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Insurance - Teaman, Ramirez & Smith, Inc 2020-03-23CERTIFICATE OF LIABILITY INSURANCE DATE 3/23/202 (M /202YYY) 0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 License # OC36861 CONTACT Karen M Adcock NAME: Inland Empire-Alliant Insurance Services, Inc. PHONE FAX 6S5 Carnegie Dr Ste 265 (A/C, No, Ext): (909) 886-9861 (AIC, No):(909) 886-2013 E-MAIL_ - - San Bernardino, CA 92408 ADDRESS: KAdcock@alliant.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Travelers Casualty and Surety Company of America'41194 INSURED INSURER B :_Travelers Property Casualty Company gYAmericax/25674 Teaman, Ramirez & Smith, Inc. INSURER C: Oak River Insurance Company ,,/ 34630 4201 Brockton Ave 100 INSURER D: Navigators Insurance Company '� 42307 Riverside, CA 92501 INSURER E: INSURER 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 :NDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDlYYYY } (MM/DDlYYYY} LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ _ 2,000,000' CLAIMS -MADE X OCCUR 680-1393XO6A-20-42 1/10/2020 1/10/2021 PREM SESO(Ea NT ante) $ 300,000:: 5`J04 MED EXP (Any one person) $ 2'000'000: PERSONAL & ADV INJURY $ GEN'L AGGREGATE ,-IMiT APPLIES PER. GENERAL AGGREGATE $ 4.000,000 X POLICY JE O LOC PRODUCTS - COMPIOP AGG $ 4,000,On0 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2,000,000 (Ea accident) $ ANY AUTO 680-1393XO6A-20-42 1/1012020 1/10/2021 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIRED X NON -OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ _ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS MADE CUP1530X948 1/10/2020 1110/2021 1.000'ftj AGGREGATE $ DEC) X RE`ENTON$ 10,000 Prod/Co Agg $ 1,000,:-30 C WORKERS COMPENSATION X PER OTH- ---� - --- AND EMPLOYERS' LIABILITY Y/ STATUTE ER �,NY,'ROPRIETORIPARTNERiEXECUTIVE TEWC120397 4/1/2020 4/1/2021 E.L. EACH ACCIDENT $ 1,000.000E 4FFI^cR/l11EM8ER EXCLUDED? N / A tMaridaiory in NH) 1,030,000if yes: describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ 1300000 ' ' D Professional Liab CE20APLOA3Y281V 1/1/2020 1/1/2021 Each Claim v,ilOfi3O is DESCR,PTION OF OPERATIONS t LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Operations pertaining to the named insured for certificate holder. Costa Mesa Sanitary District, their elected and appointed officials, agents, officers, votufi.eers, and employees are Additional Insured with Primary/Non-contributory on general liability per endorsement attached. CERTIFICATE HOLDER CANCELLATION Costa Mesa Sanitary District � '41 ��ao a� 290 Paularino Ave Costa Mesa, CA 92626 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVE_RF IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) � 1988-2015 ACORD CORPORATION. All rights reserved, POLICY NUMBER: 680-1393XO6A-20-42 Various provisions in this policy restrict coverage. Read the entire policy carefully tD determine rights, duties and what is and is not covered. Throughout this policy the words "you„ and "your" refer to the Named insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section I — 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 those sums that the insured becomes legally obligated to pay as damages because of "bodiy injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section 91 — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable emit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. COMMERCIAL GENERAL LIABILITY (1) The "bodily injury" or „property damages 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. of Section Ii — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim knew that the "bodily inW' or "property damages had occurred, in whole or in part. if such a listed insured or authorized "employee" knew, prior to the policy period, that the ,bodily injury, or "property damage" occurred, then an continuation. change or resumption of an "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prier to the policy period. c. "Bodily injury' or "property damage" which occurs during the policy period and was noL prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to gave or receive notice of an "occurrence" or claim, includes any continuations, change or resumption of that "bodly inky" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damages will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section N — 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 in jt W or "property damage" to us or any other insurer; No other obligation or liability b pay sums or (2) Receives a written or verbal demand or perform acts or services is covered unless claim for damages because of the "bodily explicitly provided for under Supplementary injury" or „property damage"; or Payments. (3) Becomes aware by any other means that b. This insurance applies to "bodily injury, and "bodily inW or "Property damage" has "property damage" only if: occurred or has begun io occur. CGT 1 O d 4 219 0 2017 The Travelers Indemnity Company. Al rigiois reserved, Page 1 of 21 includes copyrighted material of hsurance Sergi Office, Inc. wNh is permission. COMMERCIAL GENERAL LIABILITY e. Damages because of "body inW include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily is jury". 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 "body injury, or "property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily iin jury" 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 that the "bodily inky►► or "property damage" occurs subsequent io the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of "bodly injury" or "property damage", provided that: (a) 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. c. Liquor Liability "Bodily mW► or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only I you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person lo bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e Employer's Liability "Body 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 consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "'insured contract". Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) Al a from any premises, site or location which is a was at any time owned or occupied by. or rented or loaned to, any insured. However, this subparagraph does not apply to: (2) The furnishing of alcoholic beverages to a (i) "Body injury" if sustained within a person under the legal oinking age or building and caused by smoke, under the influence of alcohol or fumes, vapor or soot produced by or originating from equipment that Page 2 of 21 0 2017 The TraveWs Indemnity Corr My. Al reserved. C G T i a 4 a 219 Includes copyrighted matedW d In strance Services office. ka. wkh its permission. COMMERCIAL GENERAL LIABILITY is used to heat, cool or dehumidify to perform the normal electrical, the building, or produced by or hydraulic or mechanical functions originating from equipment that is necessary for the operation of used to heat water for personal "mobile equipment" or its parts, r use by the building.'s, occupants or such fuels, lubricants or other their guests; operating fluids escape from a (11) "Bodily injury" or "property vehicle part designed to hold, store damage" for which you may be or receive them. This exception held liable, W you are a contractor does not apply I the "bodily injury" and the owner or lessee of such or "property damage" arises out of premises, site or location has been the intentional discharge, dispersal added W your policy as an or release of the fuels, lubricants additional insured with respect to or other operating fluids, or I such your ongoing operations performed fuels, lubricants or other operating for that additional insured at that fluids are brought on or to the premises, site or location and such premises, site or location with the premises, site' or location is not intent that they be discharged, and never was owned or occupied dispersed or released as part of by, or rented or loaned to, any the on being performed by insured, other than that additional such insured, contractor or insured; or subcontractor; (111) "Bodily injury" or property (11) "Bodily injury" or "property damage" arising out of heat, damage" sustained within a smoke Or fumes from a "hostile building and caused by the release fire"; of gases, fumes or vapors from (b) At or from any premises, site or materials brought into that building location which is or was at any time in connection with operations being used by or for any insured or others for performed by you or on your behalf the handling, storage, disposal, bY a contractor or subcontractor: or processing or treatment of waste; W 9 such "pollutants" are or were at any illi) "Bodily injury" or "property time transported, handled, stored, damage" arising out of heat, treated, disposed of, or processed as smoke or fumes from a "hostile waste by or for: fire", or (i) Any insured; or (e) At or from any premises, site or (1111) Any person or organization for location on which any insured or any whom you may be legally contractors or subcontractors working responsible; directly or indirectly on any insured's (d) At or from any premises, site or behalf are or were at any time performing operations to test for, location on which any insured or any monitor, clean up, remove, contain, contractors or subcontractors wor"treat detoxify, or neutralize, or in any directly or indirectly on any instiW to, assess "the e ff iecU behalf are performing operations il' the., of, "pollutanW'. "pollutants" are brought on or td_ the premises, site or location in connection (2) Any toss, cost or expense arising out of with such operations by such insured, any. contractor or subcontracitor. However, this subparagraph does not apply to. (a) Request, demand, order or statutory or (i) "Bodily injury" or "property regulatory requirement that any insured damage" arising out of the escape or others test for, monitor, clean up, remove, contain, detoxify or of fuels, lubricants or other neutralize, or in any way respond to, or operating fluids which are needed assess the effects of, "pollutants"; or CG T10002 19 ® 2017 The Travelers indemnity Company. AN this reserved. Page 3 of 21 In"s copyrkjNed materW of hmeance Serview Ofr", k -n-, wth b permission. COMMERCIAL GENERAL LIABILITY (b) Claim or suit by or on behalf of any (b) The operation of any of the machinery governmental authority or any other or equipment fisted in Paragraph f.(2) person or organization because of or f.(3) of the definition of "mobile testing for, monitoring, Gleaning up, equipment"; or removing, containing, treating, detoxifying or neutralizing, or in any (6) An aircraft that is: way responding to, or assessing the (a) Chartered with a pilot to any insured; effects of, "pollutants' . (b) Not owned by any insured; and g. Aircraft, Auto Or Watercraft (c) Nat being used to Garry any person or "Bodily injury" or "property damage" arising out property for a charge. of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or h. Mobile Equipment watercraft owned or operated by or rented or "Bodily injury" or "property damage" arising out loaned to any insured. Use includes operation of: and 'loading or unloading" (1) The transportation of "mobile equipment" This exclusion applies even I the claims by an "auto" owned or operated by or against any insured allege negligence or other rented or loaned to any insured: or wrongdoing in the supervision, haring, employment, Training or monitoring of others by ;2) The use of "mobile equipment" m, or while that insured, f the "occurrence" which caused n practice for, or while being prepared for, the "bodly injury" or "property damage" involved prearranged racing, speed, demolition, the ownership, maintenance, use or or �' stunting activity entrustment to others of any aircraft, "auto" or i. War watercraft that is owned or operated by or "Bodily loW1 or "property damage" arising out rented or loaned to any insured. of. This exclusion does not apply to: (1) War, including undeclared or civil war; (1) A watercraft while ashore on premises you (2) WarIke action by a military force, including own or rent; action in hindering or defender against an (2) A watercraft you do not own that is: actual or expected attack, by any (a) 50 feet long or less: and government, sovereign or other authority using military personnel or other agents; or (b) Not being used tis Garry any person or property for a charge; (3) Insurrection, rebellion, revolution, usurped power. or action taken by governmental (3) Parking an "auto" on, or on the ways next authority in hindering or defender against to. premises you own or rent, provided the any of these. "auto" is not owned by or rented or loaned j. Damage To Property to you or the insured; "Property damage" to: (4) Liability assumed under any 'insured contract" for the ownership, maintenance or (�) Property you own, rent, or occupy, use of aircraft or watercraft: including any casts or expenses incurred by or any other person, orgarozati� � (5) "Bodily njury" or "property damage" arising entity, epi', replacement, out of.Y enhancement, restoration or maintenance (a) The operation of machinery or of such property for any reason, including equipment that is attached to, or part prevention of injury to a person or damage of, a land vehicle that would qua* as to another's property; "mobile equipment" under the definition (2) Premises you sell, give away or abandon, I of "mobile equipment" I such land the "property damage" arises out of any vehicle were not subject to a part of those premises; compulsory or financial responsibility law, or other motor vehicle insurance (3) Property wed Y law, where it is licensed or principally (4) Personal property in the Gare, custody or garaged: or control of the insured; Page 4 of 21 0 2017 The Travelers indemnky Cwnpany. Aj rir�ts resented CG Tt flti 0 219 Includes mpyrigtted material tai Insurance Services office, Ire. with Ift permission. COMMERCIAL GENERAL LIABILITY (5) That particular part of real property on accidental physical injury to "your product" or which you or any contractors or "your worm" after 1 has been put to its intended subcontractors working directly or indirectly use. on your behalf are performing operations, I n. Recall X f Products, Work Or Impaired the `property damage arises out Of those P operations; or Property (6) That particular part of any property that Damages claimed for any loss, coast or expense must be restored, repaired or replaced incurred by you or others for the loss of use, because "your work" was incorrectly withdrawal, recall, inspection, repair, performed on ft. replacement. adjustment, removal or disposal of: Paragraphs (1), (3) and (4) of this exclusion do not apply to "premises damage". A separate limit of insurance applies to "premises damage" as described in Paragraph 6. of Section III — Limits Of Insurance. 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 (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of It, 1. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included h 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. m. Damage To Impaired Property Or Property Not Physically Inked "Property damage'r to 'Impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous conchtion in "your product, or "Your 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 (1) "Your product"; (2) "Your work or (3) "Impaired property"; I 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. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury p 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" +q, Unsolicited Communication "Bodily inoy, or .property damage" arising out of any actual or alleged violation of any law that restricts or prohibits the sending, transmitting or distributing of "unsolicited communication". r. Access Or disclosure Of Confidential or Personal Information "Bodily injury" or "property damage" arising out of any access to or disclosure of any person's or organization's confidential or personal information. s, Asbestos (1) "Bodily injury" or "property damage" arising out of the actual or alleged presence or actual, alleged or threatened dispersal of asbestos, asbestos fibers or products containing asbestos, provided that the "bodily inW** or "property damage'* is caused or contributed to by the hazardous properties of asbestos. CG T 10 0 0 213 0 2017 The Travers Indemnity C mpsny, AD rfqNs reserved. Page 5 of 21 Inckides copyrthted material of frourance Services 01`11", Inc. wilt its permission. COMMERCIAL GENERAL LIABILITY (2) "Bodily injury" or "property damage" arising out of the actual or alleged presence or actual, alleged or threatened dispersal of any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste, and that are part of any claim or "suit" which also alleges any "bodily injury" or "property damage" described in Paragraph (1) above. (3) 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, dean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, asbestos, asbestos figs or products containing asbestos; or (b) Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, asbestos, asbestos fibers or products containing asbestos. t Employment -Related Practices "Body 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 practice, policy, act or omission, such as coercion, demotion, evaluation, reassignment, discipline, fa*xe to promote or advance, harassment, humiliation, discrimination, libel, slander, violation of the person's right of privacy, malicious prosecution or false arrest, detention or imprisonment applied to or directed at that person, regardless of whether such practice, policy, act or omission occurs, is applied or is committed before, during or after the time of that person's employment; or (2) The spouse, child, parent, brother or sister of that person as a consequence of *bodily inJLW to that person at whom any of the employment-related practices described in Paragraph (a), (b),or (c) above is directed. This exclusion applies whether the insured may be Mable as an employer or in any other capacity and to any obligation to sure damages with or repay someone else who must pay damages because of the "bodily injury, Exclusions c. through n. do not apply to "premises damage". A separate Unit of insurance applies to "premises damage" as described in Paragraph 6. of Section III — Limits Of Insurance. COVERAGE B — PERSONAL AND ADVERTISWG INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages 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 arose damages. 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. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or 8 or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. h This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only ( the offense was committed in the "coverage territory" during the policy period, 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or A the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". Page 6 of 21 0 2017 'lire Travelem indw"ty Company. Ail 69to reserved CGT 1©0 8 219 k -Dudes copyrOW materW of Irwrance Services office, W- WAh hs permleskn This exclusion does not apply to "personal injury', caused by malicious prosecution. b. Material Published With Knowledge of Falsity "Personal and advertising inky" arising out of oral or written publication, including publication by electronic means, of material, I done by or at the direction of the insured with knowledge of its falsity. c. Material Published Or Used Prior To Policy Period (1) "Personal and advertising ink" arising out of oral or written publication, including publication by electronic means, of material whose first publication took place before the beginning of the policy period; or (2) "Advertising - injury" arising out of infringement of copyright, "title" or "slogan" in your "advertisement" whose first infringement in your "advertisement" was committed before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. P- Contractual Liability "Personal and advertising injury" for which the insured has assumed 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) Because of "personal in jar" assumed by you in a contract or agreement that is an 'Insured contract", provided that. the "personal injury" is caused by an offense committed subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed by you in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of "personal injury,, ry ,, provided that: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed by you in the same "insured contract". and COMMERCIAL GENERAL LIABILITY against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. f. Breach Of Contract „Advertising injury" arising out of a breach of contract. g. Quality Or Performance Of Goads - Failure To Conform To Statements "Advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Advertising injury"" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". L intellectual Property "Personal and advertising injury" arising out of any actual or alleged infringement or violation of any of the following rights or laws, or any other "personal and advertising injury" alleged in any claim or "suit" that also alleges any such 'infringement or violation: (1) Copyright; (2) Patent; (3) Trade dress; (4) Trace name; (5) Trademark; (6) Trade secret; or (7) Other intellectual property rights or laws. This exclusion does not apply to: (1) "Advertising injury," arising out of any actual or alleged infringement or violation of another's copyright, "title" or "slogan" in your "advertisement"; or (2) Any other "personal and advertising injury" alleged in any claim or "suit'" that also alleges any such infringement or violation of another's copyright, "title" or "slogan" in your "advertisement". j. Insureds In Media And Internet Type Businesses "Personal and advertising inky" caused by an offense committed by an insured whose business is: (b) Such attorneys' fees and litigation (1) Advertising, "broadcastingor ublishin expenses are for defense of that party 9 9 P 9: CG T 10 tl 0 219 0 2017 The Travelers Indemnity Company. AN rkAs reserved Page 7 of 21 Includes copyriMW material of Insurance Services Ofrae, Inc, with its permission. COMMERCIAL GENERAL. LIABILITY (2) Designing or determining content of websites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply iD Paragraphs a.(1), (2) and (3) of the definition of "personal injury". For the purposes of this exclusion; (1) Creating and producing correspondence written in the conduct of your business, bulletins, financial or annual reports, or newsletters about your goods, products or services will not be considered the business of publishing; and (2) The placing of frames, borders or links, or advertising, for you or others anywhere on the Internet will not, by itself, be considered the business of advertising, "broadcasting" or publishing. k Electronic Chatrooms Or Bulletin Boards "Personal and advertising in jur)r" arising out of an electronic chatroom or bulletin board the insured hosts or owns, or over which the insured exercises control. L Unauthorized Use Of Another's Name Or Product "Personal and advertising inW arising out of the unauthorized use of another's name or product in your e -mal address, domain name or metatag, or any other similar tactics to mislead another's potential customers. m, Pollution 'Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -Related Any loss, cost or expense arising out of any. (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, dean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or neutralizing, or in any way responding to,or assessing the effects of, "pollutants". o. War „Personal and advertising injury" arising out of, (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defemfing 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. P. Unsolicited Communication "Personal and advertising injury, arising out of any actual or alleged violation of any law that restricts or prohibits the sending, transmitting or distributing of "unsolicited communication". q. Access or Disclosure Of Confidenital Or Personal Information "Personal and advertising injury, arising out of any access to or disclosure of any person's or organization's confidential or personal information. r. Asbestos (1) "Personal and advertising injury" arising out of the actual or alleged presence or actual, alleged or threatened dispersal of asbestos, asbestos fibers or products containing asbestos, provided that the "personal and advertising inky" is caused or contributed to by the hazardous properties of asbestos. (2) "Personal and advertising in jury" arising out of the actual or alleged presence or actual, alleged or threatened dispersal of any solid liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste. and that are part of any daim or "suit" which also alleges any "personal and advertising injury" described in Paragraph (1) above. (3) Any loss, cost or expense arising out of any. (2) Claim or suit by or on behalf of any (a) Request, demand, order or statutory or governmental authority or any other person regulatory requirement that any insured or organization because of testing for, or others test for, monitor, clean up, monitoring, cleaning up, removing, remove, contain, treat, detoxify or containing, treating, detoxifying or neutralize, or in any way respond to, or Page 8 of 21 0 2017 The Travelers tndemrdty Cxompany. AN res reserved. CGT 1 a Q ti 219 fnckdes capyrhted material d insurance Services office, Mc. with ts pe"sslon. assess the effects of, asbestos, asbestos fibers or products containing asbestos; or (b) Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, asbestos, asbestos fibers or products containing asbestos. s. Employment -Delated Practices "Personal 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 practice, policy, act or omission, such as coercion, demotion, evaluation, reassignment, discipline, failure to promote or advance, harassment, humiliation, discrimination, libel, slander, violation of the person's right of privacy, malicious prosecution or false arrest, detention or imprisonment applied to or directed at that person, regardless of whether such practice, policy, act or omission occurs, is applied or is committed before, during or after the time of that person's employment; or COMMERCIAL GENERAL LIABILITY (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the poky period; (b) The expenses are incurred and reported tD us within one year of the date of the accident; and (c) The injured person submits io examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and feral services, 2. Exclusions We WN not pay expenses for 1xdily injury": a. Any Insured To any insured, except "volunteer workers". b, Hired Person C. (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal injury" b that person at whom any of the employment-related practices d, described in Paragraph (a), (b), or (c) above is directed This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation b share damages with or repay someone else who must pay damages because of ti{a "personal injury". COVERAGE C — MEDICAL PAYMENTS 1. Insuring Agreement To a person bred to do work for or on behalf of any insured or a tenant of any insured. injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies, lilt'orkers' Compensation And Similar maws To a person, whether or not an "employee" of any insured, t benefits for the 'bodily in jury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e, Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. a. We will pay medical expenses as described f. Products -Completed Operations Hazard blow for "bodily injury" caused by an accident: Included within the "products -completed (1) On premises you own or rent operations hazard". (2) On ways next to premises you own or rent; 9. Coverage A Exclusions or Excluded under Coverage A. CG T 10 0 0 2 19 0 2017 The Travelers indenuity, Company. AN rights reserved. Page g of 21 Incus wpyrig'zW material d Insurance Smices Office, Inc. with its permission COMMERCIAL GENERAL LIABILITY SUPPLEMENTARY PAYMENTS 1. We will pay, with respect to any claim ft investigate or settle, or any "suit" against an insured we defend:- a. efend: a. All expenses we incur. b. Up to $2,500 for the cost of bad bonds recuired because of accidents or traffic law violations arising out d the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furrier these bonds. c. The cast 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 Ail 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 $5t3Q a day because of time off from work. e. AN court costs taxed against the insured in the "suit". However, these payments do not include attorneys" fees or attorneys' expenses taxed against the insured. E Prejudgment interest awarded against the insured on that part of the judgment we pay. if we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. AN interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we Wil defend that indemnitee f 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"; assumed by the insured in the same "insured contract"; d The allegations in the "suit" and the information we know about the "occurrence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit' (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit", (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2} Provides us with written authorization to. (a) Obtain records and other information related to the "suit'; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our realest will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section i — Coverages — Coverage A — Bodily injury And Property [damage Liability or Paragraph 2.e. of Section I — Coverages — Coverage B — Personal And Advertising Injury Liability, such payments will not be deemed to be damages for "bodily in jury", "property damage" or "personal injury", and will not reduce the limits of insurance. b. This insurance applies to such liability assumed Our obligation to defend an insureds indemnitee by the insured; and to pay for attorneys" fees and necessary c The obligation to defend, or the cost of the litigation expenses as Supplementary Payments defense of, that indemnitee, has also been ends when: Page 10 of 21 0 2017 The Travelers lnd mnity Company. Al rights reserved CG T" 100 0 219 includes ccWgMed material of insurance Services Office, Inc. with its permission. a V* have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION N — WHO IS AN INSURED 1. If you are designated in the Declarations as: a An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e, A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related b the conduct of your business, or your "employees", other than either your '►executive officers" (d you are an organization other than a partnership, joint venture or limited liability company) or your managers (i€ you are a limited liability company), but only for acts within die scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for; (1) "Soddy injury" or "personal injury (a) To you, to your partners or members (€ you are a partnership or joint venture), to your members (if you are a limited liability company), to a co =employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer COMMERCIAL GENERAL LIABILITY workers" while performing duties related to the conduct of your business; (b) To the spouse. child, parent, brother or sister of that co -"employee" or "volunteer worker's as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide first aid or "Good Samaritan services" by any of - your "employees" or "volunteer workers°', other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work burs for you wi11 be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exerclsed for any purpose by; you. any of your "employees", "volunteer workers", any partner or member (d you are a partnership or joint venture), or any member (if you are a limited liability company). lx Any person (other than your "employee," or "volunteer worker"), or any organization, while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property If you die, but only: (1) With respect to liabity arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. CGT 10 0 0 219 0 2037 The Travers indemnity Company. Al dgt is reserved. Page 11 of 21 tnckies copyriohted material of insurance ;services Office, int. with its permission. COMMERCIAL GENERAL LIABILITY d. Your legal representative V you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. a Any person or organization that, with your express or implied consent, either uses or is responsible for the use of a watercraft that you do not own that is: (1) 50 feet long or less; and (2) Not being used to carry any person or property for a charge. 3 Any organization you newly acquire or form, other than a partnership, joint venue or limited lability company, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%. will qualify as a Named Insured N Owe is no other similar insurance available to that organization. however., a Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 5. b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c, Coverage S does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1, of Section N — Who Is An Insured, each such organization will be deemed to be designated in the Declarations as: a. An organization, other than a partnership, joint venture or limited liability company; or b. A trust; as indicated in its name car the documents that govern its structure. 4. Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for IxAily injury". "property damage" or "personal and advertising inoy' that: a. Is "bodily injury" or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement, and b Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor is subject to the following provisions: a. The limits of insurance provided to such premises owner, manager or lessor Wll be the minimum limits that you meed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such premises owner, manager or lessor cues not apply to. (1) Any "bcKSY injury" or "property damage" that occurs, or "personal and advertising injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, manager or lessor. Any person or organization that is an equipment lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "body injury", "property damage". or "personal and advertising injury, y' that: a. Is "bodily injury" or "property damage" that occurs, or is "personal and advertising in jury" caused by an offense that is committed, subsequent to the signing of that contract or agreement; and lau Is caused, in whole or in part, by your acts or omissions in the maintenance, operation cr use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a The limits of insurance provided to such equipment lessor will be the minimum omits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such equipment lessor does not apply to any "body injury„ or "Property damage" that occurs, or "personal and advertising injury" caused by an offense that is committed, after the equipment lease expires. No person or organization is an insured with respect to the conduct of any current or past partnership, joint Page 12 of 21 0 2417 The Travelers Wenmity Company. AN res reserved CGT 1 Q 0 0 219 Includes copyrWed material of kvwance Services Office, Inc. wriM Ns permission. venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership, joint venture or limited liability company that otherwise qualifies as an insured under Section q - Who Is An Insured. SECTION III -- LIMITS OF: INSURANCE 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 or "suits" brought, or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most vve will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard'; and c. Damages under Coverage B. 3. The Products -Completed Operations Aggregate Limit is the most we wilt pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". Q Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sun of all damages because of all "personal injury" and "advertising injury" sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each occurrence Limit is the most woe will pay for the scan of: a. Damages under Coverage A; and b. Medical expenses under Coverage C; because of all "bodily injury" and "property damage" arising out of any one "occurrence". For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing b provide first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 6 Subject to Paragraph S. above, the Damage To Premises Rented To You Limit is the most vfs will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will be: COMMERCIAL GENERAL LIABILITY a. The amount shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part; or K $300,000 1 no amount is shown for the Damage To Premises Rented To You Limit in Me Declarations of this Coverage Part, 7. Subject to Paragraph S. 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. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period d 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 d less than 12 months. In that case, the additional' period will be deemed part of the last preceding period for purposes d determining the Limits of Insurance. SECTION IV — COMMERCIAL. GENERAL. LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2, 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 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; 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"; CG T 10 0 0 2 19 ® 2017 The Travelers Index ity Company. An ruts reserved Page 13 of 21 Includes capyriglted materiel of insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (2) Authorize us tD obtain records and other information; (3) Cooperate with is in the investigation or settlement ct the claim or defense against the "suit': and (4) Assist us, upon our rust, 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 est aid, without our consent. e. The following provisions apply to Paragraph a. above. but only for purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. d Section I — Who Is An Insured: (1) Notice to us of such "occurrence" or offense must be given as soon as practicable orgy after the "occurrence" or offense is known to you (if you are an individual), any of your partners or members who is an individual (d you are a partnership or joint venture), any of your managers who is an individual (d you are a limited liability company), any of your "executive officers" or directors (if you are an organization other than a partnership, joint venture, or limited liability company), any of your trustees who is an individual (d you are a trust) or any klemployee" authorized by you to give notice of an Noccurrence" or offense. (2) If you are a partnership, joint venture, limited liability company or trust, and none of your partners, joint venture members, managers or trustees are 'individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known by. (a) Any individual wt* is: (i) A partner or member of any partnership or joint venture; (ii) A manager of any limited liability company; {iii} An executive officer or director of any other organization; or {iv) A trustee of any trust, that is your partner, joint venture member, manager or trustee; or (b) Any employee authorized by such partnership, joint venue, united liability company, trust or other organization to give notice of an "occurrence" or offense. (3) Notice to US of such "occurrence" or offense will be deemed to be given as soon as practicable I it is given in good faith as soon as practicable too your workers, compensation insurer. This applies only I you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons described in Paragraph e.(1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, I this poky includes an endorsement that provides limited coverage for "bodily in jury'" or "property damage" or pollution costs arising out of a discharge, release or escape of "pollutants" which contains a requirement that the discharge. release or escape of "pollutants„ must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that requirement. 3. Legate 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 at of its terms have been fully complied 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 its Coverage Part or that are in excess of the applicable limit of insurance. An meed settlement means a settlement and release of liability signed by us, the insured, and the claimant or the claimant's legal representative. Pate 14 o f 21 0 2017 The Tmvelers Indemrity CorVany. loll rights reserved CGT 10 0 0 219 includes copyrighted mem d Insurance Servkm Office, hc. NAO its permissiom COMMERCIAL GENERAL LIABILITY 4, Other Insurance (I1) That is insurance for "premises If valid and collectible other insurance is available to damage"; the insured for a loss we cover oder Coverages A (111) If the loss arises out d the or B of this Coverage Part, our obligations are maintenance or use of aircraft, limited as described in Paragraphs a. and b, below. "autos" or watercraft to the extent As used anywhere in this Coverage Part, other not subject to any exclusion in this insurance means insurance, or the funding of Coverage Part that applies to losses, that is provided by, through or on behalf of. aircraft, "autos" or watercraft; (i) Another insurance company; (1v) That is insurance available to a (ti) Us or any of our affiliated insurance companies, premises owner, manager or lessor that quaViies as an insured except when the Non cumulation of Each under Paragraph Ak of Section 11 — Occurrence Limit provision of Paragraph S. of Who Is An Insured, except when Section 111 — Limits Of Insurance or the Ion Paragraph d. below applies, or cumulation of Personal and Advertising Injury Limit provision of Paragraph d. of Section III — (v) That is insurance available to an Limits of Insurance applies because the equipment lessor that qualifies as Amendment — Non Cumulation Of Each an insured under Paragraph S. of Occurrence Limit Of Liability And Non Section # — Who Is An Insured, Cumulation Of Personal And Advertising injury except when Paragraph d below Limit endorsement is included in this policy; applies. (Iii) Any risk retention group; or (b) Any of the other insurance, whether rimaexcess,c nt or on an (Iv) Any self-insurance method or program, in of er basis, that ist�avvailable to the which case the insured will be deemed to be insured when the insured is an the provider of other insurance, additional insured, or is any other Other insurance does not include umbrella insured that does not qualify as a insurance, or excess insurance, that was bought named insured, under such other specifically to apply in excess of the Limits of insurance. Insurance shown in the Declarations of this (2) When this insurance is excess, we will Coverage Part. have no duty under Coverages A or R to As used anywhere in this Coverage Part, other defend the insured against any "suit,, 9 any insurer means a provider of other insurance. As other insurer has a duty to defend the used in Paragraph c. below, insurer means a insured against that "suit". If no other provider of insurance. insurer defends, we will undertake to do so, but we will be entitled to the insured's rights a. Primary Insurance against all those other insurers. This insurance is primary except when (3) When this insurance is excess over other Paragraph Ix below applies. If this insurance is insurance, vm will pay only our share of the primary, our obligations are not affected unless amount of the loss, if any, that exceeds the any of the other insurance is also primary. sum of Then, we will share with all that ether insurance (a) The total amount that all such other by the method described in Paragraph c. below, insurance would pay for the loss in the except when Paragraph d. below applies. absence of this insurance, and b. Excessinsurance (b) The total of all deductible and self- insured amounts under all that other (1) This insurance is excess over: insurance. (a) Any of the other insurance, whether (4) We will share the remaining loss, V any, primary, excess, contingent or on any with any other insurance that is not other basis: described in this Excess Insurance provision and was riot bought specifically to (1) That is ire, Extended Coverage, apply in excess of the Limits of Insurance Binder's Risk, Installation Risk or shown in the Declarations of this Coverage sir coverage for "your worts"; Part. CG T 10 0 0 2 19 0 2017 The Travelers indemnity company, Ai rV*s reserved, Page 15 of 21 Includes copyrighted mAerial of Liskoance Servs office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance pewits contributim by equal shares, we will €olow this method also. Under this approach each insurer contributes equal amounts unit it has paid its applicable limit of insurance or none of the loss remains, whichever canes first I any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable lirnit of insurance to the total applicable knits of insurance of all insurers. d, Primary And Non-ContrUdary insurance if Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that; (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by on offense that is committed; subsequent to the signing of that contract or agreement by you. S. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rues and rates. K 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 serd 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. I 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. o:. 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 realest. Representations By accepting this poky, you agree: a The statements in the Declarations are accurate and complete; Ix 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 informationprovided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to coact additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. % Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. & Transfer Of 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. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a Notices that are published include material placed on the Internet or on similar electronic means of corrrnunication; and b. Regarding websites, onty that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement Page 15 oaf 21 ® 2017 The Travelers kx*Av lty Company. AN rk is reserved CGT 1 O 0 O 219 Includes copyrighted mately of Insurance Services Office, Inc. with Its permission. 2. "Advertising injury": a Means injury caused by one or more of the following offenses: (1) Oral or written publication, including publication by electronic means, of material in your "advertisement" that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, provided that the claim is made or the "suit" is brought by a person or organization that claims to have been slandered or libeled, or that claims to have had its goods, products or services disparaged; (2) ural or written publication, including publication by electronic means, of material in your "advertisement" that: (a) Appropriates a person's name, voice, photograph or likeness; or (b) Unreasonably places a person in a false light; or (3) Infringement of copyright, "tale" or "slogan" in your "advertisement", provided that the claim is made or the "suit" is brought by a person or organization that claims ownership of such copyright, "title" or "slogan". b. Includes ''bodily injury" caused by one or more of the offenses described in Paragraph a. above. 3. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law, or other motor vehicle insurance law, where it is licensed or principally garaged. However, "auto" does not include -"mobile equipment". 4 "Bodily injury" means: a. Physical harm, including sickness or disease, sustained by a person; or COMMERCIAL GENERAL LIABILITY b. In, by or with any other electronic means of communication, such as the Internet, W that material is part of: (1) Radio or television programming being transmitted; (2) Other entertainment, educational, instructional, music or news programming being transmitted; or (3) Advertising transmitted with any of such programming. f. "Coverage territory" means: a The LWted States of America (including its territories and possessions), Puerto Rica and Canada, b. International waters or airspace, but only I the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. AN other parts of the world I the injury or damage arises out of: (1) ids or products made or sold by you in the territory described in Paragraph a. above; ('2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication; provided the insured's responsibility to pay damages is determined in a "suit" on the merits in the territory described in Paragraph a. above, or in a settlement we agree to. 7. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or flay disks, Cid-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment, b. Mental anguish, injury or illness, or emotional S. "Employee" includes a "leased worker". "Employee" distress, resulting at any time from such does not include a "temporary worker". physical harm, sickness or disease. S. "Broadcasting" means transmitting any audio or 9 "Executive officer" means a person holding any of visual material for any purpose: the officer positions created by your charter, constitution, bylaws or any other similar governing a. By raga or television; or document. +CGT 1 O 0 0 219 0 2017 The Travelers Indemnity Company. AN rights reserved Page 17 of 21 Includes copyrighted material of Insurance Services Office, Inc, with its permission. COMMERCIAL GENERAL LIABILITY 10. "Good Samaritan services" means any emergency medical services for which no compensation is demanded or received. 11,. "Hostile fre" means a fire which becomes uncontrollable or breaks out from where it was intended to be. 12. "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 fulfil the terms of a contract or agreement; iF such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. 13. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of 14. premises that indemnifies any person or organization for "premises damage" is not an "insured contract"; b. A sidetrack agreement: c. Any easement or license agreement, except in connection with construction or demolition operations on or within 54 feet of a railroad; d An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another ply b pay for "bodily injury", "property damage" or "personal injury" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) -That indemnifies a railroad for "bodily injury- or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any rakoad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, V an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those meted in Paragraph (2) above and supervisory, inspection, architectural or engineering activities. "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 io the conduct of your business. "Leased worker" does not include a "temporary worker". 15. "Loading or unloading" means the handling of property: a. After d is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto", or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by mans of a mechanical device, other than a hand truck, that is not attached ID the aircraft, watercraft or "auto". 16. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on drawler treads; Page 18 of 21 0 2017 The Travelers Indemmy Company.. AM rights reserved CG T "10 0 0 2"19 Incudes copyrighted material of insurance services Office, Inc. vsrlth its per"ssim d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in 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: (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 trunk chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any 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. Such land vehicles are considered"autos". COMMERCIAL GENERAL LIABILITY h An act or omission committed in providing or failing to provide first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 18, "Personal and advertising injury" means "personal injury" or "advertising in jury" 19. "Personal in jury": a. Means injury, other than "advertising injury", caused by one or more oaf the following offenses: (1) False arrest, detention or imprisonment; (2) Malicious prosecution; (3) 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, provided that the wrongful eviction, wrongful entry or invasion of the right of private occupancy is committed by or on behalf of the owner, landlord or lessor of that room, dwelling or premises; (4) Oral . or written publication, including publication by electronic means, of material that slanders or libels a person 'or organizatior; or disparages a person's or organization's goods. products or services, provided that the claim is made or the "suit" is brought by a person or organization that claims to have been slandered or libeled, or that claims to have had its goods, products or services disparaged; or (5) Oral or written publication, including publication by electronic means, of material that: (a) Appropriates a person's name, voice, photograph or likeness; or (b) Unreasonably places a person in a false light. b. Includes "bodily injury" caused by one or more of the offenses described in Paragraph a above. 17. "Occurrence" means: 20. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, a. An accident, including continuous or repeated vapor, soot, fumes, acids, alkalis, chemicals and exposure to substantially the same general waste. Waste includes materials to be recycled, harmful conditions; or reconditioned or reclaimed. CGT 14 4 0 219 0 2017 The Travelers Indemnity CwMany. AN rkjN3 reserved.. Page 19 of 21 Includes copyrighted material cf Insurance Services Office, Inc.. wkh its perrrission,