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PO Box 2479 • Auburn, WA 98071 253-880-3100 • Fax: 253-880-3109 City of Renton Parks Planninq & Natural Resources Division 1055 South Grady Way Renton, WA 98057 Phone: 425-430-6571 Fax: We are transmitting the following to you: Oorawings □Plans i:8]Enclosed □specifications LETTER OF TRANSMITTAL Date: 3/24/22 I Job No. ATTN: Alan Wyatt RE: Kiwanis Park Improvements Contract #CAG-22-013 Transmittal # 1 Ounder Separate Cover Via ___ _ □Product Data Osamples Ocopy of LetterOSubmittal □contract □change Order Material prepared by: I I TD-215 -------------------------------- Copies Date Number 1 1 1 1 1 1 These are transmitted as checked below: OFor Approval OFor your Use OAs requested □Approved as Submitted□Approved as Noted OFor Review and Comment Description TOI Signed Agreement Contract Bond Certificate of Insurance City of Renton business license Vendor Set-Up Form W-9 Remarks: Please return an executed copy of the Aqreement to TDI Sent via: email and USPS Signed: Vern Orr CAG-22-013 AGREEMENT Armando Pavone Mayor CONTRACT NO. CAG-22-013 THIS AGREEMENT, made and entered into this ______ day of ____ � 2022 by and between the CITY OF RENTON, Washington, a municipal corporation of the State of Washington, hereinafter referred to as "City" and Terra Dynamics, Inc., hereinafter referred to as "Contractor." Now, therefore the parties agree as follows: 1.Agreement. This agreement incorporates the following documents as if fully set forth herein: the Construction Documents prepared by Bruce Dees & Associates, LLC, dated February 4, 2022, the latest Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations ("Standard Specifications"); the City's Contract Bid Documents for the Project, including but not limited to Addenda, Proposal Form, Special Provisions, Contract Plans, and Amendments to the Standard Specifications; Contractor's Proposal and all documents submitted therewith in response to the City's Call for Bids Documents; and any additional documents referenced as comprising the Contract and Contract Documents in Section 1-04.2 of the Standard Specifications, as revised by the Amendments and Special Provisions included with the City's Call for Bids and Contract Documents. 2.Project. Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the project entitled Kiwanis Park Improvements, CAG-22-013, including the base bid and alternate one scope of work, and including all changes to the Work and force account work, in accordance with the Contract Documents, as described in Section 1-04.2 of the Special Provisions. 3.Payments. City shall pay Contractor at the unit and lump sum prices, and by force account as specified in the Proposal according to the Contract Documents as to time, manner, and condition of payment in a contract amount not to exceed $4,780,000.00, plus applicable WSST, unless modified by an approved change order or addendum. The payments to Contractor include the costs for all labor, tools, materials and equipment for the Work. 4.Completion Date. Contract time shall commence upon City's Notice to Proceed to Contractor. The Work under this Agreement shall be completed within the time specified in the Contract Bid Documents. If the Physical Work under this Agreement is not completed within the time specified, Contractor shall pay liquidated damages and all engineering inspection and supervision costs to City as specified in the Contract Bid Documents. 5.Attorney's Fees. In the event litigation is commenced to enforce this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's and expert witness fees. 6.Disclaimer. No liability of Contractor shall attach to City by reason of entering into this Agreement, except as expressly provided in this Agreement. 7.Counterparts. This Agreement is executed in two (2) identical counterparts, by the parties, each of which shall for all purposes be deemed an original.-,, 18th April IN WITNESS WHEREOF, the City has caused these presents to be signed by its Mayor and attested by its City Clerk and the Contractor has hereunto set his hand and seal the day and year first above-written. CONTRACTOR: CITY OF RENTON: Presid ent/Partner/Ow ner Armondo Pavone, Mayor ATTEST Jason Seth, City Clerk FIRM INFORMATION d/b/a Terra Dynamics, Inc. CHECK ONE: □ limited liability Company □Partnership � Corporation STATE OF INCORPORATION: i Washington -------------------------------- CONTRACTOR CONTACT INFORMATION: Terra Dynamics, Inc. 34721 West Valley Highway South Algona, WA 98001 (253)880-3100 jkirk@terradynamics.com Attention: CITY CONTACT INFORMATION: City of Renton 1055 South Grady Way Renton, WA 98057 Alan J. Wyatt, Capital Projects Manager (425) 430-6571 awyatt@rentonwa.gov If business Is a CORPORATION, the name of the corporation should be listed In full and both the President and Secretary must sign the contract. OR, if one signature is permitted by corporation by-laws, a copy of the by-laws shall be furnished to the City and made a part of the contract document. If the business is a PARTNERSHIP, the full name of each partner should be listed followed by d/b/a (doing business as) and firm or trade name. Any one partner may sign the contract. If the business is an limited Lia bility Company, an authorized managing member or manager must sign followed by his/her title. Kiwanis Park Improvements CAG 22-013 Contract Template Upclated 12/29/2017 [Enter Date] 04/18/2022 CONTRACT BOND TO THE CITY OF RENTON Bond No. NWA2717 KNOW ALL MEN BY THESE PRESEN TS, That we, (CONTRACTOR /PRINCIPAL) Terra Dynamics, Inc. of [address] P.O. Box 2479, Auburn, WA 98071 as PRINCIPAL , and (SURETY) Merchants National Bonding, Inc. a corporation organized and existing under the laws of the State of Iowa as a SURETY corporation, and qualified under the laws of the State of Washington to become SURETY upon bonds of contractors with municipal corporations, as SURETY, are jointly and severally held and firmly bound to the City of Renton (CITY/OWNER) in the sum of Four Million Seven Hundred Eighty Thousand and 00/1 00 US Dollars ($4,780 ,000 .00 ) Total Contract Amount, for the payment of which sum on demand we bind ourselves and our heirs, successors, assigns, executors, administrators and personal representatives, as the case may be. This obligation is entered into pursuant to the laws of the State of Washington and the ordinances of the City of Renton. Dated at Seattle Washington, this _2_3_rd __ day of March 20 22 NOW, THEREFORE THE CONDITIONS OF THE ABOVE OBLIGATION ARE AS FOLLOWS: WHEREAS, under and pursuant to Contract No. CAG-22-013 providing for construction of the Kiwanis Park Improvements; the PRINCIPAL has accepted, or is about to accept, the Contract, and undertake to perform the Work therein provided for in the manner and within the time set forth. •The SURETY indemnifies, defends, and protects and holds the CITY /OWNER, its officers, agents, and assigns harmless from and against all claims, liabilities, causes of action, damages, and costs for such payments for labor, equipment, and materials by satisfying all claims and demands incurred under the Contract, and reimbursing and paying CITY/OWNER all expenses that CITY/OWNER may incur in making good any default by PRINCIPAL; and, against any claim of direct or indirect loss resulting from the failure of the PRINCIPAL, its heirs, executors, administrators, successors, or assigns, (or the subcontractors or lower tier subcontractors of the PRINCIPAL) to pay all laborers, mechanics, subcontractors, lower tier subcontractors material persons, and all persons who shall supply such contractor or subcontractors with provisions and supplies for the carrying on of such work; and, against any claim of direct or indirect loss resulting from the failure of the PRINCIPAL, its heirs, executors, administrators, successors, or assigns (or any of the employees, subcontractors, or lower tier subcontractors of the PRINCIPAL) to faithfully perform the Contract. •The indemnities to CITY /OWNER shall also inure to the benefit of the Consulting Engineers and other design professionals retained by OWNER in connection with the Project.•No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect SURETY 's obligation on the Contract Bond. SURETY , for value received, hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work to be performed thereunder and agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the PRINCIPAL shall automatically increase the obligation of the SURETY on this Contract Bond and notice to SURETY is not required for such increased obligation. •This Contract Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in King County, Washington. Kiwanis Park Improvements CAG-22-013(if needed) Page 1 of 2 Contract Bond to the CITY of Renton 03/08/2022 F clb FURTHERMORE, this Contract Bond shall be satisfied and released only upon the conditions that PRINCIPAL or SURETY: •Faithfully performs all provisions of the Contract and changes authorized by CITY /OWNER in the manner and within the time specified as may be extended under the Contract; •Pay, in accordance with Chapters 39.08, 39.12 and 60.28 Revised Code of Washington (RCW), the sums due all workers, laborers, mechanics, subcontractors, lower tier subcontractors, material suppliers, and all other persons or agents who supply labor, equipment, or materials for carrying on of such work under the Contract; •Pay all taxes, increases and penalties, if any, incurred on or related to the Contract under Titles 50 and 51 Revised Code of Washington (RCW) and any and all taxes imposed on the Principle under Title 82 RCW or any other law; •Receives a written discharge/release of bond from CITY, signed by the Mayor or by a duly authorized representative of CITY. This Contract Bond shall be executed in two (2) original counterparts, and shall be signed by the parties' duly authorized officers. This Contract Bond will only be accepted if is accompanied by a fully executed and original power of attorney for the office executing on behalf of the SURETY. PRINCIPAL Terra Dynamics, Inc. [PRINCIPAL) nature of Authorized Official] Jon Kirk [Printed Name] CEO [Title] March 24, 2022 [Date] Name and address of local office of Agent and/or SURETY Company: Kiwanis Park Improvements CAG-22-013(if needed) SURETY Merchants National Bonding, Inc. [SURETY) I -.. -'..JJ -� [Signature of Authorized Official} Aliceon A Keltner [Printed Name] Attorney-in-Fact [Title] 3/23/2022 [Date] Merchants National Bonding, Inc. 3120 139th Ave SE Bellevue, WA 98005 Telephone: (425) 576-4078 Page 2 of 2 Contract Bond to the CITY of Renton 03/08/2022 F clb BON DI NG COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Aliceon A Keltner: Alyssa J Lopez: Amelia G Burrill; Annelies M Richie; Brandon K Bush: Brent E Heilesen; Carley Espiritu; Christopher Kinyon; Cynthia L Jay; Eric A Zimmerman; Erica E Mosley; Heather L Allen; Holli Albers; James B Binder; Jamie L Marques; Katharine J Snider; Kyle Joseph Howat their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other wri tten instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenti ng to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner­ Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. STATE OF IOWA COUNTY OF DALLAS ss. May , 2020 MERCHANTS BONDING COMPANY (MUTUAL) On this 19th day of May 2020 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. POLLY MASON Commission Number 750576 My Commission Expires January 07, 2023 (Expiration of notary's commission does not invalidate this instrument) Notary Public I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. Secretary Client#· 109825 TERRDYNA ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 3/23/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AU THORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsem ent(s). PRODUCER Propel Insurance 601 Union Street; Suite 3400 COM Construction Seattle, WA 98101-1371 -INSURED �2�tCT Trisha Hankey/ rll8Ntro Extl: 800 499-0933 I.VC Nol: 866 877-1326 Ji,MD'}l�ss: trisha.hankey@propelinsurance.com ----INSURER(S) AFFORDING COVERAGE I NSURER A: Co ntinental Western Insurance Company INSURER B : Intact Insurance Company NAIC# 10804 - - Terra Dynamics, Inc. -- PO Box 2479 INSURER C: Auburn, WA 98071 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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 INSR LTR A A A A B TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY _ CLAIMS-MADE � OCCUR _!_PD Ded: $1,000 .._ GEN'L AGGREGATE LIMIT APPLIES PER ,_..._ -·PRO--_ POLICY ____!, JECT -LOG OTHER: AUTOMOBILE LIABILITY -- _!_ANY AUTO OWNED ,-SCHEDULED AUTOS ONLY _,_AUTOS X HIRED , X NON-OWNEO c___; AUTOS ONLY _. _ AUTOS ONL V � UMBRELLA LIAB X OCCUR EXCESS LIAB CLAIMS-MADE OED RETENTION$ WORKERS COMPENSATION A ND EMPLOYERS' LIABILITY y I N ANY PROPRIETOR/PARTNER/EXECUTIVE-. -OFFICER/MEMBER EXCLUDED? N ' (Mandatory in NH) If yes. describe under DESCRIPTION OrOPE<>.o.TtONS below Pollution Liabili fN��L�B0R NIA LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY NUMBER r&�Mg�, ,:�gg���' LIMITS CPA6005831 02/1 0/2022 02/10/2023 EACH OCCURRENCE s1 000 000 �ijiAGE J?i,RENTEO MIS� Ea occurro=-"' s300 000 MED EXP (Any one penion) s 10 000 PERSONAL & ADV INJURY s1 000,000 GENERAL AGGREGATE s2,ooo,ooo PRODUCTS -COMP/OP AGG s2,000,000 s CPA6005831 02/10/2022 02/1 0/2023 f��'-:s��?NGLE LIMIT s1 ,000,000 BODILY INJURY (Per person) s BODILY INJURY (Per accident) $ . PROPERTY DMI/\GE s rPor aooctonll s CPA6005831 02/10/2022 02/10/2023 EACH OCCURRENCE s5 000 000 AGGREGATE s5 000 000 s CPA6005831 02/1 0/2022 02/1 0/2023 fR'.,.,.,.� x 2JH- WA Stop Gap E.L. EACH O.CCIOENT s1 000 000 E L. DISEASE -EA EMPLOYEE S 1 000 000 EL DISEASE· POLICY LIMIT s1 000 000 7930108330001 02/10/2022 02/10 /2023 $1,000,000 Limit $25,000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Kiwanis Park Improvements City of Renton shall be included as Additional Insured on a primary and non-contributory basis per the attached endorsements. CERTIFICATE HOLDER CANCELLATION City of Renton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Alan Wyatt ACCORDANCE WITH THE POLICY PROVIS)ONS. 1055 S Grady Way Renton, WA 98057 AUTHORIZED REPRESENTATIVE 9� © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S5060305/M4997790 ACT01 COMMERCIAL GENERAL LIABILITY CL CG 20 71 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES, CONTRACTORS OR OTHERS -COMPLETED OPERATIONS -AUTOMATIC STATUS, INCLUDING PRIMARY NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) when you are obligated by virtue of a written con tr act or agreement that such person or organization(s) be added as an additional insured to your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" caused, in whole or in part by: (1)Acts or omissions of the Named Insured; or (2)The acts or omissions of those acting on behalf of the Named Insured; and included in the "products-completed operations hazard" This insurance applies only when you are required to add the additional insured by virtue of a written contract or agreement, provided the contract or agreement is: 1.Currently in effect or becomes effective during the term of this policy; and 2.Was executed prior to the "bodily injury" or "property damage" or "personal and advertising injury". However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. For purposes of this endorsement, throu ghout the policy, the terms "you" and "your" refer to the Named Insured shown in the Declarations. B.Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury" and "property damage" arising out of: 1.The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a.Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b.Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the superv1s1on, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and adv ertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 2.Subject to Paragraph 3. below, professional services include: a.Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and CL CG 20 71 09 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 b.Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3.Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. C.Limits of Insurance With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: !f coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. D.Other Insurance For purposes of this endorsement, the following is added to the Section IV -Commercial General Liability Conditions, 4. Other Insurance condition and supersedes any provision to the contrary: This insurance is excess of all other insurance available to an additional insured whether on a primary, excess, contingent or any other basis. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the additional insured is a Named Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission CLCG20710916 COMMERCIAL GENERAL LIABILITY CL CG 04 92 10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Provision A 8 C. M II 1sce aneous Name Of Coverage Extension Add . 11 1t1ona nsureds Expected Or Intended Injury Or Damage Knowledge Of Occurrence Included or Limit of Insurance Inc u e I d d Included Included D.1 Legal Liability-Damage To Premises Rented To You (Fire, Lightning,I $300,000 , Explosion Smoke, Or Leakage From Automatic Fire Protective Svstems) E Medical Payments See Declarations F.Mobile Equipment Redefined Included G.Newly Formed Or Acquired Organization, Partnership Or Limited Liability Included Company And Extended Period Of CoveraQe H. Who Is An Insured -Amendment Included I.Non-Owned Watercraft (Increased to maximum length of less than 51 Included feet) J.Supplementary Payments -Increased Limits 1.Bail Bonds $ 3,000 2.Loss Of Earnings $1,000 K.Unintentional Omission Or Unintentional Error In Disclosure Included L.Waiver Of Transfer Of Rights Of Recovery Against Others Included M.Liberalization Clause Included N.Incidental Medical Malpractice Included The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided The provisions of the Commercial General Liability Coverage Part apply except as otherwise provided in this endorsement. This endorsement applies only if such Coverage Part is included in this policy A.MIS CELLANEOUS ADDITIONAL INSUREDS 1.Section II -Who Is An Insured is amended to include as an insured any person or organization (referred to as an additional insured below) described in Paragraphs A.1.c.(1) through A.1.c.(9) below when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy, provided that: a.The written contract or written agreement is: (1)Currently in effect or becoming effective during the term of this policy; and (2)Fully executed by you and the additional insured prior to the "bodily CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 8 I I in jur y", "property damage" or "personal and advertising injury". b.The insurance afforded by this provision does not apply to any person or organization included as an additional insured by a separate endorsement issued by us and made a part of this policy or coverage part. c.Only the follo wing persons or organizations are additional insureds under this provision, with coverage for such additional insureds limited as provided herein (1)Persons or Organizations For Whom Operations Are Performed (a)An y person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured to your policy; and (b)Any other person or organization you are required to add as an additional insured under the contract or agreement described in paragraph (a) above. (c)Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: (i)Your acts or omissions: or (ii)The acts or omissions of those acting on your behalf; in the per formance of your ongoing operations for the additional insured. (d)With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (i)"B odily injur y", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1.1) The prepa ring, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (1.2) Supervisory, inspection, architectural or eng ineering activities This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. (ii)"Bodily injury" or "property damage" occurring after: (1.1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (1.2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project (2)Managers Or Lessors Of Premises A manager or les sor of premises but on ly with respect t o liability arising ou t of the ownership, maintenance or use of that part of the premises leased to CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc, with its permission Page 2 of 8 you and subject to the following additional exclusions: This insurance does not apply to: (a)Any "occurrence" which takes place after you cease to be a tenant in that premises (b)Str uctural alterations, new construction or demolition operations performed by or on behalf of such additional insured (3)Mortgagee, Assignee Or Receiver A mortgagee, assignee, or receiver but only with respect to their liability as mortgagee assignee, or rec eiver and arising out of the ownership, maintenance or use of a covered pre mise s by you. This insurance does not appl y to structural alterations, new construction or demolition operations performed by or on behalf of such additional insured (4)Owners Or Other Interests From Whom Land Has Been Leased An owner or other interest from whom land has been leased to you but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (a)Any "occurrence" which takes place after you cease to lease that land. (b)Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured (5)Lessor Of Leased Equipment Any person(s) or organization(s) from whom you lease equipment but only with respect to liability for "bodily injury", "property damage" or "personal a nd advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s) A person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such leased equipment ends This insurance does not apply to any "occurrence" which takes place after the equipment lease expires (6)State, Municipality, Governmental Agency Or Subdivision Or Other Political Subdivision -Permits Or Authorizations Relating To Premises Any state, municipality, governmental agency or subdivision or other political subdivision subject to the following additional provisions (a)This insurance applies only with respect to (i)The following hazards for which the state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: (1.1) The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or (1.2) The construction, erection or removal of elevators; or (1.3) The ownership, maintenance or use of any elevators covered by this insurance. (ii)Operations performed by you or on your behalf for which the state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc , with its permission Page 3 of 8 (b)This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality. governmental agency or subdivision or other political subdivision (7)Controlling Interest Any person(s) or organization(s) with a controlling interest in the Named Insured but only with respect to their liability arising out of (a)Their financial control of you; or (b)Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such person(s) or organization(s) (8)Co-Owner Of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owner's liability as co-owner of such premises. (9)Vendors (a)Any person(s) or organization(s) (referred to as vendor). but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business The insurance afforded the vendor does not apply to (i)"Bodily inJury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a written contract or written agreement This exclusion does not apply to liability for damages that the vendor would have in the absence of the written contract or written agreement; (ii)Any express warranty unauthorized by you; (iii)Any phys ical or chemical change in the product made intentionally by the vendor; (iv)Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitut ion of parts under instructions from the manufacturer, and then repackaged in the original container; (v)Any fa ilure to make such inspections, adjustments, tests or servicing as the ve ndor has a greed to make or normally undertakes to make in the usuai course of business, in connection with the distribution or sale of the products; (vi)Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (vii) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (viii)"Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf However, this exclusion does not apply to. (1.1) The exceptions contained in Sub­ paragraphs (iv) or (vi); or (1.2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc, with its permission Page 4 of 8 in the usual course of business, in connection wi th the distrib ution or sale of the products (b)This insurance does not app ly to any insured person or organization, from whom you have acquired products, or any ingredient. part or container, entering into, accompanying or containing such products. 2.With respect to coverage provided by this Provision A. Miscellaneous Additional Insureds. the following additional provisions apply a.Any insurance provided to an additional insured designated under ParagraphsA.1.c.(1) through A.1.c.(8) above does not apply (1)To "bodily injury" or "property damage" included within the "products-completed operations hazard"; or (2)To "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured b.The insurance afforded to such additional insured only applies to the extent permitted by law c.The insurance afforded to such additional insured will not be broader than that which you are required to provide by the written contract or written agreement. 3.With respect to the insurance afforded to the additional insureds within this Provision A. Miscellaneous Additional Insureds, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a.Required by the written contract or written agreement; or b.Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations. B.EXPECTED OR INTENDED INJURY OR DAMAGE Exclusion 2.a. Expected Or Intended Injury of Section I -Coverage A -Bodily Injury AndProperty Damage Liability is deleted and replaced by the following: a.Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property C.KNOWLEDGE OF OCCURRENCE Paragraph 2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV -Commercial General Liability Conditions is deleted and replaced by the following a.You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim only when the "occurrence" or offense is known to: (1)You, if you are an individual; (2)A partner, if you are a partnership; (3)A manager, if you are a limited liability company; or (4)An "executive officer" or the "employee" designated by you to give such notice, if you are an organization other than a partnership or a limited liability company To the extent possible, notice should include­ (i) How, when and where the "occurrenc e" or offense took place; (ii)The names and addresses of any injured persons and witnesses; and (ill) The nature and location of any injury or damage arising out of the "occurrence" or offense. D.LEGAL LIABILITY -DAMAGE TO PREMISES RENTED TO YOU (Fire, Lightning, Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) If damage to premises rented to you is not otherwise excluded from this policy or coverage part, then the following provisions apply: 1.Under Section I -Coverage A -Bodily Injury And Property Damage Liability, the last paragraph (after the exclusions) is deleted and replaced by the follow ing: CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 5 of 8 Exclusions c. through n. do not apply to damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with the permission of the owner A separate limit of insurance applies to this coverage as described in Section Ill -Limits Of Insurance 2.The par agraph immediately after Sub­ paragraph j.(6) of Paragraph 2. Exclusions of Section I -Coverage A-Bodily Injury And Property Damage Liability is deleted and replaced by the following: Paragraphs (1 ), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems) to premises, including the contents of such premi ses, rented to you for a period of seven or fewer consecutive days A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill -limits Of Insurance. 3.Paragraph 6. of Section Ill -Limits Of Insurance is deleted and replaced by the following: 6.Subject to Paragraph 5. above, the greater of: a.$300,000; or b.The Damage To Premises Rented To You Limit shown in the Declarations. is the most we will pay under Coverage A for damages because of "property damage" to premises while rented to you, or in the case of damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems, while rented to you or temporarily occupied by you with permission of the owner. This limit will apply to all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion , "smoke", leakage from automatic fire protective systems, or other covered causes of loss or any combination thereof 4.Subparagraph b.(1 )(a)(ii) of Paragraph 4. Other Insurance of Section IV - Commercial General liability Con ditions is deleted and replaced by the following: (ii)That is fire, lightning, explosion, "smoke" or leakage from automatic fire protective systems insurance for premises rented to you or temporarily occu pied by you wi th permission of the owner; 5.Subparagraph a. of Definition 9. "Insured contract" of Section V -Definitions is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning , explosion, "smoke" or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with pe rmission of the ow ner is not an "insured contract" 6.As used in th is Provision D. Legal Liability - Damage To Premises Rented To You: "Smoke" does not include smoke from agricultural smudging, industrial operations or "hostile fire" E.MEDICAL PAYMENTS The Medical Expense Limit is changed, subject to the terms of Section Ill -Limits Of Insurance, to the Medical Expense Limit shown in the Declarations. F.MOBILE EQUIPMENT REDEFINED Subparagraph f.(1) of Definition 12. "Mobile equipment" of Section V -Definitions is deleted and replaced by the following: (1)Equipment with a gross vehicle weight of 1,000 pounds or more and designed primarily for: (a)Snow removal; (b)Road maintenance, but not construction or resurfacing; or (c)Street cleaning; G.NEWLY FORMED OR ACQUIRED ORGANIZATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY AND EXTENDED PERIOD OF COVERAGE Paragraph 3. of Section II -Who Is An Insured is deleted and replaced by the following: 3.Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or: a.Majority interest of more than 50% if you are a corporation; b. Majority interest of more than 50% as a general partner of a newly acquired or formed partnership; and/or CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc , with its permission Page 6 of 8 c.Majority interest of more than 50% as an owner of a newly acquired or formed limited liability company; will qualify as a Named Insured if there is no other similar insurance available to that organization However, for these organizations (i)Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, partnership or limited liability company, or the end of the policy period, whichever is earlier; (ii)Section I -Coverage A -Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization partnership or limited liability company; (iii)Section I -Coverage B -Personal And Advertising Injury Liability does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization, partnership or limited liability company; (iv)Coverage applies only when operations of the newly acquired organization, partnership or limited liability company are the same or similar to the operations of insureds already covered under this insurance; (v)Coverage only applies for those limited liability companies who have established a date of formation as recorded within the filed state articles of organization, certificates of formation or certificates of organization; and (vi)Coverage only applies for those partnerships who have established a date of formation as recorded within a written partnership agreement or partnership certificate H.WHO IS AN INSURED -AMENDMENT The last paragraph of Section II -Who Is An Insured is deleted and replaced by the following No person or organization is an insured with respect to the conduct of any a.Current partnership or limited liability company, unless otherwise provided for under Paragraph 3. of Section II -Who Is An Insured; b.Current joint venture; or c.Past partnership, joint ventu re or limited liability company; that is not shown as a Named Insured in the Declarations. I.NON-OWNED WATERCRAFT Subparagraph (2) of Exclusion 2.g. Aircraft, Auto Or Watercraft of Section I -Coverage A - Bodily Injury And Property Damage Liab ility is deleted and replaced by the following (2)A watercraft you do not own that is· (a)Less than 51 feet long; and (b)Not being used to carry persons or property for a charge J.SUPPLEMENTARY PAYMENTS -INCREASEDLIMITS Section I -Supplementary Pa yments - Coverages A And B is changed as follows: 1.The limit shown in Para graph 1.b. for the cost of bail bonds is changed fr om $250 to $3,000; and 2.The limit shown in Paragraph 1.d. for loss of earnings because of time off from work is changed from $250 a day to $1,000 a day K.UNINTENTIONAL OMISSION OR UNINTENTIONAL ERROR IN DISCLOSURE The following provision is added to Paragraph 6. Representations of Section IV -Commercial General Liability Conditions However, the unintentional omission of, or unintentional error in, any information given or provided by you shall not prejudice your rights under this insurance This provision does not affect our right to collect additional premium or to exe rcise our right of cancellation or non-renewal L.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization because of payments we make for Injury or damage arising out of your ongoing operations or "your work" and included in the "products-completed operations hazard" when you have agreed in a written contract or written agreement that any right of recovery is waived for such person or organization. This waiver applies only to the CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc, with its permIssIon Page 7 of 8 person(s) or organization(s) agreed to in the written contract or written agreement and is subject to those provisions. This waiver does not apply unless the written contract or written agreement has been executed prior to the "bodily injury" or "property damage". However, if any person or organization is separately scheduled on a separate wa iver of trans fer of rights of recovery which is attached to this policy, then this wa iver does not apply. M.LIBERALIZATION CLAUSE The followi ng is added to Section IV - Commercial General Liability Conditions: if we adopt a mandatory atiachmeni form change which broadens coverage under this edition of the Commercial General Liability CG0001 for no additional charge, and those changes are intended to apply to all insureds under this editi on of CG0001, that change will automatically apply to your insurance as of the date we implement the change in your state. This liberalization clause does not apply to changes implemented through introduction of a subsequent edition of the Commercial General Liability form CG0001 N.INCIDENT AL MEDICAL MALPRACTICE 1.Paragraph 2.a.(1 )(d) of Section II -Who Is An Insured does not apply to a physician, nurse practitioner, physician assistant, nurse, emergency medical technician or paramedic employed by you if you are not in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 2.This provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis Any payments by us will follow Paragraph 4.b. of Section IV - Commercial General Liability Conditions. CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc, with its permission Page 8 of 8 COMMERCIAL GENERAL LIABILITY CL CG 00 20 10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.PROPERTY DAMAGE TO BORROWED EQUIPMENT 1.Paragr aph 2.j. of SECTION I • COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended as follows: Paragraphs (3) and (4) of thi s exclusion do not apply to tool s or equipment loaned to you, provided they are not being used to perform operations at the time of loss. 2.SECTION Ill -LIMITS OF INSURANCE is deleted and replaced by the following: The most we will pay in any one "occurrence" for "property damage" to borrowed equipment is $15,000. This limit of insurance is the most we will pay regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 3.Deductible a.Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of $250 as applicable to "property damage" as the result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". b.The terms of this insurance, including those with respect to our right and duty to defend the insured against any "suits" seeking those damages; and your duties in the event of an "occurrence", claim, or "suit" apply irrespective of the application of 1he deductible amount. c.We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken; you shall promptly reimburse us for such part of the deductible amount as we have paid. B.CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT 1.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGEC (SECTION I), which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: a.A Single Construction Project General Aggregate Limit applies to each construction project away from premises owned by or rented to the insured, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b.The Single Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: (1)Insureds; (2)Claims made or "suits" brought; or (3)Persons or organizations making claims or bringing "suits". CL CG 00 20 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 4 c.Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project awayfrom premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction ProjectGeneral Aggregate Limit for any other separate construction project away from premises owned by or rented to the insured. d.The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continueto apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. 2.For all sums which the insured becomes legally obligated to pay as damages caused by "occu rrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a single designated construction project away from premises owned by or rented to the insured: a.Any payments made under COVERAGE A for damages or under COVERAGE C for medical expensesshall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and b.Such payments shall not reduce any Single Construction Project General Aggregate Limit. 3.When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit or the Single Construction Project General Aggregate Limit. 4.If the applicable construction project away from premises owned by or rented to the insured has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate fromplans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. 5.The provisions of Limits Of Insurance (SECTION Ill) not otherwise modified by this endorsement shall continue to apply as stipulated. C.LIMITED JOB SITE POLLUTION 1.Exclusion f. under Section I -Coverage A is replaced by the following: 2.Exclusions This insurance does not apply to: f.Pollution Page 2 of 4 (1)"Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge,dispersal, seepage, migration, release or escape of "pollutants": (a)At or from any premises, site or location on which any insured or any contractors orsubcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize,or in any way respond to, or assess the effects of, "pollutants"; or (b)At or from a storage tank or other container, ducts or piping which is below or partially below the surface of the ground or water or which, at any time, has been buried under the surface of the ground or water and then subsequently exposed by erosion, excavation or any othermeans if the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" arises at or from any premises, site or location which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or sub contract or. Subparagraph (b) does not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (2)Any loss, cost or expense arising out of any: (a)Request, demand, order or statutory or regulatory requirement issued or made pursuant to anyenvironmental protection or environmental liability statutes or regulations that any insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or Includes copyrighted material of Insurance Services Office, Inc., with its permission CL CG 00 20 10 18 (b)Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing or in any way responding to or assessing the effects of , "pollutants". However, this paragraph does not apply to liability for those sums the insured becomes legallyobligated to pay as damages because of "property damage" that the insured would have in the absence of such request. demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. 2.With respect to "bodily injury" or "property damage" arising out of the actual, alleged or threateneddischarge, dispersal, seepage, migration, release or escape of "pollutants": a.The "Each Occurrence Limit" shown in the Declarations does not apply. b.Paragraph 7. of Limits Of Insurance (Section Ill) does not apply. c.Paragraph 1. of Section Ill -Limits Of Insurance is replaced by the following: The Limits Of Insurance shown in this endorsement, or in the Declarations and the rules below fix themost we will pay regardless of the number of : (1)Insureds; (2)Cla ims made or "suits" brought; or (3)Persons or organizations making claims or bringing "s uits". d.The following are added to Section Ill -Limits Of Insurance: 8.Subject to 2. or 3. above, whichever applies, the most we will pay for the sum of: a.Damages under Coverage A; and b.Medical expenses under Coverage C because of "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" is $100,000 aggregate. 9.Subject to 8. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants". D.VOLUNTARY PROPERTY DAMAGE 1.The following is added to Section 1 • COVERAGES: We will pay, at your request for "property damage" to that part of any property: a.Which you or any subcontractors working directly or indirectly on your behalf are performing operations; or b. That must be restored, repaired or replaced because "your work" was incorrectly performed on it. This insurance applies only to "property damage" to property of others while in your care, custody, orcontrol, and arising out of operations away from your insured premises and incidental to your business. Exclusions j.(3),(4),(5) and (6) do not apply to this coverage. This insurance does not apply to "property damage" included within the "explosion hazard", the"collapse hazard" or the "underground property damage hazard". 2.For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION Ill - LIMITS OF INSURANCE is replaced by the following: A.Limits of Insurance 1.Unless a higher limit is shown in the Declarations, the most we will pay in any one "occurrence" for"property damage" under this endorsement is $1 5,000. 2.Unless a higher limit is shown in the Declarations, the most we will pay for all covered "occurrences" during any one policy period is $15,000 Aggregate Limit of Insurance. The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining perio_d of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after Issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for CLCG00201018 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 4 purposes of determining the Limits of Insurance. 3.Deductible a.Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of $250 as the result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". b.The terms of this insurance, including those with respect to our right and duty to defend the insured against any "suits" seeking those damages; and your duties in the event of an "occurrence", claim, or "suit" apply irrespective of the application of the deductible amount. c.We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken; you shall promptly reimburse us for such part of the deductible amount as we have paid. 4.Fo; the pu;poses of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION iV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a.The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: In the event of loss covered by this endorsement, the insured shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs at actual cost to the insured, excluding prospective profit or overhead charges of any nature. Any property so paid for or replaced shall, at our option, become our property. Any payment made by us shall not constitute an admission of liability by an insured, or by us. b.Paragraph 4. Other Insurance is amended as follows: (1)Paragraph 4.a. Primary Insurance is deleted. (2)Subparagraphs (1) and (2) of paragraph 4.b. Excess Insurance are deleted and replaced with the following: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis. All other provisions that apply to paragraph 4. Other Insurance contained in the Commercial General Liability Coverage Form are applicable. 5.For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, the following definitions are added to SECTION V -DEFINITIONS: a."Collapse hazard" includes "structural property damage" and any resulting "property damage" to any other property at any time. b."Explosion hazard" includes "property damage" arising out of blasting or explosion. The "explosionhazard" does not include "property damage" arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment. c."Structural property damage" means the collapse of or structural injury to any building or structure due to: (1)Grading of land, excavating, burrowing, filling, back-filling, tunneling, pile driving, cofferdam work orcaisson work; or (2)Moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. d."Underground property damage hazard" includes "underground property damage" and any resulting"property damage" to any other property at any time. e."Underground property damage" means "property damage" to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus used with them beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose ofgrading land, paving, excavating, drilling, burrowing, filling, back-filling or pile driving. Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission CL CG 00 20 10 18 COMMERCIAL AUTO CL CA 01 49 07 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEA.SE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXPANSION ENDORS EMENT-PLATIN UM This endorsement modifies insurance provided under the following: BUSINE SS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement, the provisions of the Business Auto Co1.erage Form apply unless modified by this endorsement. A.NEWLY ACQUI RED ORGANIZATIONS OR FORMS) The following is added to Paragraph A.1. Who Is An Insured of Section II -Covered Autos Liability Co-.erage: Any organization you newly acquire or form, other than a par t nership, joint venture or limited liability company or any organization excluded either by this Cm,erage Part or by endorsement, and o'ver which you maintain ownership or majority interest of more than 50 percent will qualify as a Named Insured. However: 1.This insurance does not apply to any newly acquired or formed organization that is an"insured" under any other automobile policy or would be an "insured" under such policy but for its termination or the exhaustion of its Umitof Insurance. 2.Co-.erage does not apply to "bodily injury" or "property damage" that occurred before youacquired or formed the organization. 3.Co1ierage under this provision is afforded oriyuntil the 180th day after you acquire or form the organization or the end of the policy period, whiche'ver is earlier. B.ADDITIONAL INSURED BY CONTRACT OR AGREEMENT The following is added to Paragraph A.1., Who Is An Insured of Section II -Covered Autos LiabilityCo-.erage: When you ha-.e agreed in a written contract or agreement to include a person or organizatioo asan additional "insured", such person or organization is included as an "insured" suqect to the following: 1.Such person or organization is an additi onal "insured" only to the extent such person or organ zation is liable for "bodily inJury" or ·• property damage": because of the conduct ofan "insured" under Paragr aphs a. orb. under Paragraph A.1. Who Is An Insured of Sectim II -Covered Autos Liability Cm,erage, caused by an "accident" and resulting from theownership, maintenance or use of a covered"auto"; 2.The written contract or agreement described abo1,e must have been executed prior to the "accident" that caused the "bodily injury" or "property damage" and be in effect at the time of such "accident"; 3.The insurance afforded to any such additiooal"insured" does not apply to any "accident" beyond the period of time required by the written contract or agreement describedabove; 4.The most we will pay on behalf of such additional "insured(s )" is the lesser of: a.The Limits of Insurance specified in the written contract or agreement describedabove; or b.The Limits of Insurance shown in the Declarations. This provision shall not increase the Limit of Insurance shown in the Declarations in this policy or coverage part; and 5.The following changes are made to Paragraph 5.Other Insurance of B. General Conditionsunder Section IV -Business Auto Conditions: a.The following is added to Paragraph 5.a.: If required by the written contract or agreement described above, the CL CA 01 49 07 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 5 insurance afforded to the additional insured under this provision will be primary to, and will not seek contribution from, the additional insured's owi insurance. b.Paragraph 5.c. is deleted in its entirety. 6.Paragraph A.1.c. under Section II -Co\ered Autos Liability Co\erage is deleted in itsentirety. 7.The definition of "insured contract" under Section V -Definitions is amended to add the following: An "insured contract" does not include thatpart of any contract or agreement: That pertains to the ovvnership, maintenance or use of an "auto" and wh ich indemnifies aperson or organization for other than the vicarious liability of such person or organization for "bodily injury" or "property damage" caused by your operation or use ofa co\ered "auto". However, a person or organization is anadditional "insured" under this provision only to the extent such person or organization is not named as an "insured" by separateendorsement to this policy. C.EMPLOYEES AS INSUREDS The following is added to Paragraph A.1. Who Is An Insured Section II -Co\ered Autos LiabilityCo\erage: Any "employee" of yours is an "insured" while using a covered "auto" you don� own, hire orborrow in your business or your personal affairs. D. INCREASED COVERAGE -BAIL BONDS The Supplementary Payments Co\erage Extension of Section II -Co\ered Autos Liability Co\erage is amended as follows: The Limit of Insurance in paragraph A.2.a.(2) is increased to $5,000. E.INCREASED COVERAGE LOSS OFEARNINGS The Supplementary Payments Co\erageExtension of Section II -Co\ered Autos Liability Co\erage is amended as follows: The Limit of Insurance in paragraph A.2.a.(4) is increased to $1,000. F.FELLOW EMPLOYEE COVERAGE The Fellow Employee Exclusion contained in Section II -Co\€red Autos Liability Co\€rage does not apply. This coverage is excess over any othercollectable insurance. G. COVERAGE EXTENSION -TRANSPORTATIONEXPENSES Paragraph A.4.a. Transportation Expenses of Section Ill -Physical Damage Co\erage is amended as follows: 1.The Limits of Insurance are increased to $75per day to a maximum of$2,500. 2.We will also pay reasonable and necessaryexpenses to facilitate the return of the stolen"auto" to you. 3.It is agreed and understood and it is our stated intent that expenses incurred by you under the Transportation Expenses Coverage Extension will not also be co\€red or paidunder the Rental Reimbursement Co\erage provided by this endorsement or any rental reimbursement co\€rage added by separate endorsement to this policy. H.EXTENDED COVERAGE -AIRBAGS The following is added to Exclusion B.3.a. of Section Ill -Physical Damage Co\€rage: Howe\€r, this exclusion does not apply to theunintended discharge of an airbag. This coverage is excess o\€r any other collectille insurance or warranty providing such airbagco\€rage. I.AUTO LOAN/LEASE GAP COVERAGE The following is added to Section Ill -Physical Damage Co\erage, Paragraph C. Limits of Insurance. 4.In the e\€nt of a total "loss" to a covered"auto", we will pay the lesser of: a.Any unpaid amount due on the lease orloan for a covered "auto", less: (1)The amount under the Physical Damage Coverage section of thepolicy; and (2)Any: (a) O\€rdue lease/loan payments atthe time of the "loss"; (b)Financial penalties imposed under a lease for excessi\€ use,abnormal wear and tear or highmileage; (c)Security deposits not returned by the lessor; (d)Costs for extended warranties, Credit Life Insurance , Health, Accident or Disability Insurance purchased with the loan or !ease;and (e)Carry-over balances from previous loans or leases; or b.$5,000. Page 2of5 Includes copyrighted material of Insurance Services Office, Inc., with its permission CL CA 01 49 07 21 However, this pro\oision does not apply to the extent loan/lease gap c o\.erage has been provided by separate endorsement to this policy. J.GLASS REPAIR -NO DEDUCTIBLE The following is added to Paragraph D. Deductible of Section Ill -Physical Damage Coverage: Any Comprehensive Coverage deductible shCMn in the Declarations does not apply to "loss" to glass breakage when you elect to patch or repair rath er than replace the glass. This provision does not apply to any covered "a uto" provided Ph ysical Damage Coverage under CA 04 21 - Full Safety Glass Coverage. K.INC REASED COVERAGE -ELECTRONIC EQUIPMENT The $1,000 limit indicated in Paragraph C.1.b. under Section Ill -Physical Damage Coverage is increased to $2,500. L.EXTENDED COVERAGE PROPERTY PERSONAL The following is added to Paragraph A.4. Coverage Extensions of Section Ill -Physical Damage Coverage: Physical Damage Coverage on a covered "auto" may be extended to "loss" to your personal property or, if you are an individual, the personal property of a family member, that is in the cm,ered "auto" at the time of "loss" and caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". The insurance provided by this coverage extension is excess over any other collectible insurance. The most we will pay for any one "loss" under this coverage extension is $500. However, our paymen t for "loss" to personal property will only be for the account of the owner of the property. Under this provision, personal property does not include and we will not pay for "loss" of curr ency, coins, securities or contraband. No deductible applies to this coverage extension. M.TOWING Paragraph A.2. Towing of Section Ill -Physical Damage Coverage, is replaced by the following: If a private passenger type "auto" or light truck "auto'' (0-10,000 Lbs. GVW ) is provided both Comprehensive and Collision Coverage, we will pay up to $150 for towing and labor costs incu/TBd each time such "auto" is disabled. If a medium, heavy or extra-heavy truck or extra-heavy Truck­ tractor "auto" (greater than 10,000 Lbs. GVW) is provided both Comprehensive and C ollision Coverage, we will pay up to $250 for towing and labor costs incurred each time such "auto" is disabled. However, the labor must be performed at the place of disablement. N. FIRE EXTINGUISHER RECHARGE The following is added to Paragraph A.4. Coverage Extensions of Section IV -PhysicalDamage Coverage: When fire extinguishers are kept in your covered "auto" and any are di scharged in an attempt to extinguish a fire, we will pay the lesser of the actual cos t of recharging or replacing such fireextinguisher(s ). No deductible applies to this coverage. 0.HIRED AUTO COVERAGE PHYSICAL DAMAGE The following is added to Paragraph A.4. Coverage Extensions of Section Ill -PhysicalDamage Coverage: If hired "autos" are covered "au to s" for Covered Autos Liability Coverage and if Phys ic al Damage Co\i0rage is provided for any "auto" you own, thenhe Physical Damage coverages pro\oided are extended to "autos" you le ase, rent, hire or boITTJN from someone other than your "employees", partners or members of their households subjectto the following: 1.The most we will pay in any one "loss" is thelesser of: a.The actual cash value of the "auto"; b.The cost to repair or replace the "auto"; or c.$100,000. 2.Paragraph 1. above is subject to a deductible. The deductible shall be equal to the amount of the highest deductible shown for any owned "auto" of the same classification for thatcoverage. In the event there is no owned "auto" of the same classification, the highest deductible for any owned "auto" will apply forthat coverage. No deduc tible will apply to "loss" caused byfire or lightning. 3.Hired Auto Physical Damage Coverage issubject to the following: a.If symbol 8 is shown in the Covered Auto section of the Declarations page for any of the Physical Damage coverages, then the Hired Auto Physical Damage c overage described in this endorsement does notapply. b.Other than indicated in Paragraphs a. directly above, coverage provided underthis provision will be excess over any other collectible insurance or coverage. CL CA 01 49 07 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 5 4.In addition to the limit set forth in Paragrap, 1. abo.e we will pay up to $500 per day, to amaximum of $3,500 per "loss" for: a.Any costs or fees associated with the"loss" to a hired "auto"; and b.Loss of use of the hired "auto", provided itis the consequence of an "accident" for which you are legally liable, and as a result of which a monetary loss is sustained by the leasing or rentalconcern. However, Paragraph A.4.b. Loss of Use Expenses undei Section Ill -Physical Damage Coverage of the Business Auto Coverage Form does not apply. P.RENTAL REiMBURSEMENT COVERAGE We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" becauseof "loss" to a covered "auto". 1.Payment applies in addition to the otherwise applicable amount of each coverage you ha.eon the covered "auto". 2.No deductible applies to this coverage. 3.We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of theexpiration date of the policy, with the lesser ofthe following number of days: a.The number of days when the covered"auto" has been repaired or replaced, or b.45 days. 4.Our payment is limited to the lesser of thefollowing amounts: a.Necessary and actual expenses incurred;or b.Not more than $75 for any one day; 5.We will pay up to an additional $300 for the reasonab le and necessary expenses youincur to remove your materials and equipment from the covered "auto" and replace such materials and equipment on the rental "auto". 6. This coverage does not apply while there are spare or reserve "autos" available to you foryour operations. 7.If "loss" results from the total theft of a covered "auto" of the "private passenger type", we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension of the BusinessAuto Coverage Form or any endorsementsthereto. However, this prm,ision does not apply to the extent that rental reimbursement is provided by separate endorsement to this policy. Q. DRIVE OTHER CAR COVERAGE 1.The following is added to Section 11 -CoveredAutos Liability Coverage: a.Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coveragewhile being used by: (1)You, if you are designated in theDeclarations as an individual; (2)Your partners or members, if yo u aredesignated in the Declarations as apartnership or joint venture; (3)Your members or managers, if you are designated in the Declarations asa limited liability company; (4)Your executi-.e officers if you are designated in the Declarations as an organization other than an individual,partnership, joint venture or limitedliability company; and (5)The spouse of any person named in Paragraphs Q.1.a.(1). through Q.1.a.(4) while a resident of the samehousehold; Except: (a)Any "auto" owned by that individual or by any member of his or her household. (b)Any "auto" used by that individual or his or her spouse while workingin a business of selling, servicing,repairing or parking "autos". 2.Changes In Auto Medical Payments And Uninsured And Underinsured MotoristsCoverages The following is added to Who ls An Insured: Any indi-.idual named in 1.a above and his or her "family members" are "insured" while "occupying" or while a pedestrian when beingstruck by any "auto" you don't own excep t: Any "auto" owned by that individual or by any"family member". 3.Changes In P hysical Damage Coverage Any private passenger type "auto" you don, own, hire or borrow is a covered "auto" while in the care, custody or control of any individualnamed in Q.1.a. abo\e or his or her spouse while a resident of the same house-holdexcept: a.Any "auto" owned by that individual or byany member of his or her household; or Page 4 of5 Includes copyrighted material of Insurance Services Office, Inc., with its permissi on CL CA 01 49 07 21 b.Any "auto" used by that individual or his or her spouse while working in a business ofselling, servicing, repairing or parking"autos". 4.The most we will pay for the total of all damages under Covered Autos Liability Uninsured Motorists Coverage and Underinsured Motorists Coverage is the Limit Of Insurance shown in the Declarations asapplicable to owned "autos". 5.Our obligation to pay for, repair, return or replace da maged or stolen property under Physical Damage Coverage, will be reduced by a deductible equal to the amount of thehighest deductible shown for any owned private passenger type "auto" applicable to that coverage. If there are no owned priva te passenger type "autos", the deductible shallbe $250 for Comprehensive Coverage and $500 for Collision Coverage. No deductiblewill apply to "loss" caused by fire or lightning. 6.Additional Definition As used in th is DRIVE OTHER CARProvision: "Family member" means a person related to the individual named in 1.a. by blood, marriage or adoption who is a resident of the individual's household, including a ward orfoster child. R.KNOWLEDGE OF AN ACCIDENT, CLAIM, SUITOR LOSS The following is added to Paragraph A.2. ofSection IV -Business Auto Conditions: Your obligation to provide prompt notice of an "accident", claim, "suit'' or "loss" is satisfied if yoo or a person designated by you to be responsible for insurance matters is notified of, or in any manner made aware of an "accident", claim, "su�"or "loss" and provides us such notice as soon aspracticable S.WAIVER OF SUBROGATION BY CONTRACTOR AGREEMENT The following is added to Paragraph A.5 ofSection IV -Business Auto Conditions: We wai'.€ any right of recovery we may have against a person or organization because of payments we make for "bodily injury" or "property damage" when you and such person ororganization have agreed in writing in a contract or agreement to waive such ri ght of reco\.€ry,provided: 1.Such written contract or agreement was: a.Made prior to the "accident" or "loss" resulting in the co\.€red "bodily injury" or"property damage"; and b.Was in effect at the time of the covered"bodily injury" or "property damage". 2.The covered "bodily injury" or "property damage" must arise out of the operationsspecified in such written contract oragreement. 3.At our request you must provide us with a copy of the aforementioned written contract oragreement. T.UNINTENTIONAL OMI SSIONS The following is added Paragraph B.2. of Section IV -Business Au to Conditions: If you fail to disclose any hazards existing at the inception date of this policy, such failure will not prejudice the coverage provided to you. Howe\1:lr, this provision does not affect our right to collectadditional premium or exercise our right ofcancellation or nonrenewal. U.LIBERALIZATION If we revise this endorsement to provide greatercoverage without additional premium charge, v,.e will automatically provide the additional coverage to all endorsement holders as of the day therevision is effective in your state. CL CA 01 49 07 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page5of5 Thi� page has been left blank intentionally. COMMERCIAL UMBRELLA CL CU 24 70 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AD DITIONAL INSURED -PRIMARY NON CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph 5. Other Insurance of SECTION IV -CONDITIONS. COMMERCIAL LIABI LITY UMBREL LA COVERAGE FORM is replaced with the following: 5.Other Insurance a.This insurance is excess over. and shall n ot contribute with any of th e other insurance, wh ether primary , excess, contingent or on any other basis except as shown under 5.c. below. This conditi on will not apply to insurance specifically written as excess over this Coverage Part. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against an y "suit" if any other insurer has a duty to defend the insured aga inst that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. b.When this insurance is excess over other insurance, we will pay only our share of the "ultimate net loss" that exceeds the sum of: (1)The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2)The total of all deductible and self-insured amounts under all that other insurance. c.The insurance is excess of all other insurance available to an additional insured whether on a primary, excess, contingent or any other basis. But if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to, and will not seek contribution from, any insurance on which the additional insured is a Named Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. CL CU 24 70 09 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1 COMMERCIAL LIABILITY UMBRELLA CL CU 24 74 09 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Transfer Of Rights Recovery Against Others To Us Section IV • Conditions we CL CU 24 74 09 13 Page 1 of 1