HomeMy WebLinkAboutMiscellaneous APPLICANT 5/5/2004
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Date Received: 5-5 -of
Plann~r: I of 20
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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
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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
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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
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.
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
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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
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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
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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
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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.......,
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~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
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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
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(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
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(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.-'
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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
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(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