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Home My WebLink AboutSWP273472(1) HUMAN RESOURCES 000 AND RISK MANAGEMENT 5.((6 (a M E M O R A N D U M DATE: November 4, 2009 NOV 1 -?009 TO: Gary Del rosario CITY OF RENTON FROM: P.J. Sulky 4 UTILITY SYSTEMS SUBJECT: Insurance Review/Marshall & Associates, Inc. *Change in Insurer's* Surface Water Inventory Mapping— Phase 1 I have reviewed the certificate of insurance and supporting policy documents for the above-mentioned contract. The insurance coverage, evidenced for this contract, meets the City's risk management requirements. h:\risk\certificates\specific memo's\contract okay.doc ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE 10-15-2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION WELLS FARGO INSURANCE INC/PHS MSC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 715776 P: (866) 467-8730 F: (877) 538-5295 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 BOX 29611 CHARLOTTE NC 28229 �Ify of Renton INSURERS AFFORDING COVERAGE INSURED Received INSURERA:Hartford Casualty Ins Co INSURER B:Hartford Fire Ins Co MARSHALL & ASSOCIATES OCT 22 200 INSURERC:The Hartford Ins Group 1603 COOPER POINT RD NW INSURER D: OLYMPIA WA 98502 Hil INSURERE: COVERAGES Risk UCces& rjQm THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED T ED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MM/DD/YY DATE(MM/DDNY) GENERAL LIABILITY EACH OCCURRENCE I s2 , 000 , 000 A COMMERCIAL GENERAL LIABILITY 41 SBA VX 5 4 7 5 0 6/01/0 9 0 6/0 1/1 0 FIRE DAMAGE(Any one fire) S3 0 0, 0 0 0 CLAIMS MADE U OCCUR MED EXP(Any one person) 1 $1 0, 0 0 0 X General Liab PERSONAL&ADV INJURY S2 , 000 , 000 GENERAL AGGREGATE S4 , 000 , GOO GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 54 , 000 , 0,00 POLICY I X I PECT RO LOC J AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $l , 000 , 000 B X ANY AUTO 41 UE C KE 9 0 2 9 12/04/0 9 12/0 4/10 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS LIABILITY_ EACH OCCURRENCE $1, 0 0 0 , 0 0 0 A X I OCCUR u CLAIMS MADE 41 SBA VX 5 4 7 5 0 6/0 l/0 9 0 6/01/10 AGGREGATE $1, 000, 000 $ DEDUCTIBLE $ X RETENTION $10 , 000 $ TATU WORKERS COMPENSATION AND X TO WC Y LIMIT SLIMIT OTH- R C EMPLOYERS LIABILITY 41 WEC IR9594 03/07/09 03/07/10 E.L.EACH ACCIDENT $100, 000 E.L.DISEASE-EA EMPLOYEE $1 0 0, 0 0 0 E.L.DISEASE-POLICY LIMIT S5 0 0, 0 0 0 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Those usual to the Insured ' s Operations . Re : Surface Water Inventory Mapping Phase #1 . Please see Add' l Cert . Text CERTIFICATE HOLDER I X I ADDITIONAL INSURED;INSURER LETTER: A CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL. City of Renton - HR&RM 30 DAYS WRITTEN NOTICE(10 DAYS FOR NON-PAYMENT)TO THE CERTIFICATE Attn: Pauli Sulkey HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO. OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1055 S GRADY WAY REPRESENTATIVES. RENTON, WA 98057 AUTHOR D �TIVE 7a-tWe ACORD 25-S (7/97) ACORD CORPORATION 1988 WELLS FARGO INSURANCE INC/PHS MSC P 0 BOX 29611 CHARLOTTE NC, 28229 05709 City of Renton - HR&RM Attn: Pauli Sulkey 1055 S GRADY WAY RENTON, WA 98057 Y a Additional Certholder Text N City of Renton is named Additional Insured and coverage is primary and non-contributory per the Business Liability Coverage Form SS0008 attached to the policy. The purpose of a certificate is for evidence of insurance only & it conveys no rights to the certificate holder. As such, we will not delete or amend the cancellation clause wording on the standard Acord certificate or provide a "guarantee" letter. -6` ACORD 25-S (7/97) Jun Z5 Z009 11:55:04 -> 4Z54307665 The Hartford Fax Page 004 F I' I. i BUSINESS LIABILITY COVERAGE FORM i n a Form SS 00 08 04 05 © 2005,The Hartford Jun Z5 Z009 11:55:11 —> 4254307665 The Hartford Fax Page 005 l 1 QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIA131LITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension-Supplementary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 a D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense, Claire Or suit 15 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5, Separation Of Insureds 16 6. Representations 16 7, Other Insurance 16 0. Transfer Of Rights Of Recovery Against Others"ro Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 13 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 06 04 05 Jun 25 2009 11:55 24 -> 4Z54307665 The Hartford Fax Page 006 ABCDEFGHIJ BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage, Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our"refer to the stock insurance company member of The Hartford providing this insurance. The word "insured"means any person or organization qualifying as such under Section C. -Who Is An Insured. (ether words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions, A. COVERAGES (a) The "bodily injury" or "property 1. BUSINESS LIABILITY COVERAGE (BODILY damage" is caused by an INJURY PROPERTY DAMAGE PERSONAL "occurrence" that takes place in the AND ADVERTISING INJURY) , "coverage territory"; (b) The "bodily injury" or "property Insuring Agreement darnage" occurs during the policy a. We will pay those sums that the insured period; and becomes legally obligated to pay as (c) Prior to the policy period, no damages because of "bodily Injury", insured listed under Paragraph 1. of "property damage" or "personal and Section C.-Who Is An Insured and advertising injury" to which this Insurance no "employee" authorized by you to applies. We will have the right and duty to give or receive notice of an defend the insured against any "suit" "occurrence" or claim, knew that seeking those damages. However, we will the "bodily Injury" or "property have no duty to defend the insured against damage" had occurred, in whole or any 'suit" seeking damages for "bodily in part_ If such a listed insured or injury.., "property damage" or personal and authorized "employee" knew, prior advertising injury" to which this insurance to the policy period, that the "bodily does not apply. injury" or "property damage" We may, at our discretion, investigate any occurred, then any continuation, "occurrence" or offense and settle any change or resumption of such claim or"suit"that may result. But: "bodily injury" or"property damage" (1) The amount we will pay for damages is during or after the policy period will limited as described in Section D. - be deemed to have been known Liability And Medical Expenses Limits prior to the policy period. Of Insurance; and (2) To "personal and advertising injury" (2) Our right and duty to defend ends when caused by an offense arising out of your business, but only if the offense was we have used up the applicable limit of committed in the "coverage territory" I insurance in the payment of judgments, during the policy period. settlements or medical expanses to which this insurance applies. c. 'Bodily Injury" or "property damage" will be No other obligation or liability to pay sums or deemed to have been known to have perform acts or services is covered unless occurred at the earliest time when any explicitly provided for under Coverage insured listed under Paragraph 1.of Section Extension-Supplementary Payments, C. - Who Is An Insured or any "employee" authorized by you to give or receive notice b. This insurance applies_ of an "occurrence"or claim; (1) To "bodily injury" and "property (1) Reports all, or any part, of the "bodily damage"only if: injury" or "property damage" to us or any other insurer; Form SS 00 08 04 05 Page 1 of 24 © 2005, The Hartford U Jun 25 Z004 11:55:53 —> 4Z54307665 The Hartford Pax Page 007 BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b, We will make these payments regardless of claim for damages because of the "bodily fault. These payments will not exceed the injury"or"property damage";or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for: "bodily injury" or "property damage" has (1) First aid administered at the time of an Occurred or has begun to occur. accident; d. Damages because of"bodily injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices; and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury". professional nursing and funeral e. Incidental Medical Malpractice services. (1) "Bodily injury" arising out of the 3, COVERAGE,EXTENSION- rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a, We will pay, with respect to any claim or physician, dentist, nurse, emergency ,suit" we investigate or settle, or any "suit" medical technician or paramedic shall against an insured we defend: be deemed to be caused by an "occurrence", but only if: (1) All expenses we Incur. (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services; and any vehicle to which Business Liability (b) You are not engaged in the Coverage for 'bodily injury" applies, business or occupation of providing We do not have to furnish these bonds, 4 such services, (3) The cost of appeal bonds or bonds to (2) For the purpose of determining the release attachments, but only for bond limits of insurance for incidental amounts within the applicable Ili-nit of medical malpractice, any act or insurance. We do not have to furnish omission together with all related acts these bonds, or omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the considered one"occurrence investigation or defense of the claim or 2. MEDICAL EXPENSES "suit", including actual loss of earnings up to $500 a day because of time off Insuring Agreement from work- a. We will pay medical expenses as described (5) All costs taxed against the insured in t below for "bodily injury" caused by an the"suit". accident: (6) Prejudgment interest awarded against (1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay_ If we make an offer to pay the rent; or applicable limit of insurance,we will not (3) Because of your operations; pay any prejudgment interest based on that period of time after the offer, provided that: (7) All interest on the full amount of any (1) The accident takes place in the judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are ittcurred and part of the judgment that is within the reported to us within three years of the applicable limit of insurance. date of the accident;and Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of examination, at our expanse, by insurance. physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS 00 08 04 05 I. Jun Z5 Z889 11:56:Z3 -> 4Z54307665 The Hartford Fax Page 008 p y BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" So long as the above conditions are and an indemnitee of the insured is also met,attomeys'fees incurred by us in the named as a party to the "suit", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred (1) The "suit" against the indemnitee by the inderrinitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 'l,b.(b) of Section B. — that Is an "insured contract"; Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage"and will not reduce the Limits of Insurance. (3) "rhe obligation to defend, or the cost of the defense of, that indemnitee, Our obligation to defend an insured's has also been assumed by the insured indemnitee and to pay for attorneys' fees and necessary litigation expenses as in the same "insured contract ; (4) The allegations in the "suit" and the Supplementary Payments ends when: information we know about the (1) We have used up the applicable limit .occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements; or of the insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in (5) The indemnitee and the Insured ask Paragraph(6)above, are no longer met. us to conduct and control the; defense B. EXCLUSIONS of that indemnitee against such "suit"and agree that we can assign the 1. Applicable To Business Liability Coverage same counsel to defend the insured This insurance does not apply to: and the indemnitee; and a. Expected Or Intended Injury (6) The indemnitee; (1) "Bodily injury" or "property damage" h (a) Agrees in writing to: expected or intended from the (t) Cooperate with us in the standpoint of the insured. This R investigation, settlement or exclusion dogs not apply to bodily E: defense of the"suit"; injury" or "property damage" resulting from the use of reasonable force to (ii) Immediately send us copies protect persons or property; or of any demands, notices, (2) "Personal and advertising injury" arising summonses or legal papers out of an offense committed by, at the rpceived in connection with direction of or with the consent or the "suit"; acquiescence of the insured with the (iii) Notify any other insurer expectation of inflicting "personal and whose coverage is available advertising Injury". to the indemnitee; and b. Contractual Liability (iv)Cooperate with us with (1) "Bodily injury"or"property damage";or respect to coordinating other applicable insurance available (2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (i) Obtain records and other This exclusion does not apply to liability information related to the for damages berause of: "suit"; and (a) "Bodily injury" "property damage" (H) Conduct and control the or "personal and advertising injury" defense of the indemnitep in that the Insured would have in the such "suit". absence of the contract or agreement;or c Form 38 00 08 04 05 Page 3 of 24 r Jun 25 Z009 11:56:5Z -> 4Z54307665 The Hartford Fax Page 009 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or"property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business, that is an "insured contract", or provided the "bodily injury" or (2) The spouse, child, parent, brother or "property damage" occurs sister of that "employee" as a subsequent to the execution of the consequence of(1) above. contract or agreement. Solely for This exclusion applies: the purpose of liability assumed in t an "Insured contract", reasonable (1) Whether the insured may be liable as attorneys' fees and necessary an employer or in any other capacity; litigation expenses incurred by or for and a party other than an insured are (2) To any obligation to share damages deemed to be damages because of with or repay someone else who must "bodily injury" or"property damage" pay damages because of the injury. provided: This exclusion does not apply to liability (1) Liability to such party for, or for assumed by the insured under an "insured the cost of, that party's defense contract". has also been assumed in the f, pollution same"insured contract",and (ii) Such attorneys' fees and (1) "Bodily injury", "property damage" or litigation expenses are for personal and advertising injury defense of that party against arising out of the actual, alleged or a civil or alternative dispute threatened discharge, dispersal, seepage, migration, release or escap© resolution proceeding in which damages to which this of"pollutants": insurance applies are alleged. (a) At or from any premises, site or c. Liquor Liability location which is or was at any time owned or occupied by, or "Bodily injury" or "property damage" for rented or loaned to any insured, which any insured may be held liable by However, this subparagraph does reason of: not apply to: (1) Causing or contributing to the (1) "Bodily injury" if sustained intoxication of any person; within a building and caused by (2) The furnishing of alcoholic beverages to smoke, fumes, vapor or soot a person under the legal drinking age or produced by or originating frorn under the influence of alcohol; or equipment that is used to heat, (3) Any statute, ordinance or regulation cool or dehumidify the building, relating to the sale, gift, distribution or or equipment that is used to use of alcoholic beverages, heat water for personal use, by the buildings occupants or their This exclusion applies only if you are in the guests; business of manufacturing, distributing, selling, serving or furnishing alcoholic (ii) "Bodily injury" or "property damage for which you may be beverages, held liable, if you are d. Workers' Compensation And Similar contractor and the owner or Laws lessee of such promises,site or Any obligation of the insured under a location has been added to your workers' compensation, disability benefits policy as an additional insured or unemployment compensation law or with respect to your ongoing any similar law. operations performed for that e. Employer's Liability additional insured at that "Bodily injury"to: premises, site or location and 1) An "employee" of the insured arising such premises, site or location ( " "Y is not and never was owned or out of and in the course of: occupied by, or rented or (a) Employment by the insured; or loaned to, any insured, other than that additional insured; or Page 4 of 24 Form S5 00 08 04 Ob t Jun 25 20H9 11:57:19 —> 425430766S The Hartford Fax Page 010 t BUSINESS LIABILITY COVERAGE FORM i (M)"Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (b) At or from any premises, site or (ii) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, furries or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being transported, handled, stored, performed by you or on your treated, disposed of, or processed behalf by or contractor or r, as waste by or for: subcontractor; (i) Any insured; or (iii)"Bodily injury" or "property damage" arising out of heat, (0) Any person or organization for smoke or fumes from a whom you may be legally "hostile fire", or j responsible; (e) At or from any premises, site or (d) At or from any premises, site or location on which any insured or location on which any insured or any contractors or subcontractors any contractors or subcontractors working directly or indirectly on any working directly or indirectly on insured's behalf are performing any insured's behalf are operations if the operations are to performing operations if the test for, monitor, clean up, remove, "pollutants" are brought on or to contain, treat, detoxify or neutralize, the premises, site or location in or in any way respond to, or assess connection with such operations the effects of,"pollutants". by such insured, contractor or subcontractor, However, this (2) Any loss, cost or expense arising out of any: subparagraph does not apply to: (i) "Bodily injury" or "property (a) Request,demand,order or statutory damage" arising out of the or regulatory requirement that any i escape of fuels, lubricants or insured or others test for, monitor, t= other operating fluids which clean up, remove, contain, treat, are needed to perform the detoxify or neutralize, or in any way normal electrical, hydraulic or respond to, or assess the effects of, mechanical functions "pollutants";or necessary for the operation of (b) Claim or suit by or on behalf of a "mobile equipment" or its governmental authority for parts, if such fuels, lubricants damages because of testing for, or other operating fluids monitoring, cleaning up, escape from a vehicle part removing, containing, treating, designed to hold, store or detoxifying or neutralizing, or in receive them. This exception any way responding to, or does not apply if the "bodily assessing the effects of, Injury" or "property damage" "pollutants". arises out of the intentional However, this paragraph does not discharge, dispersal or apply to liability for damages because release of the fuels, lubricants of "property damage" that the insured or other operating fluids, or if would have in the absence of such such fuels, lubricants or other request, dernand, order or statutory or operating fluids are brought regulatory requirement, or such claim on or to the premises, site or or "suit" by or on behalf of a location with the intent that governmental authority, they be discharged, dispersed or Form 58 00 08 04 05 Page 5 of 24 G r Jun Z5 Z009 11:57:46 —> 4Z54307665 The Hartford Fax Page 011 j a BUSINESS LIABILITY COVERAGE FORM i g. Aircraft,Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity, or loaned to any insured. Use includes I. War operation and"loading or unloading". "Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused,arising,directly or indirectly,out of: other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others by that insured, if the "occurrence" which (2) Warlike action by a military force, caused the "bodily injury" or "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others expected attack, by any government, of any aircraft, "auto' or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or 5 any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to; usurped power, or action taken by (1) A watercraft while ashore on premises governmental authority in hindering or you own or rent; defending against any of these. (2) A watercraft you do not own that is: J Professional Services "Bodily injury", "property damage" or (a) Less than 59 feet long; and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render y for a charge; any professional service. This includes R (3) Parking an "auto" on, or on the ways but is not limited to: next to, promises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the, insured; (2) preparing, approving, or failing to (4) Liability assurned under any "Insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (6) "Bodily Injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph (4) Medical, surgical, dental, x-ray or f.(2) or L(3) of the definition of nursing services treatment, advice or "mobile equipment"; or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service Insured and Is hired, chartered or loaned treatment, advice or instruction; with a paid crew. However, this (6) Any service, treatment, advice or exception does not apply if the insured has any other insurance for such"bodily instruction for the purpose of injury" or "property damage", whether appearance or skin enhancement, hair the other insurance is primary, excess, removal or replacement or personal grooming; contingent or a any ether basis,rt h. Mobile Equipment (7) Optical or hearing Bid services including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of "mobile products or hearing aid devices-, equipment" by an "auto" owned or operated by or rented or loaned to any insured; or Page 6 of 24 Form SS 00 08 04 05 Jun 25 2009 11:50:15 —> 4Z54307665 The Hartford Fax Page 01Z 3 N BUSINESS LIABILITY COVERAGE FORM { (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this t including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 similar products; or fewer consecutive days. A separate {9) Any: Limit of Insurance applies to Damage To Premises Rented To You as described in (a) Body piercing (not Including ear Section D.-Limits Of Insurance. piercing); Paragraph (2) of this exclusion does not (b) Tattooing, including but not apply if the premises are "your work" and limited to the insertion of were never occupied, rented or held for pigments into or under the skin; rental by you. and Paragraphs (3) and (4) of this exclusion (c) Similar services; do not apply to the use of elevators. (10) Services in the practice of pharmacy, Paragraphs (3), (4), (6) and (6) of this and exclusion do not apply to liability assumed (11) Computer consulting, design or under a sidetrack agreement. programming services, including web Paragraphs (3) and (4) of this exclusion site design, do not apply to "property damage" to Paragraphs (4) and (5) of this exclusion borrowed equipment while not being used do not apply to the Incidental Medical to perform operations at a job site. Malpractice coverage afforded under Paragraph (6) of this exclusion does not Paragraph 1.e. in Section A. -Coverages. apply to"property damage"included in the k. Damage To Property "products-completed operations hazard". i j "Property damage"to: 1. Damage To Your Product (1) Property you own, rent or occupy, "Property damage" to "your product' including any costs or expenses arising out of it or any part of it. incurred by you, or any other person, m. Damage To Your Work organization or entity, for repair, replacement, enhancement, "Property damage" to "your work" arising j out of it or any part of it and included in restoration or maintenance of such property for any reason, including the "products-completed operations prevention of injury to a person or hazard". darnage to another's property; This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon, If the "property damage" the damage arises was performed on your arises out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired Property Or (4) Personal property in the care, custody Property Not Physically Injured or control of the insured; "Property damage" to "impaired property" or property that has not been physically (5) That particular part of real property on injured, arising out of: which you or any contractors or (1) A defect, deficiency, inadequacy or subcontractors working directly or dangerous condition in "your product" Indirectly on your behalf are performing operations, if the "property damage" or"Your Work"; or arises out of those operations; or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with its terms_ incorrectly performed on it. This exclusion does not apply to the loss Of use of other property arising out of sudden and accidental physical injury to "your product" Or "your work" after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 Jun 25 Z009 11:50:44 -> 4Z54307665 The Hartford Fax Page 013 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic Property work; Damages claimed for any loss, cost or (8) Arising out of an offense committed expense incurred by you or others for the by an insured whose business is: loss of use, withdrawal, recall, inspection, (a) Advertising, broadcasting, repair, replacement, adjustment, removal publishing or telecasting; or disposal of: (b) Designing or determining content (1) "Your product"; of web sites for others; or (2) "Your work"; or (c) An Internet search, access, (3) "Impaired property"; content or service provider. if such product, work or property is However, this exclusion does not withdrawn or recalled from the market or apply to Paragraphs a., b, and c. from use by any person or organization under the definition of "personal and because of a known or suspected defect, advertising injury" in Section G. deficiency, inadequacy or dangerous Liability And Medical Expenses condition in it. Definitions. p. Personal And Advertising Injury For the purposes of this exclusion, "Personal and advertising injury" placing an "advertisement" for or (1) Arising out of oral, written or linking to others on your web site, by electronic publication of material, if itself, is net considered the business done by or tat the direction of the of advertising, broadcasting, Insured with knowledge of its falsity; publishing or telecasting; (2) Arising out of oral, written or (9) Arising out of an electronic chat room or bulletin board the insured hosts, electronic publication of material j owns, or over which the insured whose first publication took place i exercises control; before the beginning of the policy period; (10) Arising out of the unauthorized use of (3) Arising out of a criminal act anomer's name or product in your e-mail committed by or at the direction of the address, domain name or metatags, or insured; any other similar tactics to mislead anofher's potential customers; P (4) Arising out of any breach of contract, (11) Arising out of the violation of a except an implied contract to use another's "advertising idea" in your persons right of privacy created by s any state or federal act, "advertisement"; However, this exclusion does not I (5) Arising out of the failure of goods, products or services to conform with apply to liability for damages that the insured would have in the absence of any statement of quality or such state or federal act; performance made in your "advertisement"; (12) Arising out of: (6) Arising Out of the wrong description of (a) An "advertisement" for others on the price of goods,products or services; your web site; (7) Arising out of any violation of any (b) Placing a link to a web site of Intellectual property rights such as others on your web site; copyright, patent, trademark, trade (c) Content from a web site of others name, trade secret, service mark or displayed within a frame or border other designation of origin or on your web site. Content includes authenticity. infonnation, code, sounds, text, However, this exclusion does not graphics or images; or apply to infringement, in your (d) Computer code, software or "advertisement", of programming used to enable: (a) copyright; (i) Your web site; or (b) Slogan, unless the slogan is also (11) The presentation or a trademark, trade name, service functionality of an mark or other designation of origin "advbrtisemont" or other or authenticity; or content on your web s1t% Page 8 of 24 Form SS 00 08 04 05 Jun Z5 2009 11;59:1Z -> 4ZS4307665 The Hartford Fax Page 014 x BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti (a) May be awarded or incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation in price alleging actual or threatened or value of any stocks, bonds or other injury or damage of any nature or securities; or kind to persons or property which would not have occurred in whole (15) Arising out of discrimination or or in part but for the "asbestos humiliation committed by or at the hazard".- direction of any "executive officer", director, stockholder, partner or (b) Arise out of any request, demand, member of the insured, order or statutory or regulatory requirement that any insured or q. Electronic Data others test for, monitor, clean up, Damages arising out of the loss of, loss of remove, encapsulate, contain, use of, damage to, corruption of, inability treat, detoxify or neutralize or in to access, or inability to manipulate any way respond to or assess the "electronic data". effects of an "asbestos hazard"; or t r. Employment-Related Practices (c) Arise out of any claim or suit for "Bodily injury" or "personal and damages because of testing for, advertising injury"to: monitoring, cleaning up, removing, encapsulating, containing, treating, (1) A person arising out of any: detoxifying or neutralizing or in any (a) Refusal to employ that person; way responding to or assessing the (b) Termination of that person's effects of an"asbestos hazard". employment; or t, Violation Of Statutes That Govern E- (c) Employment-related practices, Mails, Fax, Phone Calls Or Other R policies, acts or omissions, such as Methods Of Sending Material Or coercion, demotion, evaluation, Information reassignment, discipline, "Bodily injury", "property damage", or defamation, harassment, "personal and advertising injury" arising humiliation or discrimination directly or indirectly out of any action or directed at that person;or omission that violates or is alleged to (2) The spouse, child, parent, brother or violate: sister of that person as a (1) The Telephone Consurner Protection n consequence of "bodily injury" or Act (TCPA), including any "personal and advertising injury" to amendment of or addition to such law; the person at whom any of the (2) 'rho CAN-SPAM Act of 2003, employment related practices including any amendment of or described in Paragraphs (a), (b), or addition to such law; or (c)above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SPAM Act (1) Whether the insured may be liable as of 2003, that prohibits or limits the an employer or in any other capacity; sending, transmitting, communicating or and distribution of material or information. (2) To any obligation to share damages Damage To Premises Rented To You — with or repay someone else who must Exception For Damage By Fire, Lightning pay damages because of the injury. or Explosion s. Asbestos Exclusions c. through h. and k. through o. do (1) "Bodily injury", "property damage" or not apply to damage by fire, lightning or "personal and advertising injury" explosion to premises rented to you or arising out of the"asbestos hazard". temporarily occupied by you with permission 2 An damn es, judgments, settlements, of the owner. A separate Limit of Insurance ( ) Y 9 1 applies to this coverage as described in loss,costs or expenses that: Section D. - Liability And Medical Expenses Limits Of Insurance, r P Form SS 00 08 04 05 Page 9 of 24 t Jun 25 Z009 11:59:41 —> 4Z54307665 The Hartford Fax Page 015 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for"bodily injury"; are also their duties as insureds, but only with respect to s a. Any Insured To any Insured,except"volunteer workers". 2. Each of the following is also an insured; b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any Insured, performing duties related to the conduct of your business, or your "employees", other c. Injury On Normally Occupied Premises than either your "executive officers" (if To a person injured on that part of you are an organization other than a premises you own or rent that the person partnership, joint venture or limited normally occupies, liability company) or your managers (if d. Workers` Compensation And Similar you are a limited liability company), but Laws only for acts within the scope of their To a person, whether or not an employment by you or while performing duties related to the conduct of your "er7aployee" of any insured, if benefits for business. the "bodily injury" are payable or must he provided under a workers' compensation However, none, of these "employees" or " or disability benefits law or a similar law. "volunteer workers" are insureds for: e. Athletics Activities (1) "Bodily injury" or "personal and advertising injury": To a person injured while. practicing, Instructing or participating in any physical (a) To you, to your partners or exercises or games, sports or athletic members (if you are a partnership contests, or joint venture), to your members f. Products-Completed Operations Hazard c You are limited liability o i company), or to a co-"employee" Included with the "products-completed while in the course of his or her k operations hazard". employment or performing duties g. Business Liability Exclusions related to the conduct of your business, or Excluded under Business Liability Coverage. "volunteer workers" your other while C. WHO IS AN INSURED performing duties related to the 1. If you are designated in the Declarations as: conduct of your business; fa. An individual, you and your spouse are (b) To the spouse, child, parent, co- insureds, but only with respect to the brother � sister the# conduct of a business of which you are "employee" or thatt volunteeee r the sole owner. worker" as a consequence of Paragraph(1)(a) above; b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds, but only with someone else who must pay respect to the conduct of your business. damages because of the injury c. A limited liability company, you are an described in Paragraphs (1)(a) or insured. Your members are also insureds, (b) above; or but only with respect to the conduct of your business_ Your managers are insureds, but ld) Arising out of his or jeer providing only with respect to their duties as your or failing to provide professional managers. health care services. of d, An organization other than a partnership, p you are not in the business re joint venture or limited liability company,you providing professional agrap (d) health care services, Paragraph (d) does not apply are an insured. Your "executive officers" 10 any nurse, emergency medical and directors are insureds, but only with respect to their duties as your officers or technician or paramedic employed by you to provide such services. directors. Your stockholders are also insureds, but only with respect to their (2) "Property damage"to property: liability as stockholders. (aa) Owned, occupied or used by, r Page 10 of 24 Form SS 00 08 04 05 t r a Jun 25 2009 12:0H:11 —> 4Z54307665 The Hartford Fax Page 016 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees", "volunteer workers", any partner or member (if you are (2) "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company), organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your "employee" With respect to"mobile equipment" registered in or"volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an Insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization Any person or organization having proper responsible for the conduct of such person is custody of your property if you also an Insured, but only with respect to liability temporaryso arising out of the operation of the equipment, die, but only: and only if no other insurance of any kind is (1) With respect to liability arising out of the available to that person or organization for this maintenance or use of that property; liability. However, no person or organization is w and an insured with respect to; (2) Until your legal representative has a. "Bodily injury" to a co-"employee" of the Y been appointed. person driving the equipment; or d. Legal Representative If You Die b. "Property damage" to property owned by, Your legal representative if you die, but rented to, in the charge of or occupied by only with respect to duties as such. That you or the employer of any person who is representative will have all your rights and an insured under this provision, duties under this insurance. 5. Operator of Nonowned Watercraft e, Unnamed Subsidiary With respect to watercraft you do not awn that Any subsidiary and subsidiary thereof, of is less than 51 feet long and is not being used yours which is a legally incorporated entity to carry persons for a charge, any person is an of which you own a financial interest of insured while operating such watercraft with more than 50% of the voting stock on the your permission. Any other person or effective date of this Coverage Part, organization responsible for the conduct of such person is also an insured, but only with The insurance afforded herein for any respect to liability arising out of the operation subsidiary not shown in the Declarations of the watercraft, and only if no rather as a named insured does not apply to insurance of any kind is available to that injury or damage with respect to which an person or organization for this liability, insured under this insurance is also an Insured under another policy or would be However, no person or organization is an an insured under such policy but for its insured with respect to: termination or upon the exhaustion of its a. "Bodily injury" to a co-"employee" of the limits of insurance, person operating the watercraft; or 3. Newly Acquired Or Formed Organization b. "Property damage" to property owned by, Any organization you newly acquire or form, rented to, in the charge of or occupied by other than a partnership, joint venture or you or the employer of any person who is limited liability company, and over which you an insured tinder this provision. maintain financial interest of more than 50% 6. Additional Insureds When Required By of the voting stock, will qualify as a Named Written Contract, Written Agreement Or Insured if there is no other similar insurance Permit available to that organization. However: The person(s) or organization(s) identified in a. Coverage under this provision is afforded Paragraphs a. through f. below are additional only until the 180th day after you acquire insureds when you have agreed, in a written or form the organization or the end of the policy period,whichever is earlier; and Form 33 00 08 04 05 Page 11 of 24 Jun 25 2009 12:00:44 -> 4254307GGS The Hartford Fax Page 017 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit, with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, Installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises In additional insured under this provision if such connection with the sale of the person or organization is included as an product; additional insured by an endorsement issued (c3) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional Insureds under the specific container, part or ingredient of additional insured coverage grants in Section any other thing or substance by or F.—Optional Additional Insured Coverages. for the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization (re(r fatted to damage" arising out; of the sole below as vendor), but only with respect to negligence of vendor for Its ss "bodily injury" or "property damage" arising own acts or omissions those of its employees or anyone else out of "your products" which are distributed acting on Its behalf, However, or sold in the regular course of the vendor's this exclusion does not apply to: business and only if this Coverage Part The exceptions contained in provides coverage for bodily injury' or ( ) p "property damage" included within the Subparagraphs(d) or(f); or k "products-completed operations hazard". (ii) Such inspections, adjustments, (1) "rho insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions; undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury or property or sale of the products. damage" for which the vendor Is (2) This Insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or or any ingredient, part or container, agreement. This exclusion does entering into, accompanying or not apply to liability for damages containing such products. that the vendor would have in the absence of the contract or b. Lessors Of Equipment agreement; (1) Any person or organization from (b) Any express warranty whom you lease equipment; but only unauthorized by you; with respect to their liability for"bodily (c) Any physical or chemical change injury", "property damage" or i "personal and advertising injury" n the product made intentionally by the vendor; caused, in whole or in part, by your maintenance, operation or use of (d) Repackaging, except when equipment leased to you by such unpacked solely for the purpose of person or organization, inspection, demonstration, testing, or the substitution of parts under Instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 ) Jun Z5 2009 2:01:13 —> 4254307665 The Hartford Fax Page 010 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf c. Lessors Of Land Or Premises for which the state or political (1) Any person or organization from subdivision has Issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you, or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or Insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or"property damage" place after you cease to lease that included within the "products land or be a tenant in that completed operations hazard". premises; or f, Any Other Party (b) Structural alterations, new construction or demolition (1) Any other person or organization who operations performed by or on is not an insured under Paragraphs a. behalf of such person or through e, above, but only with j respect to liability for "bodily Injury", organization. °property damage" or "personal and d. Architects,Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; or lc► In connection with "your work" and included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if You or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured;and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations services by or for you, including: hazard". (a) The preparing, approving, or (2) With respect to the insurance afforded failure to prepare or approve, to these additional insureds, this maps, shop drawings, opinions, insurance does not apply to; " reports, surveys, field orders, change orders, designs or "Bodily injury", "property damage" or drawings and specifications; or "personal and advertising injury" arising out of the rendering of, or the (b) Supervisory, inspection, failure to render, any professional architectural or engineering architectural, engineering or surveying activities, services, including: Form 35 00 08 04 05 Page 13 of 24 Jun 25 2009 2;01:42 -> 4Z54307665 The Hartford Fax Page 019 I BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises u maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a, or 2.b above, whichever activities. applies, the most we will pay for the sure of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "property damage" and medical expenses Of Insurance. arising out of any one 'occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E. --Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations, respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the F= Declarations. 1. The Most We Will Pay 5. Damage To Premix®s Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To You (declarations and the rules below fix the most Limit is the most we will pay under Business we will pay regardless of the number of: liability Coverage for damages because of a. Insureds; "property damage"to any one premises, while b. Claims made or"suits"brought; or rented to you, or in the case of damage by c. Persons or organizations making claims fire, lightning or explosion,while rented to you or bringing "suits". or temporarily occupied by you with permission of the owner. 2. Aggregate Limits In the case of damage by fire, lightning or The most we will pay for: explosion, the Damage to Premises Rented a. Damages because of "bodily injury" and To You Limit applies to all damage "property damage" included in the proximately caused by the same event, "products.-completed operations hazard" is whether such damage results from fire, the Products-Completed Operations lightning or explosion or any combination of Aggregate Limit shown in the these. Declarations. 6. How Limits Apply To Additional Insureds b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision; or owned by or rented to you. b. The Limits of Insurance Shown in the "Location" means prerises involving the Declarations, same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a railroad. the Declarations and described in this Section. Page 14 of 24 Fomi SS 00 08 04 05 3 Jun 25 2009 12:02:14 -> 4254307665 The Hartford Fax Page 020 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest lirnit of liability of all coverages (2) Authorize us to obtain records and applicable to such clairn or "suit". However, this other information; paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3, above. (3) Cooperate with in the investigation, settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit"; and separately to each consecutive annual period and to any remaining period of less than 12 months,starting (4) Assist us, upon our request, in the with the beginning of the policy period shown in the enforcement o of any right against any person o Declarations, unless the policy period is extended persorganization that may be after issuance for an additional period of less than 12 liable the insured because of injury months. In that case, the additional period will be or damage to which this insurance deemed part of the last preceding period for may also apply, purposes of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" Linder this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other, insurance available to an Offense,Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to However, this provision does not apply to it that we are notified as soon as the extent that you have agreed in a practicable of an 'occurrence" or an written contract, written agreement or offense which may result in a clairn. To the extent possible, notice should include: permit that this insurance is primary and ran-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a, and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence"or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of (3) Any manager, if you or an additional the claim or "suit" and the date insured is a limited liability company; received; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation,- it that we receive a written notice of the (5) Any trustee, if you or an additional clairn or"suit"as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if Insured you or an additional insured is a You and any other involved insured must: political subdivision or public entity. Form 35 00 08 04 05 Page 15 of 24 w Jun Z5 2009 12:02:45 -> 4Z54307665 The Hartford Fax Page 021 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured, upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to the provisions of any motor vehicle disclose all hazards relating to the financial responsibility law, the insurance conduct of your business at the inception provided by the policy for "bodily injury" date of this Coverage Part, we shall not liability and "property damage" liability will deny any coverage under this Coverage comply with the provisions of the law to Part because of such failure. the extent of the coverage and limits of 7, Other Insurance insurance required by that law. b. With respect to "mobile equipment" to a other valid and collectible insurance is available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows_ underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits This insurance is primary except when b. for those coverages, below applies_ If other insurance is also 4, Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Form: below' a. To join us as a party or otherwise bring us b. Excess insurance into a "suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work E with_ That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; E against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of I( this insurance or that are in excess of the That fire, lightning explosion applicable limit of insurance. An agreed insurance for premises rented too you youu or temporarily occupied by you with settlement means a settlement and release of liability signed by us, the insured and the permission of the owner; claimant or the claimant's legal representative. (3) Tenant Liability 5, Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned "properly damage"to premises rented in this policy to the first Named Insured, this to you or temporarily occupied by you insurance applies; with permission of the owner; a. As if each Named Insured were the only (4) Aircraft, Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos"or watercraft to a claim is made or"suit"is brought. the extent not subject to Exclusion g, of 6. Representations Section A.-Coverages. a (5) Property Damage To Borrowed . When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A.- representations you made to us; and Coverages. I Page 16 of 24 Form 35 00 08 04 05 r r r i Jun Z5 Z009 12:03:16 -> 4Z54307665 The Hartford Fax Page 0ZZ BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of, you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional Insured by that insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss, if any,with Additional Insured To This any other insurance that Is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply In excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part, apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this contribution by equal shares, we will Coverage Part: follow this method also. Under this (a) Primary Insurance When approach, each insurer contributes equal Required By Contract amounts until it has paid its applicable This insurance is primary if you limit of insurance or none of the loss remains,whichever cornes first. have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, share with all that other insurance each Insurers share is based on the ratio of by the method described in c. its Applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are #19.,ad0J!flr,qfh "lip rfi i sv ^`"i ."'AT cfil? primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance, enforce them. This condition does not Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the b. Waiver Of Rights Of Recovery (Waiver additional insured has been added as Of Subrogation) an additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any defend the insured against any "suit" if payment, including Supplementary any other insurer has a duty to defend the Payments, we have made under this Insured against that "suit". If no other Coverage Part, we also waive that right, insurer defends, we will undertake to do provided the insured waived their rights of so, but we will be entitled to the insured's recovery against such person or rights against all those other Insurers, organization in a contract, agreement or permit that was executed prior- to the injury or damage. Form 33 00 08 04 05 Page 17 of 24 Jun 25 2009 12:03:46 —> 4254307665 The Hartford Fax Page 0Z3 BUSINESS LIABILITY COVERAGE FORM P. OPTIONAL, ADDITIONAL INSURED 3. Additional Insured -Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the amended to include as an additional insured Declarations, one or more of the following the person(s) or organization(s) shown in the Optional Additional Insured Coverages also apply. Declarations as an Additional Insured - When any of these Optional Additional insured Grantor Of Franchise, but only with respect to Coverages apply, Paragraph 6. (Additional their liability as grantor of franchise to you. Insureds When Required by Written Contract, 4. Additional Insured - Lessor Of Leased Written Agreement or Permit) of Section C., Who Equipment Is An Insured, does not apply to the person or a. WHO IS AN INSURED under Section C. organization shown in the Declarations. These is arnended to include as an additional coverages are subject to the terms and conditions insured the person(s) or organizations) applicable to Business Liability Coverage in this shown in the Declarations as an Additional policy, except as provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for"bodily Organization injury", "property damage" or "personal WHO 1S AN INSURED under Section C. is and advertising injury" caused, in whole or I amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s) or nrganization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to " 1 personal and advertising injury" caused, in these additional insureds, this insurance whole or In part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations;or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a, WHO IS AN INSURED under Section C. 2. Additional Insured - Managers Or Lessors is amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured—Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that Designated Person Or Organization; but part of the land leased to you and shown only with respect to liability arising out of the in the Declarations. ownership, maintenance or use of that part b, With respect to the insurance afforded to of the premises leased to you and shown in these additional insureds, the following the Declarations, additional exclusions apply: PP Y: b. With respect to the insurance afforded to This insurance does not apply to: these additional insureds, the following additional exclusions apply: (1) Any "occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any "occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such person or organization. (2) Structural alterations, new g, Additional Insured - State Or Political construction or demolition operations Subdivision—Permits performed by or on behalf of such person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form 83 00 08 04 05 i Jun 25 2009 1Z:04:10 -> 4254307665 The Hartford Fax Page 024 BUSINESS LIABILITY COVERAGE FORM Insured -.. State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has Issued a permit, make in the usual course of h h it the b. With respect to the insurance afforded to business, in connection w 4 these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, Installation, This insurance does not apply to: servicing or repair operations, except such operations performed (1) "Bodily injury" "property damage" or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality: or 2 "Bodily Injury" or "property damage" (g) Products which, after distribution ( ) Y ) rY" p p Y g or sale by you, have been labeled Included in the "product-completed or relabeled or used as a operations"hazard. container, park or ingredient of 7. Additional Insured—Vendors any other thing or substance by or a_ WHO IS AN INSURED under Section C. for the vendor; or is amended to include as an additional (h) "Bodily injury" or "property i insured the person(s) or organizations) damage" arising out of the sole II (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or"property damage" arising out of acting on Its behalf. However, .your products" which are distributed or this exclusion does not apply to: sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Pail Subparagraphs(d)or(f); or provides coverage for "bodily injury" or Such inspections, "property damage included within the (a) adjustments, tests or products-completed operations hazard b. The insurance afforded to the vendor is servicing as the vendor has subject to the following additional unreel to moKe or normally 1 g undertakes to make in the exclusions: usual course of business, in (1) This insurance does not apply to: connection with the (a) "Bodily injury" or "property distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or whom you have acquired such agreement. This exclusion does products, or any ingredient, part or not apply to liability for damages container, entering into, that the vendor would have in the accompanying or containing such absence of the contract or products. agreement; 8. Additional Insured—Controlling Interest (b) Any express warranty WHO IS AN INSURED under Section C. is unauthorized by you; amended to include as an additional insured (c) Any physical or chemical change the person(s) or organization(s) shown in the in the product made intentionally Declarations as an Additional Insured -- by the vendor; Controlling Interest, but only with respect to (d) Repackaging, unless unpacked their liability arising out of: solely for the purpose of inspection, a. Their financial control of you; or demonstration, testing, or the b. Premises they own, maintain or control substitution of parts under while you lease or occupy these premises. instructions from the manufacturer, and then repackaged in the original CC)rltainsar, Form 33 00 06 04 05 Page 19 of 24 G r Jun 25 2009 12:04:40 —> 4254307665 The Hartford Fax Page 0Z5 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. --- Limits Of operations performed by or for that person or Insurance. organization, glow this insurance applies when ocher insurance 9, Additional Insured -- Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. Conditions. is amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organizations) DEFINITIONS shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 9_ "Adverkisement" means the widespread public but only with respect to liability for"bodily dissemination of information or images that injury", "properly damage" or "personal has the purpose of inducing the sale of goods, and advertising injury caused, in whole or products or services through: in park, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (1) In the perfonnance of your ongoing (3) Billboard; operations for the additional (4) Magazine; insured(s); or (6) Newspaper; (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the a completed operations hazard", but sale of goods, products or services; or a only if this Coverage tart provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the"products-completed operations However, "advertisement"does not include: hazard". a. The design, printed material, information b. With respect to the insurance afforded to or images contained in, on or upon the these additional insureds, this insurance packaging or labeling of any goods or does not apply to "bodily injury", "property products; or damage" or "personal an advertising b. An interactive conversation between or injury" arising out of the rendering of, or among persons through a computer the failure to render, any professional network, architectural, engineering or surveying 2, "Advertising idea" means any idea for an services, including: "advertisement". (1) The preparing, approving, or failure to 3. "Asbestos hazard" means an exposure or prepare or approve, maps, shop threat of exposure to the actual or alleged drawings, opinions, reports, surveys, properties of asbestos and includes the mere field orders, change orders, designs or presence of asbestos in any form. drawings and specifications; or 4. "Auto" means a land motor vehicle, trailer or (2) Supervisory, inspection, architectural semi-traller designed for travel on public or engineering activities, roads, including any attached machinery or 10, Additional Insured — Co-Owner Of Insured equipment. But "auto" does not include Premises "mobile equipment". WHO IS AN INSURED under Section C. is 5. "Bodily injury"means physical: amended to include as an additional insured a. Injury; the person(s) or Organiz2tion(s) shown in the Declarations as an Additional Insured — Co- D. Sickness; or Owner Of Insured Premises, but only with c, Disease respect to their liability as co-owner of the sustained by a person and, if arising out of the premises shown in the Declarations. above, rnental anguish or death at any time, 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 is Jun 25 2009 12:B5:18 —> 4254307665 The Hartford Pax Page 026 BUSINESS.LIABILITY COVERAGE FORM a. The United States of America (including b. You have failed to fulfill the terms of a its territories and possessions), Puerto contract or agreernent; Rico and Canada; if such property can be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work"; of travel or transportation between any or- places included in a, above; b. Your fulfilling the terms of the contract or c. All other parts of the world if the injury or agreerrent. damage arises out of: 12. "Insured contract"means: (1) Goods or products made or sold by you in the territory described in a,above; a- A contract for a lease of premises. However, that portion of the contract for a (2) The activities of a person whose lease of premises that indemnifies any home is in the territory described in a. person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business; or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises s Internet or similar electronic means of Rented To You limit described in Section communication D.—Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement; America (including its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, in a including an easement or license "suit" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or derolition operations on or within 50 settlement we agree to, feet of a railroad; T. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs_ to indemnify a municipality, except in a. Stored as or on; connection with work for a municipality; b. Created or used om or e. An elevator maintenance agreement; or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD-ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for"bodily injury" or"property 8. "Employee" includes a "leased worker". damage"to a third person or organization, provided the "bodily Injury" or "property "Employee" does not include a "temporary damage" is caused, in whole or in part, by worker"- you or by those acting on your behalf, 9. "Executive officer" means a person holding Tort liability means a liability that would any of the officer positions created by your be imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar governing document. Paragraph f. includes that part of any 10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be. damage" arising out of construction or 11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any cannot be used or is less useful because; railroad bridge or trestle, tracks, road- a. It incorporates "your product" or"your work" beds,tunnel, underpass or,crossing. that is known or thought to be defective, However, Paragraph f. does not include deficient, inadequate or dangerous; or that.part of any contract or agreement: w Form SS 00 08 04 05 Page 21 of 24 to K Jun Z5 Z009 12:85:50 -> 4Z54307665 The Hartford Pax Page 8Z7 BUSINESS LIABILITY COVERAGE,FORM (1) That indemnifies an architect, (1) Power cranes, shovels, loaders, engineer or surveyor for injury or diggers or drills; or damage arising out of: (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment Such as graders, scrapers prepare or approve maps, shop or rollers; drawings, opinions, reports, e, Vehicles not described in a., b., c., or d, surveys, field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications; or permanently attached equipment of the (b) Giving directions or instructions, following types: or failing to give them, if that is (1) Air compressors, pumps and the primary cause of the injury or generators, including spraying, damage; or welding, building cleaning, (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment; or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failure to render services, including thaw f. Vehicles not described in a., b., c., or d. professional listed i (1 above and supervisory, above maintained primarily for purposes inspection, architectural or other than the transportation of persons or cargo. engineering activities. 13. "Leased worker" means a person leased to However, self-propelled vehicles with the following types of permanently attached you by a labor leasing firm under an „ agreement between you and the labor leasing equipment are not mobile equipment' but firm, to perform duties related to the conduct will be considered "autos": i of your business. "Leased worker" does not (1) Equipment, of at least 1,000 pounds Include a"temporary worker", gross vehicle weight, designed 14, "Loading or unloading" means the handling of primarily for; property: (a) Snow removal; a. After it is moved from the place where it is (b) Road maintenance, but not I accepted for movement into or onto an construction or resurfacing; or aircraft,watercraft or"auto"; (c) Street cleaning; b, While it is in or on an aircraft, watercraft (2) Cherry pickers and similar devices or"auto"; or mounted on automobile or trick c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or"auto"to the place where it is workers; and finally delivered; (3) Air compressors, pumps and but "loading or unloading" does not include the generators, including spraying, movement of property by means of a welding, building cleaning, mechanical device, other than a hand truck, that geophysical exploration, lighting and is not attached to the aircraft, watercraft or well servicing equipment. "auto". 16. "Occurrence" means an accident, including 15. "Mobile equipment" means any of the continuous or repeated exposure to substantially following types of land vehicles, including any the sarne general harmful conditions, attached machinery or equipment: 17. "Personal and advertising injury" means a. Bulldozers, farm machinery, forklifts and injury, including consequential "bodily Injury", other vehicles designed for use principally arising out of one or more of the following off public roads; offenses: b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; next to prernises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: Page 22 of 24 Form 33 00 08 04 05 Jun Z5 2009 12:06:10 —> 4254307665 The Hartford Fax Page 020 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from,wrongful entry Work that may need service, into, or invasion of the right of private maintenance, correction, repair or occupancy of a room, dwelling or replacement, but which is otherwise premises that the person occupies, complete,will be treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product" for consumption on premises you organization's goods, products or own or rent. services; b, Does not include "bodily injury" or e. Oral, written or electronic publication of "property damage"arising out of: material that violates a person's right of (1) The transportation of property, unless privacy; the Injury or damage arises out of a If. Copying, in your "advertisement", a condition in or on a vehicle not owned person's or organization's "advertising or operated by you, and that condition idea" or style of"advertisement"; was created by the "loading or g. Infringement of copyright, slogan, or title unloading" of that vehicle by any of any literary or artistic work, in your insured; or "advertisement"; or (2) The existence of tools, uninstalled h. Discrimination or humiliation that results equipment or abandoned or unused in injury to the feelings or reputation of a materials. natural person, 20. "Property damage" means; 18. "Pollutants" means any solid, liquid, gaseous or a. Physical Injury to tangible property, thermal irritant or contaminant, including smoke, including all resulting loss of use of that vapor,soot,fumes, acids, alkalis, chemicals and property. All such loss of use shall be waste. Waste includes materials to be recycled, deemed to occur at the time of the reconditioned or reclaimed_ physical injury that caused it; or 19. "Products-completed operations hazard"; b_ Loss of use of tangible property that is not a. Includes all "bodily injury" and "property physically Injured. All such loss of use shall be deemed to occur at the time of damage" occurring away from premises "occurrence"that caused it. you own or rent and arising out of "your product"or"your work"except: As used in this definition, "electronic data" is (1) Products that are still in your physicalnot tangible property, possession; or 21. "Suit" means a civil proceeding in which (2) Work that has not yet been completed damages because of"bodily Injury", "property or abandoned. However, "your work" damage" or "personal and advertising injury" will be deemed to be completed at the to which this insurance applies are alleged. earliest of the following times: "Suit"includes, (a) When all of the work called for in a. An arbitration proceeding in which such your contract has been damages are claimed and to which the completed. insured must submit or, does submit with (b) When all of the work to be done our consent; or at the job site has been completed b. Any other alternative dispute resolution if your contract calls for work at proceeding in which such damages are more than one job site, claimed and to which the insured submits with our consent. (c) When that pail of the work dome at a job site has been put to its 22, "Temporary worker" means a person who is intended use by any person or furnished to you to substitute for a permanent organization other than another "employee" on leave or to meet seasonal or contractor or subcontractor short-term workload conditions. working on the same project. 23, "Volunteer worker"means a person who: a. Is not your"employee"; I Form 55 00 08 04 05 Pages 23 of 24 t 4 Jun 25 2009 12:06:40 -> 4254307665 The Hartford Fax Page OZ9 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions. scope of duties determined by you; and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 26, "Your work": 24. "Your product": a. Means: a. Means: (1) Work or operations performed by you (1) Any goods or products, other than real or on your behalf; and property, manufactured, sold, (2) Materials, parts or equipment handled, distributed or disposed of by: furnished in connection with such (a) You; work or operations, (b) Others trading under your name; h. Includes: or (1) Warranties or representations made (c) A person or organization whose at any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired; and of"your work";and (2) Containers (other than vehicles), (2) The providing of or failure to provide materials, parts or equipment warnings or instructions, furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made j at any time with respect to the fitness, quality, durability, performance or use of"your product'; and i Page 24 of 24 Form SS 00 08 04 05 I C f - 3 PROJECT REQUEST FORM PLANNINGBUILDING/PUBLIC WORKS (SOME SECTIONS APPLY TO CIP AND SOME APPLY TO DEVELOPER PROJECTS) DATE: 9-3-08 CONTACT: Gary Del Rosario WO# FILE STATUS ❑ EXISTING OR ❑ NEW FILE CODE(PRI XX-XXXX)(if applicable) LOCATION ® My Work Space: I ❑ File Bay Shelf#: ❑ Other: PROJECT NAME:(TERTIARY) City of Renton Storm System Field Mapping Project (label line one) (250 characters max) Allowable Folder Title: (SECONDAY): (CIP Only) (enter or open pick list below) (label line two) (WORKING FILE) Go to Utilities Pick List DESCRIPTION OF PROJECT: Field locate and map existing public storm system assets located in the City of Renton and record the information into the City's GIS system. ADDRESS/STREET NAME(S): Renton City Limits DEV/CNTR/OWN/CNSLT: OTHER ALIASES: NPDES, Mapping project, Surface Water mapping Size of Waterline: N/A New & N/A New Size of Sewerline: N/A New & N/A New Size of Stormline: N/A New & N/A New CHECK EACH DISCIPLINE INVOLVPD IN'PROJECT Ltr Drwg #of sheets ❑ TED (roadway/drainage) ❑ ❑ (off site improvements) (include TESC) ❑ TRO (Signalization, Channelization, Lighting) ❑ ❑ ❑ WWP (wastewater) ❑ ❑ (sanitary sewer main) ❑ WTR(water) (Mains, Valves, Hydrants) ❑ ❑ (me.composite&HorizontalCtrl) ® SWP (surface water imp.) ® ❑ (CIP only)(include basin name) ❑ PLR(plan review) (Neccessary for developer files) ❑ (letter only) PLEASE CHECK THE DISCIPLINES WHICH NEED TO SIGN MYLARS: ❑WATER ❑ WASTEWATER ❑ SURFACE WATER ❑ TRANSPORTATION ❑ FIRE FOR FILE MAINTAINANCE USE ONLY File Codes: Date Entered and Labels Made: ProjectRequestForm.doc - a 1 RETURN TO TOP CIP PROJECT FILE PICKLIST UTILITIES FILE TITLE FOLDER SIZE* QUANTITY"' CORRESPONDENCE Choose Folder size ®General -------------------------------------------------------------- 4S (4"&-re f)T-5 ®Consultant----------------------------------------------------------- ITS (1"top side) ®City-------------------------------------------------------------------- 1TS (1"top side) ®Other Agencies ---------------------------------------------------- 1TS (1"top side) ®Contractor---------------------------------------------------------- 1TS (1"top side) ®Grants/Loans------------------------------------------------------- 1TS (1"top side) DESIGN/PLANNING ®Design---------------------------------------------------------------- 4S (4" S41e+t`)T+S ®Consultant Selection--------------------------------------------- 1TS (1"top side) ®Contracts---------------------------------------------------------- 1TS (1"top side) ®Reports/Studies/Calculations---------------------------------- 4S (4" el )��-S ®Consultant Payments--------------------------------------------- 1TS (1"top side) ® AGREEMENTS----------------------------------------------------------- 1TS (1"top side) ❑ S E PA ----------------------------------------------------------------------- ❑ PERMITS/PLAN REVIEW--------------------------------------------- ® EASEMENTS/DEEDS-------------------------------------------------- 1TS (1"top side) CONSTRUCTION ❑Bid Info--------------------------------------------------------------- ❑Insurance & Legal Review--------------------------------------- OContract Document----------------------------------------------- ❑S u b m i tta I s----------------------------------------------------------- ❑Pay Estimates------------------------------------------------------ _ ®Change Orders----------------------------------------------------- 2S (2"Stteift �S ®Inspection/Progress Reports -------------------------------- 2S (2" Ste) ❑Construction Management Services------------------------ - ❑Operations & Maintenance-------------------------------------- ❑ LITIGATION--------------------------------------------------------------- LI D-------------------------------------------------------------------------------- ❑Public Notification ------------------------------------------------- ❑Public Meetings---------------------------------------------------- ❑Final Assessment Roll ------------------------------------------- ❑Miscellaneous------------------------------------------------------ SAD ------------------------------------------------------------------------------ ❑Public Notification------------------------------------------------- ❑Public Meetings---------------------------------------------------- E]Final Assessment Roll ------------------------------------------- ❑Miscellaneous------------------------------------------------------ Proj ectRequestForm.doc