2025 Leavitt Group Northwest PO Box 833 Auburn WA 98071 Jessica Blaine (800) 726-8771 (866) 728-9168 jessica-blaine@leavitt.com Correct Equipment Inc 14576 NE 95th St Redmond WA 98052 Ohio Casualty Insurance Company 24074 West American Insurance Company 44393 25-26 A Y BKO61040878 02/13/2025 02/13/2026 1,000,000 100,000 10,000 1,000,000 2,000,000 2,000,000 B BAW61040878 02/13/2025 02/13/2026 1,000,000 A 10,000 USO61040878 02/13/2025 02/13/2026 1,000,000 1,000,000 A N BKO61040878 02/13/2025 02/13/2026 WA State Stop Gap 1,000,000 1,000,000 1,000,000 City of Bremerton is named as additional insured per written contract and terms and conditions of attached forms CG8810 0413 and CG8870 1208 attached. City of Bremerton 1600 Oyster Bay Ave S Bremerton WA 98312 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY COMMERCIAL GENERAL LIABILITY CG 85 83 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS - PRODUCTS/COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGEPART 2013Liberty Mutual Insurance CG 85 83 04 13 Page 1 of 2Includes copyrighted material of Insurance Services Office, Inc.,with its permission . A.Paragraph 2.under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": 1.Caused by "your work" performed for that additional insured that is the subject of the written contract or written agreement; and 2.Included in the "products-completed operations hazard". However: a)The insurance afforded to such additional insured only applies to the extent permitted by law; and b)If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b.of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Conditions. B.With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: 1."Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 2."Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a.The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b.Supervisory, inspection, architectural or engineering activities. 2013Liberty Mutual Insurance CG 85 83 04 13 Page 2 of 2Includes copyrighted material of Insurance Services Office, Inc.,with its permission . C.With respect to the insurance afforded by this endorsement, exclusion l. Damage To Your Work of Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: l. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products- completed operations hazard". D.With respect to the insurance afforded to these additional insureds, the following is added to Section II - Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declaration. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. E.With respect to the insurance afforded by this endorsement,Section IV - Commercial General Liability Conditions is amended as follows: 1.The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable: a.Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b.Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c.Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d.We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2.Paragraph 4.of Section IV - Commercial General Liability Conditions is amended as follows: a.The following is added to Paragraph a. Primary Insurance: If an additional insured’s policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured’s policy for damages we cover. b.The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. COMMERCIAL AUTO AC 85 01 06 18 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT 2017Liberty Mutual Insurance AC 85 01 06 18 Page 1 of 7IncludescopyrightedmaterialofInsuranceServicesOfficeInc.,with its Permission. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement,the provisions of the policy apply unless modified by the endorsement. If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title,this endorsement does not apply to vehicles garaged in that specified state. COVERAGE INDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 13 ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT 4 AMENDED DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS 21 AMENDED FELLOW EMPLOYEE EXCLUSION 6 AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 15 BODILY INJURY REDEFINED 25 EMPLOYEES AS INSUREDS (Including Employee Hired Auto)3 EXTRA EXPENSE -BROADENED COVERAGE 11 GLASS REPAIR -WAIVER OF DEDUCTIBLE 17 HIRED AUTO COVERAGE TERRITORY 23 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto)7 LOAN /LEASE GAP (Coverage Not Available In New York)16 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 2 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE)18 PERSONAL EFFECTSCOVERAGE 12 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 9 PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM 14 PRIMARY AND NON-CONTRIBUTORY -WRITTEN CONTRACT OR WRITTEN AGREEMENT 24 RENTAL REIMBURSEMENT 10 SUPPLEMENTARY PAYMENTS 5 TOWING AND LABOR 8 TRAILERS -INCREASED LOAD CAPACITY 1 TWO OR MORE DEDUCTIBLES 19 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 20 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 22 SECTION I -COVERED AUTOS is amended as follows: 1.TRAILERS -INCREASED LOAD CAPACITY The following replaces Paragraph C.1.Certain Trailers,Mobile Equipment And Temporary Substitute Autos of SECTION I -COVERED AUTOS: "Trailers"with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. 2017Liberty Mutual Insurance AC 85 01 06 18 Page 2 of 7IncludescopyrightedmaterialofInsuranceServicesOfficeInc.,with its Permission. SECTION II -LIABILITY COVERAGE is amended as follows: 2.NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION II - LIABILITY COVERAGE, Paragraph A.1. - Who Is An Insured is amended to include the following as an "insured": d.Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation. However, "insured" does not include any organization that: (1)Is a partnership or joint venture; or (2)Is an "insured" under any other automobile policy except a policy written specifically to apply in excess of this policy; or (3)Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy. Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 3.EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE,Paragraph A.1.Who Is An Insured is amended to include the following as an "insured": e.Any "employee"of yours while using a covered "auto"you do not own,hire or borrow but only for acts within the scope of their employment by you.Insurance provided by this endorsement is excess over any other insurance available to any "employee". f.Any "employee"of yours while operating an "auto"hired or borrowed under a written contract or agreement in that "employee’s"name,with your permission,while performing duties related to the conduct of your business and within the scope of their employment.Insurance provided by this endorsement is excess over any other insurance available to the "employee". 4.ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT SECTION II -LIABILITY COVERAGE,Paragraph A.1.Who Is An Insured is amended to include the following as an "insured": g.Any person or organization with respect to the operation,maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract,written agreement,or permit issued to you by governmental or public authority,to add such person,or organization,or governmental or public authority to this policy as an "insured". However,such person or organization is an "insured": (1)Only with respect to the operation,maintenance or use of a covered "auto"; (2)Only for "bodily injury"or "property damage"caused by an "accident"which takes place after you executed the written contract or written agreement,or the permit has been issued to you; and (3)Only for the duration of that contract,agreement or permit. The "insured"is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity.Unless the "insured"has agreed in writing to primary noncontributory wording per enhancement number 24,this policy is excess over any other collectible insurance. 5.SUPPLEMENTARY PAYMENTS SECTION II -LIABILITY COVERAGE,Coverage Extensions,2.a.Supplementary Payments,Paragraphs (2)and (4)are replaced by the following: (2)Up to $3,000 for cost of bail bonds (including bonds for related traffic violations )required because of an "accident"we cover.We do not have to furnish these bonds. (4)All reasonable expenses incurred by the "insured"at our request,including actual loss of earnings up to $500 a day because of time off from work. 2017Liberty Mutual Insurance AC 85 01 06 18 Page 3 of 7IncludescopyrightedmaterialofInsuranceServicesOfficeInc.,with its Permission. 6.AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where,by law,fellow "employees"are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule,or similar protection,the following provi- sion is added: SECTION II -LIABILITY,Exclusion B.5.Fellow Employee does not apply if the "bodily injury"results from the use of a covered "auto"you own or hire if you have workers compensation insurance in force for all of your "employees"at the time of "loss". This coverage is excess over any other collectible insurance. SECTION III -PHYSICAL DAMAGE COVERAGE is amended as follows: 7.HIRED AUTO PHYSICAL DAMAGE Paragraph A.4.Coverage Extensions of SECTION III -PHYSICAL DAMAGE COVERAGE,is amended by adding the following: If hired "autos"are covered "autos"for Liability Coverage,and if Comprehensive,Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto"you own,then the Physical Damage coverages provided are extended to "autos": a.You hire,rent or borrow;or b.Your "employee"hires or rents under a written contract or agreement in that "employee’s"name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: a.The most we will pay for "loss"in any one "accident"or "loss"is the smallest of: (1)$50,000;or (2)The actual cash value of the damaged or stolen property as of the time of the "loss";or (3)The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality,minus a deductible. b.The deductible will be equal to the largest deductible applicable to any owned "auto"for that coverage. c.Subject to the limit,deductible and excess provisions described in this provision,we will provide coverage equal to the broadest coverage applicable to any covered "auto"you own. d.Subject to a maximum of $1,000 per "accident",we will also cover the actual loss of use of the hired "auto"if it results from an "accident",you are legally liable and the lessor incurs an actual financial loss. e.This coverage extension does not apply to: (1)Any "auto"that is hired,rented or borrowed with a driver;or (2)Any "auto"that is hired,rented or borrowed from your "employee"or any member of your "employee’s"household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". 8.TOWING AND LABOR SECTION III -PHYSICAL DAMAGE COVERAGE,Paragraph A.2.Towing,is amended by the addition of the following: We will pay towing and labor costs incurred,up to the limits shown below,each time a covered "auto" classified and rated as a private passenger type,"light truck"or "medium truck"is disabled: a.For private passenger type vehicles,we will pay up to $75 per disablement. b.For "light trucks",we will pay up to $75 per disablement."Light trucks"are trucks that have a gross vehicle weight (GVW)of 10,000 pounds or less. c.For "medium trucks",we will pay up to $150 per disablement."Medium trucks"are trucks that have a gross vehicle weight (GVW)of 10,001 -20,000 pounds. However,the labor must be performed at the place of disablement. 2017Liberty Mutual Insurance AC 85 01 06 18 Page 4 of 7IncludescopyrightedmaterialofInsuranceServicesOfficeInc.,with its Permission. 9.PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a.Coverage Extensions,Transportation Expenses of SECTION III -PHYSICAL DAMAGE COVERAGE,is amended to provide a limit of $50 per day and a maximum limit of $1,500. 10.RENTAL REIMBURSEMENT SECTION III -PHYSICAL DAMAGE COVERAGE,A.Coverage,is amended by adding the following: a.We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto"because of "accident"or "loss",to an "auto"for which we also pay a "loss"under Comprehensive,Specified Causes of Loss or Collision Coverages.We will pay only for those ex- penses incurred after the first 24 hours following the "accident"or "loss"to the covered "auto." b.Rental Reimbursement requires the rental of a comparable or lessor vehicle,which in many cases may be substantially less than $75 per day,and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality,up to a maximum of 30 days. c.We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto".This limit is excess over any other collectible insurance. d.This coverage does not apply unless you have a business necessity that other "autos"available for your use and operation cannot fill. e.If "loss"results from the total theft of a covered "auto"of the private passenger type,we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4.Coverage Extension. f.No deductible applies to this coverage. g.The insurance provided under this extension is excess over any other collectible insurance. If this policy also provides Rental Reimbursement Coverage you purchased,the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision,materials and equipment do not include "personal effects"as defined in provision 12.B. 11.EXTRA EXPENSE -BROADENED COVERAGE Under SECTION III -PHYSICAL DAMAGE COVERAGE,A.Coverage,we will pay for the expense of returning a stolen covered "auto"to you.The maximum amount we will pay is $1,000. 12.PERSONAL EFFECTSCOVERAGE A.SECTION III -PHYSICAL DAMAGE COVERAGE,A.Coverage,is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto"you own and that "auto"is stolen,we will pay,without application of a deductible,up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B.SECTION V -DEFINITIONS is amended by adding the following: For the purposes of this provision,"personal effects"mean tangible property that is worn or carried by an "insured.""Personal effects"does not include tools,equipment,jewelry,money or securi- ties. 13.ACCIDENTAL AIRBAG DEPLOYMENT SECTION III -PHYSICAL DAMAGE COVERAGE,B.Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy,the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer’s warranty.However,we agree to pay any deductible applicable to the other coverage or warranty. 2017Liberty Mutual Insurance AC 85 01 06 18 Page 5 of 7IncludescopyrightedmaterialofInsuranceServicesOfficeInc.,with its Permission. 14.PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM SECTION III -PHYSICAL DAMAGE COVERAGE,D.Deductible,is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50%for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 15.AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III -PHYSICAL DAMAGE COVERAGE,B.Exclusions,Paragraph a.of the exception to exclu- sions 4.c.and 4.d.is deleted and replaced with the following: Exclusions 4.c.and 4.d.do not apply to: a.Electronic equipment that receives or transmits audio,visual or data signals,whether or not de- signed solely for the reproduction of sound,if the equipment is: (1)Permanently installed in the covered "auto"at the time of the "loss"or removable from a housing unit that is permanently installed in the covered "auto";and (2)Designed to be solely operated by use from the power from the "auto’s"electrical system;and (3)Physical damage coverages are provided for the covered "auto". If the "loss"occurs solely to audio,visual or data electronic equipment or accessories used with this equipment,then our obligation to pay for,repair,return or replace damaged or stolen property will be reduced by a $100 deductible. 16.LOAN /LEASE GAP COVERAGE (Not Applicable In New York) A.Paragraph C.Limit Of Insurance of SECTION III -PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss"to a covered "auto"owned by or leased to you in any one "accident"is the greater of the: 1.Balance due under the terms of the loan or lease to which the damaged covered "auto"is subject at the time of the "loss"less the amount of: a.Overdue payments and financial penalties associated with those payments as of the date of the "loss"; b.Financial penalties imposed under a lease due to high mileage,excessive use or abnormal wear and tear; c.Costs for extended warranties,Credit Life Insurance,Health,Accident or Disability Insur- ance purchased with the loan or lease; d.Transfer or rollover balances from previous loans or leases; e.Final payment due under a "Balloon Loan"; f.The dollar amount of any unrepaired damage which occurred prior to the "total loss"of a covered "auto"; g.Security deposits not refunded by a lessor; h.All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; i.Any amount representing taxes; j.Loan or lease termination fees;or 2.The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss".This adjustment is not applicable in Texas. B.Additional Conditions This coverage applies only to the original loan for which the covered "auto"that incurred the "loss"serves as collateral,or lease written on the covered "auto"that incurred the "loss". 2017Liberty Mutual Insurance AC 85 01 06 18 Page 6 of 7IncludescopyrightedmaterialofInsuranceServicesOfficeInc.,with its Permission. C.SECTION V -DEFINITIONS is changed by adding the following: As used in this endorsement provision,the following definitions apply: "Total loss"means a "loss"in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan"is one with periodic payments that are insufficient to repay the balance over the term of the loan,thereby requiring a large final payment. GLASS REPAIR -WAIVER OF DEDUCTIBLE Paragraph D.Deductible of SECTION III -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 18.PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D.Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss"caused by collision to such covered "auto"of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs.or less as defined by the manufacturer as maximum loaded weight the "auto"is designed to carry while it is: a.In the charge of an "insured"; b.Legally parked;and c.Unoccupied. The "loss"must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto"must exceed the deductible shown in the Declarations. This provision does not apply to any "loss"if the covered "auto"is in the charge of any person or organization engaged in the automobile business. 19.TWO OR MORE DEDUCTIBLES Under SECTION III -PHYSICAL DAMAGE COVERAGE,if two or more company policies or coverage forms apply to the same "accident",the following applies to Paragraph D.Deductible: a.If the applicable Business Auto deductible is the smaller (or smallest)deductible,it will be waived; or b.If the applicable Business Auto deductible is not the smaller (or smallest)deductible ,it will be reduced by the amount of the smaller (or smallest)deductible;or c.If the "loss"involves two or more Business Auto coverage forms or policies,the smaller (or smallest)deductible will be waived. For the purpose of this endorsement,company means any company that is part of the Liberty Mutual Group. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 20.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS,Paragraph B.2.is amended by adding the following: If you unintentionally fail to disclose any hazards,exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form,the coverage afforded by this policy will not be prejudiced. However,you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 17. 2017Liberty Mutual Insurance AC 85 01 06 18 Page 7 of 7IncludescopyrightedmaterialofInsuranceServicesOfficeInc.,with its Permission. 21.AMENDED DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT,OR LOSS SECTION IV -BUSINESS AUTO CONDITIONS,Paragraph A.2.a.is replaced in its entirety by the follow- ing: a.In the event of "accident",claim,"suit"or "loss",you must promptly notify us when it is known to: (1)You,if you are an individual; (2)A partner,if you are a partnership; (3)Member,if you are a limited liability company; (4)An executive officer or the "employee"designated by the Named Insured to give such notice,if you are a corporation. To the extent possible,notice to us should include: (a)How,when and where the "accident"or "loss"took place; (b)The "insureds"name and address;and (c)The names and addresses of any injured persons and witnesses. 22.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV -BUSINESS AUTO CONDITIONS,Paragraph A.5.Transfer Of Rights Of Recovery Against Others To Us,is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident"or "loss",our rights are waived also. 23.HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS,Paragraph B.7.Policy Period,Coverage Territory,is amended by the addition of the following: f.For "autos"hired 30 days or less,the coverage territory is anywhere in the world,provided that the "insured’s"responsibility to pay for damages is determined in a "suit",on the merits,in the United States,the territories and possessions of the United States of America,Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto"hired,leased,rented or borrowed with a driver. 24.PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT The following is added to SECTION IV -BUSINESS AUTO CONDITIONS,General Conditions,B.5.Other Insurance and supersedes any provision to the contrary: This Coverage Form’s Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured"under your policy provided that: 1.Such "insured"is a Named Insured under such other insurance;and 2.You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V -DEFINITIONS is amended as follows: 25.BODILY INJURY REDEFINED Under SECTION V -DEFINITIONS,Definition C.is replaced by the following: "Bodily injury"means physical injury,sickness or disease sustained by a person,including mental anguish,mental injury,shock,fright or death resulting from any of these at any time. COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGEPART 2013Liberty Mutual Insurance CG 88 10 04 13 Page 1 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU 2013Liberty Mutual Insurance CG 88 10 04 13 Page 2 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1.It is not owned by any insured; 2.It is hired, chartered or loaned with a trained paid crew; 3.The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4.It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2)of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2)A watercraft you do not own that is: (a)Less than 52 feet long; and (b)Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1.Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity,Subparagraphs (3), (4)and (6)of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2.The following is added to Section IV - Commercial General Liability Conditions,Condition 4. Other Insurance,Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1.Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a.The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3)and (4)of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i)Premises rented to you for a period of 7 or fewer consecutive days; or (ii)Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3)and (4)of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. 2013Liberty Mutual Insurance CG 88 10 04 13 Page 3 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. b.The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c.through n.do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2.Paragraph 6.under Section III - Limits Of Insurance is replaced by the following: 6.Subject to Paragraph 5.above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a.Any one premise: (1)While rented to you; or (2)While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b.Contents that you rent or lease as part of a premises rental or lease agreement. 3.As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) -Paragraph 9.a.of Definitions is replaced with the following: 9.a.A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments,Subparagraph (b)of Paragraph a.is replaced by the following: (b)The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1.Under Supplementary Payments - Coverages A and B, Paragraph 1.b.is replaced by the following: b.Up to $3,000 for 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. 2.Paragraph 1.d.is replaced by the following: 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. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1.Paragraph 2.under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a.Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or 2013Liberty Mutual Insurance CG 88 10 04 13 Page 4 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. b.Premises or facilities rented by you or used by you; or c.The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d.Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1)This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2)This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3)Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a)The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b)The construction, erection, or removal of elevators; or (c)The ownership, maintenance, or use of any elevators covered by this insurance. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a.above, a person’s or organization’s status as an additional insured under this endorsement ends when: (1)All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2)That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b.above, a person’s or organization’s status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c.above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b.of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. 2013Liberty Mutual Insurance CG 88 10 04 13 Page 5 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 2.With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a."Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b."Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c."Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1)The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2)Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d."Bodily injury" or "property damage" occurring after: (1)All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2)That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e.Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a.Required by the contract or agreement; or b.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a.The following is added to Paragraph a. Primary Insurance: If an additional insured’s policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured’s policy for damages we cover. 2013Liberty Mutual Insurance CG 88 10 04 13 Page 6 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. b.The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1.The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a.Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b.Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c.Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d.We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2.The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1)of Section II - Who Is An Insured is replaced with the following: (1)"Bodily injury" or "personal and advertising injury": (a)To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b)To the spouse, child, parent, brother or sister of that co-"employee" or "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 Paragraphs (1) (a)or (b)above; or (d)Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a)and (b)above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee’s" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and 2013Liberty Mutual Insurance CG 88 10 04 13 Page 7 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J.is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3.of Section II - Who Is An Insured is replaced by the following: 3.Any organization you newly acquire or form and over which you maintain ownership or majority interest, 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 expiration of the policy period in which the entity was acquired or formed by you; 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. d.Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions,the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions,the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1.of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions,Definition 3.is replaced by the following: 3."Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. 2013Liberty Mutual Insurance CG 88 10 04 13 Page 8 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P. EXTENDED PROPERTY DAMAGE Exclusion a.of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or 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. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions,the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1.You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2.The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. COMMERCIAL GENERAL LIABILITY CG 88 70 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. CONSTRUCTION PROJECT(S) - GENERAL AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Includes copyrighted material of ISOProperties, Inc.,with its permission.CG 88 70 12 08 Page 1 of 1 A.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability,and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments,which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1.A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations . 2.The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A,except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Cov- erage C regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 3.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4.The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability,and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments,which cannot be attrib- uted only to ongoing operations at a single construction project away from premises owned by or rented to you: 1.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Construction Project General Aggregate Limit. C.When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D.If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E.The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply. IL 01 46 08 10 WASHINGTON COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. IL 01 46 08 10 Insurance Services Office, Inc., 2010 Page 1 of 4 The conditions in this endorsement replace any similar conditions in the policy that are less favor- able to the insured. A. Cancellation 1.The first Named Insured shown in the Declarations may cancel this policy by notifying us or the insurance producer in one of the following ways: a.Written notice by mail, fax or e-mail; b.Surrender of the policy or binder; or c.Verbal notice. Upon receipt of such notice, we will can- cel this policy or any binder issued as evi- dence of coverage, effective on the later of the following: a.The date on which notice is received or the policy or binder is surren- dered; or b.The date of cancellation requested by the first Named Insured. 2.We may cancel this policy by mailing or delivering to the first Named Insured and the first Named Insured’s agent or broker written notice of cancellation, including the actual reason for the cancellation, to the last mailing address known to us, at least: a.10 days before the effective date of cancellation if we cancel for nonpay- ment of premium; or b.45 days before the effective date of cancellation if we cancel for any oth- er reason; except as provided in Paragraphs 3.and 4.below. 3.We may cancel the Commercial Property Coverage Part and the Capital Assets Pro- gram (Output Policy) Coverage Part, if made a part of this policy, by mailing or delivering to the first Named Insured and the first Named Insured’s agent or broker written notice of cancellation at least five days before the effective date of cancella- tion for any structure where two or more of the following conditions exist: a.Without reasonable explanation, the structure is unoccupied for more than 60 consecutive days, or at least 65% of the rental units are unoccu- pied for more than 120 consecutive days, unless the structure is main- tained for seasonal occupancy or is under construction or repair; b.Without reasonable explanation, progress toward completion of per- manent repairs to the structure has not occurred within 60 days after re- ceipt of funds following satisfactory adjustment or adjudication of loss re- sulting from a fire; c.Because of its physical condition, the structure is in danger of collapse; d.Because of its physical condition, a vacation or demolition order has been issued for the structure, or it has been declared unsafe in accor- dance with applicable law; e.Fixed and salvageable items have been removed from the structure, in- dicating an intent to vacate the struc- ture; f.Without reasonable explanation, heat, water, sewer and electricity are not furnished for the structure for 60 consecutive days; or g.The structure is not maintained in substantial compliance with fire, safety and building codes. 2174of61040878001274230COMMERCIAL UMBRELLA CU 60 02 04 21 COMMERCIAL UMBRELLA COVERAGE FORM 2020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 1 of 21 Various provisions in this policy restrict coverage.Please read the entire policy carefully to determine your rights,duties and what is and is not covered. Throughout this policy,the words "you"and "your"refer to the "named insured"as shown in the Commer- cial Umbrella Policy 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 as identified in the Declarations. The word "insured"means any person or organization qualifying as such under Section II -Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning.Refer to Section VII - Definitions. We,the company named in the Declarations,relying upon the statements made and information furnished to us and in return for the payment of premium and subject to the terms,conditions and limits of insurance of this policy,agree with you to provide coverage as follows: INSURING AGREEMENTS SECTION I -COVERAGES 1.We will pay on behalf of an insured those sums in excess of the "retained limit"that an insured becomes legally obligated to pay by reason of liability imposed by law or assumed by an insured under an "insured contract"as damages because of "bodily injury","property damage",or "personal and advertising injury"to which this insurance applies. The amount we will pay for damages is limited as described below in Section III -Limits Of Insurance. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section IV -Defense. 2.The insurance applies to: a."Bodily injury"or "property damage"only if: (1)The "bodily injury"or "property damage"occurs during the "policy period"; (2)The "bodily injury"or "property damage"is caused by an "occurrence"that takes place in the "coverage territory";and (3)Prior to the "policy period",no insured listed under Paragraph 2.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 insured listed or authorized "employee"knew,prior to the "policy period",that the "bodily injury"or "property damage"occurred,then the continuation,change or resumption of that "bodily injury"or "property damage"during or after the "policy period"will also be deemed to have been known prior to the "policy period". b."Personal and advertising injury"only if: (1)The "personal and advertising injury"is caused by an "offense"arising out of your business; (2)The "offense"causing the "personal and advertising injury"was committed during the "policy period";and (3)The "offense"takes place in the "coverage territory". 3."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 2.of Section II -Who Is An Insured or any "employee"authorized by you to give or receive notice of an "occurrence"or claim: a.Reports all,or any part,of the "bodily injury"or "property damage"to us or any other insurer; 2274of2020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 2 of 21 b.Receives a written or verbal demand or claim for damages because of "bodily injury"or "property damage";or c.Becomes aware by any other means that "bodily injury"or "property damage"has occurred or has begun to occur. If such 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". 4."Bodily injury"or "property damage"which occurs during the "policy period"and which was not,prior to the "policy period",known to have occurred or to have begun to occur by any insured listed under Paragraph 2.of Section II -Who Is An Insured or any "employee"authorized by you to give or receive notice of an "occurrence"or claim,includes any continuation,change or resumption of that "bodily injury"or "property damage"after the end of the "policy period". 5.Damages because of "bodily injury"include damages claimed by any person or organizati on for care, loss of services or death resulting at any time from "bodily injury". SECTION II -WHO IS AN INSURED 1.The "named insured"is an insured. 2.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 and your "spouse"are insureds.The partners or members 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 stockholders. e.A trust,you are an insured.Your trustees are also insureds,but only with respect to their duties as trustees. 3.Each of the following is also an insured: a.Your "volunteer workers"but only while performing duties related to the conduct of your business, your "employees",other than 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 perform- ing duties related to the conduct of your business.However,none of these "employees"or "volun- teer workers"are insureds for: (1)"Bodily injury"or "personal and advertising injury": (a)To you,to your partners or members (if you are a partnership or joint venture),to your members (if you are a limited liability company),or to a co-"employee"while in the course of his or her employment or performing duties related to the conduct of your business,or to your other "volunteer workers"while performing duties related to the conduct of your business; (b)To the "spouse",child,parent,brother or sister of that co-"employee"or "volunteer work- er"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 to persons described in Paragraph (1)(a)or (1)(b) above;or 2374of610408780012742302020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 3 of 21 (d)Arising out of his or her providing or failing to provide professional health care services. However,Paragraphs (1)(a),(1)(b),and (1)(c)do not apply to the extent "underlying insurance" provides coverage for such person(s).Coverage for such persons under this policy,will be no broader than that provided by "underlying insurance". Coverage provided by this policy for "bodily injury"to a co-"employee"or "volunteer worker" will not apply if the injured co-"employee’s"or "volunteer worker’s"remedy for such injury is provided under a workers’compensation law or any similar law. (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 or organization,other than the "named insured",who qualifies as an additional insured in the "underlying insurance".However,coverage under this policy will be no broader than that provided by "underlying insurance".The insurance afforded to such additional insured only applies to the extent permitted by law and the amount we will pay for damages is limited as described in Section III -Limits Of Insurance. c.Any person,other than your "employee"or "volunteer worker",or organization while acting as your real estate manager. d.Any person or organization having 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. e.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 policy. f.With respect to liability arising out of the maintenance,ownership,or use of an "auto",any person or organization qualifying as an insured in the "underlying insurance"which provides coverage for such "auto",but only to the extent provided in such "underlying insurance". No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture,or limited liability company that is not a "named insured". SECTION III -LIMITS OF INSURANCE 1.The Limits of Insurance shown in (Item 4)of the Declarations and the rules below fix the most we will pay regardless of the number of: a.Insureds; b.Claims made or "suits"brought; c.Persons or organizations making claims or bringing "suits";or d.Coverages provided under this policy. 2.The General Aggregate Limit is the most we will pay for all damages covered under Section I -Cov- erages except: a.Damages included in the "products-completed operations hazard";and b.Damages caused by an "occurrence"and resulting from the ownership,maintenance,or use of a covered "auto". 3.The Products-Completed Operations Aggregate Limit is the most we will pay for all damages included in the "products-completed operations hazard". 2474of2020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 4 of 21 4.Subject to Paragraph 2.or 3.in Section III -Limits Of Insurance,whichever applies,the Each Occurrence Limit is the most we will pay for all damages covered under Section I -Coverages because of one "occurrence"or one "offense". Non-Cumulation of Liability -Same Occurrence -if one "occurrence"causes "bodily injury"and/or "property damage"or one "offense"causes "personal and advertising injury",during the "policy period"and during the "policy period"of one or more prior,and/or future,commercial umbrella or excess liability policy(ies)issued to you by us and any affiliated insurance company,then this policy’s Each Occurrence Limit will be reduced by the amount of each payment made by us and any affiliated insurance company under the other policy(ies)because of such "occurrence"or "offense".This para- graph will not apply to insurance specifically written as excess over this policy. 5.If the applicable Limits of Insurance of "underlying insurance"or of "other insurance"providing cov- erage to the insured are reduced or exhausted by actual payment of damages,we will,subject to the terms and condition of this policy: a.In the event of reduction,pay in excess of the reduced Limits of Insurance of "underlying insur- ance"and any applicable "other insurance";or b.In the event of exhaustion,continue in force as "underlying insurance",but for no broader cov- erage than is available under this policy. The "retained limit"will not be reduced or exhausted by defense costs,loss adjustment expenses, supplementary payments or similar amounts that reduce or exhaust the policy limits of "underlying insurance"or "other insurance". 6.If there is applicable "underlying insurance"with a "policy period"that is non-concurrent with the "policy period"of this policy,the "retained limit"with respect to any coverage provided by this policy excess of such "underlying insurance"will only be reduced or exhausted by payments for: a."Bodily injury"or "property damage"that occurs during the "policy period"of this policy;or b."Personal and advertising injury"for "offenses"that are committed during the "policy period"of this policy. However,if any "underlying insurance"is written on a claims-made basis,the "retained limit"will only be reduced or exhausted by claims for that insurance that are made during the "policy period",or any Extended Reporting Period,applicable to this policy. 7.The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months,starting with the beginning of the "policy period",unless the "policy period"is extended after issuance for an additional period of less than 12 months.In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. 8.We will be liable only for that portion of damages,subject to the Each Occurrence Limit stated in the Declarations,in excess of the "retained limit",and then up to an amount not exceeding the Each Occurrence Limit as stated in the Declarations.Once the Self-Insured Retention has been exhausted by actual payment of claims in full by the insured,the Self-Insured Retention will not be reapplied or again payable by the insured for said "policy period". 9.If coverage provided to an additional insured is required by a contract or agreement,we will pay on behalf of the additional insured the lesser of: a.The amount of insurance required by the contract or agreement less any amounts payable by any "underlying insurance"or otherwise retained;or b.The available applicable Limits of Insurance of this policy. The Limits of Insurance applicable to such additional insureds are included within,and are not in addition to,the Limits of Insurance shown in the Declarations of this policy. 2574of610408780012742302020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 5 of 21 SECTION IV -DEFENSE 1.We will have the right and duty to defend the insured against any claim or "suit"seeking damages covered by the terms and conditions of this policy,by counsel of our choice,when: a.The applicable limits of the "underlying insurance"and "other insurance"providing coverage to the insured have been exhausted by actual payment of damages to which this policy applies;or b.Damages are sought for any "occurrence"or "offense"which is covered by this policy but not covered by the "underlying insurance"or "other insurance"providing coverage to the insured. 2.When we assume the defense of any claim or "suit": a.We have the right to investigate,defend,and settle the claim or "suit"as we deem appropriate. b.We will pay the following as expenses,to the extent that they are not included in the "underlying insurance"or any applicable "other insurance": (1)All expenses we incur. (2)Premiums on bonds to release attachments,which bond amounts will not exceed our ap- plicable Limits of Insurance,but we are not obligated to apply for or furnish any such bond. (3)Premiums on appeal bonds,which bond amounts will not exceed our applicable Limits of Insurance,required by law to appeal any claim or "suit"we defend,but we are not obligated to apply for or furnish any such bond. (4)All costs taxed against the insured in any claim or "suit"we defend.However,these payments do not include attorneys’fees or attorneys’expenses taxed against the insured. (5)Pre-judgment interest awarded against the insured on that part of the judgment we pay that is within our applicable Limits of Insurance.However,if we make an offer to pay the applicable Limits of Insurance,we will not pay any pre-judgment interest based on the period of time that accrues after the offer. (6)All interest that accrues after entry of judgment and before we have paid,offered to pay or deposited in court the part of the judgment that is within our applicable Limit of Insurance. (7)The insured’s actual and reasonable expenses incurred at our request including actual loss of earnings up to $500 a day because of time off from work. These expenses are payable in addition to our Limits of Insurance. 3.Our duty to defend any claim or "suit"or pay any expenses as outlined in Paragraph 2.b.above,will end when our applicable Limits of Insurance have been exhausted by payment of judgments or settle- ments. 4.Except as provided in Paragraph 1.in Section IV -Defense,we will not be obligated to participate or assume charge of the settlement or defense of any claim or "suit"against the insured.We will,how- ever,have the right and will be given the opportunity to participate in the settlement,defense and trial of any claim or "suit"which,in our opinion,may create liability on our part under the terms of this policy.If we exercise such right,we will do so at our own expense. 5.If we have a duty to defend but are prevented by law or statute from performing that duty,you agree to take up such defense and investigation.We will reimburse you for our share of the reasonable costs incurred for such investigation or defense. SECTION V -EXCLUSIONS This insurance does not apply to: 1.Aircraft Any liability arising out of the ownership,maintenance,use or entrustment to others of any aircraft,if such aircraft is owned or operated by or rented or loaned to any insured.Use includes operation and "loading or unloading".This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hiring,employment,training or monitoring of others by that insured.However,this exclusion does not apply to the extent "underlying insurance"provides such coverage.Coverage under this policy will be no broader than that provided by "underlying insurance". 2674of2020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 6 of 21 2.Asbestos Any liability,loss,cost or expense arising or allegedly arising out of or related in any way,either directly or indirectly,to: a.Asbestos,asbestos products,asbestos-containing materials or products,asbestos fibers or asbes- tos dust,including,but not limited to,manufacture,mining,use,sale,installation,removal,or distribution activities; b.Exposure to,testing for,monitoring of,cleaning up,removing,containing or treating of asbestos, asbestos products,asbestos-containing materials or products,asbestos fibers or asbestos dust, regardless if such testing monitoring,cleaning containing or treating is requested,ordered or mandated by any regulatory or governmental entity;or c.Any obligation to investigate,settle or defend,or indemnify any person against any claim or "suit" arising out of,or related in any way,either directly or indirectly,to asbestos,asbestos products, asbestos-containing materials or products,asbestos fibers or asbestos dust,regardless if such claim or "suit"is brought by or on behalf of any regulatory or governmental entity. 3.Auto Coverages a.Any loss,cost or expense payable under first-party "auto"physical damage,"auto"no-fault law, uninsured motorist or underinsured motorist law,"auto"medical payments coverage,personal injury protection or under any similar law,regulation or ordinance. b.Any liability arising out of the ownership,maintenance,use or entrustment to others of any "auto". Use includes operation and "loading or unloading".This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hiring,employment , training or monitoring of others by that insured. However,this exclusion does not apply to the extent "underlying insurance"provides such cov- erage.Coverage under this policy will be no broader than that provided by "underlying insurance". 4.Contractual Liability Any liability assumed by any insured under any contract or agreement. This exclusion does not apply: a.To liability that the insured would have in the absence of the contract or agreement; b.To "bodily injury"or "property damage"assumed in an "insured contract",provided that the "bodily injury"or "property damage"occurs subsequent to the execution of the "insured con- tract";or c.To the extent that coverage is provided by "underlying insurance".Coverage under this policy will be no broader than that provided by "underlying insurance". Solely for purposes of liability assumed in an "insured contract",reasonable attorneys’fees and neces- sary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of liability,provided: (1)Liability to such party for,or for the cost of,that party’s defense has also been assumed in the same "insurance contract";and (2)Such attorney 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; 5.Damage To Impaired Property Or Property Not Physically Injured "Property damage"to "impaired property"or property that has not been physically injured,arising out of: a.A defect,deficiency,inadequacy or dangerous condition in "your product"or "your work";or b.A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. 2774of610408780012742302020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 7 of 21 This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product"or "your work"after it has been put to its intended use. 6.Damage To Property "Property damage"to: a.Property you own,rent or occupy including any costs or expenses incurred by you,or any other person,organization or entity for repair,replacement,enhancement,restoration or maintenance of such property for any reason,including prevention of injury to a person or damage to another’s property; b.Premises you sell,give away,or abandon,if the "property damage"arises out of any part of those premises; c.Property loaned to you; d.Personal property in the care,custody or control of an insured; e.That particular part of real property on which you or any contractors or subcontract ors working directly or indirectly on your behalf are performing operation,if the "property damage"arises out of those operations;or f.That particular part of any property that must be restored,repaired or replaced because "your work"was incorrectly performed on it. Paragraph 6.b.of this exclusion does not apply if the premises are "your work"and were never oc- cupied,rented,or held for rental by you. Paragraphs 6.c.,6.d.,6.e.and 6.f.of this exclusion do not apply to liability assumed under a railroad sidetrack agreement. Paragraphs 6.c.and 6.d.of this exclusion do not apply to liability assumed under a written Trailer Interchange Agreement. Paragraph 6.f.of this exclusion does not apply to "property damage"included in the "products-com- pleted operations hazard". 7.Damage To Your Product "Property damage"to "your product"arising out of it or any part of it. 8.Damage To Your Work "Property damage"to "your work"arising out of it or any part of it and included in the "products- completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. 9.Employer’s Liability "Bodily injury"to: a.An "employee"of any insured arising out of and in the course of: (1)Employment by the insured;or (2)Performing duties related to the conduct of any insured’s business;or b.The "spouse",child,parent,brother or sister of that "employee"as a consequence of Paragraph 9.a.above. This exclusion applies: a.Whether any insured may be liable as an employer or in any other capacity;and b.To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2874of2020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 8 of 21 However,this exclusion does not apply to the extent "underlying insurance"provides such coverage. Coverage under this policy will be no broader than that provided by "underlying insurance". 10.Employment-related Practices Any liability arising or allegedly arising out of any: a.Refusal to employ or promote a person; b.Termination of a person’s employment; c.Employment-related practices,policies,acts or omissions,including,but not limited to,coercion, demotion,evaluation,reassignment,discipline,defamation,harassment,humiliation,discrimina- tion or malicious prosecution directed at a person,or any other employment-related practices, policies,acts or omissions;or d.Consequential liability,damage,loss,cost or expense as a result of Paragraphs 10.a.,10.b.,and 10.c.,above. This exclusion applies: a.Whether the injury-causing event described in Paragraphs 10.a.,10.b.,10.c.,and 10.d.,occurs before employment,during employment or after employment of that person; b.Whether an insured may be liable as an employer or in any other capacity;and c.To any obligation to share damages with or to repay someone else who must pay damages be- cause of the injury. 11.ERISA Any obligation of an insured under the Employee Retirement Income Security Act of 1974 or any amendments to that act,or under any similar law,regulation or ordinance. 12.Expected Or Intended Injury "Bodily injury"or "property damage"expected or intended from the standpoint of the insured.How- ever,this exclusion does not apply to "bodily injury"resulting from the use of reasonable force to protect persons or property. 13.Fungi Or Bacteria a.Any liability which would not have occurred,in whole or in part,but for the actual,alleged or threatened inhalation of,ingestion of,contact with,exposure to,existence of,or presence of,any "fungi"or bacteria on or within a building or structure,including its contents,regardless of wheth- er any other cause,event,material or product contributed concurrently or in any sequence to such injury or damage. b.Any loss,cost or expenses arising out of the abating,testing for,monitoring,cleaning up,remov- ing,containing,treating,detoxifying,neutralizing,remediating or disposing of,or in any way responding to,or assessing the effects of,"fungi"or bacteria,by any insured or by any other person or entity. This exclusion does not apply to any "fungi"or bacteria that are,are on,or are contained in,a good or product intended for bodily consumption. 14.Liquor Liability "Bodily injury"or "property damage"for which any insured may be held liable by reason of: a.Causing or contributing to the intoxication of any person; b.The furnishing of alcoholic beverages to a person under the legal drinking age or under the influ- ence of alcohol;or c.Any statute,ordinance or regulation relating to the sale,gift,distribution or use of alcoholic bev- erages. 2974of610408780012742302020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 9 of 21 This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hiring,employment,training or monitoring of others by that insured or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the "occurrence"which caused the "bodily injury"or "property damage",involved that which is de- scribed in Paragraph 14.a.,14.b.or 14.c.above. This exclusion applies only if you are in the business of manufacturing,distributing,selling,serving or furnishing alcoholic beverages.We will follow "underlying insurance"with respect to whether or not 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 considered the business of selling,serving or furnishing alcoholic beverages. However,this exclusion does not apply to the extent "underlying insurance"provides such coverage. Coverage under this policy will be no broader than that provided by "underlying insurance". 15.Mobile Equipment Any liability for or arising out of the ownership,maintenance,use or entrustment to others of any "mobile equipment".Use includes operation and "loading or unloading".This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hiring,em- ployment,training or monitoring of others by that insured. However,this exclusion does not apply to the extent "underlying insurance"provides such coverage. Coverage under this policy will be no broader than that provided by "underlying insurance". 16.Nuclear Material,Hazard Or Incident a.Any liability,injury or damage: (1)With respect to which any insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association,Mutual Atomic Energy Liability Underwriters,Nuclear Insurance Association of Canada or any of their successors,or would be an insured under any such policy but for its termination upon exhaustion of its Limits of Insurance;or (2)Resulting from the "hazardous properties"of "nuclear material"and with respect to which (a) a person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954,or any law amendatory thereof,or (b)any insured is,or had this policy not been issued would be,entitled to indemnity from the United States of America,or any agency thereof,under any agreement entered into by the United States of America,or any agency thereof,with any person or organization. b.Any liability,injury or damage resulting from the "hazardous properties"of "nuclear material",if: (1)The "nuclear material"(a)is at any "nuclear facility"owned by,or operated by or on behalf of, any insured or (b)has been discharged or dispersed therefrom; (2)The "nuclear material"is contained in "spent fuel"or "nuclear waste"at any time possessed, handled,used,processed,stored,transported or disposed of by or on behalf of any insured;or (3)The injury or damage arises out of the furnishing by any insured of services,materials,parts or equipment in connection with the planning,construction,maintenance,operation or use of any "nuclear facility",but if such facility is located within the United States of America,its territor- ies or possessions or Canada,this Paragraph b.(3)applies only to "property damage"to such "nuclear facility"and any property therein. As used in this exclusion,injury or damage includes all forms of radioactive contamination of property. 17.Personal And Advertising Injury "Personal and advertising injury": a.Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury"; b.Arising out of oral or written publication,in any manner,of material,if done by or at the direction of the insured with knowledge of its falsity; 3074of2020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 10 of 21 c.Arising out of oral or written publication,in any manner,of material whose first publication took place before the beginning of the "policy period"; d.Arising out of a criminal act committed by or at the direction of the insured; e.For which the insured has assumed liability in a contract or agreement.This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agree- ment; f.Arising out of a breach of contract,except an implied contract to use another’s advertising idea in your "advertisement"; g.Arising out of the failure of goods,products,or services to conform with any statement of quality or performance made in your "advertisement"; h.Arising out of the wrong description of the price of goods,products,or services stated in your "advertisement"; i.Arising out of the infringement of copyright,patent,trademark,trade secret,or other intellectual property rights.Under this exclusion,such other intellectual property rights do not include the use of another’s advertising idea in your "advertisement". However,this exclusion does not apply to infringement,in your "advertisement",copyright,trade dress,or slogan; j.Committed by an insured whose business is: (1)Advertising,broadcasting,publishing,or telecasting; (2)Designing or determining content of websites for others;or (3)An Internet search,access,content,or service provider. However,this exclusion does not apply to Paragraphs 23.a.,23.b.,or 23.c.of the definition of "personal and advertising injury"under Section VII -Definitions. For the purposes of this exclusion,the placing of frames,borders or links,or advertising,for you or others anywhere on the Internet,is not by itself,considered the business of advertising,broadcast- ing,publishing,or telecasting; k.Arising out of an electronic chatroom or bulletin board the insured hosts,owns,or over which the insured exercises control;or l.Arising out of the unauthorized use of another’s name or product in your e-mail address,domain name or metatag,or any other similar tactics to mislead another’s potential customers. 18.Pollution Any liability arising out of or in any way related to: a.The actual,alleged or threatened presence,discharge,dispersal,seepage,migration,release,or escape of "pollutants",anywhere at any time,however caused. b.Any loss,cost,or expense arising out of any: (1)Request,demand,order,or statutory or regulatory requirement that any insured or others test for,monitor,clean-up,remove,contain,treat,detoxify,neutralize or in any way respond to or assess the effects of "pollutants";or (2)Claim or "suit"by or on behalf of a governmental authority for damages because of testing for, monitoring,cleaning up,removing,containing,treating,detoxifying or neutralizing,or in any way assessing the effects of "pollutants". This exclusion will also apply regardless of whether such discharge,dispersal,seepage,migration, release,or escape of such "pollutant"is covered by "underlying insurance". 3174of610408780012742302020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 11 of 21 19.Recall Of Products,Work Or Impaired Property Damages claimed for any loss,cost or expense incurred by you or others for the loss of use,with- drawal,recall,inspection,repair,replacement,adjustment,removal or disposal of: a."Your product"; b."Your work";or c."Impaired property"; if such product,work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect,deficiency,inadequacy or dangerous condition in it. 20.Recording And Distribution Of Material Or Information In Violation Of Law Any liability arising directly or indirectly out of any action or omission that violates or is alleged to violate: a.The Telephone Consumer Protection Act (TCPA),including any amendment of or addition to such law; b.The CAN-SPAM Act of 2003,including any amendment of or addition to such law; c.The Fair Credit Reporting Act (FCRA),and any amendment of or addition to such law,including the Fair and Accurate Credit Transaction Act (FACTA);or d.Any federal,state or local statute,ordinance or regulation,other than TCPA,CAN-SPAM Act of 2003,or FCRA and their amendments and additions,that addresses,prohibits,or limits the printing, dissemination,disposal,collecting,recording,sending,transmitting,communicating,or distribu- tion of material or information. 21.War Any liability,however caused,arising,directly or indirectly,out of: a.War,including undeclared or civil war; b.Warlike action by a military force,including action in hindering or defending against an actual or expected attack,by any government,sovereign or other authority using military personnel or other agents;or c.Insurrection,rebellion,revolution usurped power,or action taken by governmental authority in hindering or defending against any of these. 22.Watercraft Any liability arising out of the ownership,maintenance,use,or entrustment to others of any watercraft owned,operated by or rented or loaned to any insured.Use includes operation and "loading or unloading".This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hiring,employment,training or monitoring of others by that insured. However,this exclusion does not apply to the extent "underlying insurance"provides such coverage. Coverage under this policy will be no broader than that provided by "underlying insurance". 23.Workers’Compensation And Similar Laws Any obligation of an insured under a Workers Compensation,Unemployment Compensation or Disabil- ity Benefits Law,or under any similar law,regulation or ordinance. SECTION VI -CONDITIONS 1.Appeals If the insured or "underlying insurers"do not appeal a judgment in excess of the "retained limit",we have the right to make such an appeal.If we elect to appeal,we will be liable for all court costs, expenses incurred and interest incidental to the appeal,in addition to the Limits of Insurance of this policy.However,our liability on such an award or judgment will not exceed our Limits of Insurance as stated in (Item 4)of the Declarations. 3274of2020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 12 of 21 2.Audit We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three years after the expiration or termination of this policy. 3.Bankruptcy Or Insolvency The bankruptcy,insolvency or inability to pay of any insured or the bankruptcy,insolvency or inability to pay of any of the "underlying insurers"will not relieve us from the payment of any claim or "suit" covered by this policy.Under no circumstances will such bankruptcy,insolvency or inability to pay require us to drop down and replace the "retained limit"or assume any obligation with the "retained limit".This insurance will apply as if the "underlying insurance"were in full effect. 4.Cancellation a.You may cancel this policy.You must mail or deliver advance written notice to us stating when the cancellation is to take effect. b.We may cancel this policy.If we cancel because of nonpayment of premium,we must mail or deliver to you not less than 10 days advance written notice stating when the cancellation is to take effect.If we cancel for any other reason,we must mail or deliver to you not less than 30 days advance written notice stating when the cancellation is to take effect.Mailing that notice to you at your mailing address shown in (Item 1)of the Declarations will be sufficient to prove notice. c.The "policy period"will end on the day and hour stated in the cancellation notice. d.If we cancel,final premium will be calculated pro rata based on the time this policy was in force. Final premium will not be less than the Minimum Premium as shown in (Item 3)of the Declarations. e.If you cancel,final premium will be more than pro rata;it will be based on the time this policy was in force and increased by our short rate cancellation table and procedure.Final premium will not be less than the Minimum Premium as shown in (Item 3)of the Declarations. f.Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund due you.Our check or our representative’s check,mailed or delivered,will be sufficient tender of any refund due you. g.The first "named insured"designated in (Item 1)of the Declarations will act on behalf of all other insureds with respect to the giving and receiving of notice of cancellation and the receipt of any refund that may become payable under this policy. h.Any of these provisions that conflict with a law that controls the cancellation of the insurance in this policy is changed by this statement to comply with the law. i.If notice is mailed,proof of mailing will be sufficient proof of notice under this section. 5.Changes This policy may only be changed by a written endorsement issued by us. 6.Concealment,Misrepresentation Or Fraud We may void this policy or deny a claim at any time if,before or after a loss,you: a.Concealed or misrepresented any material fact or circumstance; b.Made incorrect statements or representations to us with regard to any material fact or circum- stance;or c.Engaged in fraudulent conduct; at the time of application or any time during the "policy period". 3374of610408780012742302020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 13 of 21 7.Duties In The Event Of An Occurrence,Offense,Claim Or Suit a.You must see to it that we are notified as soon as practicable of an "occurrence "or "offense"which may result in a claim or "suit"under this policy.To the extent possible,notice will include: (1)How,when and where the "occurrence"or "offense"took place; (2)The names and addresses of any injured person and witnesses;and (3)The nature and location of any injury or damage arising out of the "occurrence"or "offense". b.If a claim or "suit"against any insured is reasonably likely to involve this policy you must notify us in writing as soon as practicable. c.You and any other involved insured must: (1)Immediately send us copies of any demands,notices,summonses or legal papers received in connection with the claim or "suit"; (2)Authorize us to obtain records and other information; (3)Cooperate with us in the investigation,settlement or defense of the claim or "suit";and (4)Assist us,upon our request,in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d.The insureds will not,except at their own cost,voluntarily make a payment,assume any obligation, or incur any expense,other than for first aid,without our consent. 8.Economic Or Trade Sanctions If coverage for a claim or "suit"under this policy would violate any United States of America economic or trade sanctions,including but not limited to,sanctions administered and enforced by the United States Treasury Department’s Office of Foreign Assets Control ("OFAC"),then coverage for that claim or "suit"will be null and void. 9.Inspection We have the right,but are not obligated,to inspect the premises and operations of any insured at any time.You acknowledge that our inspections are not safety inspections.They relate only to the insurabil- ity of the premises and operations of any insured and the premiums to be charged.We may give you reports on the conditions we find.We may also recommend changes.While they may help reduce losses,we do not undertake to perform the duty of any person or organization to provide for the health or safety of any "employees",invitees or the public.We do not warrant that the premises or operations of any insured are safe or healthful or that they comply with laws,regulations,codes or standards. This condition applies not only to us,but also to any rating,advisory,rate service or similar organiza- tion,which makes insurance inspections,surveys,reports or recommendations for us. 10.Legal Actions Against Us There will be no right of action against us under this insurance unless: a.You have complied with all the terms of this policy;and b.The amount you owe has been determined by settlement with our consent or by actual trial and final judgment. This insurance does not give anyone the right to join us as a party or otherwise bring us into a "suit" asking for damages from an insured. We will not be liable for damages that are not payable under the terms of this policy or are in excess of the applicable limit of insurance provided by this policy. 11.Maintenance Of Underlying Insurance During the "policy period",you agree: a.To keep all "underlying insurance"in full force and effect; 3474of2020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 14 of 21 b.That any renewals or replacements of any "underlying insurance"will not be more restrictive in coverage; c.That the total applicable limits of all "underlying insurance"will not decrease except for any reduction or exhaustion of aggregate limits by payment of judgments or settlements to which this policy applies;and d.That the terms,definitions,conditions,exclusions and endorsements of all "underlying insurance" will not change during the "policy period"such as to increase the coverage afforded under this policy. If you fail to comply with these requirements,we will only be liable to the same extent that we would have been had you fully complied with these requirements. 12.Other Insurance If "other insurance"applies to a loss that is also covered by this policy,this policy will apply excess, and in no event as contributing insurance with respect to the "other insurance".Nothing herein shall be construed to make this policy subject to the terms,conditions and limitations of such "other insurance". However,this provision will not apply if the "other insurance"is specifically written to be excess of this policy. 13.Premium The first "named insured"designated in (Item 1)of the Declarations will be responsible for payment of all premiums when due. The premium for this policy will be computed on the basis set forth in (Item 3)of the Declarations.At the beginning of the "policy period",you must pay us the Advance Premium shown in (Item 3)of the Declarations.When this policy expires or if it is canceled,we will compute the earned premium for the time this policy was in force.If this policy is subject to audit adjustment,the actual exposure basis will be used to compute the earned premium.If the earned premium is greater than the Advance Premium, you will promptly pay us the difference.If the earned premium is less than the Advance Premium,we will return the difference to you.But in any event we will retain the Minimum Premium as shown in (Item 3)of the Declarations for each twelve months of our "policy period". 14.Separation Of Insureds Except with respect to our Limits of Insurance and any rights or duties specifically assigned to the first "named insured"designated in (Item 1)of the Declarations,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"brought. This condition will not increase our limit of liability for any one "occurrence"or "offense".This con- dition also has no effect on the applicability of exclusions that exclude coverage for all insureds for injury or damage arising from the specified conduct of an or any insured. 15.Terms Conformed To Statute The terms of this policy which are in conflict with the statutes of the state where this policy is issued are amended to conform to such statutes. If we are prevented by law or statute from paying on behalf of an insured,then we will,where permitted by law or statute,indemnify the insured for those sums in excess of the "retained limit". 16.Transfer Of Rights Of Recovery Against Others To Us If any insured has rights to recover all or part of any payment we have made under this policy,those rights are transferred to us.The insured must do nothing after loss to impair those rights and must help us enforce them. Any recoveries will be applied as follows: a.Any interests,including the insured,that have paid an amount in excess of our payment under this policy will be reimbursed first; 3574of610408780012742302020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 15 of 21 b.We then will be reimbursed up to the amount we have paid;and c.Lastly,any interests,including the insured,over which our insurance is excess,are entitled to claim the residue. Expenses incurred in the exercise of rights of recovery will be apportioned between the interests including the insured,in the ratio of their respective recoveries as finally settled. 17.Transfer Of Your Rights And Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt,your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative.However, notice of cancellation sent to the first "named insured"designated in (Item 1)of the Declarations and mailed to the address shown in this policy will be sufficient notice to effect cancellation of this policy. 18.When Loss Is Payable Coverage under this policy will not apply unless and until any insured or an insured’s "underlying insurer"is obligated to pay the "retained limit".When the amount of loss has finally been determined, we will promptly pay on behalf of the insured the amount of loss falling within the terms of this policy. You will promptly reimburse us for any amount within the Self-Insured Retention advanced by us at our discretion on behalf of any insured. SECTION VII -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 support- ers.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". 2."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". 3."Bodily injury"means physical injury,sickness,or disease sustained by a person.This includes mental injury,mental anguish,humiliation,shock or death if directly resulting from physical injury,sickness,or disease to that person. 4."By-product material"has the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. 5."Coverage territory"means: a.The United States of America,including its territories and possessions,Puerto Rico and Canada; and b.If provided by "underlying insurance",anywhere in the world except any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America, including but not limited to,sanctions administered and enforced by the United States Treasury Department’s Office of Foreign Assets Control ("OFAC").The "coverage territory"of this policy will be no broader than that provided by "underlying insurance". 6."Employee"includes a "leased worker"."Employee"does not include a "temporary worker". 3674of2020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 16 of 21 7."Executive officer"means a person holding any of the officer positions created by your charter,con- stitution,bylaws,or other similar governing document. 8."Fungi"means any type or form of fungus,including mold or mildew and any mycotoxins,spores, scents or by-products produced or released by "fungi". 9."Hazardous properties"includes radioactive,toxic or explosive properties. 10."Impaired property"means tangible property,other than "your product"or "your work",that cannot be used 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: a.The repair,replacement,adjustment or removal of "your product"or "your work";or b.Your fulfilling the terms of the contract or agreement. 11."Insured contract"means: a.A contract for lease of premises.However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b.A sidetrack agreement; c.Any easement or license agreement,except in connection with construction or demolition oper- ations 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 contract or agreement entered into,as part of your business,pertaining to the rental or lease,by you or any of your "employees",of any "auto".However,such contract or agreement shall not be considered an "insured contract"to the extent that it obligates you or any of your "employees"to pay for "property damage"to any "auto"rented or leased by you or any of your "employees";or g.That part of any other contract or agreement pertaining to your business (including an indemnifica- tion of a municipality in connection with work performed for a municipality)under which you assume the tort liability of another party to pay for "bodily injury"or "property damage"to a third person or organization,provided the "bodily injury"or "property damage"is caused,in whole or in part,by you or by those acting on your behalf.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs 11.f.and 11.g.above do not include that part of any contract or agreement: (1)That indemnifies a railroad for "bodily injury"or "property damage"arising out of construc- tion or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle,tracks,road-beds,tunnel,underpass or crossing; (2)That pertains to the loan,lease or rental of an "auto"to you or any of your "employees",if the "auto"is loaned,leased or rented with a driver; (3)That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto"over a route or territory that the person or organization is authorized to serve by public authority; (4)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,drawings and specifications;or 3774of610408780012742302020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 17 of 21 (b)Giving directions or instructions,or failing to give them,if that is the primary cause of the injury or damage;or (5)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,includ- ing those listed in Paragraph (4)above and supervisory,inspection,architectural or engineer- ing activities. 12."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". 13."Loading or unloading"means the handling of property: a.After it is removed 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. However,"loading or unloading"does not include the movement of property by means of a mechanical device,other than a hand truck,that is not attached to the aircraft,watercraft or "auto". 14."Mobile equipment"means any of the following types of land vehicles,including any attached machin- ery 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; d.Vehicles,whether self-propelled or not,maintained primarily to provide mobility to permanently mounted: (1)Power cranes,shovels,loaders,diggers or drills;or (2)Road construction or resurfacing equipment such as graders,scrapers or rollers; e.Vehicles not described in 14.a.,14.b.,14.c.,or 14.d.above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1)Air compressors,pumps and generators,including spraying,welding,building cleaning,geo- physical exploration,lighting and well servicing equipment;or (2)Cherry pickers and similar devices used to raise or lower property,equipment,or workers;and f.Vehicles not described in 14.a.,14.b.,14.c.,or 14.d.above maintained primarily for purposes other than the transportation of persons or cargo. However,self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment"but will be considered "autos": (1)Equipment designed primarily for: (a)Snow removal; (b)Road maintenance,but not construction or resurfacing;or (c)Street cleaning; (2)Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower property,equipment,or workers;and (3)Air compressors,pumps and generators,including spraying,welding,building cleaning,geo- physical exploration,lighting and well servicing equipment. 3874of2020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 18 of 21 However,"mobile equipment"does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where such vehicles are licensed or principally garaged. 15."Named insured"means: a.Any person or organization listed in (Item 1)of the Declarations; b.Any organization of which you maintain ownership or majority interest as of the effective date of this policy,provided that such organization was made known to us by the effective date of this policy and is included as an insured in "underlying insurance".However,coverage for this insured under this policy will be no broader than that provided by "underlying insurance". c.Any organization you newly acquire or form,other than a partnership,joint venture,or limited liability company,and over which you maintain ownership or majority interest,will qualify as a "named insured"under this policy if there is no other similar insurance available to that organiza- tion.However: (1)Coverage under this provision is afforded only until the 180th day from the date you acquire or form the organization or the end of the "policy period",whichever is earlier.However,such coverage will be provided for no longer than that provided by "underlying insurance"; (2)Coverage does not apply to any liability that occurred or "offense"committed before you acquired or formed the organization;and (3)Coverage applies only if the organization is included as an insured in "underlying insurance" and coverage for this insured will be no broader coverage than that provided by "underlying insurance". 16."Nuclear facility"means: a.Any "nuclear reactor"; b.Any equipment or device designed or used for: (1)Separating the isotopes of uranium or plutonium; (2)Processing or utilizing "spent fuel";or (3)Handling,processing or packaging "nuclear waste"; c.Any equipment or device used for the processing,fabricating or alloying of "special nuclear ma- terial"if at any time the total amount of such material in the custody of any insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof,or more than 250 grams of uranium 235; d.Any structure,basin,excavation,premises or place prepared or used for the storage or disposal of, "waste",and includes the site on which any of the foregoing is located,all operations considered on such site and all premises used for such operations. 17."Nuclear material"means "source material","special nuclear material"or "by-product material". 18."Nuclear reactor"means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. 19."Nuclear waste"means any waste material: a.Containing "by-product material"other than the tailings of waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content;and b.Resulting from the operation by any person or organization of any "nuclear facility"included under the first two paragraphs of the definition of "nuclear facility". 20."Occurrence"means an accident,including continuous or repeated exposure to substantiall y the same general harmful conditions.All such exposure to substantially the same general harmful conditions shall be considered as arising out of one "occurrence". 3974of610408780012742302020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 19 of 21 21."Offense"means an "offense"included in the definition of "personal and advertising injury".All damages that arise from exposure to the same act,publication,infringement or general conditions are considered one "offense",regardless of the frequency or repetition thereof,the number or kind of media used or the number of claimants. 22."Other insurance"means any valid and collectible policies of insurance providing coverage for dam- ages covered in whole or in part by this policy. "Other insurance",however,does not include "underlying insurance",any amount shown in the Dec- larations as a Self-Insured Retention or any insurance specifically written as excess over this policy. 23."Personal and advertising injury"means injury,including consequential "bodily injury",arising out of one or more of the following "offenses": a.False arrest,detention or imprisonment; b.Malicious prosecution; c.The wrongful eviction from,wrongful entry into,or invasion of the right of private occupancy of a room,dwelling or premises that a person occupies,committed by or on behalf of the owner, landlord or lessor; d.Oral or written publication,in any manner,of material that slanders or libels a person or organiza- tion or disparages a person’s or organization’s goods,products or services; e.Oral or written publication,in any manner,of material that violates a person’s right of privacy; f.The use of another’s advertising idea in your "advertisement";or g.Infringing upon another’s copyright,trade dress or slogan in your "advertisement". 24."Policy period"means the time between the effective date of this policy shown in (Item 2)of the Declarations and the earlier of the expiration date shown in (Item 2)of the Declarations,termination date or cancellation date of this policy. 25."Pollutants"means any solid,liquid,gaseous,or thermal irritant or contaminant,including smoke, vapor,soot,fumes,acids,alkalis,chemicals,and waste.Waste includes materials to be recycled, reconditioned,or reclaimed. 26."Products-completed operations hazard": a.Means all "bodily injury"and "property damage"occurring away from premises you own or rent and arising out of "your product"or "your work"except: (1)Products that are still in your physical possession;or (2)Work that has not yet been completed or abandoned."Your work"will be deemed completed at the earliest of the following times: (a)When all of the work called for in your contract has been completed. (b)When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (c)When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service,maintenance,correction,repair or replacement,but which is otherwise complete,will be treated as completed. b.Does not include "bodily injury"or "property damage"arising out of: (1)The transportation of property,unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you,and that condition was created by the "loading or unloading"of that vehicle by any insured;or (2)The existence of tools,uninstalled equipment or abandoned or unused materials. 4074of2020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 20 of 21 27."Property damage"means: a.Physical injury to tangible property,including all resulting loss of use of that property.All such loss of use will be deemed to occur at the time of the physical injury that caused it;or b.Loss of use of tangible property that is not physically injured.All such loss will be deemed to occur at the time of the "occurrence"that caused it. For the purposes of this insurance,electronic data is not tangible property. As used in this definition,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,CDROMs,tapes,drives,cells,data processing devices or any other media which are used with electronically controlled equipment. 28."Retained limit"means,the greater of: a.The total applicable limits of the "underlying insurance"and any "other insurance"available to the insured;or b.The amount stated in the Declarations as the Self-Insured Retention as a result of any one "occur- rence"or one "offense"not covered by "underlying insurance"nor by any "other insurance" providing coverage to the insured. 29."Source material"has the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. 30."Special nuclear material"has the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. 31."Spent fuel"means any fuel element or fuel component,solid or liquid,which has been used or exposed to radiation in a "nuclear reactor". 32."Spouse"means any husband,wife or partner in a marriage or civil union or any person qualifying as a domestic partner under any federal,state or local laws. 33."Suit"means a civil proceeding which seeks monetary damages because of any liability to which this insurance applies."Suit"also includes: a.An arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent;or b.Any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. 34."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. 35."Underlying insurance"means the policy or policies of insurance or self-insurance and their limits of insurance listed in the Schedule of Underlying Insurance.It includes any renewal or replacement of those policies during the term of this insurance provided that: a.Policy limits are equal to or greater than the policy being renewed or replaced;and b.Insurance is provided for the same hazards,except as to any modifications which are agreed to by us in writing. If however,a policy shown in the Schedule of Underlying Insurance has a limit of insurance: a.Greater than the amount shown in the Schedule of Underlying Insurance,this policy will apply in excess of the greater amount of valid and collectible insurance;or b.Less than the amount shown in the Schedule of Underlying Insurance,this policy will apply in excess of the amount shown in the Schedule of Underlying Insurance forming a part of this policy. 36."Underlying insurer"means any insurer who provides "underlying insurance". 4174of610408780012742302020Liberty Mutual Insurance CU 60 02 04 21 Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.Page 21 of 21 37."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. 38."Your product"means: a.Any goods or products,other than real property,manufactured,sold,handled,distribute d or disposed of by: (1)You; (2)Others trading under your name;or (3)A person or organization whose business or assets you have acquired;and b.Containers (other than vehicles)materials,parts or equipment furnished in connection with such goods or products. "Your product"includes: a.Warranties or representations made at any time with respect to the fitness,quality,durability, performance or use of "your product";and b.The providing of or failure to provide warnings or instructions. "Your product"does not include vending machines or other property rented to or located for the use of others but not sold. 39."Your work"means: a.Work or operations performed by you or on your behalf;and b.Materials,parts or equipment furnished in connection with such work or operations. "Your work"includes: a.Warranties or representations made at any time with respect to the fitness,quality,durability, performance or use of "your work";and b.The providing of or failure to provide warnings or instructions.