HomeMy WebLinkAboutAgreements/Contracts - Public WorksGRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT: PUBLIC WORKS
REQUEST SUBMITTED BY: SHILO NELLIS
CONTACT PERSON ATTENDING ROUNDTABLE.. DAVE BREN
CONFIDENTIAL INFORMATION: E]YES ® NO
DATE: 07/23/2024
PHONE: 509-754-6082
M
1:4 1
]aMU
A
1
®Agreement / Contract
EIAP Vouchers
A.
DAppointment / Reappointment
EIARPA Related
El Bids / RFPs / Quotes Award
E]Bid Opening Scheduled
El Boards / Committees
7 Budget -
7 Computer Related
El County Code
El Emergency Purchase
0 Employee Rel.
El Facilities Related
El Financial
❑ Funds
El Hearing
El Invoices / Purchase Orders
El Grants — Fed/State/County
E]Leases
EIMOA / MOU
❑ Minutes
ElOrdinances
El Out of State Travel
0 Petty Cash
El Policies
7 Proclamations
El Request for Purchase
El Resolution
El Recommendation
El Professional Serv/Consultant
7Support Letter
E]Surplus Req.
E]Tax Levies
E]Thank You's
E]Tax Title Property
E1WSLCB
- - - ------ !jib
'a
W,
en�
Z2,
W-6
��i U613`om
1 h"'
---------- --------
CONTRACT WITH NELSON CONSTRUCTION CORP FOR ROAD H -SE
RECONSTRUCTION PROJECT, CRP 19-10
If necessary, was this document reviewed by accounting? El YES El NO
'A N/A
If necessary, was this document reviewed by legal? YES ❑ NO ❑ N/A
ill ----------
DATE OF ACTION: 1,�h, 241 -
APPROVE: DENIED ABSTAIN
D1:
D2:
D3:
4/23/24
DEFERRED OR CONTINUED TO:
E
...... ....
N=1=M4MWUN
Canstructlon Corp
July 17, 2024
Grant County Public Works
124 Enterprise Street SE
Ephrata, WA 98823
Attn: Bob Bersanti
Re: H -SE Reconstruction Project
Dear Bob,
Please find the following contract documents:
• Contract (4 each)
• Contract Bond (1 each)
• Certificate of Insurance (1 each)
We look forward to working with you on this project.
Sincerely,
Nelson Construction Corp.
John Nelson, President
cd
Enclosure
P.O. Box 794 Walla Walla, Washington 99362
JUL 19 2024
509.526.5249 (office) 509.526.5762(fax)
v/14-193
JLX-Z.d
THIS AGREEMENT, between the Board of County Commissioners of Grant County., State
of Washington, acting under and by virtue of Chapter 36.77 of the Revised Code of ashi, gton,
as amended, hereinafter calied the County, andi
Aom-a-z C-461AA or t elf, its
- V - 0- V !Contraheirs, executors, administrators, successors and as;ns., nereinaT�rI&cYaeaor.
0
WITNESSETH. -
That in consideration of the payments, covenants, and agreements, hereinafter
mentioned, and attached and made a part of this agreement, to be made and performed by the
parties hereto, and the parties hereto covenant and agree as follows.
DESCRIPTION OF WORK:
1. The Contractor shall do all work and furnish all tools, materials, and equipment
necessary to improve and complete H -SE RECONSTRUCTION PROJECT, CRP 19-10, located in
Grant County, Washington, as proposed in a bid opened 1:00 P.M. Pacific Time, Tuesday, July 2,
2024 in accordance with and as described in the herein attached plans and standard
specifications, and in full compliance with the terms, conditions, and stipulations herein set
forth and attached, now referred to any by such reference incorporated herein and made part
hereof as fully for all purposes as if here set forth at length, and shall perform any alterations in
or additions to the work covered by this contract and every part thereof and any force account
work may be ordered as provided in this,contract and every part thereof,
2. The Contractor shall provide and be at the expense of all materials, labor, carriage,
tools, implements and conveniences and things of every description that may be requisite for
the transfer of materials and for constructing and completing the work provided for in this
contract and every part thereof.
I The County hereby promises and agrees with the Contractor to employ, and does
employ the Contractor to provide the materials and to do and cause to be done the above
described work and to complete and finish the same according to the attached plans and
speci
IN WITNESS WHEREOF, the said Contractor has executed thi
CONTRACT
THIS AGREEMENT, between the Board of County Commissioners of Grant County, State
of Washington, acting under and by virtue of Chapter 36.77 of the Revised Code of Washington,
as amended, hereinafter called the County, and CZA -, "7 for itself, i
i is
hers, executors, administrators, successors and assigns, hereinafter called the Contractor.
WITNESSETH:
That in consideration of the payments, covenants, and agreements, hereinafter
mentioned, and attached and made a part of this agreement, to be made and performed by the
parties hereto, and the parties hereto covenant and agree as follows.,
DESCRIPTION of WORK;
.. The Contractor shall do all work and furnish all tools, materials, and equipment
necessary to improve and complete H -SE RECONSTRUCTION PROJECT, CRP 19-10, located in
Grant County, Washington, as proposed in a hid opened 1:00 P.M. Pacific Time, Tuesday, July 2,
2024 in accordance with and as described in the herein attached plans and standard
specifications, .and in full compliance with the terms, conditions, and stipulations herein set
forth and attached, now referred to any by such reference incorporated herein and made part
hereof as fully for all purposes as if here set forth at length, and shall perform any alterations in
or additions to the work covered by this contract and everyan art thereof and force account
p �
work may be ordered as provided in this contract and every part thereof.
2. The Contractor shall provide and be at the expense of all materials, labor, carriage,
tools, implements and conveniences and things of every description that may be requisite for
the transfer of materials and for constructing and completing the workp rovided for in this
contract and every part thereof.
. The County hereby promises and agrees with the Contractor to employ, and does
employ the Contractor to provide the materials and to do and cause to be done the above
described work and to complete and finish the same according to the attached plans and
speci
IN WITNESS WHEREOF., the said Contractor has executed this instrument) and the said Board of
County Commissioners of Grant County has caused this instrument to be executed by and in the
name of said Board by its Members, duly attested by its Clerk, the day and year below written,
and the seal of said Board to be hereunto affixed on said date.
day of 202 A r
Deputy Prosecuting Attorney
H- E, CR
2024
Address
city State zip
Phone
Contract — Page
CONTRACT
THIS AGREEMENT, between the Board of County Commissioners of Grant County,. State
of Washington, acting under and by virtue of Chapter 36.1 -7"7
1 /
f the %evised Code of Washington,
ptopeA06 Vic" llu eft, *&,.
as amended, hereinafter called the County, and 7or Itself, Its C I
heirs, executors, administrators,. successors and assigns, hereinafter called th7eContraactor.
WITINESSETH:
That in consideration of the payments, covenants, and agreements, hereinafter
mentioned, and attached and made a part of this agreement, to be made and performed by the
parties hereto, and the parties hereto covenant and agree as follows,,
DESCRIPTION OF WORK:
1. The Contractor shall do all work and furnish all tools, materials, and equipment
necessary to Improve and complete.H-SE RECONSTRUCTION PROJECT, CRP 19-10, located in
Grant County,, Washington, as proposed in a bid opened 1:00 P.M. Pacific Time, Tuesday., July 2.,
2024 in accordance with and as described in the herein attached plans and standard
specifications, and in full compliance, with the terms, conditions, and stipulations herein set
forth and attached, now referred to any by such reference incorporated herein and made part
hereof as fully for all purposes as if here set forth at length, and shall perform any alterations in
or additions to the work covered by this contract and every part thereof and any force account
work may be ordered as provided in this contract and every part thereof,
2. The Contractor shall provide and be at the expense of all materials, labor, carriage,
tools, implements and conveniences and things of every description that may be requisite for
the transfer of materials and for constructing and completing the work provided for in this
contract and every part thereof,
3. The County hereby promises and agrees with the Contractor to employ, and does
employ the Contractor to provide the materials and to do and cause to be done the above
described work and to complete and finish the same according to the attached plans and
spec1fications and the terms and conditions herein contained, and hereby contracts to pay for
l
the same according to the attached specifications and the schedule of unit or iternized prices
hereto attached, at the time and in the manner and upon the conditions provided for in this
contract and every part thereof. The County further agrees to employ the Contractor to
perform any alterations in or additions to the work covered by this contract and every part
thereof and any force account work that may be ordered and pay for same under the terms of
this contract and the attached plans and specifications.
4. The Contractor for himself, and for his heirs., executors., administrators and assigns, and
successors and assigns, does hereby agree to the full performance of all the covenants herein
contained upon the part of the Contractor,
5. It is further provided that no liability shall attach to the County by reason of entering
into this contract, except as expressly provided herein.
H -SE, CRP 19-10
Contract —Page 1
IN WITNESS WHEREOF,, the said Contractor has executed this instrument,, and the said Board of
County Commissioners of Grant County has caused this instrument to be executed by and in the
name of said Board by its Members, duly attested by its Clerk, the day and year below written,
and the seal of said Board to be hereunto affixed on said date.
to 0] J13 71 �
day of 2024
Deputy Prosecuting Attorney
H -SE,
Phone
Contract — Page
THIS AGREEMENT,, between the Board of County Commissioners of Grant County,. State
of Washington,, acting under and by virtue of Chapter 36*77 qf the R Vis d Code f ashington,
as amended, hereinafter called the County, and 2t,z $--V 4'.4A dit I Z; for 'Itself, its
,a_ sk"
heirs, executors, administrators., successors and assigns, hereinafter called the Contractor.
0
WITNESSETH.
That in consideration of the payments, covenants, and agreements, hereinafter
mentioned, and attached and made a part of this agreement, to be made and performed by the
parties hereto, and the parties hereto covenant and agree as follows.
DESCRIPTION OF WORK:
1. The Contractor shall do all work and furnish all tools, materials, and equipment
necessary to Improve and complete H -SE RECONSTRUCTION PROJECT, CRP 19-10., located in
Grant County, Washington, as proposed in a bid opened 1:00 P.M. Pacific Time, Tuesday,, July 2.,
2024 in accordance with and as described in the herein attached plans and standard
spec'fications, and in full compliance with the terms, conditions, and stipulations herein set
l
forth and attached, now referred to any by such reference incorporated herein and made part
hereof as fully for all purposes as if here set forth at length, and shall perform any alterations in
or additions to the work covered by this contract and every part thereof and any force account
work may be ordered as provided in this contract and every part thereof,
2. The Contractor shall provide and be at the expense of all materials, labor, carriage,
tools, implements and conveniences and things of every description that may be requisite for
the transfer of materials and for constructing and completing the work provided for in this
contract and every part thereof.
3. The County hereby promises and agrees with the Contractor to employ, and does
employ the Contractor to provide the materials and to do and cause to be done the above
described work and to complete and finish the same according to the attached plans and
specifications and the terms and conditions herein contained, and hereby contracts to pay for
peci
the same according to the attached specifications and the schedule of unit or itemized prices
hereto attached, at the time and in the manner and upon the conditions provided for in this
contract and every part thereof. The County further agrees to employ the Contractor to
perform any alterations in or additions to the work covered by this contract and every part
thereof and any force account work that may be ordered and pay for same under the terms of
this contract and the attached plans and specifications.
4. The Contractor for himself, and for his heirs., executors, administrators and assigns, and
successors and assigns, does hereby agree to the full performance of all the covenants herein
contained upon the part of the Contractor.
5. It is further provided that no liability shall attach to the County by reason of entering
-0
into this contract, except as expressly provided herein.
H -SE, CRP 19-10 Contract ---Page 1
IN WITNESS WHEREOF., the said Contractor has executed this instrument,, and the said Board of
County Commissioners of Grant County has caused this instrument to be executed by and in the
name of said *Board by its Members, duly attested by its Clerk, the day and year below written,
and the seal of said Board to be hereunto affixed on said date.
day of * 2024
Deputy Prosecuting Attorney
H -SE, CRP 19 -
4�day of 2024
Signature
Print Name
Firm Name
L
Address
city state Zip
Phone
Contract — Page
Y,!YYYY.+fJ. lM J77YN+1l. NM'W.'�i,VYnyYryry .:. fA'MYYf.MMN. N. N. N..N.; :. /.�MYNf.+YYW.+.NN..+YM/..: NAWl.N: Nx.!i+wN. S+' MiYl'.'/.?: N..ONWNl1M'W..N.NI'i+ +! �//f./M. N.......N. fM..�....:
.. Contra
rower I Wt KA N t It ower of Attorney
Sur-
e-ty-Bond. No.- 800181101 Prin Nelson Construction, Corp.
Obfigec Grant County
KNOW ALL "MEN HYTHERMEN13, t&d XPLAMIX SPECIAUN INSURANC11, COMPANY, a New ,Ybik- coirration With its. 1offxct1nMy-nwuth.
- i ft T
bfinnOSOM-1, does hemby conswft uto- and ap Jenniher Madiinez,lbarra.
poi t. -eoch in&Vidualy. If therobt., MM thaA One nw4d, Its tmo vd, lawfW Aftmey-in
to MA -0, execute, X-0 a3w ft), ; Its
Ivor., for and: 00A be-haWas sumty,, any and al). bon&, oflln&MARYand all Other wrid s<"-i&atory,1nAbent"
bo.
d*M0f;.PT0VWe.d that no bond or unde liking. oxw.uted. under thiq auth sh 't -fie• S
' ft onty. all exoaed W MOM t um of.� s -million. dollaft ($0,WAft and -the execution of such
bonds.. mvgniunces.,contracu. Jwe
of mnity, mid W, U oth-or waithigs obligato q, -111, the nates 1hM.0f. ul PutSuMV4. Of these ptesseats,&-hall be u- binding• upo mid. COMP*Aa-y
dxy had been. fhUy 4,%ned 1�y an. a whorized officer of the (�ompany mid sealed. with the C,�OmpaftyvW. "rim's Pouter of Anomey. is mWe and executed by -authority
of.. the
Following resulations Wopted, by the'Rofird of Di=tonq. of A1LANT1, C. SPECIAUR,' IN URA -WR COMPANY (m die: bventy4ffth, duy of September, '20 1.2
w'a7. bat the. pft, *&-gt a "ell `qr "D
114-Y execute. f(twid inb "m f of die. o yany
Y;S M, ide'n't
r
PM and.4 bows, M. -,0P1Zamx8,:C0fltMCtS of "lode, -malt .0-ther wir. tlng.sobfigatm-y in. (W natum thereAti., Wd W'fix the sed -of tho C -Om th Mi. toan ithat the
y'.-nd pany d
.Authorize4 Officer.mgy VpoW and authorize an Attowey-ia-Fact to executt on behalf of the Couipmy any md; dt such -11astmments aW .0 affix. the Clmpmy
sewA
the to md*, that the Auth'arized Officer ma -Fac voleall jvwa- and authmity given. to any such Attoney-M..
Pact. . y at any time mmove any slich.Att orney Uemd.re
RMIVT,dw IU Ow Mumey-in-Facf, way W powtg and,30 thodq to
psten fid) exec.11te, Rw in and.i.... th
nam.e an. thalf of the, compa a a allj-bon4o
an dt
-reCOPMWCOS-cont M.cts of dem. d W. othex wn , p obligatory in -the, natwv, the '« and axvy suchiinstm=ent execQtW.
beas binding x�pon the by- any sa 0-�:Awnie.Y-4n-Fka shoU
Com.pw as " S" ed and sealed. by. an Audiorized Offikxr anvd,fuxtha., the Aftowey-in-Fact is. hen4, authorized.
If .1p affid it.
.mquired to, beattached to bon&, recogigzances, cont m-ets of: indem m�y , and a! other w nit obhgatoq: in t tbemmf. to: VeAfy any
he natute
-b-i
Tbis power of Anomey.L4,51*900d and SeWed I
by Wgim-410 Mderft whodty Of the 110wiRg:ROWIWiOnadOPtWbYtbeBMdofDitetMef.ATLANTI: .,,SPWIALTY
MLMANCE; COMPAW on the. twenty-fifth day of Sepwmber, 201::`. -
Ned: Rm- Ned: That ft Signatm. of = AuthiodizW qt r, S: QJ of Q e SM'..Wtfa.. -Anktan Wit.* o w...d -tho Co m.,, pa y may. bo affjW 'by
13 scA
fa min "t to, W. ty - .-WOE -of 400. n1ey, or to: Any comit it -a-At Ini.1
ow P0 orov. FA iy of,
I It . .cMw
undeftkW, recognhance or other wAtten obligafioa in. the. nature th pwpo 4: om ecuOn . d esjj gany, bood,
ereof, and auy and od when so! uW, being h a-eby adopted -by tk.:Co m-pany
as the 06, �"l signatm. of such Officer and fheodig�ml -wal of the CoMpany, to be, vand: andpon tho Company with. tbo smw fbrw and df t: -thou
as gh
nwtvaill'y d. fixed.,. M8 -u
INNWITNI-i'E. 518WHER-BOF, ATLANTICSPECULTY INSURANCE COWAN Y'has, caused these prmats: to be sigmd by an Authorized Off - aW the seol of, the Corap, y
to beaffixed "i, fft day of, Mix 2.020.
_*Sr
S
"T rvY
BY JA
STATE- OF MINNESOTA
4
'Paul J� Breh M, Se
HENNEPIN COU N -TY Ator Vice ftesident
On this fift day: of Mmb, 20,204,,hefam me, ally ome Kau). 14BX&M SenjorVi a P-W-sidonit of A., UA.N TIC SPECIAITY INSURANCE COMPAW, -.1-y
P M -01A
r
k-aown- to bothe individual and officer dw-ribed. in and, who CXecuW, the. p m-cedin g and, he RC' wledged-t-bee-m ie -me-
W kno x, mtkin oA' th and bONgby mc-daly swo m.,
Na
that hol is, the said. offic'evot th-0- CbMPUY-4f0ftsaid, rind that ffie W1 wed to the pwo&nginmmett N. j-he.St-4 "Ofsaid. CCOpany and. thal. ft mid 809 and the. sigunam: aq
such officer was d4.1 y affixed and. subscnilbed, to the swid instru e. y au at: direcdon: of the Company.
M nt 0� die thm-t.y and the I
...............
7;FW.F1FY
Y
AEL
7 6
)6/ -
Notxv
Nblic
.: W W NY �h . kagpow-ex.: of 4110mey.
.'Irttit4'uiu&migm.4.,.Ass:ista.DtSecmtm7ofA"TL,A,NT,fC$,'�Pg'(�'�IALT'Yl.-'N-81.1ugm.''CE; .'M ANY,:a New York.Cm"fl"00, dohmby cerd�r ftt 0;f0mgo,
is in U11 force:twd has :-aot bfta xeivoked* wvd d* forth Above ait.now, - jftibrce;,,
Sipiz,d anti 80410d, D 4
W I ed nth d f--.
Jul 202
-4 8V
.70000
CWistopher V.. k".., Secretary
h.":
,�.."'. MORE&ISE-01 PCR rLl
CERTIFICATE OF L INSURANCE DATE (MMIDDNYYY)
7112/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT'S UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR AFTER THE 'COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCED, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the cortificateE holder is ars ADDITIONAL INSURED, the policy{les} must have ADDITIONAL INSURED provisions, or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsement s}.
PRODUCER DICT Christopher Ivio
Spokane Office
PHONE FA}i
arch McLennan Agency LLC (A/C, No, Ext): 6091) 755-9312 (A1C, Noi;
501 N. Riverpoint Blvd., Sto 403 AEi%A1 sg4. Chrls.1v!o@MarshMMA.com
Spokane, WA 99202 A,+com
INSURER(S) AFFORDING COVERAGE MAIC N
INSURER A: Alaska National Insurance Coy an 38733
INSURED INSURER B: 13orkleAssurance Company 39462
Nelson Construction, Corp. INSURER C,.
PO Box 794 INSURER D:
Valla Walla,' A, 99352
INSURER E
INSURED F:
COVERAGES CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED
NAMED
ABOVE FOR -THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REaUIRENIENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT
CERTIFICATE MAY HE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRI13E,D
WITH RESPECT
HEREIN IS SUBJECT
TO WHICH THIS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TO
ALL THE TERMS,
INSR AOOL SUER PaLICY NUMBER
TR TYPE OF INSURANCE POLICY EFF
MMIDPOLICY
A
LIMITS
X COMMERCIAL GENERAL LtAuii.rTY
EACH OCCURRENCE
$ 120003000
CLAIMS -MADE 1 7X OCCUR X X 24C PS 12885 3120{2024 312012025
,1( GL. PD $53000
DAMAGE TO RENTED
PREMISES Ea o urrence
500,000
ED EXP (&a oneperson)
$ 101000
PERSONAL & ADV INJURY
$ 110001000
GE 'L AGGREGATE LIMIT APPLIES PER:
POLICY [X]JE F__] LOC
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS-COMP}OPAGO
$ 2p0000000
OTHER:
WA STOP GAP
$ 19000,000
A AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
(Ea ddeat
$
X ANY AUTO X 24C AS 12866 312012024 312012028
OWNED SCHEDULED
BODILY INJURY Wer erson
—
$
AUTOSONLYAUTO..�S
AU A TrJS
BODILY INJURY Peracaldet�#
AMAGE
PPer
$
S ONLY NLY
a clRd�nt
$
A X UM13REL LA LIAR X OCCUR
EACH OCCURRENCE
$
$ 1030003000
EXCESS RIAB CLADS -MADE X X 24C LU 12860 312012024 312012025
AGGREGATE
1 %000,000
DEDRETENTION $ 10,000
WORKERS COMPENSATION
ANO EMPLOYERS' LIABILITY YIN
STATUTE ER
ANY PROPRIETCRIPARTNERIEXECU i IVE
PFFICIalr'rMEEXCLUDE D? � N f A
n E,
E.L. EACH ACCIDENT
$
)
If es, descrlE�e under
E.L. DISEASE - EA EMPLOYEE
$
D RIPTION OF OPERATIONS below
A Installation Floater 240 IA '12888 312012024 312012025
E.L. DISEASE - R?LIGY LI MIT
ANY LOCITEMPITRANSIT
�
B Pollution/Prof. PCAB-5024376-0324 3/2012024 312012025
E
Each �OCCU rre nice
400,000
1,000,00 0
DESCRIPTION OF OPERATIONS 1 LOCATroms 1 VEHICLES (ACORD 10'19 Additional Romarks Schedule, may be attached If more space is required)
Project: H -SE Reconstruction Project, CRP 19.10
Board of County Commissioners of Grant, County, WA Is Included as additional insured, on a primarylnon-contributor basis, including waiver of subro ation
in
accordance with the terms and conditions of the policy, per attached forms,
g
CERTIFICATE HOLDEI1 CANCELLATION
Y
SHOULD ANY OF THE A13OVE DESCRIBED POLICIES BE CANCELLED DEPORE
Board of County Commissioners of Grant County,WA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
35 C Street NW
ACCORDANCE WITH THE POLICY PROVISIONS,
Ephrata, INA 98823
AUTHORIZED REPRESENTATIVE
AC IRiD 28 2018103) @'1088-20'16ACORD CORPORATION. All rights reserved.
The ACORD name and logo aro registered marks of AC+ORD
a National
Alas.
INSURANCE COMPANY
CONTRACTORS' GENERAL LIABILITY ENHANCEMENT ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following'.
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Coverage afforded under this extension of coverage endorsement does not apply to any person or organization
covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part.
SCHEDULE OF COVERAGES ARE SUMMARIZED BELOW
1. Miscellaneous Additional Insureds
8 additional insured extensions.
Primary and Noncontributory Insurance
2, Damage To Premises Rented to You
Limit increased to $500,000.
3. Medical Payments
Limits increased to $15,000.
Reporting period increased to three years from the
date of accident.
4. Non -owned Watercraft
Increased to 50 feet.
6. Supplementary Payments
Cost of bail bonds increased to $10,000.
Daily loss of earnings increased to $500.
6. Newly Formed Or Acquired Organizations
Coverage extended to the end of the policy period
or the next anniversary of this policy's effective
date.
7. Liberalization Clause
8. Unintentional Failure To Disclose Hazards
9. Notice of Occurrence
10, Broad Knowledge of Occurrence
11,, Bodily Injury - Extension ofCoverago
12. Expected Or Intended Injury
Reasonable force bodily injury or property
damage.
13. Blanket Waiver of Subrogation
Waiver of subrogation where required by written
contract or written agreement.
14. In Rem Actions
15. Voluntary Property Damage
Limits added: $5,000 occurrence, $10,000
aggregate.
I. MISCELLANEOUS ADDITIONAL INSUREDS
Section 11 Who Is An Insured is amended to
include as an additional Insured any person or
organization described in Paragraphs 2.a. through
2.h. below whom you are required to add as an
additional insured on this policy under a written
contract or written agreement. However, the
written contract or written agreement must be:
1. Currently in effect or becoming effective
during the term of this policy; and
2. Executed prior to the "bodily injury",
"property damage $I or "personal injury and
advertising injury", but
Only the following persons or organizations
are additional insureds under this
endorsement and coverage provided to such
additional insureds is limited as provided
herein,
a. State or Governmental Agency or
Subdivision or PoliticalSubdivi-
sions
Any state or governmental agency or
subdivision or political subdivision that
has issued a permit in connection with
operations performed by you or on
your behalf and that you are required
by any ordinance, law or building code
to include as an additional insured on
this coverage part is an additional
insured, but only with respect to
liability for "bodily injury,', "property
damage it I "personal and advertising
injuryll arising out of such operations.
ANIC GL 1187 08 21 Page 1 of 7
The insurance provided to such state
e. Owners or Other Interests From
or political subdivision does not apply
Whom .and Has Been Leased
to any "bodily injury", "property
damage" or "Personal and advertising
ll
An owner or other interest from whom
injury arising out of operations
land has been leased by you but only
performed for that state or political
with respect to liability arising out of
subdivision.
the ownership, maintenance or use of
that specific part of the land leased to
b. Controlling Interest
you and subject to the following
additional exclusions:
Any persons or organizations with a
controlling interest in you but only with
This insurance does not apply to:
respect to their liability arising out of:
(1) Their financial control of you, or
(1) Any occurrence 10 which takes
place after you cease to lease that
land; or
(2) Premises they own, maintain or
control while you lease or occupy
(2) Structural alterations, new con -
these premises.
struction or demolition operations
This Insurance does not apply to
performed by or on behalf of such
additional insured.
structural alterations, new construe,
tion and demolition operations
f. Co-owner of Insured Premises
performed by or for such additional
insured.
A co-owner of a premises co -owned
c. Managers or Lessors of Premises
by you and covered under this
Insurance but only with respect to the
A manager or lessor of premises but
co-owners liability as co-owner of
such premises.
• only with respect to liability arising out
of the ownership, maintenance or use
g. Lessor of Equipment
of that specific part of the premises
leased to you and subject to the
following additional excluslo'ns:
Any person or organization from
whom you lease equipment. Such
This insurance does not apply to:
person or organization is an additional
insured only with respect. to their
"occurrence''
(1) Any occurrence which takes
liability for "bodily injury", "property
damage'" or" personal and Advertising
place after you cease to be a
injury" caused, in whole or in part, by
tenant in that premises; or
your maintenance, operation or use of
(2) Structural alterations, new con-
equipment leased to you by such
person or organization. A person's or
struction or demolition operations
organization's status as an additional
performed by or on behalf of such
insured under this endorsement ends
additional insured.
when their written contract or written
d. Mortgagee, Assignee or Receiver
agreement with you for such leased
equipment ends.
A mortgagee, assignee or receiver but
With respect to the insurance afforded
only with respect to their liability as
these additional insureds, the
mortgagee, assignee, or receiver and
following additional exclusions apply:
arising out of the ownership,
maintenance, or use of a premises by
This insurance does not apply:
you.
This insurance does not apply to
(1) To any "occurrence" which takes
after the equipment lease
structural alterations, new construe
expires;
expires; or
tion or demolition operations
performed by or for such additional
Insured.
ANIC GL 1187 08 21 -Page 2 of 7
(2) To "bodilyinjury", "property b. Will not bebroader than* that
damage 31 1 or "personal and which you are required bythe
advertising injury" arising out of contract or agreement to
the ao|a negligence of such provide for such additional
additional insured. insured.
h. Owners, Lessees or Contnactozm^
3. With respect to the insurance
Ongoing Operations and
afforded to these additional
Completed Operations
|naumde, the following additional
exclusions apply:
1. Any person or organization for
whom you are performing
This insurance does not apply to:
operations or have performed
operations when you and such
1. "Bodily injury's . "property
person or organization have
damage" or "Personal and
agreed in writing in a contract or
advertising injury" er|e|nQ out
agreement that such person or
of the rendering of, or the
organization he added as an
failure to render, any
additional insured on your policy;
professional orohKodum\,
and
engineering or surveying
services, including:
2. Any other person urorganization
you are required to add as an
m~ The preparing, approving,
additional insured under the
or failing to prepare or
contract oragreement described
approve, mapm, shop
inParagraph 1.above.
draw|ngy, mpin\ons,
reports` surveys, field
Such pars-on(s) or organization(s) is
orders, change orders or
anadditional insured only with respect
drawings and spacifiue-
tn liability for "bodily injury", "property
tions; or
damage 13 r" ona|endadwert|e|ng
injury" caused, in whole or|n part, by:
b. Supervisory, |nepecUon,
mmnnwozuns/ or
r Your acts nromissions; or
engineering activities.
N. The acts or omissions of
This exclusion applies even if
those acting mnyour behalf; or
the o|a|ma against any
insured allege negligence or
C. "Your Work" performed for the
other wrongdoing in the
additional insured described
supervision, hiring, p|
|n Paragraph 1' or 2� above
ment.a|ninQnrmonMor|ngof
�
andindudmd|nthe" ducts
nmora by that insured, if the
completed operations hazord."
"occurrence" vvNuh caused
the "bodily injury" or"property
In the performance of your ongoing
damage", or the offense
upemd|nna or completed operations
which oouomd the "personal
for the additional insured described \n
and advertising injury",
Paragraph 1.or2.above,
. involved the rendering of, or
the failure to render. any
However, the insurance afforded to
professional erchkentum|,
such additional insured described
engineering or surveying
above:
services.
a. Only applies to the extent
ANIC,GL 1187 08 21 Page 3 of 7
Primary And Noncontributory Insurance
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named
Insured under such other
insurance; and
(2) You have agreed in writing in a
contract or agreement that this
insurance would be primary and
would not seek contribution from
any other insurance available to
the additional insured.
Section III - Limits of Insurance, the following is
added:
With respect to the insurance afforded to the
additional insureds described in Paragraphs a,
through h. above, the most we will pay on behalf of
such additional insured is the amount of Insurance:
(1) Required by the contract or
agreement; or
(2) Available under the applicable
Limits of Insurance shown in the
Declarations-,
whichever is less.
This provision shall not increase the applicable
Limits of Insurance shown in the Declaration.
2. Damage To Premises Rented to You
SECTION III - LIMITS OF INSURANCE,
Paragraph 6. 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 any one premises, while
rented to you, or in the case of damage by
fire, while rented to you or temporarily
occupied by you with permission of the
owner,
AMC GL 1187 08 21
If a limit is shown for Damage to Premises Rented
to You the most we will pay under Coverage A for
damages because or "property damage" to any
one premises is the Limit shown in the
Declarations or $500,000, whichever is greater.
3. MEDICAL PAYMENTS
A. Section III - Limits of Insuranc.90 Paragraph
7. is replaced by the following
7. Subject to Paragraph 5. above the Medical
Expense Limit is the most we will pay
under Coverage C for all medical
expenses because of "bodily injury"
sustained by any one person.
If a limit is shown for Medical Expense in
the Declarations the most we will pay
under Coverage G for all medical
expenses because of "bodily injury"
sustained by any one person is the Limit
shown in the Declarations or $15,000,
whichever is greater.
B. This provision 5. (Medical Payments) does not
apply if Section I - Coverage C Medical
Payments is excluded either by the provisions
of the Coverage Part or by endorsement.
C. Paragraph I.a.(3)(b) of Section I - Coverage
C - Medical Payments, is replaced by the
following:
(b) The expenses are incurred
and reported to us within
three years of the date of the
accident; and
4. NON -OWNED WATERCRAFT
A. If endorsement CC 21 09, CG 21 10, CG 24
603 or CG 24 51 is attached to the policy,
Paragraph A. 2. 9. (2) (b) is replaced by the
following:
(b) A watercraft that you do not
own that is:
(1) Less than 50 feet long:
and
(11) Not being used to carry
persons or property for a
charge.
Page 4 of 7
B. If Paragraph A. does not apply, Paragraph g.
(2) of 2. EXCLUSION under SECTION I -
COVERAGES, COVERAGE A - BODILY
INJURY AND PROPERTY DAMAGE
LIABILITY is replaced by the following:
(2) A watercraft that you do not own
that is:
(a) Less than 60 feet long; and
(b) Not being used to carry
persons or property for a
charge.
5. SUPPLEMENTARY PAYMENTS
A. Under Section I - Supplementary Payments
- Coverage A and 13, Paragraph I.b., the limit
of $250 shown for the cost of bail bonds is
replaced by $10,000;
B. In Paragraph I A-, the limit of $250 shown for
daily loss of earnings is replaced by $500.
6. NEWLY FORMED OR ACQUIRED
ORGANIZATIONS
Paragraph 3.a. of Section 11 - Who Is An Insured
is deleted and replaced by the following:
Coverage under this provision is afforded only until
the end of the policy period or the next anniversary
of this policy's effective date after you acquire or
form the organization, whichever is earlier.
7. LIBERALIZATION CLAUSE
If we adopt a change in our forms or rules which
would broaden coverage for contractors under this
endorsement without an additional premium
charge, your policy will automatically provide the
additional coverages as of the date the revision is
effective in your state,
8. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS - Paragraph 6. -
Representations is replaced by the following:
6, Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance
upon your representations.
The unintentional omission of, or unintentional
error in, any information you provided to us
which we relied upon in issuing this policy will
not prejudice your rights under this insurance.
However, this provision does not affect our
right to collect additional premium or to
exercise our rights of cancellation or
nonrenewal in accordance with applicable
laws and regulations.
9. NOTICE OF OCCURRENCE
The following is added to Paragraph 2. of Section
IV - Commercial General Liability Conditions -
Duties In The Event of Occurrence, Offense,
Claim or Suit:
Your rights under this Coverage Part will not be
prejudiced if you fail to give us notice of an
"occurrence", offense, claim or "suit" and that
failure is solely due to your reasonable belief that
the "bodily injury" or "property damage" is not
covered under this Coverage Part. However, you
shall give written notice of this If occurrenceti I
offense, claim or "suits' to us as soon as you are
aware that this insurance may apply to such
"occurrence", offense, claim or "suit."
10. BROAD KNOWLEDGE OF OCCURRENCE
The following is added to Paragraph 2. of Section
IV - Commercial General Liability Conditions -
Duties in The Event of Occurrence, Offense,
Claim or Suit:
You must give us or our authorized representative
notice of an "'occurrencell, offense, claim, or "suit'
only when the "occurrence', offense, claim or "suit'
is known to:
(1) You, if you are an individual;
ANIC GL 1187 08 21 Page 5 of 7
(2) A partner, if you are a partnership;
(3) An executive officer or the
employee designated by you to
give such notice, if you are a
corporation; or
(4) A manager, if you are a limited
liability company.
111. EXPANDED BODILY INJURY
Section V - Definitions, the definition of "bodily
injury" is changed to read:
"Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death,
humiliation, shock, mental anguish or mental injury
by that person at any time which results as a
consequence of the bodily injury, sickness or
disease.
12. EXPECTED OR INTENDED INJURY
Exclusion a. of Section I - Coverage A . Bodily
Injury and Property Damage Liability is replaced
by the following:
a. "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.
13. BLANKET WAIVER OF SUBROGATION
The Transfer Of Rights Of Recovery Against
Others To Us Condition (Section IV -
Com mercial General Liability Conditions) is
amended by the addition of the following:
We waive any right of recovery against any person
or organization, because of any payment we make
underthis. Coverage Part, to whom the insured has
waived its right of recovery in a written contract or
agreement. Such waiver by us applies only to the
extent that the insured has waived its right of
recovery against such person or organization prior
to loss.
ANIC GL 1187 08 21
14. IN REM ACTIONS
Any action in rem against any vessel owned,
operated by or for, or chartered by or for you will
be treated in the same manner as though the
action were in personam against you.
16. VOLUNTARY PROPERTY DAMAGE
The following is added, Section I - Coverage .
Bodily Injury and Property Damage Liability I.,
Insuring Agreement:
We will pay, at your request, for "property
damage" to property of others while in the care,
custody or control of an insured, arising out of
your business operations away from your insured
premises for which this policy is written and
occurring during the policy period.
However, the "Property damage" must be the
result of unintentional damage or destruction but
does not include disappearance, theft, or loss of
use.
You agree with us that we shall have no duty to
defend any claims and/or "suits" for which the
only coverage provided is under this coverage
extension,
For the purpose of this coverage only, Section I -
Coverage A - Bodily Injury and Property
Damage Liability 20 Exclusions J. (4.) is
deleted.
As respects coverage afforded under Voluntary
Property Damage, the following Is added to
Section III - Limits of Insurance:
Regardless of the number of insureds, claims or
"suits" brought, or persons or organizations
making claims or bringing "suits":
Subject to 2. Below, the most we will pay for
"property damage" amage" arising from any one
occurrence arising out of property damage
to property of others caused by you and while
in your care, custody or control is $6,000.
Page 6 of 7
2. The most we will pay for the sum of all
"property damage" in an annual policy period
is -,$10,000. This amount is part of and not in
addition to the General Aggregate Limit
described in Paragraph 2. of Section III -
Limits of Insurance.
This endorsement changes the policy► to which it is attached and, unless otherwise stated, is effective on the date
issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is
required only when this endorsement is issued subsequent to commencement of the policy.
Endorsement Effective
Insured
Countersigned By
Policy No.
Endorsement No.
Includes copyrighted material of Insurance Services Office, Inc., with its permission
ANIC GL 1187 08 21 Page 7 of 7
DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction Project(s):
All Projects
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. For all sums which the insured becomes legally3.
Any payments made under Coverage A for
obligated to pay as damages caused by
{age
damages or under Coverage C for medical
under Section I - Coverage A, and
ex . penses shall reduce ' the Designated
for all medical expenses caused by accidents
Construction Project General Aggregate Limit
under Section I - Coverage C, which can be
for that designated constructionproject. Such
attributed only to ongoing operations at a single
payments shall not reduce the General
designatedconstruction project shown in the
Aggregate Limit shown in the Declarations nor
Schedule above,
shall they reduce any other Designated
1. A separate Designated Construction Project
0 j
Construction Pr ect General Aggregate Limit
General Aggregate Limit applies to each
for any other designated construction project
designated construction project, and that limit
shown in the Schedule above.
is equal to the amount of the General
4. The limits shown in the Declarations for Each
Aggregate Limit shown in the Declarations,
Occurrence, Damage To Premises Rented To
2. The Designated Construction Project General
You and Medical Expense continue to apply,
Aggregate Limit is the most we will pay for the
However, instead of being subject to the
sum of all damages under Coverage A, except
General Aggregate Limit shown in the
damages because of "bodily injury" or
Declarations, such limits will be subject to the
'"property damage" included in the "Products-
applicable Designated Construction Project
completed operations hazard", and for medical
General Aggregate Limit,
expenses under Coverage C regardless of the
number of;
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
CG 25 03 05 09 Page 1 of 2
B. For all sums which the 'Insured becomes legally C. When coverage for liability arising out of the
obligated to pay as damages caused by "products -completed operations hazard" is
"occurrences" under Section I - Coverage A, and provided, any payments for damages because of
for all medical expenses caused by accidents ''bodily injury" or "property damage" included in the
under Section I - Coverage C, which cannot be "'products -completed operations hazard" will
attributed only to ongoing operations at a single reduce the Products -completed Operations
designated construction project shown in the Aggregate Limit, and not reduce the General
Schedule above; Aggregate Limit nor the Designated Construction
1. Any payments made under Coverage A for Project General Aggregate Limit.
damages or under Coverage C for medical D. If the applicable designated construction project
expenses shall reduce the amount available has been abandoned, delayed, or abandoned and
under the General Aggregate Limit or the then restarted, or if the authorized contracting
Products -completed Operations Aggregate parties deviate from plans, blueprints, designs,
Limit, whichever is applicable; and specifications or timetables, the project will still be
2. Such payments shall not reduce any deemed to be the same construction project.
Designated Construction Project General E. The provisions of Section Ill.- Limits Of Insurance
Aggregate Limit. not otherwise modified by this endorsement shall
continue to apply as stipulated.
This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date
issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is
required only when this endorsement is issued subsequent to commencement of the policy,
Endorsement Effective
Insured
Countersigned By
0 Insurance Services Office, Inc., 2008
Policy No.
Endorsement No.
CG 25 03 05 09 Page 2 of 2
aNational
Alask
hY INSUIRANCIE COMPANY
BUSINESS AUTO COVERAGE ENHANCEMENT 4NDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
i
Various provisions n this endorsement restrict SECTION IV Business Auto Conditions
coverage, Read the entire policy carefully to Paragraph A. 60 Transfer of Rights of Recovery
determine rights, duties, and what is and is not Against Others To Us is amended to include,
covered.
Throughout this policy, the words "YOU" and "your"
refer to the Named Insured shown in the
Declarations. The words" we it I '`us", and "our" refer to
the company providing this insurance.
I
Other words and phrases that appear in quotation
marks have special meaning. Refer to SECTION V -
DEFINITIONS in the Business Auto Coverage Form,
The coverages provided by this endorsement apply
per "accident" and, unless otherwise specified, are
subject to all of the terms, conditions, exclusions and
deductible provisions of the policy, to which it is
attached.
SECTION 11 - COVERED AUTO LIABILITY
COVERAGE, Paragraph A,1, Who Is An Insured is
amended to include:
d. Any "employee" of yours while operating
an Itauto" hired or rented under a
contract or agreement in an "employee's"
name, with your permission, while
performing duties related to the conduct
of your business.
e. Any person or organization for whom you
have agreed in. writing to provide
insurance such as is afforded by this
Coverage Form, but only with respect to
liability arising out of the ownership,
maintenance or use of "autos" covered by
this policy. If such person or organization
has other insurance then this insurance is
primary to and we will not seek
contribution from the other insurance.
5. Transfer of -Rights of Recovery Against
Others to Us
This condition does not apply to any
person(s) or organization(s) to the extent that
subrogation against that person or
organization is waived prior to the "accident"
or the "loss" under a contract with that person
or organization.
SECTION 11 - COVERED AUTO LIABILITY
COVERAGE, Paragraph A. .a. (2) - Supplementary
Payments is replaced by the following,
(2) Up to $10,000 for cost of bail bonds
(including bonds for related traffic law
violations) required because of an
t1accident 11 we cover. We do not have
to furnish these bonds.
SECTION 11 - COVERED AUTO LIABILITY
COVERAGE, Paragraph A. .a. (4) - Supplementary
Payments is replaced by the following:
(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,
ANIC CA 1150 10 13 Page 1 of 4
SECTION 11 . COVERED AUTO LIABILITY
COVERAGE, Paragraph A.2.c. - Voluntary Property
Damage is added as follows:
c. Voluntary Property Damage
At your written request, we may make a
voluntary payment for Property Damage
caused by an "insured", but without
liability to a third party, up to $26,000. We
will not make a Voluntary Property
Damage payment to anyone who is an
"insured" under this policy.
SECTION III - PHYSICAL DAMAGE COVERAGE,
Paragraph A.2. - Towing is replaced by the following:
Towing
We will pay up to $500 for towing and labor
costs incurred each time a covered "auto"
that is a:
c. "Loss" caused by falling objects or
missiles.
However, you have the option of having glass
breakage caused by a covered "auto's"
collision or overturn considered a "loss" under
Collision Coverage.
Glass Repair- Waiver of Deductible
No deductible applies to glass breakage, if
the glass is repaired rather than replaced.
SECTION III - PHYSICAL DAMAGE COVERAGE,
Paragrap.h AA.a. - Trans portatillon Expenses is
replaced by the following: I
a. Transportation Expenses
We will pay up to $200 per day to a
maximum of $1,500 for temporary
transportation expense incurred by you
because of the total theft of a covered
"auto" that is a:
a. Private passenger;
(1) Private passenger;
b. Tru ck;
(2) Truck;
c. Pick-up truck;
(3) Pick-up truck;
d. Panel; or
(4) Panel; 'or
e. Van
(5) 'Van
type vehicle under 20,000 lbs. of Gross
Vehicle Weight is disabled. However, the
type vehicle under 20,000 lbs. of Gross
labor must be performed at place of
Vehicle Weight, We will pay only for
disablement. .
those covered "autos" for which you carry
SECTION III - PHYSICAL DAMAGE COVERAGE,
either Comprehensive or Specified
Causes of Loss Coverage. We will pay
Paragraph A.3. - Glass Breakage - Hitting a Bird
for temporary transportation expenses
or Animal - Failing Objects or Missiles is replaced
incurred during the period beginning 48
by the following:
hours after the theft and ending,
Glass Breakage., Hiffing a Bird or Animal
regardless of the B policy's expiration,
when the covered auto" is returned to
Falling Objects or Missiles
use or we pay for its "loss
If you carry Comprehensive Coverage for the
damaged covered "auto", we will pay the
following under Comprehensive Coverage:
a. Glass Breakage;
b. "Loss" caused by hitting a bird or animal;
and
ANIC CA 1150 10 13 Page 2 of 4
SECTION III - PHYSICAL DAMAGE COVERAGE,
Paragraph AA.b. - Loss of Use Expenses is
replaced by the following:
b. Loss of Use Expenses - Hired, Rented,
or Borrowed Automobiles
We will pay expenses for which an
"insured" becomes legally responsible to
pay for loss of use of a vehicle hired,
rented or borrowed without a driver under
a written rental contract or agreement.
We will pay for loss of use expenses, if
caused by.,
(1) Other than Collision, only if the
Declarations indicate that
Comprehensive Coverage is provided
for the vehicle withdrawn from
service.
(2) Specified Causes of Loss only if the
Declarations indicate that Specified
Causes of Loss Coverage is provided
for the vehicle withdrawn from
i
service.
(3) Collision only if the Declarations
indicate that Collision Coverage is
provided for the vehicle withdrawn
from service.
However, the most we will pay for any
expenses for loss, of use is $200 per day, to a
maximurn of $1,500.
SECTION III - PHYSICAL DAMAGE COVERAGE,
Paragraph AA.c. - Non -Transportation Lossof Iso
Expenses is added as follows:
c. Non -Transportation Loss of Use
Expenses
We will pay up to $2,000 for non -
transportation expense incurred by you,
Because of "loss" to a covered "auto", if
caused by:
(1) Other than Collision, only if the
Declarations indicate that
Comprehensive Coverage is provided
for the "auto" withdrawn from service;
(2) Specified Causes of Loss only if the
Declarations indicate that Specified
Causes of Loss Coverage is provided
for the "auto" withdrawn from service;
or
(3) Collision only if the Declarations
indicate that Collision Coverage is
provided for the "auto" withdrawn
from service,
SECTION III - PHYSICAL DAMAGE COVERAGE,
Paragraph AAA. - Alrbag Coverage is added as
follows'.
d. Airbag Coverage
We will pay for the cost to repair, replace,
or reset an airbag that inflates for any
reason other than as a result of a
collision, if the Declarations indicate that
the covered "auto" has Comprehensive
Coverage or Specified Causes of Loss
Coverage.
SECTION III - PHYSICAL DAMAGE COVERAGE,
Paragraph AA.e. - Rental Reimbursement
Coverage is added as follows:
e. Rental Reimbursement Coverage
We will pay up to $76 per day for rental
reimbursement expenses incurred by you
for the rental of an "auto" because of
"loss" to a covered "auto" that is a:
(1) Private Passenger;
(2) Truck;
(3) Pick-up truck;
(4) Panel; or
(6) Van
type vehicle under 20,000 lbs. of Gross
Vehicle Weight. Payment applies in
addition to the otherwise applicable
amount of each coverage you have on a
covered "auto". No deductibles apply to
this coverage.
ANIC CA 1160 10 13 Page 3 of 4
(1) We will pay only for those expenses
incurred during the policy period
beginning 24 hours after the "loss"
and ending, regardless of the policy's
expiration, with the lesser of the
following number of days:
(a) The number of days reasonably
required to repair or replace the
I
covered "auto'.
(b) 30 days.
(2) This coverage does not apply while
there are spare or reserve "autos"
available to you for your operations.
(3) The Rental Reimbursement
Coverage described above does not
apply to a covered "auto" that is
described or designated as a covered
A(auto" on Rental Reimbursement
Coverage Form CA 99 23.
SECTION IV - BUSINESS AUTO CONDITIONS -
Paragraph B.Z. - Concealment, Misrepresentation Or
Fraud is amended by adding Unintentional Failure
to Disclose Hazards ;At the end* of Paragraph 13.2. as
follows:
Unintentional Failure to Disclose Hazards
If you unintentionally fail to disclose any
hazards existing at the inception date of your
policy, we will not deny coverage under this
Coverage Form because of such failure.
However, this provision does not affect our
right to collect additional premium or exercise
our. right of cancellation or non -renewal.
SECTION IV - BUSINESS AUTO CONDITIONS -
Paragraph 13.5.b. - Other Insurance is replaced by
the following:
b. For Hired Auto Physical Damage
Coverage, the fallowing are deemed to
be covered "autos'$ you own:
(1) Any covered "auto" you lease, hire,
rent, or borrow; and
(2) Any covered "auto"" hired or rented
by your "employee" under a contract
in that individual "employee's" name,
with your permission, while
performing duties related to the
conduct of your business.
However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".
SECTION V , DEFINITIONS - Paragraph C. -
"Bodily injury" is replaced by the following:
C. "Bodily injury" means bodily injury, sickness or
disease sustained by a person Including death or
mental anguish resulting from any of these.
Mental anguish means any type of mental or
emotional illness or disease
This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date
issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is
required only when this endorsement is issued subsequent to commencement of the policy.
Endorsement Effective
Insured
Countersigned By _
Policy No,
@ Insurance Services Office, Inc., 2009
Endorsement No.
ANIC CA 1150 10 13 Page 4 of 4
AlaskaNational
tNSUAANCE COMPANY
COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM
Various provisions in this policy restrict coverage. Read
the entire policy carefully to determine rights, duties
and what is and is not covered.
Throughout this policy the words "you" and "your`" refer
to the Named Insured shown in the Declarations, and b.
any other person or organization qualifying as a
Named Insured under this policy. The words `"we"", 11usit
and "our" refer to the company providing this
insurance.
The word "insured" means any person or organization
qualifying as such under Section If — Who Is An
Insured.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V —
Definitions.
SECTION I COVERAGES
COVERAGE A BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay on behalf of the insured the
"ultimate net loss" in excess of the "retained
limit" because of "bodily injury" or "property
damage" to which this insurance applies. We will
have the right and duty to defend the insured
against any "suit" seeking damages for such
"bodily injury" or "property damage" when the
"underlying insurance'" does not provide
coverage or the limits: of "underlying insurance"
have been exhausted, When we have no duty to
defend, we will have the right to defend, or to
participate in the defense of, the insured against
any other "suit" seeking damages to which this
insurance may apply. However., we will have no
duty to defend the insured against any "Suit"
seeking damages for "bodily injury" or ""property
damage" to which this insurance does not apply.
At our discretion, we may investigate any
"occurrence" that may involve this insurance
and settle any resultant claim or "suit" for which
we have the duty to defend. But:
(1) The amount we will pay for the "ultimate net
loss" is limited as described in Section III —
Limits Of Insurance; and
(2) Our right and duty to defend ends when we
have used up the applicable limit of
insurance in the payment of judgments or
.settlements under Coverages A B.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments — Coverages A B.
This insurance applies to "bodily injury"" or
it It. i
property damage that is subject to an
applicable "retained limit", If any other limit, such
as a sublimilt, is specified in the "underlying
insurance", thi's insurance does not apply to
"bodily injury" or "property damage" arising out
of that exposure unless that limit is specified in
the Declarations under the Schedule of
"underlying insurance
c. This insurance applies to "bodily injury" and
"Property damage" only if:
(1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes place
in the "coverage territory";
(2) The "bodily injury" or "property damage"
occurs during the policy period; and
(3) Prior to the policy period, no insured listed
under Paragraph 1.a. of Section 11 — Who Is
An Insured and no ""employee"" authorized by
you to give or receive notice of an
""occurrence"" or claim, knew that the "bodily
injury" or "property damage" had occurred, in
whole or in part. If such a listed insured or
authorized "employee" knew, prior to the
policy period, that the "bodily injury" or
1"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.
d. "Bodily injury" or "property damage" which
occurs during the policy period and was not,
prior to the policy period, known to have
occurred by any insured listed under Paragraph
I.a. of Section 11 — 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.
CU 00 01 04 13 Page 1 of 19
e. "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 I a. of Section 11 - Who Is An
Insured or any "employee" authorized by you to
give or receive notice of an "occurrence" or
claim:
(1) Reports all, or any part, of the "bodily injury"
or "property damage" to us or any other
insurer;
(2) Receives a written or verbal demand or claim
for damages because of the "bodily injury" or
"property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
f. Damages because of "bodily 'Injury" include
damages claimed by any person or organization
for care, loss of services or death resulting at
any time from the "bodily injury".
2. Exclusions
This insurance does not apply to:
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"
resulting from the use of reasonable force to
protect persons or property,
b. Contractual Liability
"Bodily injury" or "property damage" for which
the insured is obligated to pay damages by
reason of the assumption of liability In a contract
or agreement. This exclusion does not apply to
liability for damages:
(1) That the insured would have in the absence
of the contract or agreement; or
(2) Assumed in a contract or agreement that is
an "insured contract", provided the "bodily
injuryll or "property damage" occurs
subsequent to the execution of the contract
or agreement. Solely for the purposes of
liability assumed In an "Insured contract",
reasonable attorneys' fees and necessary
litigation expenses incurred by or for a party
other than an insured are deemed to be
damages because of "bodily injury" or
"property damage", provided:
Liability to such party for, or for the cost
of, that party's defense has also been
assumed in the same "insured contract";
and
(b) Such attorneys' . fees and litigation
expenses are for defense of that party
against a civil or alternative dispute
resolution proceeding in which damages
to which this insurance applies are
alleged.
a. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of
any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or under
the influence of alcohol; or
(3) Any statute, ordinance or regulation relating'
to the sale, gift, distribution or use of
alcoholic beverages.
This exclusion applies even if the claims against
any insured allege negligence or ' other
wrongdoing in:
(a) Thesupervision, hiring, employment,
training or monitoring of others by that
insured; or
(b) 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
injuryll or "property damage" involved that which
is described in Paragraph (1), (2) (3) above.
However, this exclusion applies only if you are in
the business of manufacturing, distributing,
selling, serving or furnishing - alcoholic
beverages. For the purposes of this exclusion,
permitting a person to bring alcoholic beverages
on your premises, for consumption on your
prem ises, whether or not a fee is charged or a
license is required for such activity, is not by
itself considered the business of selling, serving
or furnishing alcoholic beverages.
This exclusion does not apply to -the extent that
valid "underlying insurance" for the liquor liability
risks described above exists or would have
existed but for -the exhaustion of underlying
limits for "bodily injury' and "property damage".
To the extent this exclusion does not apply, the
insurance provided under this Coverage Part for
the liquor liability risks described above will
follow the same provisions, exclusions and
limitations that are contained in the applicable
"underlying insurance", unless otherwise
directed by this insurance,
CU 00 91 04 13 Page 2 of 19
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any similar
law.
e. ERISA
Any obligation of the insured under the
Employee Retirement Income Security Act of
1974 (ERISA), and any amendments thereto or
any similar federal, state or local statute.
f. Auto Coverages
(1) "Bodily injuryll or "property damage" arising
out of the ownership, maintenance or use of
any "auto" which is not a "covered auto"; or
(2) Any loss, cost or expense payable under or
resulting from any first -party physical
damage coverage; no-fault law; personal
injury protection or -auto medical payments
coverage; or uninsured or underinsured
motorist law.
g.. Employer's Liability
"Bodily injury" to,.
(1) An "employee" of the insured arising out of
and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct
of the insured's business: or
(2) The spouse, child, parent, brother or sister of
that "employee" as a con -sequence of
Paragraph (1) above.
This exclusion applies whether the insured may
be liable as an employer or in any other
capacity, and to any obligation to share
damages with or repay someone else who must
pay damages because of the injury.
This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
With respect to injury arising out of a "covered
auto", this exclusion does not apply to "bodily
injury" to domestic "employees" not entitled to
workers' compensation benefits. For the
purposes of this insurance, a domestic
"employee" is a person engaged in household or
domestic work performed principally in
connection with a residence premises.
CU 00 01 04 13
This exclusion does not apply to the extent that
valid "underlying insurance" for the employer's
liability risks described above exists or would
have existed but for the exhaustion of underlying
limits for "bodily injury". To the extent this
exclusion does not apply, the insurance
provided under this Coverage Part for the
employer's liability risks described above will
follow the same provisions, exclusions and
limitations that are contained in the applicable
"underlying insurance", unless otherwise
directed by this insurance.
h. Employment-related Practices
"Bodily injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person-,
(b) Termination of that person's employment;
or
(C) Employment-related practices, policies,
acts or omissions, such as coercion,
demotion, evaluation, reassignment,
discipline, defamation, harassment,
humiliation, discrimination or malicious
prosecution directed at that person; or
(2) The spo ' use, child, parent, brother or sister of
that person as a consequence of "bodily
injury" to that person at whom any of the
employment-related practices described in
Paragraph (a), (b)t (c) above is directed.
Thisexclusion appli6s whether the injury -
causing event described in Para ra h
(a) b)or
.
above occurs before employment, un ng
employment or after employment of that person.
This exclusion applies whether the insured may
be liable as an employer or in any other
capacity, and to any obligation to share.
damages with or repay someone else who must
pay damages because of the injury.
1. Pollution
"Bodily injury" or "property damage" which
would not have occurred in whole or part but
for the actual, alleged or threatened
discharge, dispersal, seepage, migration,
release or escape of "Pollutants" at any time;
or
(2) 'Pollution cost or expense".
Page 3 of 19
This exclusion does not apply if valid "underlying
insurance" for the pollution liability risks
described above exists or would have existed
but for the exhaustion of underlying limits for
"bodily injury" and "property damage". To the
extent this exclusion does not apply, the
insurance provided under this Coverage Part for
the pollution risks described above will follow the
same provisions, exclusions and limitations that
are contained in the applicable "underlying
insurance", unless otherwise directed by this
insurance.
j. Aircraft Or Watercraft
"Bodily injury" or "property damage" arising out
of the ownership, maintenance, use or
entrustment to others of any aircraft or
watercraft owned or operated -by or rented or
loaned to any insured. Use includes operation
and "loading or unloading".
This exclusion applies even n if the claims against
any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the "occurrence" which caused
the "bodily injury" or "property damage" involved
the ownership, maintenance, use or entrustment
to others of any aircraft or watercraft that is
owned or operated by or rented or loaned to any
insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) Less than 50 feet long; and
(b) Not being used to carry persons or
property for a charge;
(3) Liability assumed under any "insured
contract" for the ownership, maintenance or
use of aircraft or watercraft;
(4) The extent that valid "underlying insurance"
for the aircraft or watercraft liability risks
described above exists or would have
existed but for the exhaustion of underlying
limits for "bodily injury" or "property damage",
To the extent this exclusion does not apply,
the insurance provided under this Coverage
Part for the aircraft or watercraft risks
described above will follow the same
provisions, exclusions and limitations that
are contained in the "underlying insurance",
unless otherwise directed by this insurance;
or
(5) Aircraft that is:
(a) Chartered by, loaned to, or hired by you
with a paid crew; and
(b) Not owned by any insured.
k. Racing Activities
"Bodily injury" or "property damage" arising out
of the use of "mobile equipment" or "autos" in, or
while in practice for, or while being prepared for,
any prearranged professional or organized
racing, speed, demolition, or stunting activity or
contest.
I. War
"Bodily injury" or "property damage", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) 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
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
m. Damage To Property
"Property damage" to:
(1) Property:
(a) 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; or
(b) Owned or transported by the insured and
arising out of the ownership, maintenance
or use of a "covered auto".
(2) Premises you sell, give away or abandon, if
the "property damage" arises out of any part
of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody or
control of the insured;
(5) That particular part of real property on which
you or any contractors or subcontractors
working directly or indirectly on your behalf
are performing operations, if the "property
damage" arises out of those operations; or
CU 00 01 04 13 Page 4 of 13
(6) That particular part of any property that must
be restored, repaired or replaced because
"Your work" was incorrectly performed on it.
Paragraph (2) of this exclusion does not apply if
the premises are "your work" and were never
occupied, rented or held for rental by you.
Paragraphs
exclusion do no apply to liability' assumed under
a sidetrack agreement.
Paragraph J3) (4) of this exclusion do not
1i
apply to ity assum'e'd under a written Trailer
Interchange agreement,
Paragraph (6) of this exclusion does not apply to
"property damage" included in the "products -
completed operations hazard".
n. Damage To Your Product
."Property damage" to "your product" arising out
of it or any part of it,
o. 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.
p. Damage To Impaired Property Or Property
Not Physically Injured
"Property damage" to "Impaired property" or
property that has not been physically injured,
arising out of,
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product" or
11your work"; or
(2) A delay or failure by you or anyone acting on
your behalf to perform a contract or
agreement in accordance with its terms.
This exclusion does not apply to the loss of use
of other property arising out of sudden and
accidental physical injury to "your product" or
"your work" after it has been put to its intended
use.
(3) "Impaired propertyll.
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.
r. Personal And Advertising Injury
"Bodily injury" arising out of "personal and
advertising injury"
s. Professional services
"Bodily injury" or. "property damage" due to
rendering of or failure to render any professional
service. This includes but is not limited to:
(1) Legal, accounting or advertising services;
(2) Preparing, approving, or failing to prepare or
approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders
or drawings or specifications;
(3) Inspection, supervision, quality control,
architectural or engineering activities done
by or for you on a project on which you serve
as construction manager;
(4) Engineering services, including related
supervisory or -inspection services;
(5) Medical, surgical, dental, X-ray or nursing
h
services treatment, advice or instruction;
(6) Any health or therapeutic service treatment,
advice or instruction;
(7) Any service, treatment, advice or instruction
for the purpose of appearance or skin
enhancement, hair removal or replacement,
or personal grooming or therapy;
(8) Any service, treatment, advice or instruction
relating to physical fitness, including service,
treatment, advice or instruction in connection
with diet, cardiovascular fitness, bodybuilding
or physical training programs;
(9) Optometry or optical or hearing aid services
including the prescribing, preparation, fitting,
demonstration or distribution of ophthalmic
lenses and similar products or hearing aid
devices;
q,. Recall Of Products, Work Or Impaired (1 o) Body piercing services;
Property (11) Services in the practice of pharmacy;
Damages claimed for any loss, cost or expense 0
incurred by you or others for the loss of use, (12) Law enforcement or firefighting services; and
withdrawal, recall, inspection, repair, (13) Handling, embalming, disposal, burial,
replacement, adjustment, removal or disposal cremation or disinterment of dead bodies.
of:
(1) "Your product";
(2) "Your work"; or
CU 000'10413 Page 6 of 19
This exclusion applies even if the claims against
any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the "occurrence" which caused
the "bodily injury" or "property damage",
involved the rendering of or failure to render any
professional service.
t. Electronic Data
Damages arising out of the loss of, loss of use
of, damage to, corruption of, inability to access
or inability to manipulate electronic data,
However, this exclusion does not apply to
liability for damages because of "bodily injury".
As used in this exclusion, electronic data means
information, facts or programs stored as or on,
created or used on, or transmitted to or from
computer software, including systems and
applications software, hard or floppy disks, CD-
ROMs, tapes, drives, cells, data processing
devices or any other media which are used with
electronically controlled equipment.
This exclusion does not apply if valid "underlying
insurance" for the electronic data risks described
above exists or would have existed but for the
exhaustion of underlying limits for "bodily injury"'
and "property damage"'. The insurance provided
under this Coverage Part will follow the same
provisions, exclusions and limitations that are
contained in the applicable "underlying
insurance", ' unless otherwise directed by this
insurance.
u. Recording And Distribution Of Material Or
Information In Violation Of Law
"Bodily injury" or "property damage" arising
directly or indirectly out of. any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN -SPAM Act of 2003, including any
amendment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transactions Act (FACTA); or
(4) Any federal, state or local statute, ordinance
or regulation, other than the TCPA, CAN -
SPAM Act of 2003 or FORA and their
amendments and additions, that addresses,
prohibits, or limits the printing, dissemination,
disposal, collecting, recording, sending,
transmitting, communicating or distribution of
material or information.
COVERAGE B PERSONAL AND ADVERTISING
INJURY LIABILITY
1. Insuring Agreement
a, We will pay on behalf of the insured the
"ultimate net loss" in excess of the "retained
limit" because of "personal and advertising
injury" to which this insurance applies. We will
have the right and duty to defend the insured
against any "suit" seeking damages for such
"personal and advertising injury" when the
"underlying insurancell does not provide
coverage or the limits of "underlying insurance"
have been exhausted. When we have no duty to
defend, we will have the right to defend, or to
participate in the defense of, the insured against
any other "suit" seeking damages to which this
insurance may apply. However, we will have no
duty to defend the insured against any ,suit",
seeking damages for "personal and advertising
injury" to which this insurance does not apply. At
our discretion, we may investigate any offense
that may involve this insurance and settle any
resultant claim or "suit" for which we have the
duty to defend. But:
The -amount we will pay for the "ultimate net
loss" is limited as described in Section III —
Limits Of Insurance, and
(2) Our right and duty to defend end when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A B.
No other obligation or liability to pay sums or
perform . acts or services is covered unless
explicitly provided for under Supplementary
Payments — Coverages A B.
b. This insurance applies to "personal and
advertising injury" that is subject to an applicable
"retained limit". If any other limit, such as a
sublimit, is specified in the "underlying
insurance", this insurance does not apply to
"personal and advertising injury" arising out of
that exposure unless that limit is specified in the
Declarations under the Schedule of "underlying
insurance".
c. This insurance applies to "personal and
advertising injury" caused by an offense arising
out of your business but only if the offense was
committed in the "coverage territory' during the
policy period.
CU 00 0104 13 Page 6 of 19
2. Exclusions
This insurance does not apply to:
a. "Personal and advertising Injury":
(1) Knowing Violation Of Rights Of Another
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",
(2) Material Published With Knowledge Of
Falsity
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.
(3) Material Published Prior To Policy Period
Arising out of oral or written publication, in
any manner, of material whose first
publication took place before' the beginning
of the policy period.
(4) Criminal Acts
Arising out of a criminal act committed by or
at the direction of the insured.
(5) Contractual Liability
For which the insured has assumed liability
in a contract or agreement. This exclusion
does not apply to:
(a) Liability for damages that the insured
would have in the absence of the contract
or agreement.
(b) Liability for false arrest, detention or
imprisonment assumed in a contract or
agreement.
(6) Breach Of Contract
Arising out of a breach of contract, except an
implied contract to use another's advertising
idea in your "advert isem en C'.
(7) Quality Or Performance Of Goods -
Failure To Conform To Statements
Arising out of the failure of goods, products
or services to conform with any statement of
quality or performance made in your
11 1
advertisement'.
(8) Wrong Description of Prices
Arising out of the wrong description of the
price of goods, products or services stated in
your "advertisement".
CU 00 0104 13
(9) Infringement Of Copyright, Patent,
Trademark fir Trade Secret
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", Of
copyright, trade dress or slogan.
(10) Insureds In Media And Internet Type
Businesses
Committed by an insured whose business is:
{a) Advertising, broadcasting, publishing or
telecasting;
(b) Designing or determining content of web
sites for others; or
(C) An Internet search, access, content or
service provider.
However, this exclusion does not apply to
Paragraphs 14,a., b. c. of "personal and
advertising injury" under the Definitions
section.
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, broadcasting,
publishing or telecasting.
(11) Electronic Chatrooms Or Bulletin Boards
Arising out of an electronic chatroom or
bulletin board the insured hosts, owns, or
over which the insured exercises control.
('I 2) Unauthorized Use Of Another's Name Or
Product
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,
(1 3} Pollution,
Arising out of the actual, alleged or
threatened discharge, dispersal, seepage,
migration, release or escape of "pollutants"
at any time.
Page 7 of 19
(14) Employ ment-itollated Practices
To:
(a) A person arising out of any:
(i) Refusal to employ that person;
(ii) Termination of that person's
employment; or
(iii) Employment-related practices,
policies,. acts or omissions, such as
coercion, demotion, evaluation,
reassignment, discipline, defamation,
harassment, humiliation,
discrimination or malicious
prosecution directed at that person; or
(b) The spouse, child, parent, brother or
sister of that person as a consequence of
"personal and advertising injury" to that
person at whom any of the employment-
related practices described in Paragraph
(i}, (ii} (iii) above is directed.
This exclusion applies whether the injury -
causing event described in Paragraph (i), (ii)
or (iii) above occurs before employment,
during employment or after employment of
that person.
This exclusion applies whether the insured
may be liable as an employer or in any other
capacity, and to any obligation to share
damages with or repay someone else who
must pay damages because of the injury.
(1 6) Professional Services
Arising out, of the rendering of or failure to
render any professional service. This
includes but is not limited to:
(a) Legal, accounting or advertising services;
(b) Preparing, approving, or failing to prepare
or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings or
specifications;
(C) Inspection, supervision, quality control,
architectural or engineering activities
done by or for you on a project on which
you serve as construction manager;
(d) Engineering services, including related
supervisory or inspection services,
(e) Medical, surgical, dental, X-ray or nursing
services treatment, advice or instruction;
Any health or therapeutic service
treatment, advice or instruction;
(9) Any service, treatment, advice or
instruction for the purpose of appearance
or skin enhancement, hair removal or
replacement, or personal grooming or
therapy;
(h) Any service, treatment, advice or
instruction relating to physical fitness,
including service, treatment, advice or
instruction in connection with diet)
cardiovascular fitness, bodybuilding or
physical training programs;
(i) Optometry or optical or hearing aid
services including the prescribing,
preparation, fitting, demonstration or
distribution of ophthalmic lenses and
similar products or hearing aid devices;
(i) Body piercing services;
(k) Services in the practice of pharmacy;
Law enforcement or firefighting services;
and
Handling, embalming, disposal, burial,
cremation or disinterment of dead bodies,
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 offense which caused
the personal and advertising injury",
involved the rendering of or failure to render
any professional service.
(16) War
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.
CU 00 01 04 13 Page 8 of 19
(17) Recording And Distribution Of Material Or
Information In Violation Of Law
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 (FORA),
and any amendment of or addition to 2
such law, including the Fair and Accurate.
Credit Transactions Act (FACTA); or
(d) Any federal, state or local statute,
ordinance or regulation, other than the
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 distribution of material
or information.
b., "Pollution cost or expense".
SUPPLEMENTARY PAYMENTS COVERAGES A
AND B
1. We will pay, with respect to any claim we
investigate or settle, or any "suit" against an insured
we defend, when the duty to defend exists:
a. All expenses we incur. .
b. Up to $2,000 for cost of bail bonds (including
bonds for related traffic law violations) required
because of an "occurrence" we cover. We do
not have to furnish these bonds.
c. The cost of bonds to release attachments, but
only for bond amounts within the applicable limit
of insurance. We do not have to furnish these
bonds.
d. All reasonable expenses incurred by the insured
at our request to assist us in the investigation or
defense of the claim or "suit", including actual
loss of earnings up to $250 a day because of
time off from work.
e. All court costs taxed against the insured in the
'"suit". However, these payments do not include
attorneys' fees or attorneys' expenses taxed
against the insured.
f. Prejudgment interest awarded against the
insured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.
gy All interest on the full amount of any judgment
that accrues after entry of the judgment and
before we have paid, offered to pay, or
deposited in court the part of the judgment that
is within the applicable limit of insurance.
These payments will not reduce the limits of
insurance,
When we have the right but not the duty to defend
the insured and elect to participate in the defense'
we will pay our own expenses but will not contribute
to the expenses of the insured or the "underlying
insurer".
3. If we defend an insured against a "suit" and an
indemnitee of the insured is also named as a party
to the "suit", we will defend that indemnitee if all of
the following conditions are met:
a. The "suit" against the indemnitee seeks
damages for which the insured has assumed the
liability of the indemnitee in a contract or
agreement that is an "insured contract";
b. This insurance applies to such liability assumed
by the insured;
c. The obligation to defend, or the cost of the
defense of, that indemnitee, has also been
assumed by the insured in the same "Insured
contract", -
I
d. The allegations in the "suit" and the information
we know about the "occurrence" are such that
no conflict appears to exist between the
interests of the insured and the interests of the
indemnitee;
o. The indemnitee and the insured ask us to
conduct and control the defense of that
indemnitee against such "suit" and agree that
we can assign the same counsel to defend the
insured and the indemnitee; and
CU 00 01 04 13. Page 9 of 19
f. The indemnitee:
(1) Agrees in writing to:
,(a) Cooperate with us in the investigc-Mion,
settlement or defense of the "suit";
(b) Immediately send us copies of any
demands, 'notices, summonses or legal
papers received in connection with the
„suit";
(C) Notify any other insurer whose coverage
is avai I ab le to the Indemnitee; and
(d) Cooperate with us with respect to
coordinating other applicable insurance
available to the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information
related to the "suit"; and
i(b) Conduct and control the defense of the
% If inderrinitee in such "suit".
So long as the above conditions are met, attorneys'
fees incurred by us in the defense of that
indemnitee, necessary litigation expenses incurred
by us and necessary litigation expenses incurred by
the indemnitee at our request will be paid as
Supplementary Payments. Notwithstanding the
provisions of Paragraph 2.b.(2) of Section I —
Coverage A — Bodily Injury And Property Damage
Liability, such payments will not be deemed to be
damages for "bodily injury" and "property damage"
and will not reduce the limits of insurance.
Our obligation to defend an insured's indemnitee
and to pay for attorneys' fees and necessary
litigation expenses as Supplementary Payments
ends when we have used up the applicable limit of
insurance in the payment of judgments or
settlements or the conditions set forth above, or the
terms of the agreement described in Paragraph f.
above, are no longer met,
SECTION. 11 -WH O ISANINSURED
1. Except for liability arising out of the ownership,
maintenance or use of "covered autos":
a. If you are designated In the Declarations as:
(1) 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.
(2) A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
A I im ited * 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.
(4) 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.
(5) A trust, you are an insured. Your trustees are
also insureds, but only with respect to their
duties as trustees.
b. Each of the following is also an insured:
(1) Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you
are an organization other than a partnership,
joint venture or limited liability company) or
your managers (if you are a limited liability
company), but only for acts within the scope
of their employment by you or while
performing duties related to the conduct of
your business, However, none of these
"employees"- or "volunteer workers" are
insureds for:
(a) "Bodily injury" or "personal and
advertising injury„:
(i) To you, to your partners or members
(if you are a partnership or joint
venture), to your members (if you are
ei limited liability company), to a co -
"employee” 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;
(ii) To the spouse, child, parent, brother
or sister of that co -"employee" or
"volunteer worker" as a consequence
of Paragraph (aw) above; or
CU 00 0104 13 Page 10 of 19
For which there is any obligation to
share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraph (aw) (ii)
above.
(b) "Property damage" to property:
(i) Owned, occupied or used by;
ii 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),
(2) Any person (other than your "employee" or
11volunteer worker"), or any organization
while acting as your real estate manager,
(3) Any person or organization having proper
temporary custody of your property if you
die, but only:
With respect to liability arising out of the
maintenance or use of that property; and
(b) Until your * legal representative has been
appointed.
(4) Your legal representative if you die, but only
with respect to duties as such. That
representative will have all your rights and
duties under this Coverage Part,
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 if there is no other similar
insurance available to that organization.
However:
(1) Coverage under this provision is afforded
only until the 90th day after you acquire or
form the organization or the end of the policy
period, whichever is earlier;
(2) Coverage A does not apply to "bodily injury"
or "property damage" that occurred before
you acquired or formed the organization; and
(3) Coverage B does not apply to ""personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization.
CU 00 01 04 13
2. Only with respect to liability arising out of the
ownership, maintenance or use of "covered autos":
a. You are an insured.
b. Anyone else while using with your permission a
1"covered auto" you own, hire or borrow is also
an insured except:
(1) The owner or anyone else from whom you
hire or borrow a "covered auto". This
exception does not apply if the "covered
auto" is a trailer or semitrailer connected to a
O'covered auto" you own.
(2) Your "employee" if the "covered auto" is
owned by that "employee" or a mem ber of
his or her household.
(3) Someone using a "covered auto" while he or
sheis working in a business of selling,
servicing, repairing, parking or storing
'"autos" unless that business is yours, .
(4) Anyone other than your '"employees",
partners (if you are a partnership), members
(if you are a limited liability company), or a
lessee. or borrower or any of their
Plernployees", while moving property to or
from a "covered auto".
(6) A partner (if you are a partnership), or a
member (if you are a limited liability
company) fora " covered auto" owned by him
or her or a member of his or her household.
(6) "Employees" with respect to "bodily injury" to:
(a) Any fellow "employee" of the insured
arising out of and in the course of the
fellow "employee's" employment or while
performing duties related to the conduct
of your business; or
(b) The spouse, child, parent, brother or
sister of that fellow "employee" as a
consequence of Paragraph (a) above,
c. Anyone liable .for the conduct of an insured
described above is also an insured, but only to
the extent of that liability,
r"
Page 11 of 19
- ----------------- ------------ -
3. Any additional insured under any 'policy of
underlying insurance" will automatically be an
insured under this insurance.
Subject 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, less any
amounts payable by any "underlying insurance"
or
b. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
Additional insured coverage provided by this
insurance will not be broader than coverage
provided by the "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 shown as
a Named Insured in the Declarations.
111111111 111 lr: 111111 1 NIPPON 11 111 1
1. The Limits of Insurance shown in the Declarations
and the rules below fix the most we will pay
regardless of the number of:
a. Insureds;
b. Claims made, "Suits" brought, or number of
vehicles involved; or
c. Persons or organizations making claims or
bringing "suits".
2. The Aggregate Limit is the most we will pay for the
sum of all "ultimate net loss" under:
a. Coverage, except "ultimate net loss" because
of "bodily injury" or "property damage" arising
out of the ownership, maintenance or use of a
"'covered auto"; and
b. Coverage B.
3. Subject to Paragraph 2. above, the Each
Occurrence Limit is the most we will pay for the
sum of all "ultimate net loss" under Coverage A
because of all "bodily injury" and "property damage"
arising out of any one "occurrence".
4. Subject to Paragraph 2. above, the Personal And
Advertising Injury , Limit is the most we will pay
under Coverage B for the sum of all "ultimate net
loss" because of all "personal and advertising
injury" sustained by any one person or organization.
5. If there is "underlying insurance" with a policy
period that is nonconcurrent with the policy period
of this Commercial Liability Umbrella Coverage
Part, the "retained limit(s)" will only be reduced or
exhausted by payments for:
a. "Bodily injury" or "property damage" which
occurs during the policy period of this Coverage
Part; or
b. "Personal and advertising injury" for offenses
that are committed during the policy period of
:this Coverage Part.
However, if any "underlying insurance" is written on
a claims -made basis, the "retained limit(s)" will only
be reduced or exhausted by claims for: that
insurance that are made during the policy period, or
any Extended Reporting Period, of this Coverage
Part.
The Aggregate Limit, as described in Paragraph 2.
above, applies separately to each consecutive annual
period and to any remaining period of less than 12
months, starting with the beginning of the policy period
shown in the Declarations, unless the policy period is
extended after issuance for an additional period of less
than 12 months, In that case, the additional period will
be deemed part of the last preceding period for
purposes of determining the Limits of Insurance.
SECTION IV CONDITIONS
1. Appeals
If the "underlying insurer" or insured elects not to
appeal a judgment in excess of the "retained limit",
we may do so at our own expense, We will also pay
for taxable court costs, pre- and postjudgment
interest and disbursements associated with such
appeal. In no event will this provision increase our
liability beyond the applicable Limits of Insurance
described in Section III — Limits Of Insurance,
2. Bankruptcy
a. Bankruptcy Of Insured
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our
obligations under this Coverage Part,
CU 00 0104 13 Page 12 of 19
b. Bankruptcy Of Underlying Insurer
Bankruptcy or insolvency of the "underlying
insurer" will not relieve us of our obligations
under this Coverage Part.
However, this insurance will not replace the
"underlying insurance" in the evcint of bankruptcy or
insolvency of the "underlying insurer". This
insurance will apply as if the "underlying insurance"
were in full effect.
3. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. You -must see to it that we are notified as soon
as practicable of an "occurrence" or an offense,
regardless of the amount, which may result in a
claim. To the extent possible, notice should
include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses*t and
(3) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. If a claim is made or "suit" is brought against
any insured, you must:
(1) Immediately record the specifics of the claim
or "suit" and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written notice
of the claim or "suit" 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 or
settlement of the claim or defense against
the "suit" ; and
(4) Assist us, upon our request, in the
enforcement of any right against any person
or organization which may be liable to the
insured because of injury or damage to
which this insurance may also apply,
d. No insured will, except at that insured's own
cost, voluntarily make a Payment, assume any
obligation, or incur any expense, other than for
first aid, without our consent.
CU 00 01 04 13
4. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into a
"suit" asking for damages from an insured; or
b.. To sue us on this Coverage Part unless all of its
terms have been fully compiled with.
A person or organization may sue us to recover on
an agreed settlement or on a final judgment against
an insured; but we will not be liable for damages
that are not payable under the terms of this
Coverage Part or that are in excess of the
applicable limit of insurance. An agreed settlement
means a settlement and release of liability signed
byus, the insured and the claimant or the
claimant's legal representative.
5. Other Insurance
a. This insurance is excess over, and shall not
contribute with any of the other insurance'
whether primary, excess, contingent or on any
other basis. 'This condition will not apply to
insurance specifically written as excess over this
Coverage Part.
When this insurance is excess, we will have no
duty under Coverages A B to defend the
insured against any "suit" if any other insurer
has a duty to defend the insured against that
"suit". If no other insurer defends, we will
undertake to do so, but we will be entitled to the
insured's rights against all those other insurers.
b. When this insurance is excess over. other
insurance, we will pay only our share of the
to ultimate net loss" that exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of the insurance provided under this
Coverage Part; and
(2) The total of all deductible and self-insured
amounts under all that other insurance.
Page 13 of 19
G. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each *audit period we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill, If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium} we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request,
7. Representations Or Fraud
By accepting this policy, you agree:
a. The statements in the Declarations are accurate
and complete;
b. Those statements are based upon
representations you made to us,
c. We have issued this policy in reliance upon your
representations; and
d. This policy is void in any case of fraud by you as
it relates to this policy or any claim under this
policy.
8. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically aligned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only Named
Insured', and
b. Separately to each insured against whom claim
is made or "suit" is brought.
9. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any
payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring "suit" or transfer those rights
to us and help us enforce them.
10.Whon We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured'shown
If
in the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient
proof of notice.
11. Loss Payable
Liability under this Coverage Part does not apply to
a given claim unless and until:
a. The insured or insured's "underlying insurer" has
become obligated to pay the "retained limit"; and
b. The obligation of the insured to pay the "ultimate
net loss" in excess of the "retained limit" has
been determined by a final settlement or
judgment or written agreement among the
insured, claimant and us.
12.Transfer Of Defense
When the underlying limits of insurance have been
used up in the payment of judgments or
settlements; the duty to defend will be transferred to
us. We will cooperate in the transfer of control to us
of any outstanding claims or "suits" seeking
damages to which this insurance applies which
would have been covered by the "underlying
insurance" had the applicable limit not been used
up.
13. Maintenance Of/Changes To Underlying
Insurance
Any "underlying insurance" must be maintained in
full effect without reduction of coverage or limits
except for the reduction of the aggregate limit in
accordance with the provisions of such "underlying
insurance" that results from 'payment of claims,
settlement or judgments to which this insurance
applies.
Such exhaustion or reduction is not a failure to
maintain "underlying insurance", Failure to maintain
"underlying insurance" will not invalidate insurance
provided under this Coverage Part, but insurance
provided under this Coverage Part will apply as if
the "underlying insurance"' were in full effect,
If there is an increase in the scope of coverage of
any "underlying insurance" during the term of this
policy, our liability will be no more than it would
have been if there had been no such increase.
CU 00 01 04 13 Page 14 of 19
You must notify us in writing, as soon as
practicable, if any "underlying insurance" is
cancelled, not renewed, replaced or otherwise
terminated, or if the limits or scope of coverage of
any „underlying insurance" is changed.
14. Expanded coverage Territory
a.
161
C.
If a "suit" is brought in a part of the "coverage
territory" that is outside the United States of
America (including its territories and
possessions), Puerto Rico or Canada, and we
are prevented by law, or otherwise, from
defending the insured, the insured will initiate a
defense of the "suit". We will reimburse the
insured, under Supplementary Payments, for
any reasonable and necessary 'expenses
incurred for the defense of a "suit" seeking
damages to which this insurance applies, that
we would have paid had we been able to
exercise our right and duty to defend,
If the insured becomes legally obligated to pay
sums because of damages to which this
insurance applies in a part of the "coverage
territorV' that is outside the united States of
America (including its territories and
possessions), Puerto Rico or Canada, and we
are prevented by law, or otherWse, from paying
such sums on the insured's behalf, we will
reimburse the insured for such sums.
All payments or reimbursements we make for
damages because of judgments or settlements
will be made in U.S. currency at the prevailing
exchange rate at the time the insured became
legally obligated to pay such sums. All payments
or reimbursements we make for expenses under
Supplementary Payments will be made in U.S.
currency at the prevailing exchange rate at the
time the expenses were incurred.
Any disputes between you and us as to whether
there is coverage under this policy must be filed
in the courts of the United States of America
(including its territories and possessions),
Canada or Puerto Rico,
d. The insured must fully maintain any coverage
required by law, regulation or other
governmental authority during the policy period,
except for reduction of the aggregate limits due
to payments of claims, judgments or
settlements.
Failure to maintain such coverage required by
law, regulation or other governmental authority
will not invalidate this insurance. However, this
insurance will apply as if the required coverage
by law, regulation or other governmental
authority was in full effect.
CU 00 0104 13
SECTION V DEFINITIONS
"Advertisement" means a notice that is broadcast or
published to the general public or. specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters, For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding web sites, only that part of a web site
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 bodily injury, disability,
sickness or disease sustained by a person,
including death resulting from any of these at any
time, "Bodily injury" includes mental anguish or
other mental injury resulting from "bodily. . injury".
41 "Coverage territory' means anywhere in the world
with the exception of any country or jurisdiction
which is subject to trade or other economic sanction
or embargo by the United States of America.
"Covered auto" means only those "autos'" to which
"underlying insurancell applies,
O.G. "Employee" includes a "leased worker", "Employee"
does not include a "temporary worker".
7. "Executive officer" means a person holding any of
the officer positions created by your charter,
constitution, bylaws or any other similar governing
document,
8. "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 ;he terms of a contract
or agreement,
Page 15 of 19
if such property can be restored to use by the
repair, replacement, adjustment or removal of "your
product" or "your work", or your fulfilling the terms of
the contract or agreement.
g. "Insured contract" means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of
premises that indemnifies any person or
organization for damage by fire to premises
while rented to you or temporarily occupied by
you with permission of the owner is not an
flinsured contract";
b. A sidetrack agreement;
c. Any easement or license agreement, except in
connection with construction or demolition
operations on or within 50 feet of a railroad; ,
d. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with work for a municipality',
e. An elevator maintenance agreement;
f. That part of any 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".
g. That part of any other contract or agreement
pertaining to your business (including an
indemnification ion of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization. Tort
liability means a liability that would be imposed
by law in the absence of any contract or
agreement.
Paragraphs f. g. do not include that part of any
contract or agreement:
(1) That indemnifies, a railroad for "bodily injury"
or "property damage" arising out of
construction or demolition operations, within
50 feet of any railroad property and affecting
any railroad bridge or trestle, tracks, 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; or
(3) That holds a person or organization engaged
in the business. transporting property by
"auto" for hire harmless for your use of a
"covered auto" over a route or territory that
person or organization is authorized to serve
by public authority.
'10. "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".
11. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an aircraft,
watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
11auto"; 'or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading - or unloading" 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".
'12. "Mobile equipmentif means any of the following
types of land vehicles, including any attached
machinery or equipment:
uipment:
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
(21 Road construction or resurfacing equipment
f such as graders, scrapers or rollers;
e. Vehicles not described in Paragraph a., b., c. or
d. above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the following
types.,
CU 49 01 94 13 Page 16 of 19
(1) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f, Vehicles not described in Paragraph a., b., c. or
d. above maintained primarily for purposes other
than the transportation of persons or cargo.
However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but will
be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction
or resurfacing; or
(C) Street cleaning;
(2) Cherry pickers and similar devices mounted
on automobile or truck chassis and used to
raise or lower workers; and
(3) Air compressors, pumps and generators,
N
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment.
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 it is licensed or principally
garaged. Land vehicles subject to a compulsory
or financial responsibility law or other motor
vehicle insurance law are considered "autos".
13, "Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.
X14. "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 its
owner, landlord or lessor;
d. Oral or written publication, in any manner, of
material that slanders or libels a person or
organization 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;
CU 00 0104 13
f. The use of another's advertising 'Idea in your
"advertisement"; or
Infringing upon another's copyright, trade dress
or slogan in your "advertisement".
15. "Pollutants" mean 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,
162"Pollution cost or expense" means any loss, cost or
expense arising out of any:
a. Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in any
way respond to, or assess the effects of
"pollutants"; or I
b. Claim or suit by or on behalf of a governmental
authority for damages because of testing for,
.monitoring, cleaning up, removing, containing'
treating, detoxifying or neutralizing, or in any
way responding to, or assessing the effects of,
"pollutants". A
U. "Products -completed operations hazard":
a.. Includes all "bodily injury" and "property
damage" occurring away from premises you
own or rent and arising out of "your product" or
„your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been ' completed or
abandoned. However, "your work" will be
deemed completed at the earliest of the
following times.,
(a) When all of the work called for in your
contract has been completed.
(b) When all of the work to be done at the job
site has been completed if your contract
calls for work at more than one job site.
(C) When that part of the work done at a job
site has been put to its intended use by
any person or organization other than
another contractor or subcontractor
working on the same project,
Work that may need service, maintenance,
oorrection, repair or replacement, but which
is otherwise complete, will be treated as
completed.
Page 17 of 19
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.
18.,"Property damage" means:
a. Physical injury to tangible property, including all
resulting loss of use of that property. All such
loss of use shall be deemed to occur at the time
of the physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use shall be
deemed to occur at the, time of the "occurrence"
that caused it.
With respect to the ownership, maintenance or use
Of "covered autos", property damage also includes
"'pollution cost or expense", but only to the extent
that coverage exists under the "underlying
insurance" or would have existed but for the
exhaustion of the underlying limits,
For the purposes of this insurance, with respect to
other than the ownership, maintenance or use of
"covered autos'", 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, CD-
ROMs, tapes, drives, cells, data processing devices
or any other media which are used with
electronically controlled equipment.
19."Retained limit'' means the available limits of
"underlying insurance" scheduled in the
Declarations or the "self-insured retention",
whichever applies,
20. ""Self-insured retention" means the dollar amount
listed in the Declarations that will be paid by the
insured before this insurance becomes applicable
only with respect to "occurrences" or offenses not
covered by the "underlying 'insurance". The "self-
insured retention" does not apply to "occurrences"
or offenses which would have been covered by
"underlying insurance" but for the exhaustion of
applicable. limits,
21."Suit" means a civil proceeding in which damages
because of "bodily injury", "property damage" or
""personal and advertising injury" to which this
insurance applies are alleged. "Suit" includes:
a. An arbitration proceeding in which such
damages are claimed and to which the insured
must submit or does submit with our consent; or
b. Any other alternative dispute resolution
proceeding in which such damages are claimed
and to which the insured submits with our
consent or the "underlying insurer's" consent.
22. ""Temporary worker" means a person who is
furnished to you to substitute for a permanent
Ivem.ployee" on leave or to meet seasonal or short-
term workload conditions.
2. "'Ultimate net loss" means the total sum, after
reduction for recoveries or salvages collectible, that
the insured becomes lega'lly obligated to pay as
damages by reason of settlement or judgments or
any arbitration or other alternate dispute method
entered Into with our consent or the "underlying
insurer"s"" consent.
24,. ""Underlying insurance" means any policies of
insurance listed in the Declarations under the
Schedule of "underlying insurance".
25. "Underlying insurer"' means any insurer who
provides any policy of insurance listed in the
Schedule of "underlying -insurance".
26."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.
27. "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(C) A person or organization whose business
or assets you have acqu !red; and
(2) Containers (other than vehicles), materials,
parts or equipment furnished in connection
with such goods or products.
CU 00 01 o413 Page 18 of 19
b. Includes:
(1) Warranties or representations made at any
time with respect to the fitness, quality,
durability, performance or use of "your
product"; and
(2) Theproviding of or failure to provide
warnings or instructions.
c. Does not include vending machines or other
property rented to or located for the use of
others but not sold.
28. "Your work":
a. Means:
(1) Work or operations performed by you or on
your behalf; and
(2) Materials, parts or equipment furnished in
connection with such work or operations.
CU 00 0104 13
b. Includes:
(1) Warranties or representations made at any
time with respect to the fitness, quality,
durability, performance or use of "your work";
and
(2) The providing of or failure to provide
warnings or instructions.
@ Insurance Services Office, Inc.., 2012
Page 19 of 19
AV Alaska National
iNSURANiCE COMRANY
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF
SUBROGATION) - AUTOMATIC
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL LIABILITY UMBRELLA COVERAGE PART
The following is added to Paragraph 9. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:
We waive any right of recovery against any person or
organization, because of any payment we make under
this Coverage Part, to whom the insured has waived its
right of recovery in a written contract or agreement.
Such waiver by us applies only to the extent that the
insured has waived its right of recovery against such
person or organization prior to loss.
This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date
issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is
required only when this endorsement is issued subsequent to commencement of the policy.
Endorsement Effective
Insured
Countersigned By
CU 24 80 12 19
Policy No.
Endorsement No.
@ Insurance Services, Office, Inc., 2018
PayneWest Insurance/Spokane
Page i of 20
CONTRACTOR'S PROTECTIVE, PROFESSIONAL, POLLUTION, CYBER, MEDIA AND
MITIGATION RESPONSE POLICY
NOTICE: THIS IS A CLAIMS MADE AND REPORTED POLICY (EXCEPT FOR COVERAGE C). SUBJECT TO ITS
PROVISIONS, THIS POLICY (EXCEPT FOR COVERAGE C) APPLIES ONLY TO CLAIMS WHICH ARE FIRST MADE
BY OR AGAINST YOU DURING THE POLICY PERIOD OR THE OPTIONAL EXTENDED REPORTING PERIOD IF
APPLICABLE, AND FIRST REPORTED IN WRITING TMJ US IN THOSE PERIODS OR THE AUT OMATICEXTEND) E
REPORTING PERIOD, UNLESS SPECIFICALLY PROVIDED OTHERWISE, CLAIM EXPENSES ARE INCLUDED
WITHIN AND REDUCE THE LIMIT OF LIABILITY, AND ARE SUBJECT TO ANY APPLICABLE SELF-INSURED
RETENTION.
PLEASE READ THE ENTIRE POLICY` CAREFULLY.
Words and phrases that appear in bold print, excluding caption headings, have special meanings that are defined in the
Definitions of this Policy.
(1 $1 411 it
The words we, us" and our mean the Insurer shown in the header of the Declarations of this Policy. The words "You"
and "your" mean any person or entity described in the Definition of Insured.
In consideration of the payment of the premium, and in reliance upon the statements made in the application, materials,
and information provided by you, which are incorporated into this Policy, form a part hereof, and are a representation
upon which this Policy has been issued, we agree with you as follows,,
1. INSURING AGREEMENT
A. Protective Indemnity
We shall indemnify you for Protective Loss on a Protective Claim as established by final judgment or
settlement to which we agree in writing, in excess of collectible Recoverable Insurance, provided that:
1 the Protective Claim arises out of:
a. a negligent act, error or omission in the rendering of or failure to render Professional Services., or
b. a Pollution. Condition resulting from the performance of Contractor Activities;
by the Responsible Entity that were rendered or performed on or after the Retroactive Date and before
the end of the Policy Period; and
2. the Protective Claim for such Protective Loss is first made by you during the Policy Period or Optional
Extended Reporting Period, If applicable, and reported in writing by you to us during one of those periods
or the Automatic Extended Reporting Period; and
3. prior to the effective date of the first policy Insuring this type of Protective Claim issued to you by us, and
continuously renewed by us, the Principal Personnel had no knowledge of circumstances which could
give rise to Protective Loss; and
4. you made all reasonable efforts to recover your Protective Loss from the Responsible Entity.
B. Professional Liability
We will defend you against any Professional Claim (as provided in Section III.A. of this Policy) and pay on
your behalf all Damages and Claim Expense for that Professional Claim in excess of any applicable Self -
Insured Retention, provided that'.
1 the Professional Claim arises out of an actual or alleged negligent act, error or omission in the rendering
of or failure to render Professional Services by you, or by a Responsible Entity for whom you are legally
responsible, on or after the Retroactive Date and before the end of the Policy Period" and
2. the Professional Claim is first made against you during the Policy Period or Optional Extended Reporting
Period, if applicable, and reported in writing by you to us during one of -those periods or the Automatic
Policy Form: PERFORM -10002 (11-20)
Page 2 of 20
Extended Reporting Period; and
3. prior to the effective date of the first policy insuring this type of Professional Claim Issued to you by us,
and continuously renewed by us, the Principal Personnel had no knowledge of circumstances which
could give rise to a Professional Claim.
G. Contractor Pollution Liability
We will defend you against any Pollution Claim (as provided in Section IIIA. of this Policy) and pay on your
behalf for all Pollution Loss and Claim Expense for that Pollution Claim in excess of any applicable Self -
Insured Retention-, provided that,
1 the Pollution Claim arises out of an actual or alleged Pollution Condition that results from the
performance of Contractor Activities by you, or by a Responsible Entity for whom you are legally
responsible; and
2. the Pollution Claim is for Bodily Injury or Proporty Damage that occurs during the Policy Period, or for
Cleanup Costs for a Pollution Condition that occurs during the Policy Period, provided that:
a. progressive, continuous, intermittent or indivisible Bodily Injury or Property Damage, or Pollution
Condition(s) for which Cleanup Costs are incurred, shall be deemed to have occurred only on the
date of first exposure to the Pollution Condition, which is:
for Bodily Injury, the date of first exposure of any person to that Pollution Condition; or
for Proporty Damage or Cleanup Costs, the date the Pollution Condition first commenced', and
b. if the date of the first exposure cannot be immediately determined to have* been within this Policy
Period, and you have no liability insurance incepting prior to the inception of this Policy that provides
pollution liability coverage for the subject Contractor Activities (regardless of whether the insurance
covers this Pollution Claim), and the Bodily Injury, Property Damage or Pollution Condition for
which Cleanup Costs are incurred continues to exist during the Policy Period, the date of the first
exposure shall be deemed to have occurred only on the inception date of the first policy we issued
insuring you for the subject Contracting Activities for this type of Pollution Claim. No more than
one policy issued by us can be applicable to the Pollution Claim; and
prior to the effective date of the first policy insuring this type of Pollution Claim issued to you by us, and
continuously renewed by us, the Principal Personnel had no knowledge of circumstances that could give
rise to a Pollution Claim.
D. Cyber Liability
We will defend you against a'Cyber Claim (as provided in Section IIIA. of this Policy) and pay on your behalf all
Damages and Claims Expense for the Cyber Claim in excess of any applicable Self-insured Retention,
provided that:
I the Cyber Claim arises out of Contractor Activities or Professional Services performed or rendered by
you, or by a Responsible Entity for whom you are legally responsible, on or after the Rotroactive Date
and before the end of the Policy Period; and
2. the Cyber Claim is first made against you during the Policy Period or Optional Extended Reporting
Period, if applicable, and reported in writing by you to us during one of those periods or the Automatic
Extended Reporting Period; and
3. prior to the effective date of the first policy insuring this type of Cyber Claim issued to you by us, and
continuously renewed by us, the Principal Personnel had no knowledge of circumstances that could give
rise to a Cyber Claim.,
E. Media and Personal Injury Liability
We will defend you against any Media and Personal Injury Claim (as provided in Section IIIA. of this Policy)
and pay on your behalf all Damages and Claim Expense for that Modia and Personal Injury Claim in excess
of any applicable Self-insured Retention, provided that:
Policy Form: PERFORM -10002 (11-20)
Page 3 of 20
11. the Media and Personal Injury Claim arises out of an actual or alleged negligent act, error or omission in
the rendering of or failure to render Professional Services, Media Activities or Information Technology
Servicesby YOU, or by a Responsible Entity for whom you are legally responsible, on or after the
Retroactive Date and before the end of the Policy Period; and
.2. the Media and Personal Injury Clalim is first made against you during the Policy Period or the Optional
Extended Reporting Period, if applicable, and first reported in writing by you to us during one of those
periods or the Automatic Extended Reporting Period; and
3. prior to the effective date of the first policy insuring this type of Media and Personal Injury Claim issued to
you by us, and continuously renewed by us, the Principal Personnel had no knowledge of circumstances
that could give rise to a Media and Personal Injury Claim.
F. Mitigation
We agree to pay you or on your behalf for Mitigation Cost in excess of any applicable Self -Insured Retention
to mitigate or avoid a Professional Claims Pollution Claim, Cyber Claim or Media and Personal injryu
Claim that would be covered under this Policy, but has not yet been made, provided that:
1 the services or other activities you seek to mitigate or rectify were rendered or performed on or after the
Retroactive Date and before the end of the Policy Period; and
2. the circumstances that would reasonably be expected to lead to such Claim are first reported in writing by
you to us during the Policy Period; and
3. prior to the effective date of the first policy insuring such type of potential Claim issued toyou by us, and
continuously renewed by us, the Principal Personnel had no knowledge of circu'rnstances that could give
rise to a Claim; and
4. . before incurring any Mitigation Cost, you demonstrate to us the reasonableness and necessity of the
proposed cost in light of the projected benefit in terms of mitigating or avoiding payment under this Poliry
on the reasonably expected covered Claim, and we provide our prior written consent for such Mitigation
Cost, such consent not to be unreasonably withheld,
SUPPLEMENTAL. COVERAGES
The Limits of Liability for each of the following Supplemental Coverages are separate from the Limits of Liability
for the coverages in Section I. Insuring Agreement of this Policy, and payments made under the Supplemental
Coverages do not erode the Limits of Liability for those coverages.
A. Litigation Attendance Reimbursement
Upon written request by you, we shall reimburse you for your actual and documented loss of earnings and
reasonable expenses incurred when you attend a hearing, deposition, or trial at our written request, in the
course of our defending a Claim under this Policy.
B. Disciplinary Proceedings Defense Expense
Upon written request by you during the Policy Period, Automatic Extended Reporting Period or the
Optional Extended Reporting Period, if applicable, we will select and retain counsel for yoO and Pay such
counsel's reasonable and necessary fees and expenses in defense of a disciplinary proceeding against
you before a design professional or contractor licensing board first brought against you during the Policy
Period or Optional Extended Reporting Period, if applicable, and arising out of either an actual or alleged
negligent act, error or omission in the rendering of Professional Services or Pollution Conditions
resulting from the performance of Contractor Activities, rendered or performed by or on behalf of you on
or after the Retroactive Date and before the end of the Policy Period.
C. Subpoena Defense Expense
Upon written request by you during the Policy Period, Automatic Extended Reporting Period or the
Optional Extended Reporting Period, if applicable, we will select and retain counsel for you and pay such
counsel's reasonable and necessary fees and expenses to advise and represent you regarding the
production of documents and during the preparation for and giving of testimony, in response to a subpoena
Policy Form: PERFORM -10002 (11-20)
Page 4 of 20
in a proceeding other than a Claim against you or a Protective Claim, that is both first served on you and
reported to us in writing during the Policy Period or the Optional Extended Reporting Period, if applicable,
and arising from Professional Services or Pollution Conditions resulting from the performance - of
Contractor Activities, rendered or performed by or on behalf of you on or after the Retroactive Date and
before the end of the Policy Period.
D., ADA and FHA Defeo* se Expense
Upon written request by you during the Policy Period, Automatic Extended Reporting Period or the
Optional Extended Reporting Period, if applicable, we shall select and retain counsel and pay such
counsel's reasonable and necessary fees and expenses incurred when you respond to regulatory or
administrative actions first brought against you during the Policy Period by a government agency under
the Americans with Disabilities Act of 1990 (ADA) or the Fair Housing Act (FHA), and alleging a negligent
act, error or omission in the rendering of Professional Services by or on behalf of you, provided that such
Professional Services were rendered on or after the Retroactive Date and before the end of the Policy
Period.
E. Corporate Reputation Rehabilitation
Upon written request by you, we shall pay on behalf of you the reasonable and necessary fees and
expenses subsequently incurred by a public, relations firm approved by us to restore your corporate
reputation that is damaged as a result of a Claim that we defend under this Policy or circumstances for
which we consent.to the incurring of Mitigation Cost or rErnergency Expense under this Policy. We have
the right to require for approval of the public relations firm minimum professional certifications and
qualifications (e,g., Examination for Accreditation in Public Relations, or Accredited Business
Communicator from International Association of Business Communicators),
F. Protective Claim Bankruptcy Litigation Expense Reimbursement
Upon written request by you, we shall reimburse you for the reasonable and necessary fees and expenses
of retaining bankruptcy counsel in the making of a Protective Claim arising out of Professional Services
that qualifies for coverage under this Policy Against a Responsible Entity who has filed for or been put
into .bankruptcy under the United States Bankruptcy Code, provided that the Protective Claim, at -least in
part, is allowed as against or results in a judgment against the Responsible Entity in your favor, which is
final and no longer subject to objection or appeal.
G. Building Information Modeling - Extra Expense
Upon written request by you during the Policy Period, Automatic Extended Reporting Period or the
Optional Extended Reporting Period, if applicable, we shall reimburse you for the reasonable and
necessary additional expense payable to a third party software consulting company, not otherwise
recoverable from any warrantee or guarantee, arising from loss of or damage to any information due to
inherent malfunction of any software used in connection with any Building Information Modeling system
purchased from a third party vendor and not modified by you or on your behalf, including but not limited to
erroneous calculations or modeling, provided that the malfunction is first discovered during the Policy
Period and after the system has been put to its intended use in the course of actual construction.
H. Emergency Expense
We will indemnify you for Emergency Expense in excess of the Self -Insured Retention, if applicable,
provided that the Emergency Expense must be both incurred by you and reported to us, in writing and as
soon as practicable, during the Policy Period, but no later than ten (10) days from the discovery of the
Pollution Condition resulting from the performance of Contractor Activities or the expiration of the
Policy Period, whichever occurs first, and provided that the Contracting Activities giving rise to the need
for Emergency Expense were rendered or performed on or after the Retroactive Date and before the end
of the Policy Period.
Ill. DEFENSE, SETTLEMENT AND COOPERATION
A. Defense (Coverages 8, Cp D and E)
1. We have the right and duty to defend you against any Claim proceeding in the United States or
Canada under Coverage B, G, D or E of this Policy:
Policy Form: PERFORM -10002 (11-20)
Page 5 of 20
a, even if groundless or false;
b. with counsel of our mutual agreement; and
for any Claim proceeding anywhere else in the world seeking such Damages or Pollution Loss, we shall
have the right, but not the duty, to defend you against such Claim. You shall have the duty to investigate
and defend such Claims, and we will treat all reasonable and necessary fees and expenses paid to others
in the course of doing so as Claim Expense,
2. If you and we cannot mutually agree upon defense counsel, we shall have the final right to select
defense counsel, but we then will allow for a 25% Self -Insured Retention credit, up to a maximum of
$25,000 per Claim, towards the costs of having you retain your own counsel to monitor the Claim.
Defense counsel selected by us will have the sole right and responsibility for defending you against
the Claim.
3. In the event you are entitled by law to retain independent couns9i of your choosing to defend you at
our expense and you choose to do so, the attorney fee component of Claim Expense shall be limited
to the average of the rates we actually pay to counsel we retain in the ordinary course of business in
the defense of similar Claims in the community where the Claim arose or is being defended. In
addition, we may require that the independent counsel possess certain minimum qualifications, which
may include that the selected counsel have: (1) at least five years of civil litigation experience
defending similar Claims; and (2) errors and omissions coverage. You further agree to require your
independent counsel to provide us with information concerning the Claim in a timely manner, to
respond to our requests for information concerning the Claim, and to comply with our reporting and
billing guidelines.
4. We shall have no obligation to pay any Claim Expense or to defend any Claim after all applicable
Limits of Liability have been exhausted by 'Incurred amounts or by payment, or after deposit or tender
of the remaining applicable Limit of Liability into court.
13. Settlement and Consent (Coverages B, C, D and E)
We have the right to investigate, conduct negotiations concerning and, with your written consent, settle any
Claim as we deem expedient. If you refuse to consent to a settlement or compromise recommended by us
and acceptable to the claimant, then our Limit of Liability under this Policy with respect to such Claim shall
be reduced to the amount for which the Claim could have been settled, including all Claim Expenses
incurred up to the time we made our recommendation to you.
C. Settlement (Covorago A)
1. We have the right to investigate and participate in all negotiations concerning a Protective Claim.
2. You will not settle any Protective Claim for which coverage may be sought under this Policy without
our written consent, which shall not be unreasonably withheld. We will not pay any Loss on a
Protective Claim settled in part or whole without our consent.
D. Proactive Resolution of Substantiated PrOtOct[VO Claim (Poverage A)
If you provide us substantiation that satisfies us that the liability of the ResponaliblIo Entities and the value
of your Protective Loss are not reasonably disputable and exceed all collectible Recoverable' Insurance,
then upon your written request, we will provide you the following proactive assistance in pursuing recovery
for your Protective Loss:
1. we will consult with you in the prosecution of your Protective Claim and provide our input on strategy
for the efficient resolution of the Protoctive Claim;
2. we will attend or otherwise participate in settlement negotiations, including mediations and settlement
conferences, for the resolution of the Protective Claim;
3. We Will assist you in negotiations with representatives for any Recoverable Insurance; and
4. if all of your reasonable efforts to recover your Protective Loss and the foregoing fail due to the
Policy Form: PERFORM -10002 (11.20)
Page 6 of 20
refusal of the Responsible Entity or the representatives for Recoverable Insurance to settle your
substantiated Protective Claim, we will pay the portion of your Protective Loss in excess of the
available collectible Recoverable Insurance.
The costs we incur in performing the activities described in Paragraphs 1. through 3., above, shall be borne
by us and shall not erode the Limits of Liability described in Section VL of this Policy.
E. Your Duties (All Coverages)
As a condition precedent to this insurance, in the event of any First Party Claim, Claim or reported
circumstance.,
I You shall promptly forward to us all documents that you send or receive in connection with the First
Party Claim, Claim or circumstance, and you will direct all inquiries regarding a Claim or
circumstance to us or to our designated attorney.
2. You shall cooperate fully with us and our designees in the investigation, defense and settlement of any
First Party Claim, Claim or circumstance, the conduct of suit or any other proceeding, and in
securing and enforcing any right of contribution, indemnity, or other recovery that you potentially may
have, such cooperation includes but is not limited to, when requested, attending any proceedings,
assisting in securing evidence and obtaining the attendance and testimony of witnesses, whether in a
legal proceeding or In an examination by us; and such cooperation will be without charge to us, except
as provided otherwise in the Supplemental Coverage for Litigation Attendance Reimbursement. Such
cooperation is agreed by us and you to be in furtherance of our common interest in the First Party
Claim or Claim, such that all such communications shall be protected by all applicable privileges and
protections,
3. You shall not voluntarily make any payment, assume or admit any liability, consent to any judgment,
settle any First Party Claim or Claim, or incur any Claim Expense or Mitigation Cost, for which
coverage may be sought under this Policy, without our prior written consent, except for Emergency
Expense. We shall not be liable for any payment, assumed or admitted liability, consent judgment,
settlement, or Claim Expense to which we have not consented, You shall not release or compromise
any right you may have with respect to a First Party Claim or Claim without our .prior written consent.
We shall not be liable for any Loss attributable to a release without such consent.
4. You shall obtain our written consent before exercising any right, assuming any obligation, or making
any agreement, with respect to any dispute resolution mechanism or process for a First Party Claim
or Claim, including but not limited to rejecting or demanding arbitration.
IV. DEFINITIONS
Words stated in the singular will be construed as also being stated in the plural and vice versa. For purposes of
this Policy:
A. Advertising means material which promotes your products, services or business.
B. Bodily Injury means physical injury, sickness, disease, building -related illness, mental anguish, emotional
distress, or shook sustained by any person, including death resulting therefrom. Furthermore, Bodily
Injury shall extend to include the monitoring of medical conditions.
C. Claim means Professional Claim, -Pollution Claim, Cyber Claim, and Media and Personal Injury
Claim.
D. Claim Expense means reasonable and necessary fees and costs incurred by us to investigate and defend
any Claim for which coverage is provided under this Policy, including fees and costs charged by adjusters
appointed by us to investigate a Claim. Claim Expense includes reasonable and necessary fees in
defending such a Claim, for attorneys, investigators, arbitrators, mediators, consultants and expert
testimony, as well as court and arbitration costs and expenses, but shall not include any remuneration,
salaries, regular or overtime wages, benefits, fees or other payment of directors, officers, managers and
employees of you or us, or fees and expenses of independent adjusters. Claim Expense also includes
premiums for the covered portion of appeal bonds, attachment bonds or any similar bonds; however, we
are not obligated to apply for, secure or furnish any such bond.
Policy Form. PERFORM -10002 (11-20)
Page 7 of 20
E. Cleanup Costs means costs for the investigation, monitoring, or disposal of soil, surface water,
groundwater, indoor or outdoor atmosphere or other contamination; or for cleanup, abatement,
containment, capping, remediation, or correction of a Pollution Condition resulting from the performance
of Contractor Activities. Cleanup Costs also includes Restoration Costs.
F. Content means data, digital code, images, drawings, scents, sounds, tastes, texts or textures.
G. Contractor Activities means:
1. any general construction, construction management, or environmental activity; or
2, any loading, unloading, delivery or transportation of goods, materials, products, or waste to or from
any site. at which the activities, described in Paragraph 1. of this Definition, are performed as long as
such activity is performed by an entity that is properly licensed to deliver or transport such goods,
materials, products, or waste; or
3. any operation, use, ownership, or maintenance of a land motor vehicle, off-road motor vehicle, mobile
equipment, trailer, semi -trailer, watercraft, aircraft, or rolling stock in connection with the activities
described in Paragraph 1. of this Definition; or
4. the use of a Non -Owned Location.
Contractor Activities also includes Completed Operations. For the purpose of this Policy, Completed
Operations means any of the activities described in Paragraphs 1. through 4. of this Definition that have
been completed, including materials, parts or equipment furnished in connection with such work or
operations.
H. Cyber Claim means a written demand, demand for arbitration or mediation, or suit, made against you
seeking money or services due to a Cyber Security Broach.
I. Cyber Security Breach means any of the following circumstances:
1. the failure to prevent the introduction or transmission of a computer virus or any other malicious code,
but only if such computer virus or malicious code affects the data, software, firmware, systems or
networks of your clients;
2. the failure to provide your clients with access to your website, or your computer or communications
network, when your clients have authorized use of your website, or your computer or communications
network;
3. failure to prevent unauthorized access to, or use of, data, software, firmware, systems or networks
containing private or confidential information of your client;
4. the destruction, deletion or corruption of your client's electronic data; or
5. failure to prevent the theft, unauthorized or illegal disclosure or loss of your client's information listed
below:
a. an individual, natural person's private Content, or
b. commercial confidential information that resides in or on your hardware devices or data systems,
including such information stored on your computer infrastructure system including cloud, remote
servers at a co -location or data hosting services or any other data storage not in insureds direct
control.
I Damagos mean any amounts you are legally obligated to pay,
K. Emergency Exponse means reasonable and necessary expense, incurred by you, on an emergency
basis, to contain, control, mitigate or rectify a Pollution Condition resulting from the performance of
Contractor Activities that is an imminent and substantial endangerment to public health, safety or
welfare, or the environment, where the absence of such emergency action being undertaken without delay,
further harm to third parties or the environment is imminent.
Policy Form: PERFORM -10002 (11-20)
Page 8 of 20
L. First Party Gialm means a Protective Claim and any other request of us by you for Mitigation Cost or
for sums arising out of any of the insuring agreements described in the Supplemental Coverage Section of
this Policy.
M. Information Technology Products means a computer or telecommunication hardware or software
product or other electronic product that is used, created, developed or manufactured by or for you,
including software updates, service packs and other maintenance releases for such products.
N. Information Technology Services means:
1 Consulting on, design of, development of, analysis of, integration of, interface of, modification of and
programming of software, hardware, networks, telecommunication systems and electronic or digital
devices performed by you or on your behalf for your clients;
2. installation of, training in the use of, support of, servicing of, maintenance of, repair of your Information
Technology Products;
3. marketing of, selling of, licensing of and distribution of Information Technology Produciti;
4. storage of, warehousing of, mining of and processing of data by you;
5. managing, operating, administering and hosting Information Technology Products for your clients; or
6. activities performed on your website(s);
but Shall not mean Information Technology Products.
0. Insured means:
1. the Named Insured; or
2. any fully owned subsidiary corporations or subsidiary limited liability companies of the Named
Insured, of any tier, in the past, as now constituted or hereafter constituted, subject to the limitations
in Paragraph 9. of this Definition for the newly acquired or formed entities described therein; or
3. any present or former partner, director, officer, manager, member, shareholder, principal, trustee, or
employee of the Named Insured solely while acting on behalf of the Namod Insured, but this
Paragraph 3. shall not make any entity an Insured solely because of its participation with the Named
Insured in a legal entity such as a joint venture or limited liability company; or
4. any Insured with regard to its participation In a legal entity, including a joint venture or limited liability
company, but solely for the Named Insured's legal liability arising out of the performance of
Professional Services, Contractor Activities, Media Activities or Information Technology
Services under the respective legal entity, and such legal entity itself, or any other entity other than an
Insured that is part of the legal entity, are not Insureds; or
5. with regard to Coverage C only, any client of the Named Insured, or other entity or person, that the
Named Insured is obligated to name as an additional insured on this Policy pursuant to a written
contract, agreement, or permit, executed prior to when the Pollution Claim was first made, and solely
as respects Pollution Conditions resulting from the Named Insured's performance of Contractor
Activities; or
6. any entity which is specifically identified as an Insured in the Declarations or by endorsement to this
Policy; or
7. the estate, heirs, executors, shareholders, administrators or legal representatives of an Insured in the
event of such Insured's death, incapacity, or bankruptcy, or the spouse or legal domestic partner of
any Insured, but only to the extent such Insured would otherwise. be provided coverage under this
Policy while acting solely on behalf of the Named Insured; or
8. any prior entity that has been reported to us prior to when the First Party Claim or Claim was first
made and whose assets, partners, principals, or shareholders were acquired by the Named Insured,
and for which the Named Insured is required to provide liability insurance under a written contract or
Policy Form: PER1=ORM-10002 (11-20)
Page 9 of 20
agreement executed before the First Party Claim or Claim was first made; or
9. any entity newly formed or acquired by the Named Insured during the Policy Period in which the
Named Insured has more than 50% legal or beneficial Interest and over which the Named Insured
exercises management or financial control and has agreed in writing to provide insurance for such
entity prior to the First Party Claim or Claim being made. However:
a. coverage will only be provided for First Party Claims or Claims arising out of Professional
Servicos, Contractor Activities, Media Activities or Information Technology Services
performed on or after the date of formation, acquisition, or exercised financial or management
control; and
b. this coverage will expire within 90 days for such entity, or the end of the Policy Period, whichever
is earlier, unless the Named Insured provides written details of such newly acquired entity to us
and pays the additional premium requested by us, if any.
P. Insured Contract means:
I a contract for a lease of premises, However, that portion of the contract for a lease of premises that
indemnifies any person or organization for damage by fire to premises while rented to you, or
temporarily occupied by you, with permission of the owner is not an Insured Contract; or
2. a sidetrack agreement; or
3. any easement or license agreement; or
4. an obligation, as required by ordinance, to indemnify a municipality, except in connection with work for
a municipality; or
5. an elevator maintenance agreement; or
6. that part of any other contract or agreement pertaining to your business (including an indemnification
of a municipality in connection with work performed for a municipality) under which you assume the
tort liability of another party to pay for Bodily Injury, Property Damage, or Pollution Loss to a third
party or organization. This section does not 'Include that part of any contract or agreement that
indemnifies an architect, engineer, or surveyor for injury. or damage arising out of:
a, Preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys,
change orders, designs or specifications; or
b. Giving directions or instructions,, or failing to give them, If that is the primary cause of the injury or
damage.
For the purpose of this section, tort liability means only that liability that would be imposed by law in
the absence of any contract or agreement. Any assumption of liability beyond that of tort liability
specified in this Paragraph 6. shall not be considered to be part of the Insured Contract.
Q. Loss means Protective Loss, Third Party Loss, Mitigation Cost and any other amount to which you are
entitled under any of the insuring agreements described in the Supplemental Coverages Section of this
Policy.
R. Media Activities means Media Communications or the gathering, collection, or recording of Media
Material for inclusion in any Media Communications in the ordinary course of your business.
S. Media and Personal Injury Claim means a written demand, demand for arbitration or mediation, or suit,
made against you seeking money or servioes due to a Media and Personal Injury Offense.
T. Media and Personal Injury Offense means:
I - Infringement of copyright, piracy, plagiarism or misappropriation or unauthorized use of ideas shared
with you in the course of services for your client;
2. Infringement of trade secrets, domain name, title or slogan, or the dilution or infringement of trademark
Policy Form, PERFORM -10002 (11-20)
Page 10 of 20
or service mark;
3. art, error or omission regarding the Content of any Media -Communfcation, including harm caused
through any reliance or failure to rely upon such Content;
4. Misappropriation of trade secret;
5. Defamation, libel, slander, product disparagement, trade libel, or other tort related to disparagement or
harm to the reputation or character of any person or organization;
6. Invasion or interference with the right to privacy or of publicity;
7. Misappropriation of any name or likeness for commercial advantage;
S. False arrest, detention or imprisonment or malicious prosecution; or
9. Invasion of or interference with any right to private occupancy, including trespass, wrongful entry,
eviction or eavesdropping.
U. Modia Communications means the display, broadcast, dissemination, distribution or release of Media
Material to the public by you.
V. Modia Material means Information in the form of words, sounds, numbers,' images or graphics in
electronic, print or broadcast form, including Advertising, but does not mean computer software or
Content.
W. Mediation means the non-binding facilitation by a neutral third party of First Party Claim or Claim
resolution.
X. Mitigation Cost means reasonable and necessary fees or direct costs incurred to mitigate or rectify
Professional Services, Contractor Activities, Media Activities or Information Technology Services
that would reasonably be expected to give rise to a Claim covered by this Policy, provided such fees and
direct costs are incurred prior to any Claim. In the event of a Cyber Security Breach, Mitigation Costs
include costs we incur to engage a qualified firm on your behalf to:
1. investigate the Cyber Security Breach;
2. notify any parties affeGted by the Cyber Security Breach;
3. perform credit monitoring service for your clients' individual personal data or your clients' corporate
data lost because of the Cyber Security Breach; and
4. restore or recreate, if possible, any of your clients' lost data caused by the Cyber Security Breach.
Your fees or direct costs may be treated as Mitigation Cost only with our prior written- consent, which
consent shall not be unreasonably withheld, Mitigation Cost does not include any fees or direct costs
relating to or resulting from Emergency Expense; betterment; or the failure to prevent or detect faulty
workmanship.
Y. Named Insured means the individual, partnership, entity, firm, or the company named in Item 1. of the
Declarations.
Z. Natural Resource Damage means physical injury to or destruction of (including the resulting loss of value)
land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources
belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States
(including the resources of the fishery conservation zone established by Magnuson -Stevens Fishery
Conservation and Management Act (16 U.S.C. § 1801 et. seq.)), any State or Local government, any
Foreign government, any Native American tribe or, if such resources are subject to a trust restriction on
alienation, any member of a Native American tribe.
AA. Non -Owned Location means:
Policy Form: PERFORM -10002 (11-20)
Page I I of 20
real property rented, leased or managed by you, including temporary job site offices, but only if such
real property is utilized on a temporary basis for the storage of goods, materials, equipment, products
or wastes for the purpose of performing the activities, described in Paragraphs 1, through 3. in
Definition G. Contractor Activities, for a client; or
2. any location used for the treatment, storage, recycling or disposal of your waste material provided that:
a. the waste material is generated or removed while performing activities, described in Paragraphs
1. through 3. in Definition G. Contractor activities, for a client; and
b. the location is not managed, operated, owned or leased by you or any of your subsidiaries or
affiliates with the exception of any location that is managed, operated, owned or leased solely by
one or more persons or organizations that are Insureds only by reason of Paragraph 6. in
Definition 0. Insured; and
c, the location is permitted or licensed by any Federal, State, Local or Provincial authorities to
accept such material as of the date of the treatment, storage, recycling or disposal.
13113. Policy Period means the period from 12:01 a.m. on the effective date of this Policy as set forth in Item 3.
of the Declarations, to 12:01 a.m. on the earliest of the date of the expiration date of this Policy as set forth
in Item 3. of the Declarations or any earlier termination date if this Policy is cancelled.
CC. Pollution Claim means the assertion of a legal right alleging liability or responsibility on your part,
including but not limited to lawsuits, petitions, arbitrations or other alternative dispute resolutions, and
public agency directives, made against you, for Pollution Loss arising out of a Pollution Condition
resulting from otherwise insured Contractor Activities.
DD. Pollution Condition means the actual or alleged discharge, dispersal, release, seepage, migration,
growth or escape of smoke, soot, fumes, acids, alkalis, toxic chemicals, mold, mildew, spores, fungi,
microbes, bacteria, legionella pneumophila, asbestos, lead, silica, silt, sediment, liquids, gases, waste
materials, contaminants, organic or inorganic pollutants, electromagnetic fields, hazardous substances,
hazardous materials, waste materials including medical, infectious, and pathological wastes, or other
irritants, into or upon land, any structure on land, the indoor or outdoor atmosphere, any watercourse, or
any body of water, including groundwater. Waste materials Include materials to be recycled, reconditioned
or reclaimed. Radioactive matter shall also be considered a pollutant, except as otherwise covered or
protected by insurance or protections provided pursuant to 42 U.S.C. § 2014(w), as amended, or Section
170 of the Atomic Energy Act of 1954, as amended,
EE. Pollution Loss means any amounts you are legally obligated to pay for Bodily Injury, Property Damage
or Cleanup Costs.
FF. Principal Personnel means the directors, officers, principals, partners, insurance and risk managers, and
those persons responsible for your environmental or legal affairs for the Named Insured.
GG.Professionall Claim means a written demand, demand for arbitration or mediation or suit made against
you seeking Damages or correction of Professional services and alleging a negligent act, error or
omission in the rendering of or failure to render Professional Services,
HH. Professional Services means:
1. Construction Management, Program Management, Project Management, Owner's Representation,
Property Management, Real Estate Brokerage/Agency, Property Development, Lease Brokering, any
delegated design responsibility or design assist services, including but not limited to constructability
reviews or value engineering; or
architecture; engineering; contract administration as part of design; sprinkler design; fire protection
design; life safety design; mechanical, electrical or security systems design; light use, acoustical or
signage design; landscaping design; surveying; quantity surveying; project accounting, quality control
reviews, assist or documentation, material testing: cost consulting, economic, feasibility, technical
consulting or technical studies or opinions, or scientific reviews; software design for the purpose of
operating or maintaining any building system; interior design or space planning services; or design
services to support Leadership in Energy and Environmental Design (LEED) certification for a project;
or
Policy Form: PERFORM -10002 (11-20)
Page 12 of 20
3. professional services with respect to .any Building Information Modeling (131M) systems, including but
not limited to modification, alteration, transfer, protection, manipulation, use, or misuse thereof, or
design assist system or program, and the foregoing within Integrated Project Delivery (1PD), Public -
Private Partnership projects (133s), or Lean Project Delivery System (LPDS); or
4. environmental consulting, environmental engineering, environmental site assessment, remedial
investigations, feasibility studies, remedial design, environmental monitoring, testing and sampling,
remedial oversight and management, ecological studies, environmental training, industrial hygiene,
forensic inspections and expert witness services; or
5. ordinary technology services utilized in the performance of the Professional Services described above.
Such technology services include the design, development, programming, analysis, training, use,
hosting, management, support, and maintenanoe of any software, database, internet service, or
website.
11. Property Damage means:
1. physical injury to or destruction of tangible property, including resulting loss of use thereof; or
2, loss of use of tangible property that has not been physically injured or destroyed; or
3, diminution of property value; or
4. Natural Resource Damage.
JJ. Protective Claim means written demand, demand for arbitration or mediation or a suit instituted by you
against the Responsible Entity seeking a remedy and alleging liability or responsibility on the part of such
Responsible Entity arising from:
a negligent act, error or omission in the rendering of or failure to render Professional Services; or
2. a Pollution Condition resulting from the performance of Contracting Activities.
Protective Claim does not include a demand or proceeding for non -monetary or Injunctive relief.
KK Protective Loss means:
any amounts you are legally entitled to recover; or
2. in the event the Protective Claire is made against a Responsible Entity in whose favor you have
granted a Limitation of Liability permitted by this Policy, any amounts you would have been legally
entitled to recover in the absence of such Limitation of Liability;
from each Responsible Entity:
1. due to a negligent act, error or omission in the rendering of Professional Services; or
2. for Bodily Injury, Property Damage or Cleanup Costs due to a Pollution Condition.
In the event that multiple Responsible Entities cause the same or related loss, the amount of Protective
Loss shall not exceed the single loss caused by such multiple Responsible Entities.
LL. Recoverable Insurance means the lesser of either Item 1. or 2. below:
1, all liability insurance applicable to the Professional Services or Pollution" Condition from which the
Protective Claim arises and providing such applicable coverage to any Responsible Entity or any
person or entity for which the Responsible Entity 'is responsible; or
2, in the event the Protective Claim is made against a Responsible Entity in whose favor you have
granted a Limitation of Liability permitted by this Policy that is applicable to the Protective Claim, such
Limitation of Liability.
IMM. Responsible Entity means those persons or entities, retained by you or on your behalf, rendering
Professional Services or Contractor Activities.
NN. Restoration Costs means the reasonable and necessary costs incurred by you, with our prior written
Policy Form: PERFORM -10002 (11-20)
Page 13 of 20
consent, to repair, replace, or restore real or personal property to substantially the same condition it was
prior to being damaged during work performed in the course of incurring Cleanup Costs. Restoration
Costs do not include costs associated with improvements or betterments,
00. Retroactive Date(s) means the date(s) set forth in Item 6, of the Declarations.
PP. Third Party Loss means the total of all Damages and Pollution Lose you are legally obligated to pay,
and all related Claim Expense.
V. EXCLUSIONS
We will not be liable to make payments or indemnify you for any First Party Claim, Claim or Loss directly or
indirectly for or arising out of,
A. any amounts incurred in connection with the making or prosecution of a Protective Claim. This Exclusion
applies at all times, including where we are providing Proactive Resolution of Substantiated Protective
Claim_ under Section IIID.of this Policy, excepting only the Supplemental Coverage for Protective Claim
Bankruptcy Litigation Expense Reimbursement.
B. the amount of any default judgment, arbitration award or adjudicator's decision in circumstances where the
Responsible Entity has failed to plead or provide a defense, response or answer, or take any other
procedural step, except that this Exclusion shall not apply to the amount of Protective Loss which you
would have been entitled to recover from the Responsible Entity, respectively, had such defense,
response or answer been pleaded or provided, or procedural step been taken,
In such instance where the Responsible Entity has failed to plead or provide a defense, response or
answer, or take any other procedural step, the burden of proving the extent of Protective Loss which you
would have been entitled to recover from the. Responsible Entity, respective . ly, will be upon you.
C. any design or manufacture of any goods or products which are sold or supplied' by you or by anyone under
license to you, including any parts, components, assemblies or equipment installed or incorporated by or
on behalf of you into your work. This Exclusion does not apply to (1) software sold or supplied by you in
connection with your provision of other Professional Services, or (2) goods or products installed or
incorporated in your work which have been specially designed, but not manufactured, by you or on your
behalf by a qualified Responsiblo Entity for use in a specific project, or (3) goods or products installed or
incorporated in your work that cause a Pollution Loss arising out of a Pollution Condition resulting from
the performance of Contractor Activities, or (4) Information Technology Products.
D. the cost to repair or replace faulty workmanship in any construction, erection, fabrication, installation
assembly, or manufacturing process, including materials, parts, or equipment furnished in connection
therewith, unless the faulty workmanship is caused by otherwise covered Professional Services as
respects the applicability of.,
1. Coverages AorB; or
2. Mitigation Cost to mitigate or rectify Professional Services under Coverage F, except for any fees
and direct costs relating to or resulting from the failure to prevent or detect faulty workmanship.
This Exclusion does not apply to Coverages C, D, E, Mitigation Cost to mitigate or rectify a Pollution
Condition resulting from the performance of Contractor Activities under Coverage F, or Supplemental
Coverage H. Emergency Expense.
E. any actual or alleged harassment, humiliation, discrimination, or similar misconduct on any basis, whether
as to a legally protected group or otherwise.
F. any employment obligations, decisions, conduct, practices or policies as an employer, including but not
limited to any obligation for which any party shall be liable under any worker's compensation,
unemployment compensation, employer's liability, obligation to pay fair wages or benefits, or disability
benefits law or under any similar law.
G. liability under contract, agreement, warranty or guarantee, except such liability that would have existed in
the absence of such contract, agreement, warranty or guarantee. This Exclusion extends to any
contractual obligation to make payments to others, including subcontractors, subconsultants, or their
employees, or for materials. Solely for purposes of Coverage C, this Exclusion shall not apply to liability of
Policy Form: PERFORM -10002 (11-20)
Page 14 of 20
others assumed under an Insured Contract. This Exclusion shall not apply to that portion of a contract
that sets forth the Insured's participation in a legal entity that is insured under Definition 0.4. of this Policy.
H. any fraudulent, criminal, dishonest, intentionally or knowingly wrongful, or'malicious act, error, or omission, or those of
an Inherently harmful nature, except that this Exclusion shall not apply to a Claim against you if you did not commit,
participate in, or have knowledge of -such conduct,
1. taxes; criminal fines; criminal penalties; or liability for liquidated damages you or the Responsible Entity
would not have had in the absence of the agreement for liquidated damages.
J. any return, withdrawal or' reduction in contractor charges; any equitable obligation, including restitution,
disgorgement, or the costs of complying with Injunctive relief; or the time and expense in addressing or
resolving an actual or potential First Party Claim or Claim.
K. any conduct by an individual, corporation, partnership, or joint venture of which you are a partner, director,
officer, member, participant, or employee that is not designated in the Declarations or by endorsement as
an Insured. This Exclusion shall not apply to conduct by an entity for which the Insured's participation is
insured under Definition 0.4. of this Policy,
L. First Party Claims or Claims made -by any Insured against any other Insured. However, this Exclusion
shall not apply as respects Claims made by any entity or person only qualifying as an Insured under
Paragraph 6. of the Definition of Insured In this Policy.
M. Claims against you rhade by, or Protective Claims by you made against, any indiVidual or entity, or its subrogees or
assignees:
1. that wholly or partially owns, controls or operates you; or
2. in which you have an ownership interest in excess of twenty-five percent (26%); or
3. that is controlled or operated by you; or
4. in which you ,are an officer or director; or
5. that is an affiliate of you, where you both are ultimately owned in excess of twenty-five percent (25%),
directly or indirectly, by the same entity.
With respect to Items 2., 3., and 4, above, this EXG]usion shall be limited when the Claim or Protective
Claim is made by a formal joint venture partnership of which you are a participant to your percentage of
ownership interest in the joint venture, so that we shall only be responsible for that portion of Third Party
Loss or Protective Loss that is the difference between your percentage of ownership interest and the total
joint venture ownership interest percentage,
N. Bodily Injury or Property Damage arising out of construction means, ns, methods or techniques; site safety;
crane erection, use, maintenance or operation; scaffolding; or demolition, but solely for the purposes of
Coverage B, and for the purposes of Coverages A and F with respect to obligations arising from
Professional services.
0. any Loss caused by or resulting from war, invasion, hostilities, acts of foreign enemies, civil war, rebellion,
insurrection, military or usurped power, martial law, -or confiscation by order of any government or public
authority.
P. any Protective Loss or Pollution Loss resulting from:
1. the discovery of a Pollution Condition on, at or under the Non -Owned Location; or
2. a Pollution Condition on, at, under or migrating from a Non -Owned Location, for which the owner of
the Non -Owned Location becomes legally obligated to pay unless such Pollution Loss results from
the performance of the activities described in Paragraphs 1. through 3. of Definition G. Contractor
Activities.
Q. for purposes of Coverages D and E, the loss, theft, destruction, transfer, misappropriation, or any misuse of
any of your employees' personal data, confidential Information or other private Content, including but not
limited to social security numbers, phone numbers, family names, family history, or home or medical
information.
Policy Form: PERFORM -10002 (11-20)
Page 16 of 20
R. any Professional Services, Contractor Activities, Media Activities, or Information Technology
Services that constitute violations of either the laws of the United States or any jurisdiction in which they
were performed, including U.S. economic, trade sanction or export control laws administered by the U.S.
Treasury, State and Commerce Departments (e.g., the economic and trade sanctions administered by the
U.S. Treasury Office of Foreign Assets Control), or the U.S. Controlled Substances Act or similar laws in the
subject jurisdiction. Additionally, we shall not be required to provide any coverage, pay any Claim or First
Party Claim, or provide any other benefit hereunder to the extent that provision of such coverage, payment
of such Claim or First Party Claim or provision of such other benefit would be in violation of any trade or
economic sanctions laws or regulations applicable in our jurisdiction of domicile or with which we are legally
obligated to comply.
VI. LIMITS OF LIABILITY AND SELF-INSURED RETENTION
A. Limits of Liability
1. Limit of Liability Each Claim or First Party Claim-, Our Limit of Liability for the sum of all Loss for
each single Claim or First Party Claim to which this Policy applies shall not exceed the amount
stated in Item 4.A, of the Declarations specified for each applicable coverage provided by this Policy.
2. Limit of Liability in the Aggregate for Each Coverages Lor the Policy: Our Limit of Liability for all Loss
under each respective coverage provided by this Policy shall not exceed the amount stated in Item
4.13. of the Declarations for such coverage for the Policy,
3, limit of Liability in the Aggregate for All Coverages.described -in Section 1. of this Poky for the Policy:
Our Limit of Liability for the sum of all Loss arising out of all Claims or First Party Claims under the
coverages described in Section I. provided by this Policy shall not exceed the amount stated in Item
4-C, of the Declarations for the Policy,
B. Self -,insured Retention
The Self-insured Retention amount stated in Item 5.A, of the Declarations applies to each Claim or First
Party Claim, if applicable, The Self -Insured Retention amount stated in Item 5.13. of the Declarations is the
most you shall pay for the sum of ali of your Self-insured Retention obligations arising out of all Claims or
First Party Claims under each respective coverage for the Policy, if applicable, provided that in no event
shall your Self -Insured Retention obligation be less than the amount stated in Item 6.C. of the Declarations
for any Claim or First Party Claim under each respective coverage. The Self-insured Retention amount
shall be paid by you before we pay any Loss, though any payments made by any Recoverable Insurance
also implicated by the -Claim or First Party Claim shall serve to reduce your Self-insured Retention
obligation. Our Limits of Liability set forth in Item 4. of the Declarations are in addition to and in excess of
the Self -Insured Retention amount. No Self -Insured Retention amount shall apply with respect to the
Supplemental Coverages provided by the Policy, except for Supplemental Coverage H. Emergency
Expense. If a Claim arising out of the sante set of circumstances for which we have paid Mitigation Cost
is made, then any amounts paid under the Self -Insured Retention for such Mitigation Cost shall reduce
the Self-insured Retention forthat Claim.
Mediation Credit: If you and we agree beforehand to attempt to resolve a Claim or First Party Claim at
Mediation., and if you and we resolve such Claim or First Party Claim by such Mediation, your Self -
Insured Retention obligation for such Claim or First Party Claim will be reduced by 50%, subject to a
maximum reduction of $25,000,
Vill. MULTIPLE INSUREDS
The number of Insureds covered by this Policy shall not operate to increase the Limit of Liability specified in
the Declarations, notwithstanding any other provision of this Policy.
Vill. MULTIPLE CLAIMS
Two or more Claims or First Party Claims arising out of one or more acts, errors, omissions, incidents, events,
or Pollution Conditions, or a series thereof, that are related (either causally or logically), will be considered a
single Claim or First Party Claim subject to:
A. a single Each Claim or First Party Claim Limit of Liability; and
Policy Form: PERFORM -10002 (11-20)
Page 16 of 20
B. a single Self-insured Retention (if applicable); and
shall not operate to increase our Limits of Liability. All such Claims or First Party Claims treated as a single
Claim or First Party Claim, whenever made, shall be considered first made on the date the earliest such
Claim or First Party Claim was first made, and only a Policy providing coverage for the earliest Claim or First
Party Claim shall have any coverage for such Claims or First Party Claims.
If more than one Coverage applies to the whole or a part of a Claim treated as a single Claim pursuant to this
Section VIII., then the Each Claim Limit of Liability for the entirety of that single Claim and the applicable Self -
Insured Retention for that single Claim shall be those set forth in Items 4.A. and 5., respectively, of the
Declarations for the applicable Coverage with the largest Each Claim Limit of Liability. If more than one
applicable Coverage has the same Each Claim Limit of Liability, but have different Self-insured Retentions,
then the largest Self-insured Retention shall apply to that single Claim.
IX. EXTENDED REPORTING PERIOD
A. Automatic Extended Reporting Period
If we or you do not renew this insurance with a renewal policy issued by us for any reason, other than after
cancellation pursuant to Section I.G. Cancellation and Termination, you shall be entitled to a period of
sixty (60) days from the date of policy termination to report a Claim (except for a Pollution Claim) or First
Party Claim which is made by or against you prior to such termination date. This Automatic Extended
Reporting Period may not be canceled by you and does not require the payment of an additional premium.
This Automatic Extended Reporting Period shall be included within the Optional Extended Reporting
Period if such is purchased. The Automatic Extended Reporting Period shall not serve to increase or
reinstate the Limits of Liability set forth in the Declarations. The Aggregate Limit of Liability for the
Automatic Extended Reporting Period shall be the amount ofcoverage remaining in this Policy's aggregate
liability limit set forth in the Declarations.
B. Optional Extended Reporting Period
If we or you do not renew this insurance with a renewal policy issued by us for any reason, other than after
cancellation pursuant to Section M.G. Cancellation and Termination, and if the total premium for this Policy
has already been paid in full, then you shall have the option to pay an additional prerni.um and extend the
period by which a Claim (except for a Pollution Claim) or First Party Claim can be first made by or
against you and reported to us.
The premium for the Optional Extended Reporting Period shall be: (1) 100% of the annual premium for
twelve (12) months of extension; (2) 150% for twenty-four (24) months of extension; or (3) 200% for thirty-
six (36) months of extension. The purchase of an Optional Extended Reporting Period shall not be effective
unless endorsed herein.
Your option to purchase the Optional Extended Reporting Period must be exercised by notice in writing to
us no later than sixty (60) days after the termination date of this Policy. Effective notice must indicate the
total Optional Extended Reporting Period desired and must include payment of premium for such period. If
such notice and premium are not mailed to us within such sixty (60) days, then you are not entitled to
purchase an Optional Extended Reporting Period at a later date.
If purchased pursuant to the preceding paragraph, the Optional Extended Reporting Period shall commence
upon the termination of the Policy Period. The Automatic Extended Repo rting'Period shall not apply after
the termination of the Optional Extended Reporting Period, At the commencement of any Optional
Extended Reporting Period, the entire premium shall be deemed fully earned. In the event you terminate
the Optional Extended Reporting Period before its term for any reason, we shall not be obligated to return
any portion of the premium.
Although the period during which a Claim (except for a Pollution Claim) or First Party Claim can be
reported to us is extended by virtue of the Optional Extended Reporting Period, this fact shall not in any
way increase or reinstate the Limits of Liability of this Policy. The Optional Extended Reporting Period
shall not serve to increase or reinstate the Limits of Liability set forth in the Declarations. The Aggregate
Limit of Liability for the Optional Extended Reporting Period shall be the amount of coverage remaining in
this Policy's aggregate liability limit set forth in the Declarations.
X. REPORTING
A. Reporting a Claim or First Party Claim
Policy Form: PERFORM -,10002 (11-20)
Page 17 of 20
As a condition precedent to coverage under this Policy, in the event of a Claim or First Party Claim, you
must do the following:
1. Report the Claim or First Party Claim to us in writing as soon as reasonably possible, which (except
for a Pollution Claim) must be during the Policy Period, the Automatic Extended Reporting Period,
or during any applicable Optional Extended Reporting Period. Reporting should be sent to us at the
address stated in the Claims Notice attached to this Policy; and
2. Promptly provide a copy of the Claim or First Party Claim, if in writing, and specify In the report: the
names and addresses of the Insured reporting the Claim or First Party Claim, the persons or entities
making the Claim or First Party Malm, and the persons or entities against Whbm the Claim or First
Party Claim is made; when the Claim or First Party Claim was made; the subject of the Claim or
First Party Claim; and any other relevant facts or allegations known to you.
B. Reporting a Circumstance
If during the Policy Period, you become aware of a circumstance that may reasonably be expected to give
rise to a Claim or First Party Claim which may be covered under the Policy, and If you, during the Policy
Period, provide a written report to us at the address stated in the Claim Notice attached to this Policy of
the circumstance as soon as practicable containing particulars sufficient to identify you and all reasonably
obtainable Information with respect to:
1. when and how yo'u first became aware of such circumstance;
2. any act, error, ornission asserted or believed to be at issue;
3. the services or activities involved in the circumstance;
4. what happened -and the dates and entities involved; and
5. the nature of any alleged or potential Loss;
then any Claim (except for a Pollution Claim) or First Party Claim arising out of such circumstance shall
be deemed to have been made on the date we received the written report of the circumstance. At our sole
discretion and cost, we may elect to investigate any circumstance which is reported; any such costs
associated with the investigation of a circumstance prior to a Claim being made against you will not be
considered Claim Expense, will not reduce the applicable Self-insured Retention and shall be paid by us
in addition to the Limit of Liability.
X1. - CONDITIONS
A. Territory
The coverage afforded by this Policy applies worldwide.
B. Audit and Inspection
Upon reasonable prior notice, we shall be permitted to audit your final books and records at any time
during the Policy Period, the Automatic Extended Reporting Period, the Optional Extended Reporting
Period, if applicable, and within three years after the final termination of this Policy, as far as they relate to
the subject matter of this Policy. We shall also be permitted to inspect, sample, and/or monitor your
operations on a continuing basis. Neither our right to make inspections, sample, and/or monitor, nor the
actual undertaking thereof, nor any report thereon shall constitute an undertaking, on behalf of us or
others, to determine or warrant that your operations are safe, healthful, conform to acceptable practice, or
are in compliance with any law, rule, or regulation.
C. Subrogation
In the event of any payment under this Policy, we shall be subrogated to all of your rights of recovery
thereof. You shall execute and deliver all requested instruments and papers in furtherance of such rights
to us and do whatever else is reasonably necessary to secure such rights. You shall do nothing to waive
or prejudice such rights. We shall have priority in any recovery, and any amounts recovered in excess of
our total payment and the cost to us of recovery shall be paid to you. However, we waive our rights of
subrogation under this Policy, to the extent such a waiver is required by a written contract with you executed
prior to the Claim, against any of the following that is not a Responsible Entity: your clients, their parents
or other affiliates, and your clients designees; and your co -participants in an entity for which your
Policy Form: PERFORM -10002 (11-20)
Page 18 of 20
participation is insured under Definition 0.4. of this Policy.
For Coverage A only, we will not subrogate against a Responsible Entity in excess of its collectible
insurance, provided it has maintained Recoverable Insurance, regardless of whether or not such
RecQverable Insurance is exhausted or reduced.
D, Changes
None of the provisions of this Policy will be waived, changed, or modified except by written endorsement
issued by us to form a part of this Policy. Notice to any of our agents or knowledge possessed by any such
agent or any other person will not act as a waiver or change in any part of this Policy and will not prevent
us from asserting any rights under the provisions of this Policy,
E. Action Against Us
Only you can make claims against us under Coverages A and F, and the Supplemental Coverages, of this
Policy.
No action shall be taken against us with respect to Coverage A unless, as a condition precedent thereto,
you shall have fully complied with all the terms of this Policy, and until the amount the Responsible Entity
is legally obligated to pay shall have been finally determined either by judgment after actual contested trial
or arbitration, or other method of dispute resolution for which we have given prior written approval.
No action shall be taken against us with respect to Coverage B, 0, D or E unless, as a condition precedent
thereto, you shall have fully complied with all the terms of this Policy, and until the amount you are legally
obligated to pay shall have been finally determined either by judgment after actual contested trial or
arbitration, or other method of dispute resolution for which we have given prior written approval.
No person or organization shall have any right under this Policy to join us in any action against you. No
Responsible Entity shall be an Insured under this Policy.
F. Assignment of Interest
It is agreed that the insurance provided herein and your interests hereunder cannot be transferred or
assigned to another party without our express written consent,
G. Cancellation and Termination
I. The premium paid for this Policy shall be fully earned in the first twelve months of the Policy Period.
2. This Policy may only be cancelled by us for one or more of the following reasons:
a. non-payment of premium; or
b. a material misrepresentation or concealment of facts; or
c. a material breach of any provision of this Policy.
If this Policy is cancelled by us, notice of cancellation will be sent in writing to the first Named Insured
(except as modified by any Endorsement to this Policy, either electronically or at the address indicated
on the Declarations, We will provide such written notice at least ninety (90) days prior to the date such
cancellation is to take effect; except that, in the event of cancellation for non-payment of premium, we
will provide only fifteen (15) days written notice. If the premium is paid by a premium financing
company and the premium financing company, acting under a valid premium finance agreement with
you, requests cancellation of the Policy due to non-payment of premium from you in the first twelve
(12) months of the Policy Period, the earned premium shall be computed short -rate of the twelve-
month policy term premium and the unearned premium shall be returned to the premium finance
company.
The effective date and hour of cancellation will be stated in such notice. Cancellation by us also
cancels the Automatic Extended Reporting Period and any Optional Extended Reporting Period; the
Policy Period, the Automatic Extended Reporting Period, and any Optional Extended Reporting
Period will end on that date. If we cancel for the reason specified in Subparagraph (a), there shall be
no return premium. If we cancel for reasons stated in Subparagraphs (b) or (c) in the first twelve {1 2)
Policy Form: PERFORM -10002 (11-20)
Page 19 of 20
months of the Policy Period, the earned premium shall be computed pro -rata of the twelve-month
earned policy term premium. Payment of any return premium shall not be a condition of cancellation,
3. This Policy may be cancelled by the first Named Insured for any reason, In the event that the first
Named Insured cancels the Policy, the earned premium shall be computed under the customary short
rate table and procedure as a percentage of the total Policy premium stated in the Declarations, and
we will return the corresponding unearned Premium to the first Named Insured. Cancellation by the
first Named Insured shall also cancel the Automatic Extended Reporting Period and any Optional
Extended Reporting Period on the date of cancellation,
4. Notwithstanding the foregoing, if YOU report a Claim or First Party Claim to us prior to the date of
cancellation, the Policy premium shall be considered 100% earned, and no premium shall be returned
upon cancellation.
H. No Limitation of Liability
You shall not limit the liability of any Responsible Entity, except to collectible insurance, without our prior
written approval. If you limit the liability of a Responsible Entity in a manner that fails to comply with the
foregoing, our obligation to pay Loss arising out of any Claim or First Party Claim involving such
Responsible Entity shall apply solely in excess of the collectible insurance that would have been available
in the absence of the limitation of liability to such Responsible Entity or any person or entity for which the
Responsible Entity is responsible,
I
I. Your Bankruptcy
Your bankruptcy or insolvency shall not relieve us of your obligations under this Policy.
J. Authorization Clause
By acceptance of this Policy, the first Named Insured shall be the sole agent of and shall act on behalf of
the Insureds for all purposes as to the Policy, including but not limited to the payment or return of
premium, receipt and acceptance of any endorsement issued to form a part of this Policy, providing and
receiving notice of cancellation, termination, or nonrenewal, the giving of notices and reporting of First
Party Claims, Claims and circumstances, for completing applications and the making of any statements or
representations, for making any change to the Policy, and for the exercising or declining to exercise any
right under this Policy, including the purchase of an Optional Extended Reporting Period.
K. Severability of Policy Provisions
If any material provision or clause of this Policy is declared illegal or unenforceable by any court of
competent jurisdiction and cannot be modified to be enforceable, that provision will immediately become
null and void, leaving the remainder of this Policy in full force and effect.
L. Severability of Insureds (Coverages 13, C, D and E)
Except with respect to the Limits of Liability and Self-insured Retentions, the Authorization Clause of this
Conditions Section and as otherwise provided in this Policy, this insurance applies as if each Insured were
the only Insured and separately to each Insured against whom a Claim is made.
M. Other Insurance
This Policy is excess over the Self -Insured Retention and any other valid and collectible liability insurance
available to you, whether such other insurance is stated to be primary, pro -rata, contributory, excess
contingent, self-insured or otherwise, unless such other insurance is written specifically excess of this
Policy by reference in such other policy to the Policy number in this Policy's Declarations. When any other
insurance has a duty to defend a Claim, we will have no duty to defend the Claim; if no such other
insurance defends the Claim, we will have the right but not the duty to defend the Claim.
Under Coverage C only, when you are required by written contract, written agreement, or permit, executed
prior to when the Pollution Claim was first made, to include any person or entity as an additiondl Insured
such coverage will be provided on a primary and non-contributory basis to the extent so required, . ,
N. Choice of Law
Policy Form: PERFORM -10002 (11-20)
Page 20 of 20
All matters arising from or related to this Policy, including without limitation questions related to the validity,
interpretation, performance, and enforcement of this Policy, all forms of contractual, tort and statutory
claims, and all remedies and entitlement to costs or attorneys' fees in a dispute over any of the foregoing,
shall be determined in accordance with the law and practice of the State of New York (notwithstanding
New York's conflicts of law rules).
0. Jurisdiction and Venue
It is agreed that, in the event of any dispute arising from or related to this Policy, including without limitation
questions related to the validity, interpretation, performance, and enforcement of this Policy, and all forms
of contractual, tort and statutory claims, you and we will submit to the jurisdiction of any court (State or
Federal) in New York and will comply with all the requirements necessary to give such court jurisdiction.
Nothing in this clause constitutes or should be understood to constitute a waiver of your or our right to
remove an action to the United States District Court, regardless of the jurisdiction in which an action is
commenced.
Policy Form: PERFORM -10002 (11.20)
7/23/24,4:16 PM RE: Road H -SE Reconstruction Contract - Consent Agenda for 7-30-2024 (Bonding and Insurance) - Shilo Nellis - Outlook
RE: Road H -SE Reconstruction Contract - Consent Agenda for 7-30-2024 (Bonding and
Insurance)
Tom Gaines <tgaines@grantcountywa.gov>
Tue 7/23/2024 4:08 PM
To:Barbara G. Duerbeck < bgduerbeck@grantcountywa.gov>; Dave Bren < d bren@grantcou ntywa.gov>; Rebekah M. Kaylor
< rrnkayIor@grantcountywa.gov>
Cc:Samuel Castro <samcastro@grantcountywa.gov>;Shilo Nellis < snellis@g rantcountywa.gov>; Bob Bersanti
< bbersa nti @g ra ntcou ntywa.gov>
No issues here, Thank You
Tom Gaines
Director, Grant County, WA
Central Services Department
tgaines@grantcountywa.ggv
509-754-2011 Ext 3276
Serve the Public, Be Exceptional, Enjoy Life
From: Barbara G. Duerbeck <bgduerbeck@grantcountywa.gov>
Sent: Tuesday, July 23, 2024 3:46 PM
To: Dave Bren <dbren@grantcountywa.gov>; Rebekah M. Kaylor <rmkaylor@grantcountywa.gov>
Cc: Samuel Castro <samcastro@grantcountywa.gov>; Shilo Nellis <snellis@grantcountywa-gov>; Bob Bersanti
<bbersanti@grantcountywa-gov>; Tom Gaines <tgaines@grantcountywa.gov>
Subject: RE: Road H -SE Reconstruction Contract - Consent Agenda for 7-30-2024 (Bonding and Insurance)
Perfect, as long as Tom's good with it then there's no issue.
Thank you,
Barbara G. Duerbeck
Deputy Prosecuting Attorney
Grant County Prosecuting Attorney's Office
Civil/Appellate Division
509-754-2011
Extension 3912
bgduerb grantcountywa.gov
The contents of this e-mail message, including any attachments, are intended solely for the use of the person or entity to
whom the e-mail was addressed. It contains information that may be protected by attorney-client privilege, work -product,
or other privileges, and may be restricted from disclosure by applicable state and federal law. If you are not the intended
recipient of this message, be advised that any dissemination, distribution, or use of the contents of this message is strictly
prohibited. If you received this message in error, please contact the sender by reply e-mail. Please also permanently delete
all copies of the original e-mail and any attached documentation. Please be advised that any reply to this email may
be considered a public record and be subject to disclosure upon request. Thank you.
From: Dave Bren <dbren grantcountywLa.ggv>
Sent: Tuesday, July 23, 2024 3:31 PM
To: Barbara G. Duerbeck <bgduerbe1ck@grantco >; Rebekah M. Kaylor <rmkylorC@grantcount
unlyAa.ggv a
- --------- ior(q. 000000_Y,v�a gQy>
Cc: Samuel Castro <samcastro grantcoun!yAa-ggv>; Shilo Nellis <snelIis(@grantcou0tywa.ggv>; Bob Bersanti
<bbersant
J_@grantcount,yAa.ggv>; Tom Gaines <t aines grantcounly�La.gg
-9 ------ _ _V>
Subject: RE: Road H -SE Reconstruction Contract - Consent Agenda for 7-30-2024 (Bonding and Insurance)
Hi Barb,
about:blank 1/4
7/23/24,4:16 PM RE: Road H -SE Reconstruction Contract - Consent Agenda for 7-30-2024 (Bonding and Insurance) - Shilo Nellis - Outlook
I spoke with Tom and confirmed that the contractor provided for the County as Additionally Insured in the
insurance certificate and met the requirements (see attached bonding and insurance). Note that they
also have 10mi1 in umbrella insurance on top of the minimum requirements.
Please proceed with confidence,
www,g ra ntco u ntywa. g ov
Dave Brea, PE, MSCE
Grant County Road Engineer
Office : 509.754.6082
Email: dbren@grantcountywa.gov
124 Enterprise Street SE
Ephrata, WA 98823
NOTICE OF PUBLIC DISCLOSURE. ' This e-mail account is public domain. Any correspondence from or to this e-mail account may be a public
record. Accordingly, this e-mail, in whole or in part, may be subject to disclosure pursuant to RCW 42.56, regardless of any claim of
confidentiality or privilege asserted by an external party.
From: Barbara G. Duerbeck<bgduerbeck„o�grantcountywa.ggv>
Sent: Tuesday, July 23, 2024 1:50 PM
To: Dave Bren <db�grantcountywa.gov>; Rebekah M. Kaylor <rmkaylor grantcountywa.gov>
Cc: Samuel Castro <samcastro@grantcountyAa.gov>; Shilo Nellis <snellis►grantcount wa. ov>• Bob Bersanti
g ,
<bbersantigrantcountywa.gov> _
Subject: RE: Road H -SE Reconstruction Contract - Consent Agenda for 7-30-2024
This has my approval, presuming that Tom/Kirk has approved the bond you sent over in a separate
email.
If one of them has not approved the bond amount then you will need to have them do thatp rior to
submission the BOCC for the Thursday calendar.
I am primarily working from home right now due to pregnancy symptoms, and Rebekah is out until
next week so I will be unable to sign a hard copy before the BOCC's 12 pm Thursday roundtable
deadline.
As a workaround, departments have been providing copies of the approval email attached to the
contract document for the BOCC to see in lieu of a physical signature and submitting that with the
contract packets directly to the BOCC.
So, assuming Tom/Kirk has approved the bond (or once they have done so) you can submit the
contract with my approval as above.
Thanks!
Thank you,
Barbara G. Duerbeck
Deputy Prosecuting Attorney
Grant County Prosecuting Attorney's Office
Civil/Appellate Division
509-754-2011
Extension 3912
hgduerbeck@grantcountyMLa.gov
about:blank 2/4
7/23/24,4:16 PM RE: Road H -SE Reconstruction Contract - Consent Agenda for 7-30-2024 (Bonding and Insurance) - Shilo Nellis - Outlook
The contents of this e-mail message, including any attachments, are intended solely for the use of the person or entity to
whom the e-mail was addressed. It contains information that may be protected by attorney-client privilege, work -product,
or other privileges, and may be restricted from disclosure by applicable state and federal law. If you are not the intended
recipient of this message, be advised that any dissemination, distribution, or use of the contents of this message is strictly
prohibited. If you received this message in error, please contact the sender by reply e-mail. Please also permanently delete
all copies of the original e-mail and any attached documentation. Please be advised that any reply to this email may
be considered a public record and be subject to disclosure upon request. Thank you.
From: Dave Bren <dbren ?grantcountyv�a.gov>
Sent: Tuesday, July 23, 2024 11:50 AM
To: Rebekah M. Kaylor <rmkqyLor@grantcountywa.gov>; Barbara G. Duerbeck <bgduerbeck grantcounty a.g Qv>
Cc: Samuel Castro <samcastrograntcounty1.90v>; Shilo Nellis <snellisgrantcountywa.gov>, gob Bersanti
< b be rs a nt: i g ra ntco u ntyvva . ov>
Subject: Road H -SE Reconstruction Contract - Consent Agenda for 7-30-2024
Hi Rebekah and Barb,
The contract for CRP 19-10 Road H -SE Reconstruction needs to be on the agenda for 7-30-2024 as
construction begins on 8-5-2024. '
Please review and send to the BOCC as soon as practicable. The originals should be delivered toY ou
soon. This is the same contract for all our road construction projects.
I really appreciate your help,
www.g ra ntco u ntywa , 92Y
Dave Bren, P E, MSCE
Grant County Road Engineer
Office: 509.754.6082
Email: dbren a@grantcountywa.g9v
124 Enterprise Street SE
Ephrata, WA 98823
NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail account may be a public
record. Accordingly, this e-mail, in whole or in part, may be subject to disclosure pursuant to RCW 42.56, regardless of any claim of
confidentiality or privilege asserted by an external party.
From: Dave Bren <dbren,(@grantcountywa.gov>
Sent: Wednesday, July 17, 2024 8:34 AM
To: Rebekah M. Kaylor <rmkaylor@grantcountywa.gov>
Cc: Samuel Castro <samcastrgrantcountywa.goe>; Shilo Nellis <sn�ellis ?grantcountywa.gov>, Bob Bersanti
<bbersanti grantcountyvra.govr>
Subject: Road H -SE Reconstruction Contract - Consent Agenda for 7-23-2024
Hi Rebekah,
The signed Road H -SE Contract Package originals for BOCC signature should be delivered toY ou late
today or early tomorrow.
I wanted to give you a heads up to expect them for review.
I really appreciate your help,
about:blank
3/4
7/23/24,4:16 PIVI
RE: Road H -SE Reconstruction Contract - Consent Agenda for 7-30-2024 (Bonding and Insurance) - Shilo Nellis - Outlook
www.grantcountywa.gov
Dave Bren, PE, MSCE
Grant County Road Engineer
Office: 509.754.6082
Email: grantcounty-W-2..92-V
124 Enterprise Street SE
Ephrata, WA 98823
NOTICE OF PUBLIC DISCLOSURE. This e-mail account is public domain. Any correspondence from or to this e-mail account may be a public
record. Accordingly, this e-mail, in whole or in part, may be subject to disclosure pursuant to RCW 42-56, regardless of any claim of
confidentiality or privilege asserted by an external party.
From: Bob Bersanti <bbersgnti@grantcountywa.ggv>
Sent: Wednesday, July 17,,2024 8:21 AM
To: Shilo Nellis <snelli grantcoun1y)6La.ggv>
Cc: Dave Bren <dbren- grantcouyAa.g g_nt wav>
._
Subject: Contract
Can we get this on next week's agenda. 4 originals were mailed and should be here today or tomorrow.
Thanks
Bob Bersanti
Design/Construction Engineer
Grant County Public Works
(509)754-6082 Ext. 3503
bbersgnfi@grantcountyAa.gov
about:blank
4/4