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Insurance - Teaman, Ramirez & Smith, Inc - 2020-01-02TEAMRAM-01 KADCOCK r '4CVRv CERTIFICATE OF LIABILITY INSURANCE �-•-"'' - DATE1/2/2 D/YYYY) OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 1 /2!2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OC36861;CONTACT Karen M Adcock ! NAME: Inland Empire-Alliant Insurance Services, Inc. !, ac°O,Nr o, EXt): (909) 886-9861 FAX No):(909) 886-2013 685 Carnegie Dr Ste 265 San Bernardino, CA 92408 _ADDRESS: KAdcock@alliant.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Travelers Casualty and Surety Company of America 1194 INSURED ! INSURER B: Travelers Property Casualty Company of America 25674 Teaman, Ramirez & Smith, Inc. j INS RER C: Oak River Insurance Com an34630 4201 Brockton Ave 100 INSURER D : Navigators Insurance Company 142307 Riverside, CA 92501 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !/goloTHE INSR ! ADDL!SUBR' LTR ! TYPE OF INSURANCE INSD WVD ! POLICY NUMBER POLICY EFF POLICY EXP ! MMlDDlYYYY MMlODlYYYY LIMITS A X COMMERCIAL GENERAL LIABILITYEACH 2,000,000 CLAIMS MADE X ;OCCUR 680-1393XO6A-2O-42 _ OCCURRENCE $ 1/10/2020 1/10/2021 j DAMAGE TO RENTED PREMISES (Ea occurrences $ 300,000 - --- --- ---- MED EXP (Any one person ; $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE 4,000,000 PRO - POLICY JLOC 4,000,000X OTHER: A AUTOMOBILE LIABILITY j _ COMBINED SINGLE LIMIT (Ea accident) _ $ 2,000,000 ANY AUTO j 680-1393XO6A-20-42 1 1/10/2020 1/10/2021 !BODILY INJURY (Per OWNED j SCHEDULED AUTOS ONLY 1 AUTOS BODILY INJURY (Per accident) 1 $ _ _ X !HIRED X NON -OWNED PROPERTY DAMAGE -11 AUTOS ONLY ; � AUTOS ONLY (Per accident) _ $ j $ I B XUMBRELLA LIAB X ! OCCUR _ EACH OCCURRENCE $ 1,000,000 ~, EXCESS LIAB CLAIMS -MADE; CUP -1530X948-20-42 — --�� 1/10/2020 1/10/2021 $ 1,000,000 ! X 10,0 P oaico a 99 --- 1,000,000 DED i RETENTION $ r $ C 'WORKERS COMPENSATIONPER X 0TH - AND EMPLOYERS' LIABILITY N, 1 STATUTE ER t ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ ITEWC016603 N N / A 4/1/2019 4/1/2020 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) t E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT ! $ 1,000,000 D Professional Liab CE20APLOA3Y281V 1/1/2020 ' 1/1/2021 !Each Claim I 5,000,000 DESCRIPTION OF OPERATIONS ! LOCATIONS / 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, volunteers, and employees are Additional Insured with Primary/Non-contributory on general liability per endorsement attached. CERTIFICATE HOLDER CANCFI I ATIOKI ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Costa Mesa Sanitary District ry 290 Paularino Ave yyy !/goloTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Costa Mesa, CA 92626 AUTHORIZED REPRESENTATIVE i ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: e8013e3xoeA-20-42 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 and 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 U| - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions SECTION| - COVERAGES COVERAGE A-BOD|LY INJURY AND PROPERTY DAMAGE LIABILITY t Insuring Agreement m. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty W 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 |hnKad as described in Section NU - Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable |ind\ of insurance in the payment of judgments or settlements under Coverages A or B or nned|cm| expenses under Coverage C. COMMERCIAL GENERAL LIABILITY (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 t of Section N -VVhm 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 orcuned, in whole or in part. If such a|isted insured or authorized "employee" knevv, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation. change or resumption of such "bodily inor "property damage" during or after the policy period will be deemed to have been known prior \othe policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section 11 — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. c1 "Bodily injury' or "property damage will be deemed tohave been known to have occurred at the earliest time when any insured listed under Paragraph 1' of Section 11 -VVho is An Insured orany "emp|oyee" authorized by you to give or receive notice of an "occurrence" or (1) Reports all, or any part, of the "bodily myun/" or "property umnn*Qe' to us or any other insurer; No other obligation- '--'':"ko 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 mjury"mr^propertydanage"' or Payments. (3) Becomes aware by any other means that b. This insurance applies to "bodily injury'and "bodily injury" or "property damage" has "property damage" only if: occurred or has begun 0 occur. CGTIO00219 0ou1rThe Travelers Indemnity Company. All rights reserved . Page of 21 Includes copyrighted material mInsurance aon*mmOffice, Inc, with its ne'm/omwn. COMMERCIAL GENERAL LIABILITY *u Damages because of "bodily injury" include damages claimed by any person or organization for care, loss o[ sen/ices 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" or "property damage" resulting from the use of reasonable force to protect persons or property. Uz 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 inacontract or agreement that is an "insured contract", provided thatthe "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contrad", reasonable attorneys' fees and necessary litigation expenses incurred by or for aparty other than an insured will be deemed to be damages because of "bodily 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 injury" or "property damage" for which any insured may be held liable byreason of [) Causing or contributing to the intoxication of any person; (3) Any statute, ordinance or regulation relating to the male, gift, distribution or use of alcoholic beverages. This exclusion applies only 6 you are in the business of manufacturing, distributing, se|8nQ, serving or furnishing alcoholic beverages. For the purposes of this axdusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not afee is charged or a license is required for such activity, is not by itself considered the business of seU|nQ, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' conmpensadon, disability benefits or unemployment compensation law or any similar a 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 sista of that as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in arry 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". K PmNmkiowx (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) /t or from any premises site or location which is or was at any time owned or occupied by. or rented or loaned to, any insured. However, this subparagraph does not apply to: (2) The furnishing of alcoholic beverages to a (i) injury" if sustained within a person under the legal drinking age or building and caused by snxoke, w/u=/ the "influence u` "lcmw/, or fumes, or soot produced by or originating from equipment that Page 2 of 21 0 201 The Travelers indemnity Company. All rights reserved. CGTIO00219 Includes copyrighted material mInsurance Services nmmxInc, with xuma,mms�w is used to heat, cool or dehumidify the building, or produced by or originating from equipment that is used to heat water for personal use by the building's occupants or their guests; (111) "Bodily injury" or 11property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such prenises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that prendses, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any msured, other than that additional insured; or (U|) "Bodily injury" or pproperty damage" arising out of heat, smoke or fumes from a "hostile (b) At or from any premises site or location which is or was at any time used bycxfor any insured or others for the handUng, storage, disposal, processing nrtreatment nfwaste; (c) If such "pollutants" are or were at any time hansported, hand|ed, stnred, treated, disposed of, or processed as waste byorfor: Any insured; or 00 Any person or organization for whom you may be legally (d) At or from any prenises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the prenmises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to. (i) "Bodily injury" or "property damage" arising out of the escape of fue|s. lubricants or other operating fluids which are needed COMMERCIAL GENERAL LIABILITY to perform the normal electrical, hydraulic or mechanical function necessary for the operation of 'Imobile equipment" or its parts, 9 such fuels, lubricants or other operating fluids escape from a vehicle designed to hold, store or receive them. This exception does not apply N the "bodily injury" or"property damage" arises out of the intentional diycharoe, dispersal or release of the fuels, lubricants orother operating flu|ds, or if such fuels, lubricants or other operating fluids are brought on or to the prennisem, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such \nsured, contractor or subcontractor-, (11) "Bodily injury' or damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed byyou nronyour behalf by acontractnr or subcontractor; or (U) or damage" arising out of heat, smoke or fumes from a "hostile fire": or (e) At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any )nsured`a behalf are or were at any time performing operations to test for, rnon|tor, dean up, remove, contain, treat, detoxify or nmutrahze, or in any way respond to, or assess the effects Of. 11pollutants". (2) Any loss, cost or expense arising out of (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 CG T10002 19 QuonThe Travelers Indemnity Company, All rights reserved. Page 3 of 21 momues copyrigh(ed material mInsurance Services Office, Inc, with its perm osim COMMERCIAL GENERAL LIABILITY (b) Claim or suit by or on behalf of an governmental or any other person or organization because of testing for monitoring, cleaning up, removing, containing trmating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". g. Aircraft, Auto Or Watercraft "Bodily injury" or"property damage" arising out of the ownership, maintenance, use or entrustment to others m[ any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading orun|oading". This exclusion applies even J the claims against any insured allege wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, I the "occurrence" which caused the "bodily injury" nr"property damage" involved the ownership, mainLenance, use or entrustment to others of any aircraft. "auto" or watercraft that is owned or operated by or rented or loaned toany insured. This exclusion does not apply to. (1) Avvateroaft vvhi|m ashore on premises you own o,rent; (2) A watercraft you donot own that is: (a) 50 feet long or less; and (b) Not being used to carry any person or property for acharge; (3) Parking an "auto" on, or on the ways next to. premises you m*m or rent, provided the "auto" is not owned by or rented or loaned toyou orthe insured, (4) Liability assumed under any "insured contract" for the ownership, maintenance or use ofaircraft orwatercraft; (5) "Bodily injury" cv"propertyarising — out of. (a) The operation of machinery or equipment that is attached to, or part of, aland vehicle that would qualify as "mobile equipment" under the definition Of "mobile equipment" N such land vehicle were not subject to a compulsory or financial responsibility lavv, or other motor vehicle insurance law, where it is licensed or principally garaged; or (* The operation mfany cf the machinery or equipment listed in Paragraph K.(2) or Y.(3) of the definition of "mobile equipment". or (6) An aircraft that is: (a) Chartered with apilot \o any insured (b) Not owned byany insured; and (c) Not being used to carry any person or property for acharge. h. Mobile Equipment "Bodily injury" or "property damage" arising out Of (1) The transportation of "mobile by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile in practice for, or vvhi|m being prepared for, any prearranged radng, speed, demmoUdon, orstunting activity i War "Bodily injury" or "property damage" arising out Of (1) War, including undeclared mcivil 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 ofthese. j. Damage TmProperty "Property damage" to: (1) Property you own rent or including any costs or expenses incurred by you, or any other person, mnUty, for repair, rep|acement, enhancement, restoration or maintenance of such property for any reason, including prevention ofinjury to apmrson or damage to another's property; (2) Premises you sell, give away or abandon N the damage" arises out of any part of those premises; (3) Property loaned bzyou; (4) Personal property in the care, custody or contnml of the insured' Page 4 o 21 0oo17The Travelers Indemnity Company, AU rights reserved. CG T8 00 0219 Includes copyrighted material mInsurance Services Office, Inc. with Its pern^ssion. COMMERCIAL GENERAL LIABILITY (5) That particular part of real property on accidental physical injury to "your product" or which you or any contractors or "your work" after it has been put to its intended subcontractors working directly or indirectly use, on your behalf are performing operations, if n. Recall Of Products, Work Or Impaired the "property damage" arises out of those Property operations; or (6) That particular part of any property that Damages claimed for any loss, cost 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 it. replacement, adjustment, removal or disposal of: Paragraphs (1), (3) and (4) of this exclusion do not apply to "premises damage". A separate, 9' of insurance applies to "premises damage" -v described in Paragraph 6. of Section , imits Of 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. L Damage To Your Work "Property damage" to "your work" arising out• it or any part of it and included in the "product completed operations hazard". This exclusion does not apply if the damage work or the work out of which the damag arises was performed on your behalf by subcontractor. M. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out ot (1) A defect, deficiency, inadequacy or dangerous condition 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. a 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 clate, However, this exclusion does not apply to liability for damages because of 'bodily injury". q. Unsolicited Communication "Bodily injury" 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 Or 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 injury" or . "property damage" is caused or contributed to by the hazardous properties of asbestos. CG T1000219 0 2017 The Travelers Indemnity Company All rights reserved. Page 5 of 21 Includes copyrighted material of Insurance Services Office, Inc. with 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 sohd. Uquid, gaseous or thermal irritant or cortmminant, including snmoke, vapors, soot fumes, adds alkalis, chemicals and wasNa, 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 (oss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, mon}tor, clean up, remmve, contain, treat, detoxify or neutra|{ze, or in any way respond to, or assess the effects of, aabestos, asbestos fibers or products containing asbestos; or (b) Claim or sub by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, cleaning up, removing' cmntaining, treating, detoxifying or neuha|izing, or in any way responding to, or assessing the effects of, aabestos, asbestos fibers or products containing asbestos. t Practices "Bodily injury" to: (1) Aperson arising out of any (a) Refusal 0oemploy that person; (b) Termination of that person's employment; or (c) Employment-related practice, po|icy, ad or nmissimn, such as comrcimn, demotion, eve|uat|on, rmassignmmnt, discip|ine, failure to promote or mdvmnce, harassment' humiliation, discrimination, libel, slander, violation of the person's right of privacy' malicious prosecution or false mrrmst, detention or imprisonment applied bmor directed at that person regardless of whether such pract{ce, policy, act or omission occurs, is applied or is committed befmre, during or after the time of that person's employment, or (2) The sAousm, chUd, parent, brother or sister of that person as acnnsequence of "bodily injury" to that person at whom any of the practices described in Paragraph (a), (b),n (c) above is directed. This exclusion applies whether the insured my 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 "bodily injury", Exclusions c. through m^ do not apply to "premises damage". A separate limit of insurance applies to "premises damage" as described in Paragraph 6. of Section UM —Lind1s Of Insurance. COVERAGE 8—PERSONAL AND ADVERTISING 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 those damages. Howover, 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 iii Section YUk — 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 yott|ennan1s under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. L This insurance applies to "personal and advertising injury" caused by an offense arising mut of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: au Knowing Violation Of Rights Of Another "Personal and 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". Page 6 of 21 C 2017 The Travelers Indemnity Company. AR rights reserved. CGT1000219 IiNctudes copyrighted material mInsurance Services Office, Inc wmIts permission. This exclusion does not apply to "personal injury" caused by malicious prosecution. kx Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of mal or v,nuen pum/cwuon, x'cmux/Q publication by electronic means, of material, if done by or at the direction of the insured with knowledge of its fa|aity. c- Material Published Or Used Prior To Policy Period (^H "Personal and advertising injury"/ of oral or written publication, publication by electronic mmeans, of material whose first publication book 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. Cr(rn|neY Acts "Personal and advertising injury" arising out o[a criminal act committed by or at the direction of the insured. e. Contractual "Personal and advertising infor which the insured has assumed nau*my 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 injury' assumed by you in a contract or agreement that is an "insured contract", provided that the 11personal 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"' provided that: (m) 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 Goods ~ 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 inyour "advedisement". 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". i Intellectual Property "Personal 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: (l) Copyright; (2) Paten (3) Trade dress; (4) Trade name; (5) Trademark; (6) Trade secret; or (7) Other intellectual rights orlaws. This exclusion does not apply to: (1) 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 8nMedia And Internet Type Businesses "Personal and advertising injury" caused. by an offense committed by an insured whose business is: (b) Such �e �d litigation ---''-^- -- �� Advertising, or expenses are for defense of that party ' """�"^�="'�� ' CG T1000219 Voo1rThe Travelers indemnity Company. /J rights,aoowoo. Page 7of2U includescopyrighted material ofInsurance Services Office, Inc. with its vw,m/nomn. COMMERCIAL GENERAL LIABILITY (2) Designing or determining content of neutralizing, or in any way responding to.or websites for others; or assessing the effects of, "pollutants". (0 An Internet search, access content or nz War service provider. "Personal and advertising injury" arising out of, However, this exclusion does not appk/ to ��) War, including undeclared cxcivi/vv�r� Paragraphs m'(1). (2) and (3) of the definition of "personal injury". (2) Warlike action by a military force, including For the purposes of this exclusion: action in hindering or defending against actual or expected attack, by any (1) Creating and producing correspondence government, sovereign or other authority written in the conduct of your business, using military personnel orother agents; or bulletins, financial or annual reports. or newsletters about your goods, products or (3) Insurrection, rebellion, revolution, usurped services will not be considered the power, or action taken by governmental business of publishing; and authority in hindering or defending against any ofthese. (2) The placing of frmmnms, borders or links, or � Unsolicited Communication ' advertising, �xyou or others anywhere on the Internet will not, by kself, be considered "Personal and advertising hn]uD/' arising out of the business of advertising, "broadcasting" any actual or alleged violation of any law that or publishing. restricts or prohibits the omndinQ, transmitting ordistr|buUng��"unsoUdtedcommnunivation". �� Ekmmtrmn|��h�t�m�m�����W�t|n��m��� q. Access Or Disclosure Of Conf|denitwl Or "Personal and advertising injury 04 arising out of Personal Information an electronic chatroomn or bulletin board the insured hosts or owns, or over which the "Personal and advertising �ju " arising out of insured exercises control. any access to or disclosure of any person's or organization's confidential or personal 1. Unauthorized Use Of Another's Name Or inforrnaUon. Product x Asbestos "Personal and advertising injury" arising out of (1) "Personal and ad«e�|si injury" | | out the unauthorized use of another's name or product in your e-mail address domain name or ~' the ~~`~�' ~ alleged presence ° actual, ' metatag' or any other similar tactics to mislead alleged or threatened dispersal mfasbestos, another's potential customers. asbestos fibers or products containing asbestos, provided that the "personal and nx Pollution advertising injury" is caused or contributed bzbythe hazardous properties ofasbestos. "Personal and advertisinginjury" arising out of the actua|, alleged or threatened discharge, (2) "Personal and advertising injury" arising out d|spersa|, seepegm, miQrahon, release or of the actual oralleged presence or actual, escape of "pollutants" at any time. alleged or threatened dispersal of any solid, liquid, gaseous or thermal irritant or m. Pollution -Related conterninant, including smoke, vapur». Any loos, cost orexpense arising out cfany: soot, fumms, adds, o|kaUs, chemicals and (1) Request, demand' order or statutory or waste, and that are part of any claim or "suit" which also alleges any "personal and regulatory requirement that any insured or advertising injury" described in Paragraph others bos� for, monitor, clean up,remove,(�� �bove contain, treat, detoxify or neutralize, or in' any way respond to, or assess the effects (3) Any |oss, cost or expense arising out of of, "Pollutants"; or any: (2) Claim or suit by or on behalf of any (a) Request, demand, order governmental authority or any other person regulatory requirement that any insured or organization because of testing for, or others test for monitur, dean up, mnonitoring, c(mmn|nQ up. rmmovinQ, remove, contm|n, trmat, detoxify or contein|ng, treadng, detoxifying or neutraUze, or in any way respond to, or Page 8of]1 0uo1rThe Travelers Indemnity Company. rmrights reserved. CG71000219 Includes copyrighted material mInsurance Services Office, Inc. with «m no,m/oumn. 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. Practice "Personal injury" hz U> Aperson arising out oyany: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related pract|ce, poUcy, act or omisskon, such as coerdon, demodon, eva|uation, veassigmnent, disdp|ine, fai|ure to promote or edvance, harassment, humiliation, discrimination, libel, s|andmr, violation of the person's right o( privacy, malicious prosecution or false arrest, detention or imprisonment applied to or directed at that person, regardless of whether such practice, poUcy, act or omission occurs, is applied or is committed before, during or after the time of that person's employment; or (2) The spouse, chUd, parert, brother or sister of that person as a consequence of "personal injury" to that person at whom any of the employment-related practices described in Paragraph (m). (b). or (c) above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the "personal injury". COVERAGE C—MEDICAL PAYMENTS t Insuring Agreement a. We will pay medical described below for "bodily injury" caused by an accident (1) On premises you own or rent; (2) On ways next to premises you own or rent or COMMERCIAL GENERAL LIABILITY (3) Because of youroperations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an (2) Necessary medical, X-ray and dental semice, including prosthetic devices; and (3) Necessary ambulance, professional nursing and funeral services. 2. Exclusions We Will not pay expenses for "bodily injury", a. Any Insured To any insured. except "volunteer workers". b. Hired Person To o person h|red to do work for or on behalf of any insured or atenant of any insured. c Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a permon, whether or not an "employee" of any insured. I benefits for the "bodily injury" are payable or must be provided under e workers' compensation or disability benefits kavv or a similar law. e. Athletics Activities To a person injured while practicing, instructing or part|cipatinQ in any physical exercises or games, sports, mrathletic contests, f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g, Coverage ^4 Exclusions Excluded under Coverage A. CG T10002 19 m2017 The Travelers Indemnity Company. All rights reserved. Page gd 21 includes copyrighted material ofInsurance Services Office, Inc. with xupermission. COMMERCIAL GENERAL LIABILITY SUPPLEMENTARY PAYMENTS 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. e. 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, 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 off er. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met. a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence', or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee, and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments, Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverages — Coverage A — Bodily injury And Property Damage Liability or Paragraph 2.e. of Section I — Coverages — Coverage B — Personal And Advertising Injury Liability, such payments will not be deemed to be damages for "bodily injury", "property damage" or "personal injury", and will not reduce the limits of insurance. b. This insurance applies to such liability assumed Our obligation to defend an insured's indemnitee by the insured: and to pay for attorneys' fees and necessary c. The obligation to def end, 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 indemnity Company. All rights reserved. CG TI 00 0219 Includes copyrighted material of Insurance Services Office, Inc, with Its permission. e. We have used up the applicable limit of insurance in the payment of judgments, settlements ormedical expenses; or b. The conditions set forth above, or the terms of the agreement described in Paragraph above, are nolonger 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 ,o the conduct of abusiness o[which you are the sole owner. b. A partnership or joint vmnture, you are an insured. Your members` your partners, and their spouses are also inoureds, but only with respect hothe conduct ofyour business. c. AUm|ted liability conmpany, 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 asyour managers. d. An organization other than a partnership, joint venture or limited liability compmny, 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 Atrust, you are an insured Your trustees are also insureds but only with respect to their duties as trustees, I Each of the following is also an insured: a. workers" only while performing duties related to the conduct of your business, or your "employees", other than either your flexecutive 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 flemployees" or "volunteer workers" are insureds for: (1) "Bodily injury" or"personal injury' (a) To you, to your partners or members 0f you are m partnership or joint venture), to your members (if you are a limited liability oonnpany), 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 you (b) To the spouse, child, parent,brother sister of that co -"employee" or "volunteer worker" as a consequence ofParagraph (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 (o) 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 bz"bodily injury"/ arising out of providing or failing to provide first aid or "Good Samaritan sen/ices" by any of your "employees" or "volunteer vvorkers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. (2) "Property damage" to property: (a) Owned occupied or used by; W Rented to, in the care, custody or control of, or over which physical control is being exerc'gsed for any purpose by, you, any of volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability b. than 'Ovolunteer 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 liabifty arising out of the maintenance or use of that property: and (2) Until your legal representative has been appointed. CGT1000219 0 2017 The Travelers Indemnity Company. AN rights reserved. Page 11of 21 Includes copyrighted material ofInsurance Services Office, Inc. with its nermwmon COMMERCIAL GENERAL LIABILITY ci Your legal representative if you die, but only b. Arises out of the ownership, maintenance or with respect to dudes as such That use of that part of any premises leased to you representative will have all your rights and The insurance provided to such premises owner, duties under t�oCoverage Part. managerlessor ��o/ issubject to the following' eu Any person or organization that, with your provisions: express or implied consent' either uses or � a The limits of insurance provided to such responsible for the use da watercraft that you premises ownermanager or lessor will be the own not o� that is ' m/n|munn limits that you agreed to provide in the (1) SQ feet long or less; and written contract or agreement, or the limits shown in the Declarations, vvh|�hmvmr are less. ��� Not being used &o carry any person or ' ' property for achmrge. @x The insurance provided to such premises ovvmmr' rnanag�ror|�ssordo�s not apply to: 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability (1) Any "bodily injury' or "property damage" company, and of which you aro the sole owner or in that occurs. or "personal and advertising which you maintain an ownership interest of more injury" caused by an offense that is than 50%, will qualify as a Nmrnmd Insured I there is comnmitted, after you cease to be atenant in no other similar insurance available to that that premises; or organization. However: (2) Structural a|teraUons, new construction or m. Coverage under this provision is afforded only demolition operations performed by or on until the 180tyou acquire or form the behalf of such premises ovvnmr, manager or organization or the end of the policy period. lessor. whichever isearlier; Any person or organization that is an equipment 1b. Coverage A does not apply to "bodily injury" or lessor and that you have agreed in ewhtten contract "property damage" that occurred before you or agreement to include as an additional insured on acquired orformed the organization; and this Coverage Part is an insured, but only with c. Coverage S does not apply to "personal and respect to liability for "bodily injury", "property advertising injury" arising out of an offense damage"' or "personal and advertising injury' that: committed before you acquired or formed the am Is "bodily injury" or "property damage" that organization. occurs, or is "personal and advertising injury" For the purposes of Paragraph 1, of Section N — caused by an offense that is committed, Who Is An Insured, each such ",»='izad"' �U b� subsequent to the signing of that contract or deemed to be designated in the Declarations as: agreement; and bu Is caused, in whole or in part, by your acts or a. An organizahmn, other than a partnmrmhip, joint omissions in the mnaintenoncm, operation m' use venture or limited liability company; or of equipment leased to you by such equipment lessor. ' The insurance provided to such equipment lessor isas indicated in its name or the documents that r subject to the following provisions: govmrn its structure. �ubj m. The limits of insurance provided to such 4. Any person or organization that is a premises equipment lessor will be the minimum limits that uwner, manager or lessor and that you have agreed you agreed to provide in the written contract or in o written contract or agreement to include as an agrmement, or the limits shown in the additional insured on this Coverage part is an Declarations, whichever are less. insured, but only with respect to liability for "bodily injury", y damage" or "personal and t� The insurance provided to such equipment advertising injury" that: lessor does not apply to any "bodily injury" or "property damage" that occurs. or "personal m. Is "bodily injury" or "property damage" that and advertising injury" caused by an offense occurs, or is "personal and advertising injury" that is committed, after the equipment lease caused by an offense that is comrnitted, expirea subsequent to the signing of that contract or No person or organization is an insured with respect to agreement; and the conduct of any current or past partnership, joint Page 12o[21 0 2onThe Travelers Indemnity ovmnmnv All rights reserved. CGTIO00219 Includes copyrighted material mInsurance Services ume,Inc. with its 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 11 — 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 we 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 will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 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 damages because of all "personal injury" and "advertising injury" sustained by any one person or organization. 5. Subject to Paragraph Z or 3. above, whichever applies, the Each Occurrence Limit is the most we All pay for the sum 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 to 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 we 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 b. $300,000 1 no amount is shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part. 7. Subject to Paragraph S. above, the Medical Expense Limit is the most we WII 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 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 — 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. r- 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 T10002 19 0 2017 The Travelers Indemnity Company. All rights reserved. Page 13 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (2) Authorize us to obtain records and other inf onnation (3) Cooperate with ms in the investigation or settlement of the claim or defense against the "suit"; and N0 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 towhich this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payrnent, assume any ob||gation, or incur any expense, other than for first aid, without our consent, e The following provisions apply to Paragraph m� above, but only for purposes of the insurance provided under this Coverage Part tuyou or any insured listed in Paragraph 1. or Z of Section U| ~VVhm Is An Insured: (1) Notice to us of such "uccurrmnce'^ or offense must be given as soon as practicable only after the "occurrence" or offense is known t/ you (if you are an ind|vidua|), any of your partners or members who is an individual (if you are a partnership or joint venture) of your managers who is an individual (if you are a limited liability company), any of your flexecutive 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 (if you are a trust) or any "employee,, 3. authorized by you to give notice of an "occurrence"oroffense. (2) K you are o partnership, joint venture, limited liability company or bnxt, and none o[ your partners, joint venture n>embers, managers or trustees are individum|s, 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 who is: (i) A partner or member of any partnership or joint venture; (U) A manager of any limited liability company; (iii) An executive officer or director of any other organization; or (iv) Atrustee of any trust; that is your pertner, joint venture member, manager ortrustee; o, (b) Any employee authorized by such partnership, joint venture, limited liability company, trust or other organization to give notice of an "occurrence"cxoffense. (3) Notice to us of such "occurrence" or offense will bedeemed ho be given as soon as practicable if it is given in good faith as soon as practicable to you/ workers' compensation insurer. This applies only I you subsequently give notice to ms 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. Howevmr. I1his policy includes an endorsement that provides limited f "bodily injury" 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 d "pollutants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e.does not affect that requirement. Legal Action Against Us No person or organization has a right under this Coverage Part: e. To join us as a party or otherwise bring us into e^suit" asking for damages from an insured; or b To sue us on this Coverage Part unless all of its terms have been fully complied with. Aperson or organization may sue us to recover on an agreed settlement or on afina| judgment against an insured; but we will not be liable for damages that are not payable under the terms of ft Coverage Part or that are in excess m[ the applicable |kn|t of insurance. An agreed settlement means esett|ernmnt and release cfliability signed by us, the inoured, and the claimant or the claimant's legal representative. Page14uf21 Q 2017 The Travelers Indemnity Company. All rights reserved. CGT1000219 momues copyrighted material mInsurance Services Omce, Inc. with its »mnnw*mo 4, Other Insurance If valid and collectible other insurance is available to the insured for aloss we cover under Co«eragesA or B of this Coverage Part our obligations are limited as described in Paragraphs a. and b. below. As used anywhere in this Coverage Part, other insurance means |nsurancm, or the funding of |osses, that is provided by, through or on behalf of (i) Another insurance company; (W) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit provision of Paragraph S. of Section V|8 - Limits Of Insurance or the Non cumulation of Personal and Advertising Injury Limit provision of Paragraph '& of Section III - Limits of Insurance applies because the Amendment - Non Cumulation Of Each Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising injury Limit endorsement is included in this policy; (iii) Any risk retention group or (1v)Any self-insurance method or program,in which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance or excess insurance, that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. As used anywhere in this Coverage Part, other insurer means a provider of other insurance. As used in Paragraph c. below, insurer means a provider ofinsurance. a. Primary Insurance This insurance is primary except when Paragraph &x below applies. If this insurance is our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c- below, except when Paragraph d. below applies, k. Excessinsurance (1) This insurance is excess over: COMMERCIAL GENERAL LIABILITY flN That is insurance for "premises damage"; (iii) K the loss arises out of the maintenance or use of aircraft, "autos,, or watercraft to the extent not subject to any exclusion in this Coverage part that applies to aircraft, "autos" or watercraft; (iv) That is insurance available No a premises owner. manager or lessor that qualifies as an insured under Paragraph 4. of Section |t- VVho Is An |nsured, except when Paragraph below applies; or (y) That is insurance available to an equipment lessor that qualifies as an insured under paragraph S. of Section 11 - Who Is An Insured, except when Paragraph d, below applies. (b) Any of the other insurance, whether primary. excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured, or is any other insured that does not qualify as a named insured. under such other insurance. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" 9 any other insurer has a duty to def end the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other |naurance, we will pay only our share of the amount of the |oss, if any. that exceeds the sum of (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self- insured amounts under all that other insurance. (a) /n/ of the other insurance, whether (Newill share the remaining loss, if any, - � prkn`' - eos, contingent or on any with any insurance that is not other basis: described inthis Excess Insurance provision and was not bought specifically Uo (|) That is Fire. Extended Coveragm, apply in excess of the Limits of Insurance Builder's Risk, Installation Risk or shown in the Declarations of this Coverage sirriar coverage for "your vvork"; part' CG T10002 19 0 201 The Travelers Indemnity Company All rights reserved, Page 15 of 21 Includes copyrighted material mInsurance mm��ws office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. cL Primary And Non -Contributory 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 an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules 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 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. 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. 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 provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. 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 I 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: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed an the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website Representations that is about your goods, products or services 6. for the purposes of attracting customers or By accepting this policy, you agree: supporters is considered an advertisement. Page 16 of 21 0 2017 The Travelers indemnity Company. AN rights reserved. CGT 1000219 Includes copyrighted material of Insurance Services office, Inc. with its, permission, Z 0 S. "Advertising injury": a- Means injury caused by one or more of the following off enses: (1) Oral or written publication, including publication by electronic rneans, 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 |ibe|md, or that claims to have had its goods, products or services disparaged; (2) Oral or written pubUcadon, including publication by electronic rneans, of material inyour °advertisenmant"that� (a) Appropriates a person's name, voice, photograph or likeness-, or (b) Unreasonably places a person in a false light; or (3) Infringement of copyright, "title" or "slogan" in your "advert}sanment", 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. "Auto" means: a. A land motor vehicle, hailer or semitrailer designed for travel on public roads including any attached machinery urequipment; or kx Any other land vehicle that is subject to a compulsory or financial responsibility |aw, or other motor vehicle insurance law, where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". "Bodily injury" means a. Physical harrn, including sickness or disease, sustained byaperson; or b^ Mental anguish, injury or iUness, or emotional distress, resulting at any time from such physical harm, sickness or disease. "Broadcasting" means transmitting any audio or visual material for any purpose: a. By radio or television; or COMMERCIAL GENERAL LIABILITY t. In, by or with any other electronic means of commmnicatkm, such as the Internet, if that material is part of: (1) Radio or television programming being (2) Other entertainment, educational, instructional, music or news programming being transmitted; or (3) Advertising transmitted with any of such 6. "Coverage territory" means: e. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world I the injury or damage arises out of (1) Goods or products made or sold by you in the territory described in Paragraph m. (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away no asnon time on your business; or (3) "Personal and ad offenses that take place through the Internet or similar electronic means of communication; provided the insmed'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. J. "Electronic data' means information, facts or programs stored asm on, created orused on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks. CD-R/]K4s, tapes, drives, ceUs, data processing devices or any other media which are used with electronically controlled equipment, 8. "Employee" includes a "leased worker". "Employee" does not include a"temporary worker". 9. "Executive officer" means a person holding any of ,he officer positions created by your charter, constitudon, bylaws or any other similar governing document. CGT1000219 * 2017 The Travelers Indemnity Company. AN rights reserved. Page 17of 21 Includes copyrighted material dInsurance 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 fire' means a firm which becomes uncontrollable or breaks out from where t was intended to be. 12."Impaired other than "your product" or "your work", that cannot be used or is less useful because: au ft incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or 1b. You have failed ho fulfill the terns ofacontract or agreement; K such property can be restored to use by the repair, rep|acement, adjustment or removal of "your product" or ''your work" or your fulfilling the terms of the contract oragreement. 13. "Insured contract" means: a. A contract for m lease of premises. Howmver, that port/on of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract"; 1b. Asidetrack agreement; e. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet cfarailroad; oK An obligation, d by mrdinance, to indemnify a municipality, except in connection with work for anounicipa|ity; e. Anelevator maintenance agreement; f. That pet of any other contract or mQrmenomnt pertaining to your business (including an indemnification of a municipality in connection with vvnxk performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury". "property d | 1 to o third person or organization. Tort liability means a liability that would be imposed by law in the absence o[ any contract oragreement. Paragraph f. does not include that part of any contractor agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or dennm||Uun operations, within 50 feet of any railroad property and affecting any railroad bridge or hesdm, tracks roadbeds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of (a) Preparing, approvinQ, or failing to prepare or approve, maps, shop dravv|ngs, mpinimns, reports. surveys. 0ekJ ordera, change orders or drawings and specifications; or (b) Giving directions or |nstructinns, or failing bo give 1hemn, if that is the primary cause of the injury or damage; or (3) Under which the insured if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the inmured's rendering or failure to render professional services, including those listed in Paragraph (2) above and supervisory, inspection, architectural or engineering activities. 14. "Leased worker" means aperson leased to you by a labor leasing firm under an agreement between and the labor leasing firm, to perform duties related b/ the conduct of your business, "Leased worker" does not include a"temporary worher". 15. "Loading or unloading" nmyams the handling of property: a. After A is moved from the place where i is accepted for movement into or onto an a/rczaft, watercraft or "auto"; . 1b. 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 t is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical dev|cm, other than ahand truck, that is not attached lo the a1rcraft, watercraft or "auto". 16. "Mobile equipment" means any of the following types of land vmh|dno, including any attached machinery orequipment: mu BuUdozera, farm mach|nery, forklifts and other vehicles designed for use principally off public roads' . 1b. Vehicles maintained for use solely on ornext bo premises you own or rent; c Vehicles that travel oncrawler treads; Page 18 of 21 0 2017 The Travelers Indemnity Company, All rights reserved CG T1000219 Includes copyrighted material ofInsurance Services Office, Inc. with »mpermission, xi Vehicles, whether self -propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels. |oaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers o, rollers; e. Vehicles not described in Paragraph a4 b., x. or d. above that are not are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators. including spraying, welding, building c|eaning, geophysical exp|oration. lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise orlower 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 beconsidered "mutos": (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 buck chassis and used toraise or lower workers; and (3) Air compressors, pumps and 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 m compulsory financial responsibility buw, or other motor vehicle insurance |av^ where it is licensed or principally garaged. Such land vehicles are considered COMMERCIAL GENERAL LIABILITY b. 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, means "personal injury" or "advertising injury". 19. "Personal injury it: a. Means injury, other than "advertising injury", caused by one or more of the following off enses: (1) False arrest, detention orimprisonment; (2) Malicious prosecution; (3) The wrongful eviction from, 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 (4) Oral or written publication by electronic means, of material that slanders or /mms a person or organization or disparages 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 orlibeled, or that claims to have had its Qoods, products orservices disparaged; or (5) Oral or written publication, including publication by electronic means, of material (a) Appropriates e person's name, voice photograph mlikeness; or (b) Unreasonably places a person in a false light. b. Includes "bodily injury" caused bvone ormore of the offenses described in Paragraph a. 17. "Occurrence" means: 20. solid, thermal irritant or contaminant, including smoke, ou An accment, momomg continuous or repeated vmpor, soot, fumes adds, a|halis, chemicals and exposure to substantially the same general waste. VVmoNy includes materials to be rmcyc|ed, harmful conditions; or reconditioned orreclaimed. CGT1000219 ^mou1rThe Travelers indemnity Company. All rights 'wnwm*u. Page 19 of 21 Includes copyrighted mater/al a( mou,unvm aomwvw omvn Inc wxm its permission COMMERCIAL GENERAL LIABILITY 21. "Premises damage" means: m. With respect k» the first paragraph of the exceptions in Exclusion J. of Section V — Bodily And Property Damage Liability, "property damage" to any premises while rented to you for a period of seven or fewer consecutive days, including the contents of such premises; or L With respect to the exception to Exclusions c' through m. in the last paragraph of Paragraph 2. of Section 8 Coverage A Bodily Injury And Property Damage Liability, "property damage" to any premises while rented to you for a period of more than seven consecutive days, or while temporarily occupied by you with permission of the owner, caused by: (1) Fire; (2) Explosion; (3) Lightning; (4) Smoke resulting from fire, explosion or lightning: or (5) Water. But "premises damage" under this Paragraph b, does not include "property damage" to any premises caused by: (1) Rupture, bursdng, or operation of pressure relief devices; (2) Rupture or bursting due to expansion or swelling of the contents of any building or structure caused by or resulting from water; or (3) Explosion of steam boilers, steam pipes steam engines orsteam turbines. 22. "pruducts-comp|etedoperations hazard": e. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising mut 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 fo||ovving times: (a) When all of the work called for in you contract has been completed. (b) When all of the work to be done at the job site has been completed 9 your contract calls for work at more than one job site, (c) When that part of the vmxk 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 sen/ice, maintenance, correction, repair or replacement, but which is otherwise connp|ete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of (1) The transportation of property, unless the injury or damage edmas out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading o, unloading" of that vehicle by any (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in apolicy Schedule, states that products - completed operations are subject to the General Aggregate Limit. 23. "Property damage" means: w. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it or h. Loss of use of tangible property that is not physically injured. All such loss of use will be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data,, isnot tangible property, 24. "Slogan": a. Means aphraoe that others use for the purpose of attracting mttentonintheir advertising. b` Does not include a phrase used as, or in, the name of: (1) Any person or organization, other than you or (2) Any business, or any of the goods, products, services or work, of any person or organization, other than you. Page 2Oo[2Y 0oonThe Travelers Indemnity Company. All rights reserved, CGTIO00219 Includes copyrighted material ofInsurance Services Office, Inc. wah qsnermissmn 2s. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 26. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 27. "Title" means a name of a literary or artistic work. 28. "Unsolicited communication" means any communication, in any form, that the recipient of such communication did not specifically request to receive. 29. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 30. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: COMMERCIAL GENERAL LIABILITY (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. 1b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use cf "your product", and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 31. "Your work": a. Means: (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. 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. CGT 1000219 C, 2017 The Traveivers Indemnity Company All rights reserved. Page 21 of 21 Includes copyrighted material of Insurance Services Office, Inc, with its permission,