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HomeMy WebLinkAboutMiscellaneous APPLICANT 5/5/2004 . . - , , . 5~ c +- L, ~ b, li'tic! , I . ~/t?j)i?r- I ! ;?!.t /k,-.f05> ~ ~ll -.---. I .i I qV7 ~~M~ - 51;tl p~{,vrJ jl(w- ~L.MP : -tlt;( I~ I .J i;J~ & 8' 2- -;2-(,-SS- ! r Date Received: 5-5 -of Plann~r: I of 20 W~ I&~ ,."... .' ,~-_.,,,,, '::--:- . 1..1 ,". ._ E OF L1ABILljT,YINSURAN THIS CI!RT'''CATI! III ONLY AHD CONF~RS RIGIfTS UPON THe CERTIFICATE HOLDER. THIS CERTIFICATE DOES 1II0T AMEIIID, EXTEND OR ALtER THE COVERAGE AFFORDED BV THI! POUCIES SElOW. ACo.RD. CERTIFIC PRO:l.IJCen \ .. KPD Insurance. Inc. li'O <lQ" 784 Sprin~field OR 97477 Pnofte=541.741.0550 INStJRfD ~ftX,541.741.1674 By Equipment Company LLC PO Box 543 Cottage Grove OR 97424 COVERAGES INSURERS AFFORDING COVERAGE INSUR.ERA: T:r-.velors Indamnit. INSURf:.R EI: 'JrNlllbl.'1II hn4 !\\II~lIl\e. eO'. INSURE.R c: --............---...-. NAIC' Co INSURER 0: INSURER E; TIlE. POLICIES OF lNSURANCI:! L1:!TeO IlELO\rV HAve 1le:!!N ISSIJI!D TO THE IN~lJJ\f:o, AAM!!O:ABO\i! FOR THE POLICY PERIOD INDICA TED, NOTWITHSTANDING MY AEQUIREMCIIT, TERM OR CONDITION Of ^-m CONTR.-\01' OR Oll-tEf{ oOeUMlim WITH ~'GP'CT TO WHlC~ THli CMRT~ICAT. MA. v 9(0 I5iSU~O OR tJ!V P!;:R1AIN. TIotI; IIJSURANC!;, A.FFORD!;:D BY ~~ POllClt;S OI;:SCt:lIBEO HP:REIN IS SUBJECT 10 All THE TERMS. E:;l:ClUSIONS AND CONDITIONS OF SUCH roucles, ....oeMOA'I'!! LIMITS eOOWN MAY f-!AVE! BeEN REOUCEO ElV PAID CLAIMS. I ~ TYPE OF IN P'Ol.ICV NUMBER ID"'T~jMM1DfjfT~ .PgklTlv;~~~N" .... LIMITS GENERAL LIABILITY EACH OCCURRENCE I1UOOOOO - A X COMMERCIAL GENERAL LIA611.ITY 457N9402 02/16/04 02/16/05 !'.m~:..llB.s.li..l.Ea Ocwmncd 1300000 I CU,J\IlS MADE [!] OCCUR UEDEXP(MYOJlep~) 110000 -.- ..!. Conf:.ractual Liab PERSOW\L & AO\lINJURY I ~OOOOOO ~ WA Stop G..p OENm'l AGG~t:GATE 12000000 IlL AGI3:r~r LIMIT l.F'r!~t, peR: PROOUCTS.COMPIOF'AQG . 2000000 PCJl.ICY X ~ LIlC 1---'--- ~TOMOBIlE L1AB1UTY COMBINED SlN~le LIMIT .1000000 A .!- ANY AUTO 457N9402 02/16/04 02/16/05 (EaecoldenlJ f--.--...-.......--. c!- /I.ll.. QVYNI!O AUT03 BOOIL Y INJUR'T {~fJer6!:ln) , c!- SCHIiOOUL,,,O AUTOS lC.. HIR!:tl AUTOS BQOILYINJURY (~:.I!;F;ldenll . It.. NON.OWt.lED ....UTOS .. ~O,.e.;{J'y OAMAGe I (Per.eccld~nl) GARA.CEi LIA91L.rrY , AUTOONLV.IiAAtCDENT . ~ AAYAUTO c----.........--''- - QTHER THAN I!A....CC :!...... AUTO OfllLY; AGG I E1(eUSIUM~RI<LLA lIAR1UTV EJ\Qi OCCURREklCE 14000000 A :~:~rQCCUR D CllllMS MADe 4~71f9402 02/16/04 02/16/05 ^GGl\~ATe 14000000 .......-.---- ~ ~BJ"CnBLE . "eTfNTlON I I WORKfRli CO....ENSATION ",NO IT(;,\yo,~t's I IV.f. ~1.0'ffRS'l.lAaIUTY -.. AN'( PROI"R;I!TORlI"ARTNEftJV;:f.eUTWe E".l., ~Cli ACCIDENT I D~r.la:;:R.'.tl:;:P.lR"~ ~XCUDEm EJ... OISWSI. GA EMPLOm . ~~&!:riiB~~JJ~~~s b9low E.L. DI8fAS!:.. POLICY liMIT I I .. OTHER B LoggerA Broad Form. MXUO:Z03812 02/16/04 02/~6/05 $1000000 Limit Property Damage $1000 Deductible OESCRlPTlO>> OF OPEP.AnOf>iS' 1.0CATlOt.iS I VEHICLES J I:!)(CU.SIONS AL'D!iD SY ~OORSE""ENr f SPtClA1. f'RQ\11510NS RE: proo~ Of InsurAft~e for r.h~ Proposed Mountain Gate Project. The City of I Springf!$ld is listed..s Additional Insured per attaehod form CGD246(10/12). .., In lieu of eert.!fiC!lltil!!J. dal:ed 5/4/04'u CANCeLLATION CJ;TSPOl SHOUI..D NNOF THE ABOVE DESCRIBED POUClE8 85 CANC&r..l..iO D&FORIil nt, I)(JltAATte.., OAT! THEREOF, Tttl! r&$U1NG INSURI!R WILL JiNDEAVOR TO NIAlL ~ OAl5 WRITlEn HOl\(;!! fO THt! C:I!RTIm-A1r! "ClC.tleR NAW!:DTO THE L~FT. BUT FAll..I,lR.E TO DO SO 9H.IU.L IMPOSE NO OBLIGATIO'" DR UABtL.rTY OF ~y KIND UPON ll-l~IN$UAER, IT$: AGtHT& OR REPRiiE"TAT1V~. AUTHO Rl!P~frflA~ CERTIFICATE HOLDER Cil:y of Springfield 225 5~h St Springfield OR 97477 ACORD 25 (2001100) Ii:> ACORD CORPORAnON 1988 >'.tN o.{fiflrht1oL RIECB:I MAY 0 5 2004 ... &'11\ BJ;:: -- ," 1 '. .",.", - ....... - . -""""" ..... .!:!5! - .=: !lO!Ill! .= = e= - - ~- . iiiiii .- ~ ...... - ...... ~== .- """'" 6= = _Ea .= .= 0008-42 MHl-t)4-cljI:J4. <14: 4j KPD It~5LRANCE . P.02/19 &ERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY I BLANKET ADDITIONAL INSURED 1 (CONTrACTORS) This endorsement modifies Insurance provided underlhe following: I COMMERCIAL GEtlERi'lL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY - CONTRACTORS COVERAGE PART I 1. WHO IS AN INSURED - [Section II) is amended to include any person or organllatlon you are re1 quired to indude as an addibonal insured on thi~ policy by a wJitten oontract or written agreement in effect during this policy period and signed and executed by you prior to the loss for whioh cover1 age is sought. The person or organization does not qualify as an additional insured with respeclld the independent acts Or omissions of sllch persoH or organization. The person or organization is only an additional insured Witli respeel to Iiabiltty caused by "yom worK" lor that additional insured. I 2. The insurance provided to the eddttionel insured Is limited as 101l0ws: I a) In the event that the limits of liability stated in th.e policy exceed the limits of liability required by a written contract or written agreement in: effect during this policy period and signed and executed by YOll prior to the loss tor Wllicl! coverage is sought. the insuranoe provided by this endorsement Shan be limited to the' limits of liability. required by such contract oj agreement. 1 his endorsement shall not In-, crease the limits stated in Section III - LIMITS OF INSURANCE- I b) The insurance provided to the additional in- sured does not apply 10 "bodily injury", "prop.: erty damage". "pers(lnalln)ury" or "advertising injury" arising out at an architect's. engineer's' or surveyor's rendering of or failure to renderl' any professional services including: I. The preparing, approving Or failing to prepare or approve maps. Shop drawings. opinions, reports, surveys, fieid orders, change orders, or drawings and specill- cations; and II. Supervisory or inspection activities p@r- fanned as part of any reiated architectural or engineering activities. CGD2461002 c) This insurance does not apply to "bodily in- Jury"or "property damage" caused by "your work" included in the "products-completed operations hazard" unless you are required to provide such coverage for the additional in- sured by a written contract or written agree. ment in effect during this policy period and signed and executed by you prior to Ihe loss for which coverage is sought and then only for the period of time required by such con" tract or agreement and in no event beyOnd the expiration date or the policy. , 3. SUbpart (1 )(a) of the Pollulion exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage I..iabiltty Coverage (Section I - Coverages) does not apply to you If the "bodily injury" or "property damage" arises oU1 of "your work" perfonned on premises which are owned or rented by the addilional insured at the lime "your work" is performed. 4. Any coverage provided by this endorsement 10 an additional insured shall be excess over any other valid and collectible Insurance available to the additional insured whether primary, excess. con.- Iingent Or On any other basis unless a wHllen contrar.t or written agreement in effed during this policy period and signed and exacuted by you pNor to the loss for which coverage is sought specifically requires Ihat this insurance apply On a primary Or non-contributory basis. When this in- surance is primary and there is other insuranoe available to the additional Insured from any source, we will share with that other Insurance by the method described in 11le polley. 5. As a condition 01 coverage, each additional insured must: a.) Give us prompt wrlllen no1ice of any "occur" rence" or offense which may result In a claim and prompt written notice of 'suit", Copydght, The Travelers Indemnity Company, 2002 /Jf2kt; P,?e 1 of 2 lr1..r COMMERCIAL GENERAL .LITY b.) Immediately forward all legal papers to us, cooperate in the investigation or settlement of the claim or defense against the 'suit:' and otherwise comply with policy condilions. I c.) Tender the defense and indemn~y of anYI claim or "suit" to any other Insurer which also insures against a lass we cover under this' endorsement. This includes. but is not lim~ed' to, any insurer which has issued a policy 01 insurance in which the addhional insured' qualifies as an insured. For pUlpo.es of lhis' . requirement. the term Itin~ures against" refers to any self-insurance and to any Insurer which issued a policy of insurance that may provide coverage far the loss. regardless of whether the additional insured has actually requested thallhe insurer provide the additional insured with a defense andlor indemn~y under that polley of Insurance. d.} Agree to make available any olher insurance that the additional insured has for a loss we cover under this endorsement Page 2 of 2 Copyright, The Travelers Indemnity Company, 2002 CG 0246 1002 ."""" .= iiiii = - - - 0= . """" 0- 0_ iiiiiiii -~ = .= - ,- ~ ~ - , ...- _!!!!!!!!! .- ;;;;;;;;0 , - ...... . . OOOe21l . 6enERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in lhis policy restrict coveragJ Read the entire policy carefully to determine rights! dulies and what Is and is not covered. I Throughoui this polley the wordS "you" and "YOU~'I rerer to the Named Insured ~hnwn in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we"! I'US" and !lour" refer to the company providing this insurance. I The word 'insured' means any person or organization qualifying as such under Section 11 - Who Is A~ Insured.' I Other words and phrases that appear in quotation marks have special meaning. Refer 10 Section V J Definitions. SECTION 1- COVERAGES COVERAGE A BODILY INJURY AND PROPERT't DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums thai Ihe insured be'l comes legally obUgated to pay as damages because of "bodily Injury' or 'property dam~ age' to which this Insurance applies. We wil! have the righl and duty to defend the insured again~ any "suit' sp.eklng those damages! ,. However, we will have no duty to defend the . , Insured agaln~t any 'sult" seeKing damages for 'bodily injury" or "property damage" td which this insurance does not apply. We may! at our discretion, investigale any "occurrence'i and settle any claim or 'suit" that may resull. B~: . I (1) The amount we will pay (or damages is Iimn.ed as described in Section III - Ulllit~ Of Insurance; and I (2) Our right and duly 10 defend eTlds when we have used up the applicable limit oi insurance in the payment of judgments 01 , . settlements under Coverages A or B 0'1 medical expenses under Coverage C. No olher obligalion or liability to pay sums 0\ perform acts or services is covered unless , explldlly provided for under Supplementary Payments - Coverages A and B. I b. This insuranGe applies 10 "bodily injury" and "property damage' only if: (1) The "bodily injury" or "property damage' Is causee by an "occurrence" Ihal lakes place in the "coverage territory"; (2) The "boaily inJUry" or .prop&r1y damage" occurs during the policy period; and (3) Prior to the policy period. no insured lisled under Paragraph 1. of Section II - Who Is An Insured and no "employee" authorized by you to give or receive no- lice of an 'occurrence" or claim, knew lhal the "bodily Injury' or "property dam- age" had occurred. in whole or in part. If such a listed insured or authorized "em. ployee" knew. Plior to the policy period, that the "bodily injury' or 'property dam- age" occurred, then' any continuation, chan\le or resumption of such 'bodily in. jury" or "property damage' during or aller the policy period will be deemed 10 have been known prior to the policy period. c. "Bodily injury" or "property da..nage' which occurs during the policy period and was nol, prior to Ihe policy period, known 10 have oc. curred by any insured listed under Paragraph 1. of Section II ~ Who Is An Insured or any "employee" authorized. by you 10 give or ie- celve notice of an "occurrence' or claim, In- . cludes any continuation. ch~nge or resump- tion of that "bodily injur)I" or 'property damage" pllerthe end of the policy period. d. "Bodily injUry" or "property damage" will be deemed 10 nave been known to have oc- CUlled at Ihe earlleslllme when any insured lisled uncler Paragraph 1. of Section II - Who Is An Insured or any "employee' authorized by you to give or receive notice of an IloGCUr~ rence" or claim: (1) Reports all, or any part, of lhe 'bodily in. jury" or "property damage" to uS or any other insurer; (2) Receives a wrilten or verbal demand or claim for damages because of the "bodily injury" or "property damags"; or (3) Becomes aware by any other meanS that "bodily injury" or "property damage' has occurred or'has begun 10 nccur. CG00011001 @ ISO Properties Inc.. 2000 Page 1 of '6 COMMERCIAL GENERAL .L1TY e. Damages because 01 "bodily Injury" Inctllde damages claimed by any person or organiz~ tion lor care, loss or services or death reslItt- Ing at any time rrom 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 slar1dpoint of the int sured. This exclusion does not apply to "bOdi ily injury" resulting from the use of reasonable force to protect parsons or property. I b. Contractual" Liability "Bodily injury" or "property damage" ror which the insured is obligaled to pay damageS by rBBSOn of the assumption ot liability in a cone tract or agreement. This exclusion does n~l apply to iiabifily for damages: I (1) Tllat the insurell would have In the at.>- sence of the contract or agreement; or I 121 Assumed in a contract or agreement that . . ; I is an "ifl~ured contractt', provided the "bodily injury" or "property damage" oe- mrs subsequent to the execution of the , contract or agreement Solely for the pu~. poses of lIabUlty assumed in all "insured , contract", reasonable attorney fees', end " , necessary litigation expenses Incurred by or for a party other than an insured ere deemed to be damages because of "bO~ liy Injury" or "property damage", provided: la) Liability to such palty for, or for th~ I cost of, that party's dntense has,'also been assumed in the same "Insured contract"; and . I Ib) Such attomey fees and migation ex- penses are for defense 01 that party against a civil or alternative dispute resolution proceeding in which dam- ages to which this Insurance applie~ are alleged,. , I c. Liquor LIability . "Bodily Injury" or 'property damage" for which any insured may be held liable by reason of: I (1) Causing or contributing to the intoxication of any pe",on; I (2) The furnishing of alcoholic beverages to a I person under the legal drlnkJng age or under Ihe influence of alcohol; or . (3) Any statute, ordinance or regulation relat- ing to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufactuJtng, distributing, sell- Ing. serving or rurnishing alcoholic boverages, d. Workllrs' Compensation And Similar laws Any obligatlol) of the insured under a workers' compensation, dlsabilrty benefits or unem- ployment compensation law or any similar law. e. Employe,'s Uability "Bodily injury" to: (t) An 'employee" of Ule insured arising au! of and in the course of: (a) Employment by the insured; or Ib) Performing duties related to the conducl of the Insured's business; or (2) The spouse, child, parent, brother or sis- ter of thaI "employee" as a consequence of Paragraph (1) above, This exclusion applies: (1) Whether the Insured may be liable as an employer or in any other capacity; and (2) To any obligation to shale damages with or repay someone else wlla must pay damages because of the injury_ This exclusion does not apply to lIabilrty as- sumed by the insured under an "insured con- tract', f. Pollution (1) 'Bod~y injUry" or 'property damage" aris- ing out of Ihe aGlual, alleged or Ihreat- ened discharge, dispersal, seapage, mi- gration, release or esc"pe of 'pollutants": leI AI or from any premiseS, Site or toea- lion which Is or was at any time owned or occ"pied by, or rented or loaned to, any inSured, However, Ihls subparagraph does nol apply 10: lil "Bodily injury" If sustained within a building and caused by smoke, fumes. vapor or soo1 from equip- ment used 10 heat that building; (II) "Bodily injury" or "property dam- age" lor which you may be held liable, if you are a conlrador and the owner or lessee of such Page 2 of 16 Copyright. The Travelers indemnity Company, 1998 CG 00 01 10 01 - .- = . .= "= .!!!!!iili o " - "!I!!!!!!! .= ...... , . ...... iiiiiii - .- = ;;;;;;;;; III r ...... '- OCOUI! IInl t,.I..... c::.l:.JU"", IW"1''"t__' p,. J.,' 1Ih-,,-,,,n.',,";,L... . .ERCIAL GENERAL LIABILITY premises, site or location has been added to your policy as ani additional insmed with respect to' your ongoing operations per-I formed fm that addltlon,,1 Insuredj at Ihat premises, site or location and such premises, site or loca~ tion is not and never was owned. . , or occupied by, or renled or loaned to, any insured, other than that add~ional insured; or (ill) "Bodily Injury" or "property darn-, age' arising out of heat, smoke 01'1 fumes from a "hostile fire"; . (b) At or from any premises, site or I~.ca-I lion which is or was at any time used by or for any insured or others for the handling, storage, disposal, process- in!) Or treatment 01 waste; (el Which are or were al any time trans- ported, h"ndled, .Iored, tre"ted, dis- posed of, or processed as waste by or for. (i) Any insured; or (Ii) Any person or organization for whom you may be legally re- sponsible; or (d) At or from any premises, site m 10Ga- tion on which any insured or any COll- tractors or subcontractors working di-I rectly or indirectly on any insured's, behalf are perfonnlng operations i~ the "pol1utant~" are brought On or 101 Ihe premises, site or location in con- nection with such operations by such insured, contractor or subcontractor, However, this subparagraph does.rlot apply to: (I) "Bodily Injury" or "property dam-, age" erising out of the escepe of fualS, lubricants or other operat, Ing fluids, Wlllch are needed to periorm tha normal electrical, hy-. draulic ur mechanical functions necessary for the operation of, "mobile equipment" or its parts, if I such fuels, lubricants or other operating flUids escape from a vehicle part deslaned to hold, store or receive them, This ex- ception does not apply If the "bodily injury" or "property darn- age" arises out of the Intentional discharge, dispersal or release ef the fuels, lubricants or other ep- erating fluids, or if such fUels, lu. bricants or other operating fluidS are brought on or te the prem- ises, Site or location with the In- lent that Ihey be discharged, dis- persed or released as part 01 tne operations being performed by such insured, contractor or sub- contractor: (II) "Bodily Injury" or "proparty dam- age" sustained within a building and caused by the release of gases, fumes or vapors from ma- terials broughl inlo that building In connection with operations being performed by you or on your be. half by a contraclor or subcon- haclm; or (iii) 'Bodily injury" or "property dam- age" artslng out of heal. smeke or. fumes from a "hostile fire", (e) At or from any premises, site or loca- tion on which any insured Dr any con- tractors or subcontractors wor1<ing d~ reclly or indirectly on any insured's behalf are performing operations il tha operations ara to test for, monitor, cleanup, remove, contain, treat. de- toxify or neutralize, or in any way re- spond to, or assess the efleds of, "pollutants" , (2) Any loss, cost or expense arising out of any: la) Request, demand, onder or statutory or regulatory requirement that any in- sured or others test for, mannoI', clean up, remove, contain, treat, de. toxify or neutralize, or in any w~y re- spond 10, or assess Ihe effeds of, "pollutants"; Or (b) Claim Or "suit" by or on behalf of a govemmental authority for damages because of tesling for, monitoring, cleaning up, removing, containing, treating, detOXifying or neutralizing, Or in any way responding 10, Or assess- ing tile effects of, "ponut~nts", CG 00 0110 01 rtJ ISO Properties Inc" 2000 pege 3 of 16 COMMERCIAL GENERAL elUTY However, this paragraph does not apply to liability for damages because nr "prop. erty damage' that the insured would have In tha absence of such request, demanci, order or statutory or regulatory require'- ment. or such claim or "suil" by or on beL half of a governrl1en1al authority. g. Aircraft, Auto Or Watercraft "Bodily Injury" or "property damage" anslI1g out of the ownership, maintenance, use or en~ trustment 10 others of any aircraft, "auto" or , watercraft owned or operated by or rented or loaned to any insured. Usa includes operntion and "loading or unloading". I This exclusion. applies even if the claims against any insured allege negligence ot other wrongdoing in the supervision, hiring, employment, training Or monitoJing of others by that insured, if the "occurrence" which caused the "bodily injury" or "property dam' . age" 'nvolved Ihe ownp.r5hip, mAintenanr;e', use or entrustment to others of any aircraft, "auto".or watercraft that Is owned or operated by or rented or loaned to any inSUred. . This excluSion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not Own fhat is: (a) Less tIlen 261eet long: and (b) Not being used to carry persons or property for a charge; I (3) Parking an "auto" on, or on the ways next to, p"!miSeS you own or rent, provided lhe "auto" is not owned by Or rented or loaned to you or the insured; I (4) liability assumed under any "insured coni traet" for the ownership, maintenance or use of aircraft or watercraft: or I (5) "Bodily injury" or "property damage" aris, log oUl or the operation or "ny or the equipment listed in Paragraph f,(2) or f.(3) Of the definijlon of "mobile eqUIp) ment". h. Mobile Equipment "Bodily injury" or 'properly damnge" out Of; arising I (1) The transportation of "mobile equipment'! by an "auto" ownad or operated by or rented or loaned to any insured;' or Page 4 of 16 . (ll Tile use of "mobile equipment" in, or while In practice for, or while being pre- pared for, any prearranged racing, speed, demollllon, or stunting activity. i. War "Bodily tnJury" or 'property damage" due to war, whether or not declared. or any act or condition incident to war. War Includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liabil~y assumed under a contract or agreement. j. Damage ToP roparty ""'roperty damage" to: (1) Property you own, rent, or occupy, includ- ing any costs or e<penses incurred by you, or any other person, organization or entity, for repair, replacement, enhance- ment, restoration Or maintenance of such property for any reason, including preven- tion of injurY to a person or damage 10 another's property: (2) Premises you sell, give away ,)r abandon,. If the "property damage" arises out of any part of those premises; (3) Property loaned to you: (4) Personal property inlhe care, custody Or control of the insured: (5) That particular part Of real property on which you or any contractors or subcon. tractors working direCtly or indirectly on your behalf are performing operations, if the "property damage' arises 001 of those operations; or (6) That particular pert of any property that must be restored, repaired or replaced because "your work' Vies incorrectiy per- formed on It. ParagraphS (1). (3) and (4) of thi, exclusion do not apply to 'property damaga" (other than damage by fire) to premises, including Ihe contents of such premises, rented to YOU for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage 10 Premises Rented To You as described In Section III - Limits Of Insumnce. Paragraph {2} of this exclusion does not apply if the premises are "your work' and were never occupied, rent ad or neld for rente I by you. Copyright, The Travelers Indemnity Company, 1998 CG 00 01 10 01 .""'" c " .= , oiiiii 0- .- - """" "= ~- """" ........ '- - -- o 0::::: - .I/. -- . .""". . Paragraphs (3), (4), (5) and (6) of this excluj sion do not apply to IiBbmty Bssumed under a sidetraok agrBemBnl I Paragraph (6) of this exclusion does not appl~ t(l "property .damag~1! included 1'.1 the "pro~ wets-completed operations hazard", k. Damage To Your Product 'Property damage" to "your product" arising out of it or any part of it. I I. Damage To Your Work "Property damage" to "your work" arising out of it or any pari of it and included in the "products-completed operations hazard". I This exclusion does not apply if the damaged work or the work out of which the damage , arises was perfOlmed on your behalf by a subcontractor. . I m. Damage To Impaired Property Or Property Not Physically Injured I "Property damage". to "impaired property" or properiy that has not been physically injured! arising out of: . '. '. . I (1) A defect, deficiency, inadequacy or dan; gerous condition in "your product" or "your work"; or . I (2) A deley or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. I This exclUSion does not apply to the loss of . , use of other property arising oul of sudden and accidental physical injury to "your prodf. uct" or "your work" aner il has been put 10 its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or ex, pense incurred by you or others for the loSs ot lIse, INilllurawal, reGall, inspedion, repair; ret placemeol, adjuslmen1, removal or disposal of: Ii (1) "Your product"; (2) "Your worK'; or (3) "Impaired property"; ~ such product, work, or property is withdrawn , or recallea from the market or from use by any person or' organization because of a known or suspected defect, deficiency, in! adequacy or dangerous condition In It. .MERCIAL GENERAL liABILITY o. Personal And Advertising Injury "Bodily injury" arising out of 'personal and advertising injury". Exclusions c. through n. do not apply to dam- age by nre to premises while rented to YOLl or temporarily occupied by you ",th permission 01 the owner, A separate limit 01 insurance applies to this coverage as described in Sec- tion /11- Limits Of Insurance. COVERAGE 8 PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be- comes 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, However, we will have no duty to defend Ihe insured against any "suit" seeking damages for "perSOnal and advertising Injury" to Which this insurance does not apply, We m8y, at our . discretion, investigate any offense and' settle any claim or "suit" thai may result. But (1) The amount we \Mil pay for damages is limtted as described in Section III - Umits Of Insurance; and (2) Our right and duty 10 defend end When we have used up the applicable Iimft of insurance in the payment of Judgments or settlements under Coverages A or B or modical expenses under Coverage C. No olher obligation or liabiDty 10 pay sums or perform aels or services is covered unless exr~icllly provided for under Supplementary Payments - Coverages A and 8, b. This Insurance applies to "personal and ad- vertising injury" caused by an offense arising out 01 your business but only If the Offense was committed in Ihe "coverage lerritory" dur- ing 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 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". CG 00 01 10 01 @ ISO Properties Inc" 2000 Page 5 of 16 l.fHI-l::,J....-.:::.I!J!::.'''I t:J.....<.fQ r" U II '1~'...!r'.MI '1.......1:.:. COMMERCIAL GENERAL .LITY b. Material Published With Knowledge Of FalsilY I 'Personal and advertising injury" arising' ou1 of oral or written publicalion of material, if done by or a) the direction of the insured with knowledge at its falsity, c. Malerial Published Prior To Policy ",eriod "Personal and advertiSing injulY" arising aut , at oral or written publication at malerial whose first publication look place before the beginL ning at Ihe policy period, d. Criminal Acts "Personal and advertising injury" arising out of a criminal acl committed by Or at the dlrecL tion at Ihe insured, e. Contractual Liability "Personal and advertising injury' for whicl1 the insured has assumed liability in a contract or , , agreement. This exclusion does not apply to liability tor damages that the insured would have in the absence of the contrect or ag'r'eement., I t. Breach 01 Contract 'Personal and advertislna injul)''' arising out of a breech at contract, except an Implied conlracl to use anolher's advertising idea i~ your "advartisement", I g. Qualily Or Performance Of Goods - Fail. ure To Conform To Statements I 'Personal and advertising injury" ari~ing out of the tailure of goods, products or services to contonn with any statement of qua lily or per~ tOITTlBnCe made in your 'advertisement", h. Wrong Description Of Prices 'Personal and advertising injury" arising out of the wrong description of the price of goods', products or services slated in your 'Sdver-I' lieemenl', ' Infringement Of Copyright, Patent, T"'dOI' mark Or Trade Secrat 'Personal and advertising injury" arising out of lhe infringement of copyright, pateni, trademark, trade sec,el or other intellectual property rights, I However, Iflis exclusion does not apply 10 In. fringement. in your "advertisement". of copyL right. Irade dress or slogan. i. r .tJJ'. L:J . j. Insureds In Media And Inlernet Type Busi- nes9e:l "Personal and advertising injury" commitled by an insured whose business is; (f) Advertising, broadcasting, publishing Of lelecasting; (2) Designing or detennining content of web- siles tor others; or (3) An Internet search, access, contenl or service provider. However, this exclusion does not apply 10 Paragraphs f4.8.. b, and c. at "personal and advertising injury" under Ihe Definitions Sec- lion. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internel, is not by Itself, consldered the business at advertis- ing, I1roadcasting, pul16shing or telecasting, k. Electronic Chatrooms Or Bulletin Boar:ds "Personal and advertising injury" arising out of an elactronic cllalroom or bulletIn board the' in5ured hosts. awns, or over which the in. sured exercises control. I. Unauthorized Use Of Anothe"s Name Or Product "Personal and advertising injury" ari~ing out of the unauthorized use of another's name or product In your e-mail address; domain name or metalag, or any other similar taellcs 10 mis- lead another's potential customers, m. Ponution "Personal and advertising Injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration. release or es- cape of "pollutants" at any lime, n, PoRution-Related Any losS, cost or expense arising oul of any: (f) Request, demand or order that any in- sured or othp.-rs tp.st for, rnonilor, dean up, remove, contain, treat, deloXify or neutral- ize. or In any way ",spond to, or assess the effects of, 'pollutants"; or (2) Claim or suit by or on behalf of a govern, mental authority for damages because of 'testing for, monitoring, cleaning up, re- moving. containing, treating, detoxifying or neutralizing, or in any way responding Page 6 of 16 Copyright, The Travelers Indemnity Company, 1998 CG 00 01 f001 . = .- . === .= .::= .- - .... "= "- - ~ - -= - ..;;;;;; = . "- - ....... ...... ."""'" 0(10831 MA'r'-04-2004 04:46 KPD IHSLRANCE . to, or assessing the effects of, "pollut- ants", COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injulY' caused by an acciJ dent: (1) On premises you own or rent; (2) On ways next to premises you own o~ rent; or (3) 6ecause of your operations; provided that: (1) The aCCident takes place In the "coverage territory" and during the policy period; I (2/ The expenses are incurred and reported, to us within one year of the date of the accident; and I (31 The injured person submits to eXRlnina., tion, at our expense, by physicians of our choice as olten as we reasonably require.! , b. We will make lhese payments regardless of fault. These payments will not exceed the a~ plicable limit of insurance, We win pay rea" sana tile expenses for: (1) First aid administered at the time of an accident; I (2) Necessary medical, surgical, x-ray and dental services, including prosthetic dB-II vices; and (3) NecesS8IY ambulance, hospital, profes- sional nursing and (ullel3l services, 2~ Exclusions We will nol pay expenses (or "bodily injury"; a. Any Insured To any insured, except "volunteer work. ers". b. Hired Person To a person hired to do work (or or on, behalf of any insured or a tenant of any I insurad. c. Injury 011 Normally Occupied Premises To a parson injured on tnal part of premj ises you own or rent that the person nor. maliyoccupies. P.10/19 aMERCIAL GENERAL LIABILITY ct. Worker.; Compensation And Similar Laws To a person, whether or not an "em- ployee" of any insured. if benerrts for the "bodily injury" are payable or must be provided under a wor1<ers' compensation or disability banents law or a similar law. e. Atliletics Activities To a person injured wl1l1e taking part 10 athletics. f. Products-Completed Operations Haz- ard Included within the "Products-completed operations hazard", g. Coverage A Exclusions Excluded under Coverage A. h. War Due to war, whether or not declared, or any act or condition incident to war. War includes civil war, InSurrection, rebeliion or revolution. SUPPLEMENTARY PAYMENTS - COVERAGES A ANDB 1. We will pay, with respeel to any claim we investi. gate or settle, or any "suit" against an insured we defend: a. AIi expenses we incur. b. Up to $,,50 for cost of bail bonds required be. cause of accidents or traffic law violations arising out of the use of any vehicle to Which the Bodily Inj1..IY Llabmty Coverage applies. We do not nave to furnish these bonds. c. The cost of bonds to release attachments. but only for bond amounts within the applicable limit of insurance. We du not have to furnish these bonds. d. An reasonable expenses incurred by the in- sured at our request to assist us in the inves- ligation or defense of the claim or "suit", In- cluding adual loss of earnings up to $250 a day because of time oil from work. e. All costs taxed again51 the insured in the "su~". f. Prejudgment interest awarded against the in- sured on that part of the judgment we pay. If we make an offer to pay Ihe applicable Iim~ of insurance, we will not pay eny prejudgment CG00011001 @ ISO Properties Inc., 2000 Page 7 of 16 "n, U'" or;.'i:..lLl'" U......., n, ~ l"........'....n"'-'L.. ~OMMERCIAL GENERAL LelUTY interest based On that period of time after the offeL I g. All interest on the full amount of any judgment that aGcrues after entl)! or the judgment and before we heve paid, offered to pay, Or de- pOSited In court the part of the judgmenl that is wilhin the applicable limit of insurance. I These payMents will not reduce the limits of in- surance, I 2. If we defend an insured against a "suit" and an indemnitee uf the insured is also named as k , party to the 'sull', we will defend that indemnitee If all of the following conditions are met: . I a. The "suit" against the indemnilee seeks dam- , ages for which the Insured has assumed the liability of the indemnllee in a contract dr agreement that is an "Insured contract"; I b. This insurance applies to such liability as- sumed by the Insured; I c. The obligation to defend. or the cost of the defense of, that indemnilee, has also been assumed by the insured in the same "insured contract'; I II. The allegations In the "suit" and the Informai tion we know about the "occurrenoe" are such , tllet no connlct appears to exist between the interests of the insured and the inlerests of the indemnitee; I e. The indemnitee and the insured ask us to oonduct end control the defense of that inf demnllee against sueti "suit" and agree lha~ we can assign the same counsel to defend Ihe insured and tne indemnitee; and 1. The indemnitee; (1) Agrees In writing to: (a) Cooperale with uS in the investige; tlon. settlement or defense of the "sun'; I (b) Immediately send us copies of any demands, notices. summonses or le1 gal papers received in connection with the "suU'" I (e) Notity any other IIlsurer whose oovi erage is availabl!! to the indemnitee; and I (d) Cooperate with us with respect to COj ordinating other applicable insurance available tothe Indemnitee; .and (2) Provides us with written authorization to: Page 8 of 16 r. .LJJ.L:;' . (al Obtain reoords and other information related to' the 'suil"; and (bl Conduc1 and control the defense of the indemnitee in such 'suit". So long as Ihe above oondllions are met, attor- neys' fees incurred by us in the defense of thai indemnitee, necessary litigation expenses in- curred by uS and necessary litigation expenses inouned by the indemnitee at our request will be paid as Supplementery Payments. Notwithstand- ing Ihe provisions of Paragraph 2.b.(2) of Section I - Coverage A - 80dily Injury And Property Damage L.iability, such payments will not be deemed to be damages for "bodily injury" and 'property damage" and will not reduce lhe limits. of insurance. . Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary liti- gation expenses as Supplementary Payments ends when: II, We have used up the appliceble limit of In- surance In the payment of jUdgments or set- tlements: or b. The conditions set forth above, or lhe terms . of the agreement desGribed in Paragraph f. above, are no longer met. SECTION II - WHO IS AN INSURED 1. If you are l:lesignated In Ihe DeClarations as: a. An Individual. you and your spouse are Insur- eds, but only with respect to the conduct of a business of wl1icl, you are the sole owner. b. A partnership or joint venture, you are an in- sured. Your members, your partners, anl:l their spo.uses are also insureds, but only with respect to the conduct of your business. c, A Iimffed liability company, you ere en in- sured. Your members arn also Insureds, but only with respect to the Gonduct of your blls~ ness. 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 liatilily company. you are an insured. Your 'executive officers" and di- reotors are insureds, but Only with respect to their duties as your officers or directors. Your stockholders are also insuredS, but only with respeot to their liabilny as stockholders, e. .A trust, you are an Insured. Your trustees ere al~o insureds, but only with respect 10 their duties as truslees. Copyrighl, The Travelers Indemnity Company. 1998 CG DO 01 10 01 '- "= = .= ;;;;;;;;; .!!!!!!! .... .- - .!!i!i!!ii - " . - ;;;;;;;; .= ....- . "Ii!!'!!! Oiiiiiii .!!!'!!'! " ....... " """" ....... = -= : OD0532 ".,. ....... '<:',"",u-. '-',......, . 2. Each of the following is also an insured: a. Your 'volunteer worKers' only while perform- ing dulles related to the conduct of your bus~ ness, or your "employees", other than eilllE)r your "executive officers" (If you are an organ~ zalion other than a partnership, joint venlure or limned lIamIRy company) or your managers (if you are " Iimijed liabilily company), bJI only lor acls within the scope of their em- ployment by you or while perfoJTTling duliss related to Ihe conduct of your business. HoW- , ever, none Of these "employees" or "volunleer workers" are insureds for: I (1) "Bodily injury" or 'personal and advertis- ing injury"; I (a) To you, to your partners or members (if you are a partnership or joint veri. ture) , to your members (if you are 9 Ilrn~ed liability company), to a c6- "employee" while in the course of hi~ or her employment or performing dU. lies relatea to the conduct of your business, or to your other "volunte~r worKers" While pP.rfomllng dUfles r~ lated to the conduG! of your business! (b) To the spouse, child, parent. brothelr or sister of that co-"emptoyee" dr "volunteer worker" as a consequence of Paragraph Ii )la) above; I (e) For which there Is any obllgatlon to share damages with or repay some!- one etse who must pay damages be~ cause of Ihe injury described in Para~ graphs (1)(a) or (b) above; or I (d) Arlslng out of his or her providing or failing to provide profeSSional health care services. (2) "Property damage" to property: (a) Owned. occupied or used by, (b) Rented to. In the care. custody or control of, or O\ler which physical con~ trol is being exercised for any purl pose by . I you, any of your "employeesll, "volunteer workers", any partner or member (if you are a paftnerstlip or Joint verdure), or any mumber (if you are a limited liability comL pany). CG 00 0110 01 .MERCIAL GENERAL LIABILITY b. Any person (other than your "employee" or "volunteer worl<er'1, 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) wnh respect to liability arising out of the malntenence or use of that property: and (2) Until your legal representative has been appointed. d. Your legal representative II you die, but only with respect to duties as such. That represen- tative will have all your rights and duties un- der this Coverage ParI. 3. With respect 10 "mobile equipment" regiStered in your name under any motor vehide registration law. any person is an insured while driving such equipment along a public nlghway With your per. mission, Any other pe~on or organization reo sponsible for the cohduG! of suon person is also an insured, but only With respect fa liability arising oul of Ihe operation of the equipment and only if no other insurance of any kind Is available 10 that person or organization for this liability. However, no person or organization Is an Insured witn re- spect 10; a. "BOdily injUry" to a co-'employee" of the per. son dri'linlllhe equipment; or b. "Property damage" to proparty owned by, rented to, in Ihe charge of or occupied by you or the employer of any person who is an In- sured under this provision. 4. Any orgenization you newly acquire or'fonn, other Ihan a partnef$hlp, Joint venture or limited lIabllky company, and over which you maintain ownership or majorily Interest, will qualify as a Named In- sured if there is no other similar Insurance avad- able to that organization. However. a. Coverage under this provision 15 afforded only untillhe 90th dey after you acquire or fonn the organization or the end of the policy pe- riod. whic;hever is earlier; b. Coverage A does not apply to "bodily injury' or "property damage" that occurred before you acquired or fanned the organization: and c. Coverage B does nol apply to "personal and advertising InjUry" arising out of an offense committed before you acquired or formed the organization. @ ISO Properties Ino., 2000 Page 9 of 16 I'JRY-04-2004. 04:4',' KPV JJ~5L"RNU: 'COMMERCIAL GENERAL .ILITY No person or organization Is all in5U1ed willi re, spect to the conduct of any current or post part- nership, joint venture or limited liability compan'y that is no1 shown as a Named Insured inlhe DeC- larations, SECTION 11I- LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and Ille lules below fix Ihe mosl we will p~y ~. gardJess or the number of: a. Insureds: b. Claims made or "suits" brought: or c. Persons or organizations making claims or bringing "suits". I 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 dam. ages because of "bod~y injury" or "properly damage' included in the "products.complelea operations hazard"; ~nd c. Damages under Coverage 8. 3. The PrOducts-Completed Operations AggregHI~ Limit is the most we will pay under Coverage 'I' for damages because of "bodily injury" and "prop- erty damage" included in the "products.comPlete~ operations hazard". I 4, Subject to 2. above. the Persunal and Advertising Injury Limit is the most we will pay under Cover,- age e for the sum of all damages because of all "personal and advertising injury" sustained by any ona person or organization. I 5. Subject to 2. or 3. abcve, whichever applies, the Each Occ'Jrrence Limit is the most wa will pay feir the sum of: a. Damages under Coveraga A; and b. Medical expenses under Coverage C becausa of all "bodily injury" and "property dam- age" Blising out uf anyone "occurrence". l G. Subject to 6. abOve, the Damage To Premises Rente<1 To Ynu Limit is Ihe most we will pay un'- der Coverage A for damages because of "pro~ erty dam:3ge" 10 anyone premises, while rentRd to you, or in the Gase of demage by fire. whil~ rented to you or temporarily occupied by you WIth permission of the owner. I 7. Sllbject to S. above. the Medical Expense limit I~ the most we will pay under Coverage C for all F .13/19 . lTIp.dh;a1 expenses because of "bodily fnjury" sus~ Mined by any ona person. The Limits of Insurance of lhis Coverage Part a~ ply separately to each conseoulive annual period and to any nemainlng period of less than 12 months. starting with the beginning of the poliCY period shown in the Declarations, unless the po~ icy period is exlended after Issuance for an addi- tionei period of less than 12 monlhs, In that case. the additional period will be deemed pari of Ihe last preceding period for purposes of determining the Limits of Insurance, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolveocy of lhe insured or. of the insured's estale will not relieve us of our obliga- tions undar this Coverage Part. 2. Du1ies In The Event or 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 WI1Ir.h may resu" 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: Bnd (3) The nature and location ot aoy 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 specifies of the claim or 'suit" and the date receivad; and (21 Notify uS as soon as practicable. You must see to it that we receive written no- lice of the claim or 'suit" as soon as practica- ble. c. You and any other involved il1s~red must: (1) Immediately send US copies of any de- mands, nofice~, summonses or legal pa.. pers received in connection with the claim or.suW; (2) Authorize US to obtein records and other information; Page 10 of t6 Copyright, The Travelers Indemnity Company, 1998 I CG 00. 0110 01 >;;;;;;; "...... - - "= ;;;;;;;; . .... "- ~ .!:ii!!!i ...... . . ...... -- = 0- - .- = "- . - ~ ,- ..... .= .== . . Iln, U"1 '::'~U'-l t..!'-t....u ."..... ~,,~"..-"'nl ,'-~ . (31 Cooperate with us in the investigation 0\ settlement of the claim or defense against the "suit.... and I (4) Assist us, upon our request, In the en- forcement of any right against any personl or organization which may be liable 10 the: Insured because of In/ury or damage to 'MIich this insurance may also apply. I d. No insured will, except at that insured's own cost, volunfarily make a payment, assume: any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: I a. To join us as a party or othelWJse bnng us into a "suit" asking for damages from an in-I sured; or ' b. To sue us on this Coverage Part unless all ofl its terms have been fully complied with. A person or organi'fation may sue l" to recoverl . on an agre'ect settlement or on a final' judgment. againsl an insured: bu1 we will not be liable for: damages that are not payable under the terms ofl Ihls Coverage Part or that are in eXGess of the applicable limit of insurance. An agreed settle- mem means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If o1her valid and collectible Insurance Is available to the insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations are Rmited as follows: a. Primary Insurance This insurance is primary except when b. be- low applies. If this insurance is primary, our obligations are not affected unless any of the other insurance Is also primary. Then, we will sMre wtth all that other insumnce uy the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any oflhe other Insurance, whelM. pri- mary, excess, contingent or on any other basis: la) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; .ERCIAL GENERAL LIABILITY (bl That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner: (e) That is insurance purchased by you to caver your Iiabiltty as a tenant for "property damage' to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the mainte- nance or use of aircraft, llautosU or watercraft 10 the extent not subjecllo Exolusion g. of Seotion I - Coverage A - Bodily Injury And Property Dam- age Liability. (21 Any other primary Insurance available to you covering liability lor damages 'arislng out of the premises or operations ror which you have been added as an addi. tional insured by attachment of an en- rtorsemenl. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured aaalnst any "suit' if any other in- surer has a duty to defend the insured against that "sutt". If no other insurer defends, we will undertake to do so, but we will be entitled to the Insured's rights against alllhose other In. surers. When this insurance is excess over other in- . suranee, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such otl1er in- surance would pay for the loss in the ab- senae of this insurance; and 12) The tOlal of all deductible and self.insured amounts under all that other Insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and waS not bought specificaliy to apply in excess of the Limits of Insumnce shown in the Declarations of this Coveraae Part. c. MethOd Of Sharing If all of the other insurance permits contribu- tion by equal shares, we will follow this method also. Under this approach each In. surer contributes equal amounts until tt has CGOOOll00f @ ISO Properties Inc., 2000 Pag~ 11 ot16 M08:3:l COMMERCIAL GENERAL L.TY paid its applicable limit of insurance or none of !he loss remains. whichever comes first. .1 If any of Ihe other insurenoe does not permit oontribution by equal shares, we will conlri~ ute by limits. Under this method, each In- surer's share is based on the ratio of Its apPII~ cable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this cover., age Part in accordance with our rules and rates. I b. premium shown In this Coverage Part as ado, vance premium is a deposit premium only. At the olose of each audit peliod we will comj pute the earned premium for lhat period and send notice 10 the first Named Insured. Th!! dt,e date for audll and retrospective premi1 urns is the dale shown as the due date on the bill. If the sum of lhe advance and audit pre.! mlums paid for the policy period is greate\ than the earned premium, we will return the . exCess to lhe fhst Named Insured. \ c. The first Named Insured must keep records of the infonnatlon we need for premium comp~ tation. and send US copies at such limes as we may request. 6. Rep..esentations By accepting this polley, you agree: a. The statements In the Declarations are aoou-1 rate and .complete; b. Those statements are based upon represen-I tations you made to us; and c. We have issued this .policy In reliance upon your representations. 7. Separation Of Insureds Except with respect 10 the limits or IIIsu'.IIe"" and any rlghls Or duties specificaJly assigned in' this coverage Part 10 me first Named Insueed,! this insurance applies: I a. As if each Named Insured were lhe onlYI Named Insured; and 1>. separately to each insured agelnst whom claim is made or "suit" is brought. I 8. Transfer Of Rights Of ReCOVery Against OIh-1 ers To Us . If the Insu.rod has rights to reCOVer all or part 0\ any payment we have made under this Coverage . Part, those rights are transferred to us. The in- sured must do n01hlng after loss to impair them. At our request, the insured wiJl bring "sull" or transfer those righls to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew lhis Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nomenewal not less than 30 days before the expo ration date. If notice Is mailed, proof of mailing will be suffl- cienl proof of notice. SECTION V - DEFtNITIONS 1. "Advertisement" means a nolice that is broadcast or published .to the general public or specific mar. kel segments about your goods. product~ or ser. vices for the purpOSe of allracting customers or supporters. For the purposes of this definition: a. Notices that ere published include matertel pleceo on the Intemet or on similar eleclronic means of communication: and b. Regarding web-sites, only that part of a web- sile thai is about your goods, products or ser- vices for the purposes of allractlng customers or supporters is considered an advertisement. 2. "Auto" means a land motor vehicle, trailer .or semllrailel designed for travel on publiC roads. in- ciuding eny al1ached machinery or equipment . But "auto' Ooes not Include "mobile equipment". 3. "Bodily injury" means bodily injury, siokness or disease sustained by a person, Including dealh resulting from any of these al any time. 4. "coverage territory" means: a. The United Sliltes of America (including its territories and posseSSiOnS), Puerto Rico and Canada; b. Intemational waters or airspace, but only if Ihe injury or damage occurs In the course of travel or transportation betwean any places Included In a. above; or c. All other parts of lhe world if the injury or damage arises out of (1) Goods or prOdUcts made or sold by you in the termory described In a. abolle; (2) The ectivities of a person whose home is In the larrtlory described in a. above, but is away for a short time on your business; or' Page 12 0115 Copyrigllt. The T',avelerslndemnity Company, 1998 CG 00 0110 01 - - "~ == . oiiiii .== "- - """" ...... "= .== --- .. : - . o 0_ iiiiiii -- "- .~ . (3) "!'ersonal and advertising Injury" offense~ thai take place through the Inlernel or similar electronic means of communlca.l' lion provided Ihe insured's responsibility to pay damages is determined in a "suil" on Ihe mert Us in the terrilory described in a. above or in a ~etllement we agree to. I 5. "Employee" includes a '1eased worker". 'Em- ployee" does not In dude a "temporary worker". I 6. "E'.xecutlve officer" means a person holding any or Ihe omcer positions created by your charter, coni slitution, by-laws or any other similar goveming dOCUment. , I 7. "Hostile fire' means one which becomes unconj IroUable or breaks oul from where it was intended ~. I 8, "Impaired property" means tangible property, other than "your product' or "your work". that cannot be used or is less useful because: I a. It Incorporales 'your product" or "your WOrk'j th. at is known or thought to be defective, defi'l cienl, Inadequate or dangerous; Or b. You have failed 10 fulfill the terms of a con- trae! or agreement; jf such property can be reslored to use by: a. The repair, replacement. adjustment or re-I moval of .your product" or "your work"; or , b. Your fumlling tn. terms of II'. contract or agreem en\. 9. "Insured contract" means: a. A contract for a lease 01 premises. However, that portion of the conlract for a lease of premises thai indemnifies any person or orj ganizalion for dilmage by fire to premise~ while rented to you or temporarily occupied, by you with permission of the owner IS not an "insured contract"; b. A sidelrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; I d. An obligation, as required by ordinance, to inj demnily a munidpality, except in connection with work for a municipality; e. An elevator maintenance agreement; 1. That part of any other contract or agreement pertaining to your business (including an in! .ERCtAL GENERAL LIABILITY demnification of a municipality in connection with work performed for a municipality) under IMllch you assume the tort liability of another , party to pay for "bodily injury' or "property damage" to a third person or organization. Tort liability means a liabil~y that would be imposed by law in the absence of any con- tract or agreement, Paragraph f. does not include that pal1 of any contract or agreement: (1) That indemnities a railroad for "bOdily injury" or "property damage" .rtslng out of construc, tion or demontion operations. wilhin 50 leet of any railroad property aM aflectlng any rail- road bridge or trestle, tracks, road.beds, tun- nel, underpass or crossing; (2) Th.t indemnifies an architect, engineer or surveyor for injul)' or dama!!e artsing out of: (a) !'reparlng, approving, or failing to prepare or approve, maps, shOp drawings, opin- Ions, "'ports, surveys, field orders, change orders or drawings and sp.citica- tions; or (b) Giving directions or instructions, or faiiing to give lhem, if thai is the primary cause of the injury or damage; or (3) Under which the insured, if an arcMect, engi- neer or surveyor. assumes liability for an in. jury or damage artsing out of the insured's rend.rlng or failure to render professional' services, including those lisled in (2) above and supervisory, inspection, arChitectural or Rnglneering activities. 10. "Leas@d worker" means a peJ'9on leased to you by . labor leasing firm under an agreement 1Je- tween you end trie labor leaSing tirm, to perform duties ",Iated to the conduct of your business. ''Leased worke(' does not include a "temporary worker". 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement imo or onto an air, cran, watercraft or "aufo"; b. While iI is In or on an aircraft, watercraft OJ' "auto"; or c. WhHe it is being moved from an a!ttrat!, wa- tercraft or "auio' to the place where n is finally delivered; eG00011001 @ ISO Properties Inc., 2000 Page 13 of 16 1;II:H}&:;I4 COMMERCIAL GENERAL .IUTY but "loading or unloading" does not include the movement of property by means of a mechanical device, ather than a hand truck, that Is noi ai. tached to the aircraft, watercraft or "auto", I 12. "Mobil. equipment" means any of the fallowing types of land vehicles. including any atlachea machinery or equipment: . I a. Bulldozers. farm machinery, forklifts and ather vehicles designed for use principally oM public roads; I b. Vehicles maintaioed for use solely on or next to premises you own or rent; c. Vehicles lhal travel an crawler treads: d. Vehicles. whether self-propelled Or not, main- tained primarily to provide mabilny to perma~1 nentiy mounted: (1) Power cranes, shovels, loaders, diggers or drills; or I (2) Road construction or resurfacing equiPj men! such as graders, scrapers or rollers, e, Vehicles not described in a., b., c, or d! . , above that are not self-propelled and are maintained primanly to provide mobility to penmanentiy attached equipment of the loll towing types: I (1} Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or I (21 Cherry pickers and simUar devices used to raise or lower wor1\ers; I f. Vellicles nol described in a.. b., c, or d. , above maintained primarily lor purpo5eS other than the transportation of persons or cargo. I However, sell-propelled vehicles with the fol- lowing types of permanently attached equlp-: menl are not "mobUe equipment" but will be constdered "autos": (11 Equipment designed primarily for: (a) Snow removal; (bl Road maintenance, but not construc-" tlon or resurfacing; or {c} Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chessis and used to raise Or lower workers; and (3) Air compresSors, pumps and generators, Including spraying, welding, building Page 14 of 16 1..1.1'.1.-' . cleaning, geophysical exploration, lighting and well servicing equipment. 13. "OCCurrence" means an accident. including continuous Or repeated exposure 10 substantially the same general hanmful cond~ions. 14, "Personal and advertising injury" means injury, Including consequential "bodily Injury", arising out 01 one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into. or invasion of lhe righl of private occu- pancy 01 a room, dwelling or premises that a person occupies. committed by or on behalf 01 its owner, landlord or lessor; d. Oral or written publication. in any manner, of male rial thai slanders Dr libels a person or or- . ganlzatlon or disparages a person's or or. ganiZalion's goods, prOducts or servioes: e. Oral Dr written publication, in any manner, of material that violates a person's right of pri- vacy; 1. The use of another's advertising Idea in your "advertisement"; or g. Infringing upon another's copyright, trade dresS or slogan in your "aclvertiiement". 15. "Pollutants" mean any solid, liquid. gaseous or lhenmal Irritanl or contaminant, including smoke, vapor, soot. fllmes. adds, alkalis, chemicals and waste. Waste includes materials 10 be recycled, reconditionee! or reclaimed. 16, "Products-completed operations hazard": a. Includes all "bodily Injury" and "property dam- age" occurring away from premises you awn or rent and arising out 01 "your prOdUct" or "your work" except: (1) PrOducts that ara still in your physical possession; or (2) Work that has not yet been completed or abandoned_ However, "your workll will be deemed completed at the earliest of the following times: (a) When all of the wor1< called for in your contract has been completed. (b) When all of the wor1\ \0 be done at the Job site has been completed If your contract calls for work at mare than one job site. Copyrighl, The Travelers Indemnay Company, 1998 CO DD 0110D1 - ~ .= ~- .i!!!5! o ~ .- - - --== ~ii ....... ~- -- - "'== ""'"' - =e - . . C1coa~!!. . (c) When that part of the work done at ~ job site has been put to Hs intended . ' . I use by any person or organizatIOn I other than another contractor or sUbf contraclor working on the eame PIO'\ jed. work that may need service, mainte. nance, COllection, repair or replacemenlt but which is otherwise complete, will be treated as completed. I b. Does not include "bodily injury" or "property damage" arising out of: I (1) The transportalion of property. unless the , injury or ~amage arises out of a cond~lon in Or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; I (21 The existence of tools, unlnslelled equipment or abandoned or unused mal tenals; or I (31 ~roduct~ or operations for which the cles-I Sihcation, listed in the Declarations or In a policy sehedule. states that prOducts-: completed operations are subject to .the General Aggregale Limit. 11. "Property damage" means: a. Physical Injury to tangible property, including all resulting 1055 of use of that property. Ali such loss of use shall be deemed to occur at' the time of the physical injury that caused it;' or b. Loss of use of tangible property that is not physically injurnd. All such loss of use shall be deemed to ocmr at the time of Ihe "occur- rence" thaI caused it. For the purposes of this Insurance, electronic date is nol tangible property. As used in this definition, electronic data means information. facts or programs stored as or on, created or used on. Or .transmmed to or Irom computer software, including systems and appli-. cations software, hard or floppy disks. CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electroni- cally controlled equipment. 18. 'Sull" meens a civil proceeding in which damages because of "bodily Injury", "property damage" or 'personal end advertising injury" 10 which this in- surance applies are alleged. "Sull" includes: CG 00 01 1001 eMERCIAL GENERAL LIABILITY a. An arbitration proceeding in which such dam- ages are claimed and to which the insured must submit Or does submit WIth our consent; or b. Any other alternallve dispute resolullon pro- ceeding in which such damages are claimed and 10 which tha Insured submits with our consent. 19. "Temporary werlea," means a person who is furnished 10 you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions 20. "Volunteer worker" means a person who is not your "employee", and who donates hi.. or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a lee. salary or other compensation by you or anyone else for their work performed for you. 21. "Vour product': a. Means: (1' Any goods or products, other lhan real property. manufactured, sold. handled, distributed or disposed of by: (8) Vou; (b) Oll,ers trading under your name; or Ie) A person or o'1lanization whose busi- ness or assets you have acquired; and (2) Containers (other than vehicles), materi- als, parts or equipment furnished in con- neclion with such goads or productS. b. Includes (1l Warranties or representalions made al any time with respect to the f~ness, qUal- ity. durabilny. performance or use of "your product"; and (2) The providing of or failure to provide warnings or instruc...iJons, c. Does nol include vending machines or other property ,ented to or located for the use of others but not sold. 22. I~Your work": a. Means: (1) Work or operations performed tiy you or on your behalf: and (1) Materials, paris or eQuipmenllurnlshed in connection with such wor1l or operations. @ ISO PropertieS Inc., 2000 Page 15 of 16 . 'COMMERCIAL GENERAL .UTY b. Indude, (1) Warranties or representations made at any time with respect to the fitness, Qual' Page 16 of 16 . . ily, durability, performance or use of 'your work", and (2) The providing of or failure 10 provide warnings or instructions, Copylighl, The Travelers Indemnity Company, 1996 CGOO 011001 TOTI'L p, 19