2022/02/14 Leighton Consulting, Inc. (36)page2 of 79
Cllent#:1257049 3OSLEIGHGHO
McGrlll lnsurance Sorvlces
130 Thoory Ste 2OO
lrvlne, CA 92617
714 941-2800
IN6UFED
Lelghton consuhing lnc
'17781 Cowan
lrvlne, CA 92614
COVEFAGES
CEBTIFICATE HOLDER
(A/C No. Er)!ffit." certscloucGrifl.com
tNsuBER(5) AFFOnDING COVE6AGE
rNsuFEn a , Loxlngton lnaurancc company
rNsuBER B Travalcrs Proparty Ca3ualty Co of Amcr
rNsuFEF c TravclGrs lndcmnlty Co ol CT
't 9437
25674
256A2
CERTIFICATE NUMBEB
CANCELLATION
City ol Menlfee
29844 Haun Boad
Menilee, cA 92590
SHOULOANY OF THE ABoVE DESCFIBED POLICIES BE CAXCELLED BEFOBE
THE EXPIBATION OATE THEBEOF, NOTICE WILL gE DELIVEFED IN
ACCOBOANCE wlTH THE POLICY PBOVISIONS.
AUTHOFAEO FEPiESEIITAIIVE
I*ar- c..---q"^y
1?,1912022
THIS CEBTIFICATE tS ISSUED AS A i'ATTEB OF INFOBMATION ONLY AND CONFEBS NO BIGHTS UPON THE CERTIFICATE IIOLDEB, TTIIS
CEHTIFICATE DOES NOT AFFIBMATIVELY OR NEGATIVELY AMENO, EXTENO OB ALTEB THE COVERAGE AFFOFOEO BY THE POLICIES
BELOW. THIS CEBTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTBACT BETWEEN THE ISSUING INSUHEB(S). AUTHORIZEO
BEPRESENTATIVE OR PFOOUCEB. AND THE CEBTIFICATE HOLOEB.
IMPOBTANT: I th. certllicate holdqr is an AODTTIONAL INSUBEO. the policy(l.s) must have ADOITIONAL INSUFEO provlrlona or bc endorood.
SUBnOGATION lS WAIVED, oublact to th. termr and condltlons ol the pollcy, c.rtrln p0llcla! may rcqulre an endoBamant. A rlltement on
lhis certltlcate doas not conler any.lghts to th€ cottificrte holder in liou ot such cndoraoment(6)
THIS IS TO CEBTIFY IHAT THE POLICIES OF INSURANCE LTSTEO BELOW HAVE SEEN ISSUEO TOTHE INSUBED NAMEOABOVE FON THE POLICY PEFIOO
INDICATED. NOTV,/ITHSTANDING AM/ BEOUIBEMEM TERM OF CONDIIION OF AT{I CONTRACT OB OTHEN DOCUMENT WIIH B€SPECT TO WHICH THIS
CEBTIFICATE MAY BE ISSUEO OR MAY PENTAIN, THE INSUBANCE AFFOBOEO SY THE POUCIES DESCBISED HEREIN IS SUBJECT TO ALL THE-TEBMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMTTS SHOWN MAY HAVE BEEN BEDUCED BY PAID CLAIMS,
[{sfi
A
,rr. o,n"u"on". i?"+t&Jl poLrc! r{uMBEs
coMMERCTAt GEXEFAL LAAILIY 065463440
crn,vs.,',|Aor X occL, n
PoLrcY EFi PoUcY ExP(llli/uoD/vYYY) (MWoO/YYYY]LIMITS
x b2h4l2oz2 I 1/ol /2022 EACN occuBAENcE
BAy,itt;?E:*;j.o-."
MED rXolAn,'01'p'Eo1)
5 r ,000,000
:50,000
' Excluded
s 1 ,O0O,OO0
r 2,OOO,OO0
:2,000,0@
:5,000,@o
., r .000,000
X BI/PD Ded:$25,000
GEN'L AGGREGATE LIMIT APPLIES PEF
]"o."" Il 583; E.o"
I qrtl-
AUTOMOBILE LIABILIIY
aEq9qr4L qjqv-llluaY
r6ll1E!a! acolqq4lE
PF@UCTS. COt P/OP AOG
overall Policy
8A3R70S4312243G
eneral Aggrogate
412022 r r rm r2o22 lSllltI,Rus'YE l'"''
BODILY NJUFYIPeT Pe6on)
BOOILY NJUFY (P., &cd.nl,
PBOPEBTY OAMAGE
x
x NIFEO x
SCHEOULEO
NON.OWNED rPr r@datl
+
41 2A2. I 1 1 I tWAZI EAGH occu FFENCE,i-
IA@REGATE
lsltFrl!
lrg,oo.mo
1s9,0(D,000It
A x X occun 006546318
EXCESS LIAB
0€0 X nrrrrr ol s$1 0,000
u/oFxEFs cocPENsallofi
ANO EMPLOYEFS' LIAEILITY
ANY P EOP RIFTOF/PARTN E R/E XECUTlV 'OFF]CFfu MEMAER EXCLUOEO'
alFscFrPTroN oF oPEFAlrors b.los
Prol/Pollutn Llab
Clalms Mado
u81 R5099812243G t2022 0910112023 X STATUII
E L €acH AccroENr s'l,0O0,0O0
EL orsEAsE EAEMPLoYEE !1.Om,OOo
E L orsEAsE . Por cY L Mrr s1,O0O,OO0
412022 0211412023 $2,q)0,0m Per Clalm
94,0O0,000 Aggregalo
N /A
013001524
$100 000 Ded.
oEscFtpTtoN oF op€naTtot{s /t-ocATroNs /vEHlcLEs (acoRo ror, Addftlon.l F.B!rk. 6ch.dule. mlyb. !11..h.d ll moE.p.c.l. requt.d)
NOTE THE ABOVE CAPTIONED GENEHAL LIABILITY, AUTO LIABILITY AND UMBHELLA LIABILITY POLICIES WERE CANCELLED
EFFECTIVE 1.I/1/2022. MCGBIFF IS NO LONGER THE INSURANCE BROKER ON THE OTHER COVERAGES DISPLAYED OI'I THIS
CERTIFICATE AS OF 111112022. PLEASE CONTACT LEIGHTON DIRECT (NIXHILA SRIRANGPATNA .
srirangpatna@leightongroup.com) FOH A CUHRENT CERTIFICATE OF INSURANCE. THIS CEFTIFICATES REPLACES AND
SUPERSEDESANY PREVIOUSLY ISSUED CEBTIFICATE.
(See Attached Descriptions)
4336
ACOFD 2s (2016103) 1 ol2
#s31227il11M31204247
O 198&20t 5 ACOBD COFPOFATION, All righh r.aerv€d.
Tha ACORD nama arid logo ara raglslerrd m.rk! ol ACOBO
SY.I
sHryI
ffiffi
ACORD, CERTIFICATE OF LIABILITY INSURANCE
REVISION NUMBER:
page 3 of 79FHl}ffi
DESCRIPTIONS (Continued from Page 1)
Cerlilicato is subject to policy limlts, condltlons snd exclusions
RE: Contracl Agresment: Proisct #11051.014; Prole€t Namei CIP 22-20&21 Sun Clty & Lazy Creek Communlty
Pedestrlan; Locatlon: Menltee; Geotechnlcal Conslructlon Ssrvicog
Certllicat6 Holders namo 13 amsnded to lnclude: Clty ol
Menlleo and hs oftlcers, gmployess, agenls, and authortsod volunto€rs sre lnqludod as €ddltlonal lnsured
as rospecls lo ceneral Llability and Commarcial Aulo coverages as requlrod by wrltten Conlract. General
Llablllty 8nd Auto Llablllty coverages are prlmsry and noncor rlbutory 8s Iequlred by wrltten contract,
Walver ot Subrogatlon is includsd whh rospect Genoral Liabillty, Aufo Lhblltty, Workers Compensation as
roquired by writ|en contract. umbr6lla Llablltty ls lollow torm subjecl to pollcy torms, t6rms, condhions,
exclusians and ondorsements. gGDay Nollce ol cancallatlon, Excopt for lGDays lor Nonpaymsnt ol Promium
applies to Gensral Llablltty as roqulred by written contracl.
433 t
SAGITTA 2s.s (201d031 2 ol2
*s312275/11M31204 7
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 lhe words 'you" and "your"
refer to lhe Named lnsured shown in the Declarations.
The words "we", "us" and "our' refer to the company
providing this insurance.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V -
Def nilions.
L6ighton Consulting lnc
8A3R70843122441G
BUSINESS AUTO COVERAGE FORM
COMMERCIAL AUTO
ca 00 01 1013
SECTION I - COVERED AUTOS
Item Two of the Declarations shows the "autos" that
are covered 'autos" for each of your coverages. The
following numerical symbols describe the "autos" that
may be covered "autos". The symbols entered nexl to
a coverage on the Declarations designate the only
"autos" that are covered "autos".
A. Descriptlon Of Covered Auto Deslgnation
Symbols
Symbol Descriptlon Of Covered Auto Desig nation Symbols
1
2 Owned "Autos"
Only
Only those "autos' you own (and for Covered Autos Liability Covetage any
"trailers" you don't own while altached to power units you own). This includes
those "autos" you acquire ownership of after the policy begins
Owned Private
Passenger
"Autos" Only
Only the private passenger "aulos" you own. This includes lhose private
passenger "aulos' you acquire ownership of afler the policy begans.
4 Owned
"Autos" Other
Than Private
Passenger
"Autos'Only
Only those "autos' you own that are not of the private passenger type (and for
Covered Autos Liability Coverage any "trailers'you don't own while attached to
power units you own). This includes those'autos" not of the private passenger
type you acquire ownership of afler the policy begins.
5 Owned "Autos"
Subject To
Nojault
Only those "autos'you own that are required to have nojault benefits in the state
where they are licensed or principally garaged. This includes those "autos'you
acquire ownership of afler the policy begins provided they are required to have no-
fault benetits in the state where they are licensed or principally garaged.
6 Owned "Autos"
Subject To A
compulsory
Uninsured
Motorists Law
Only those 'autos' you own that because of the law in the state where they are
licensed or principally garaged are required to have and cannot reJect Uninsured
Motorists Coverage. This includes those "aulos" you acquire ownership of after the
policy begins provided they are subject to the same state uninsured molorists
requirement.
7 Specifically
Described
"Autos"
Only those "autos" described in ltem Three of the Declaralions for which a
premium charge is shown (and for Covered Autos Liabilily Coverage any "trailers'
you don't own while attached to any power unit described in ltem Three)
8 Hired "Autos"
Only
Only those'autos" you lease, hire, rent or borrow. This does not include any "auto'
you lease, hire, rent or borrow from any of your 'employees", partners (it you are a
partnership), members (if you are a limited liability company) or members of lheir
households.
I Non-owned
"Autos" Only
Only those "autos" you do not own, lease, hire, rent or borrow that are used in
connection with your business. This includes "autos" owned by your 'employees",
partners (if you are a partnership), members (if you are a limited liability company)
or members of their households but only while used in your business or your
personal affairs
433IJ
ca 00 01 '1013 O lnsurance Services Office, lnc., 20'11 Pag6 1of12
SP.itffi pagB 4 of 79
HEE?*
mf#
B. Owned Autos You Acqulre After The Policy
Beglns
l. lf Symbols 1,2,3, 4,5, 6 or 19 are entered
next to a coverage in ltem Two of the
Oeclaralions, then you have coverage for
"autos" that you acquire ol the type described
for the remainder of the policy period.
2. But, if Symbol 7 is entered next to a coverage
in ltem Two of the Declarations, an "auto" you
acquire will be a covered 'auto. for that
coverage only if:
a. We already cover all "autos" that you own
for that coverage or it replaces an "auto.you previously owned that had that
coverage: and
b. You tell us within 30 days afier you acquire
it that you want us to cover it for that
coverage.
c. Certaln Trall6rs, Moblle Equlpment And
Tamporary SubEtltute Autos
lf Covered Autos Liability Coverage is provrded by
this Coverage Form, lhe following types of
vehicles are also covered "autos" for Covered
Autos Liability Coverage:
1. "Trailers' with a load capacity of 2,000 pounds
or less designed primarily for travel on public
roads.
2. "Mobile equipment" while being carried or
towed by a covered "auto".
3. Any'auto" you do not own while used with the
permission of its owner as a temPorary
substitute for a covered 'auto" you own that is
oul of service because of its;
. Breakdown:
Repair;
Servicing;
"Loss": or
Destruction
page 5 of 79
SECTION II- COVERED AUTOS LIABILITY
COVERAGE
A. Coverage
We will pay all sums an "insured" legally must pay
as damages because of "bodily injury' or "pfoperty
damage" to which this insurance applies, caused
by an'accident" and resulting from the ownership,
mainlenance or use of a covered .auto".
We will also pay all sums an "insured" legally must
pay as a "covered pollution cost or expense" to
which this insurance applies, caused by an
'accident" and resulting from the ownership,
maintenance or use of covered 'autos". However.
we will only pay for the "covered pollution cost or
expense' if there is elther "bodily inJUry" or
"property damage" to which thrs insurance applies
that is caused by the same "accident".
We have the right and duty to defend any
'insured' against a "suit' asking for such damages
or a 'covered pollution cost or expense". However,
we have no duty to defend any "insured' against a
"suit" seeking damages for 'bodily injury' or
"property damage'or a "covered pollution cost or
expense" to which this insurance does not apply.
We may investigate and settle any claim or "suit"
as we consider appropriate. Our duty to defend or
settle ends when the Covered Autos Liability
Coverage Limit of lnsurance has been exhausted
by payment of judgments or settlements.
1. Who ls An lnsured
The following are "insureds":
a. You for any covered "auto'.
b. Anyone else while using with your
permission a covered "auto" you own, hire
or borrow except:
(1) The owner or anyone else from whom
you hire or borrow a covered "auto".
This exception does not apply if the
covered "auto" is a "trailer" connecled to
a covered "auto" you own.
a
b
c
d
e
t9 Mobile
Equipment
Su bject To
Compulsory Or
Financial
Responsibility
Or Other Motor
Vehicle
lnsurance Law
Only
Only those "autos' that are land vehicles and that would qualiry under the dellnjtion
of "mobile equipment' under thrs policy if they were not subject to a compulsory or
financial responsibility law or other motor vehtcle insurance law where lhey are
lrcensed or principally garaged.
4339
Page 2 ol 12 @ lnsurance Services Oftice, lnc., 2011 cA 00 01 1013
ffi4.8Eiit li.l
(2) Your "employee" if the covered'aulo" is
owned by that 'employee" or a member
of his or her household.
(3) Someone using a covered "aulo" while
he or she is working in a business of
selling, servicing, repairing, parking or
storing "aulos" unless that business is
yours.
(4) Anyone other than yorr 'employees",
partners (if you are a parlnership),
members (if you are a limiled liability
company) or a lessee or borrower or
any of their 'employees", while moving
property to or from a covered "auto".
(5) A partner (if you are a partnership) or a
member (if you are a limited liability
company) for a covered 'auto" owned by
him or her or a member of his or her
household.
c. Anyone liable for the conduct of an
"insured" described above but only to the
extent of that liability.
2. coverage Extenalona
a. Supplemsntary Payments
We will pay for the "insured":
(1) All expenses we incur.
(2) Up to $2,000 for cost of bail bonds
(including bonds for related traffic law
violations) required because of an
"accident" we cover. we do not have to
furnish these bonds.
(3) The cost of bonds to release
attachments in any "suit" against the
"insured" we defend, but only for bond
amounts within our Limit of lnsurance.
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $250 a day
because of time off from work.
(5) All court costs laxed against the
"insured" rn any "suit" against the
"insured" we defend. However, these
payments do not include attorneys'fees
or attorneys' expenses taxed against the
"insured".
(6) All interest on the full amount of any
judgment that accrues after entry of the
judgment in any 'suit" against the
"insured" we defend, but our duty to pay
interest ends when we have paid,
offered to pay or deposited in court the
part of the judgment that is within our
Limit of lnsurance.
page 6 o' 79
These payments will not reduce the Limit of
lnsurance.
b. out.of-stateCoverageExtenslons
Vvhile a covered "auto' is away from the
state where it is licensed, we will:
(1) lncrease the Limit of lnsurance for
Covered Autos Liability Coverage tomeet the limits specified by a
compulsory or financial responsibility
law of the jurisdiction where the covered"auto" is being used. This extension
does not apply to lhe limil or limits
specified by any law governing motor
carriers of passengers or property.
(2) Provide the minimum amounts and
types of other coverages, such as no-
fault, required of oul-of-state vehicles by
the jurisdiction where the covered "auto"
is being used.
We will not pay anyone more than once for
the same elements of loss because of
these extensions.
B. Excluslons
This insurance does not apply to any of the
following:
'l. Expected Or lntondEd lnlury
"Bodily injury" or "property damage" expectedor intended from the standpoint of the
"insured'.
2. Contractual
Liability assumed under any conlract or
agreement.
But this exclusion does not apply to liability for
damages:
a. Assumed in a contract or agreement that is
an "insured contract", provided the "bodily
injury" or "property damage" occurs
subsequent to the execution of the contracl
or agreement; or
b. That the "insured" would have in the
absence of the contracl or agreement.
3. Workers' Compensation
Any obligation for which the "insured" or the
"insured's" insurer may be held liable under
any workers' compensation, disability benettscr unemployment compensation law or any
similar law.
434t)
c40001 1013 O lnsurance Services Offlce, lnc., 2011 Page 3 of 12
hif*tI{?i..i
4. Employee lndsmnificatlon And Employsfs
Llablllty
"Bodily injury" to:
a. An "employee. of the "insured" arising out
oI and in the course of;
(l) Employment by the "insured";or
(2) Performing the duties related to the
conduct of the "insured's' business; or
b. The spouse, child, parent, blother or srster
of that "employee" as a consequence of
Paragraph a. above.
This exclusion applies:
(l) Vvhether the'insured' may be liable as
an employer or rn any other capacity;
and
(2) To any obligation to share damages with
or repay someone else who must pay
damages because of the rnlury.
But this exclusion does not apply lo 'bodily
injury" to domestic "employees" not entitled to
workers' compensation benefits or to liability
assumed by lhe "insured" under an "insured
contract". For the purposes ot the Coverage
Form, a domeslic "employee" is a person
engaged in household or domestic work
performed principally in connection with a
residence premises.
5. Fellow Employee
"Bodily injury" to:
a. Any fellow 'employee" of the "insured"
arising out of and in the course of the fellow
"employee's" employment ot while
performing duties related to the conduct of
your business; or
b. The spouse, child. parent, brother or sister
of that lellow "employee" as a consequence
of Paragraph a. above.
6. Care, Custody Or Control
"Property damage" to or "covered pollution costor expense" involving property owned or
transported by the "insured" or in the
"insured's" care, custody or control. But this
exclusion does not apply to liability assumed
under a sidetrack agreement.
7. Handllng o( Property
"Bodily injury" or "property damage" resulting
from the handling of property:
a. Before it is moved from the place where it is
accepted by the "insured" for movement
into or onto the covered "auto", or
page 7 of 79
b. Afrer it is moved from the covered "auto" to
the place where it is finally delivered by the
"insured".
8. Movsment Of Property By Mechanical
Devlce
'Bodjly in,ury" or "property damage" resulting
from the movement of property by a
mechanical device (olher than a hand truck)
unless the device is altached to the covered
"auto".
9. Operatlons
"Bodily injury' or "property damage" arising out
of the operalion of:
a. Any equipment listed in Paragraphs 6.b.
and 6.c. o{ the definition of 'mobile
equipment"; or
b. Machinery or equipment that is on, attached
to or part of a land vehicle that would
qualify under lhe delinition of "mobile
equipment" if it were not subject to a
compulsory or linancial responsibility law or
olher motor vehicle insurance law where it
is licensed or principally garaged.
10. Completed Operations
'Bodily injury' or "properly damage" arising outo, your work afler that work has been
comple{ed or abandoned.
ln this exclusion, your work means:
a. Work or operations performed by you or on
your behalf; and
b. Materials, parts or equipment furnished in
connection with such work or operations.
Your work includes warranties or
representations made at any time with respect
to the fitness, quality, durability or performance
of any of the items included in Paragraph a. or
b. above.
Your work will be deemed completed at the
earliest of the following times:
(1) When all of the work called for in your
contract has been completed;
(2) When all of the work to be done at the
site has been completed if your contract
calls for work at more lhan one site: or
(3) When that part of the work done at a job
site has been put to its intended use by
any person or organization other than
another conlractor or subcontractor
working on the same project.
434 r
Page 4 of l2 @ lnsurance Services Ofiice, lnc., 2011 cA00 0i I013
FW#E4*riEH{i$
Work that may need service, maintenance,
correction, repair or replacement, but which is
otherwise complete, will be treated as
comPleted.
1 l. Pollutlon
"Bodily injury" or "property damage" arising out
of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants":
a. That are, or that are contained in any
property that is:
(1) Being transported or towed by, handled
or handled for movement into. onto or
from the covered "auto';
(2) Otherwise in the course of transit by or
on behalf of the "insured": or
(3) Being stored, disposed of, treated or
processed in or upon the covered
"auto",
b. Before the "pollutants' or any properly in
which the "pollutants' are contained are
moved from the place where they are
accepted by the ''insured' for movement
into or onto the covered "auto"; or
c. After the 'pollutants" or any property in
which the "pollutants" are contained are
moved from the covered 'auto" to the place
where they are finally delivered, disposed of
or abandoned by lhe "insured".
Paragraph a. above does not apply to fuels,
lubricants, tluids, exhaust gases or other
similar "pollutants" that are needed for or result
from the normal electrical, hydraulic or
mechanical functioning of the covered 'auto" or
its parts if:
(1) The 'pollutants' escape, seep, migrate
or are discharged, dispersed or released
directly from an "auto' part designed by
its manufacturer to hold, store. receive
or dispose of such 'pollutants'; and
(2) The "bodily in1ury', "property damage" or
'covered pollution cost or expense"
does not arise out of the operation of
any equipment listed in ParagraPhs 6.b.
and 6.c. of the definition of 'mobile
equipment".
page 8 of 79
Paragraphs b. and c. above of this exclusion
do not apply to "accidents" that occur away
from premises owned by or rented to an
"insured" with respect to "pollutants" not in or
upon a covered "auto' if:
(a) The "pollutants" or any property in
which the "pollutants" are contained
are upset, overturned or damaged as
a result of the maintenance or use of
a covered "auto"i and
(b) The discharge, dispersal, seepage,
migration, release or escape of the
"pollutants" is caused directly by
such upset, overturn or damage.
12. Wat
"Bodily injury' or "property damage" arising
directly or indirectly out of:
a. War, including undeclared or civil war;
b. Warlike action by a military force, including
action in hindering or delending against an
actual or expected attack, by any
government, sovereign o[ other authorily
using military personnel or olher agents; or
c. lnsurrection, rebellion. revolution, usurped
power or action taken by governmental
authority in hindeing or defending against
any of these.
13. Raclng
Covered "autos'while used in any protessional
or organized racing or demolition contest or
stunting activity, or while practicing for such
contest or activity. This insurance also does
not apply while that covered "auto" rs being
prepared for such a contest or activity.
. Limlt Of lnsuranca
Regardless of the number of covered "aulos",
"insureds", premiums paid, claims made or
vehicles involved in the "accident", the most we
will pay for the total of all damages and "covered
pollution cost or expense" combined resulting from
any one "accident" is the Limit Of lnsurance for
Covered Autos Liability Coverage shown in the
Oeclarations.
4v?
@ lnsurance Seryices Offlce, lnc., 2011 Page 5 of 12cA000t't013
lt:#t!Eig
ht*tt:
All "bodily injury". "property damage" and "covered
pollution cost or expense" resulting from
continuous or repeated exposure to substantially
the same conditions will be considered as
resulting from one 'accident'.
No one will be entitled to receive duplicate
payments for the same elements of'loss" under
this Coverage Form and any Medical Payments
Coverage endorsemenl, Uninsured Motorists
Coverage endorsement or Underinsured Motorists
Coverage endorsement attached to this Coverage
Part.
SECTION IX - PHYSICAL DAII||AGE COVERAGE
A. Coverage
'1. We will pay for 'loss' to a covered "auto" or ils
equipment under:
a. Comprohenslve Coverage
From any cause except:
(1) The covered 'auto's' collision wilh
another object; or
(2) The covered .auto's" overturn.
b. Spectfled Causes Of LoBs Coverage
Caused bY:
( l ) Fire, lightning or explosion;
(2) Thefl;
(3) Windstorm, hail or earthquake;
(4) Flood;
(5) Mischief or vandalism; or
(6) The sinking, burning, collision or
derailment of anY conveyance
transporting the covered "auto".
c. Colllslon Coverage
Caused by:
('l ) The covered "auto's" collision with
another object; or
(2) The covered 'auto's" overturn.
2. Towlng
We will pay up to the limit shown in the
Declarations for towing and labor cosls
incurred each time a covered "auto' of the
private passenger type is disabled. However,
the labor must be performed at the place of
disablement.
page I of 79
3. Glass Brsakage - Hltting A Blrd Or Animal -Falllng Oblocts Or lvllsslles
lf you carry Comprehensive Coverage for the
damaged covered "auto", we will pay for the
following under Comprehensive Coverage:
a. Glass breakage;
b. "Loss^ caused by hitting a bird or animall
and
c. "Loss" caused by falling objects or missiles.
However, you have the option of having glass
breakage caused by a covered "auto s"
collision or overturn considered a "loss" under
Collision Coverage.
4. Coverage Extgnaions
a. Transportatlon Expenses
We will pay up to $20 per day, to a
maximum of $600, for lemporary
transportation expense incurred by you
because of the total theft of a covered
"auto" of the private passenger type. We
will pay only for lhose covered "autos' Ior
which you carry either Comprehensive or
Specified Causes Of Loss Coverage. We
will pay for temporary transportation
expenses incurred during the period
beginning 48 hours afler the thefl and
ending, regardless of the policy's expiration,
when the covered "auto" is returned to use
or we pay for its "loss".
b. Lo6s of Use Expenses
For Hired Auto Physical Damage, we wall
pay expenses for which an "insured"
becomes legally responsible to pay for loss
of use of a vehicle renled or hired without a
driver under a written rental contract or
agreement. We will pay for loss of use
expenses if caused by:
(1) Other than collision only if theDeclarations indicates that
Comprehensive Coverage is provided
for any covered "auto";
(2) Specified Causes of Loss only if the
Declarations indicates that Specifed
Causes Of Loss Coverage is provided
for any covered "auto"; or
41143
Page 6 of '12 @ lnsurance Services Office, lnc., 2011 c4000't 1013
(3) Collision only if the Declarations
indicates that Collision Coverage is
provided tor any covered "auto".
However, the most we will pay for any
expenses for loss of use is $20 per day, to
a maximum of $600.
B. Excluslons
1. We will not pay for "loss'' caused by or resulting
from any of the following. Such 'loss" is
excluded regardless of any other cause or
event that contributes concurrently or in any
sequence lo the "loss".
a. Nuclear Hazard
(1 ) The explosion of any weapon employing
atomic fission or fusion; or
(2) Nuclear reaction or radiation. or
radioactive conlamination, however
caused.
b. War Or Mllltary Actlon
('l ) War, including undeclared or civil war;
(2) Warlike action by a military force,
including action in hindering or
defending against an actual or expecled
attack, by any government, sovereign or
other authority using military personnel
or other agents; or
(3)lnsurrection, rebellion, revolution,
usurped power or aclion taken by
governmental authority in hindering or
defending against any of these.
2. We will not pay for'loss'to any covered "aulo"
while used in any professional or organized
racing or demolition contest or stunting activity,
or while practicing for such contesl or activity.
We will also not pay for "loss" to any covered"auto' while lhat covered "auto' is being
prepared for such a conlest or activily.
3. We will not pay for 'loss' due and confined to:
a. Wear and tear, freezing, mechanical or
electrical breakdown.
b. Blowouts, punctures or other road damage
to tires.
This exclusion does not apply to such "loss"
resulting from the total thefr of a covered
"aulo".
4. We will not pay for "loss" to any of the
following:
a. Tapes, records, discs or other similar audio,
visual or data electronic devices designed
for use with audio, visual or dala electronic
equipment.
pag€ 10 of 79
b. Any device designed or used to detect
speed-measuring equrpment, such as radaror laser detectors, and any lammingapparalus intended to elude or disrupt
spe€d-measuring equipment.
c. Any electronic equipment, without regard to
whether this equipment is permanently
rnstalled. that reproduces, recerves or
transmits audio, visual or data signals.
d. Any accessories used with lhe electronic
equipment described in Paragraph c.
above.
5. Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely by
use of the power from the "auto's" electrical
system that, a( the time of "loss", is:
a. Permanently inslalled in or upon the
covered "auto':
b. Removable from a housing unit which is
permanently installed in or upon the
covered "auto";
c. An integral part of the same unil housing
any electronic equipment descflbed in
Paragraphs a. and b. above; or
d. Necessary for the normal operation of the
covered "auto" or the monitorang of the
covered "auto's" operating system.
6. We will not pay for "loss'to a covered "auto"
due to "diminution in value".
C. Llmlts Of lnsurance
'1. The most we will pay for:
a. "Loss" to any one covered "auto" is the
lesser of:
(1) The actual cash value of the damaged
or stolen property as of the time of the-loss": or
(2) The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality.
b. All electronic equipment that reproduces,
receives or lransmits audio, visual or data
signals in any one 'loss" is $1,000, if. at the
time of "loss", such electronic equapment is:
('l ) Permanently installed in or upon the
covered "auto" in a housrng, opening or
other location that is not normally used
by the 'auto" manufaclurer for the
installation of such equipment;
4341
cA 00 01 10 13 O lnsurance Services Ofrice, lnc., 201 1 Pago 7 ot 12
F#tffi
Biilc#
tut#
(2) Removable from a permanently installed
housing unit as described in Paragraph
b.(l ) above; or
(3) An integral part ot such equipment as
described in Paragraphs b.(1) and b.(2)
above.
2. An adjustment for depreciation and physical
condition will be made in determlnlng actual
cash value in the event of a total "loss'.
3. lt a repair or replacement results in betler than
like kind or quality, we will not pay for the
amount of the betlerment.
D. Doductlble
For each covered "aulo", our obligation to pay for,
repair, return or replace damaged or slolen
property will be reduced by the applicable
deductible shown in the Declarations. Any
Comprehensive Coverage deductible shown in the
Declarations does not apply to'loss" caused by
fire or lightning.
SECTION IV - BUSINESS AUTO CONDITIONS
The following conditions apply in addition to the
Common Policy Conditions:
A. Loas Condltlons
l. Appralsal For Physlcal Damage Loss
lf you and we disagree on lhe amount of "loss',
either may dernand an appraisal of the "loss".
ln this event, each party will select a competent
appraiser. The two appraisers will select a
competent and impartial umpire. The
appraisers will state separately the actual cash
value and amounl of "loss'. lf they fail to agree,
they will submit their differences to the umpire.A deosion agreed to by any two will be
binding. Each party will:
a. Pay its chosen apPraiser; and
b. Eear the olher expenses of the appraisal
and umPire equallY.
lf we submit to an appraisal, we will still retain
our right to deny the claim.
2. Dutles ln The Evant Of Accident, Clalm, Sult
Or Losa
We have no duty to provide coverage under
this policy unless there has been tull
compliance with the following duties:
a. ln the event of "accident", claim, "suit" or
"loss", you must give us or our authorized
representative prompt notice of the
"accident" or "loss". lnclude:
(1) How, when and where the "accident" or
"loss'occurred,
page 11 of 79
(2) The "insured's" name and address; and
(3) To the extent possible, the names and
addresses of any injured persons and
witnesses-
b. Additionally, you and any other involved
"insured" must:
(1) Assume no obligation, make no
payment or incur no expense without
our consent, except at lhe "insured's"
own cost.
(2) lmmediately send us copies of any
request, demand, order, notice,
summons or legal paper received
concerning the claim or "suit'.
(3) Co@erate with us in the investigation or
settlement of the claim or defense
against the "suit".
(4) Authorize us to obtain medical records
or other pertinenl information.
(5) Submit to examinalion, at our expense,
by physicians of our choice, as often as
we reasonably require.
c. lf there is 'loss" to a covered "auto" or its
equipment, you must also do the following:
(l ) Promptly notity the police if the covered
'auto" or any of its equipment is stolen.
(2) Take all reasonable steps to protect the
covered 'auto" from further damage.
Also keep a record of your expenses for
consideration in the settlement of the
claim.
(3) Permit us to inspect the covered 'auto"
and records proving the'loss" before its
repair or disposition.
(4) Agree to examinations under oath al our
request and give us a signed statement
of your answers.
3. Legal Actlon Agaln8t Us
No one may bring a legal action against us
under this Coverage Form untll:
a. There has been full compliance with all the
terms of this Coverage Form; and
b. Under Covered Autos Liability Coverage,
we agree in writing that the "insured" has an
obligation to pay or until the amount of that
obligation has finally been determined by
Judgment afler trial. No one has the right
under this policy to bring us into an action
to determine the "insured's" liability.
4,r45
Page I of 12 @ lnsurance Services Offlce, lnc., 201 1 cA0001 10't3
ffisffi
4. Loss Payment - Physical Damage
Coverages
At our option. we may:
a. Pay for, repair or replace damaged or
stolen property;
b. Return the stolen property, at our expense.
We will pay for any damage that results to
the "auto" from the theftj or
c. Take all or any part of the damaged or
slolen property at an agreed or appraised
value.
lf we pay for the "loss", our payment will
include the applicabie sales tax for the
damaged or stolen property.
5. Transfer Of Rlghts Of Recovery Agalnst
Others To Us
lf any person or organization to or for whom we
make payment under this Coverage Form has
rights to recover damages from another, those
dghts are transferred to us. That person or
organization must do everything necessary to
secure our rights and must do nothing after
"accident" or "loss" to impaar them.
B. General Conditions
1. Bankruptcy
Bankruptcy or insolvency of the "insured" or the
"insured's" estate will not relieve us of any
obligations under lhis Coverage Form.
2, Conccalment, Mlsreprssentation Or Fraud
This Coverage Form is void in any case of
fraud by you at any time as it relates to this
Coverage Form. lt is also void if you or any
other "insured", at any time, intentionally
conceals or misrepresents a material fact
concerning:
a. This Coverage Form;
b. The covered "auto';
c. Your interest in the covered "auto":or
d. A claim underthis Coverage Form.
3. Llberallzation
lf we revise this Coverage Form to provide
more coverage without addational premium
charge, your policy will automatically provide
the additional coverage as o, the day the
revision is effective in your state.
4. No Benoflt To Ballee - Physlcal Damage
C overages
We will not recognize any assjgnment or grant
any coverage for the benellt of any person or
organization holding, storing or transporting
property for a fee regardless of any other
provision of this Coverage Form.
page 12 of 79
5. Other lnsurance
a. For any covered "auto" you own, thisCoverage Form provides primary
insurance. For any covered "auto" you don'town, the insurance provided by this
Coverage Form is excess over any other
collectible insurance. However, while a
covered "auto'' which is a "trailer" is
connected to another vehicle, the CoveredAutos Liability Coverage this Coverage
Form provides for the'trailer" is:
(1) Excess while it is connected to a motor
vehicle you do not own; or
(2) Primary while it is connected to a
covered "auto" you own.
b. For Hired Auto Physical Damage Coverage,
any covered "auto" you lease, hire, rent or
borrow is deemed to be a covered "auto"
you own. However, any "auto" that is
leased, hired, rented or borrowed with a
driver is not a covered "auto".
c. Regardless of the provisions of Paragraph
a. above, this Coverage Form's Covered
Autos Liability Coverage is primary for any
liability assumed under an "insured
contract".
d. When this Coverage Form and any other
Coverage Form or policy covers on the
same basis. either excess or pnmary, we
will pay only our share. Our share is the
proportion that the Limit of lnsurance of our
Coverage Form bears to the total of the
limits of all the Coverage Forms and
policies covering on the same basis.
6. Premium Audlt
a. The estimated premium for this Coverage
Form is based on the exposures you told us
you would have when this policy began. We
will compute the final premium due when
we determine your actual exposures. The
estimated total premium will be credited
against the final premium due and the first
Named lnsured will be billed for lhe
balance, if any. The due date for the fnal
premium or retrospective premium is the
date shown as the due date on the bill. lf
the estimated lotal premium exceeds the
final premium due, the lirst Named lnsured
will get a refund.
b. lf this policy is issued for more than one
year, the premium for this Coverage Form
will be computed annually based on our
rates or premiums in effect at the beginning
of each year of the policy.
4346
O lnsurance Services Office, lnc., 201 1 Pag€9of12cA 00 01 '1013
ti..+,fiffirlir
7. Pollcy Perlod, Covorage Terrltory
Under this Coverage Form, we cover
"accrdents" and "losses" occurfl ng:
a. During the policy period shown in the
Declarations; and
b. Within the coverage territory.
The coverage terrrtory is:
(1 ) The United States of America;
(2) The territories and possessions of the
United States of America:
(3) Puerto Rico;
(4) Canada: and
(5) Anywhere in the world if a covered
"auto' oI the private passenger type is
leased, hired, rented or borrowed
without a driver for a period of 30 days
or less,
provided that the 'insured's" responsibilily to
pay damages is determined in a "suit" on the
merits, in the United States of America, the
terrilories and possessions of the United States
of America. Puerto Rico or Canada, or in a
seltlement we agree to.
We also cover "loss" to. or "accidents"
involving, a covered "auto" while being
transported between any of these places.
8. Two Or More Coverage Forma Or Pollcies
lssued By Us
lf this Coverage Form and any olher Coverage
Form or policy issued to you by us or any
company affiliated with us applies to the same
"accident', the aggregate maximum Limit of
lnsurance under all the Coverage Forms or
policies shall nol exceed the highest applicable
Limit of lnsurance under any one Coverage
Form or policy. This condition does not apply to
any Coverage Form or policy issued by us or
an affiliated company specifically to apply as
excess insurance over this Coverage Form.
SECTION V - DEFINITIONS
A. "Accident" includes continuous or repeated
exposure lo the same conditions resulting in
'bodily injury' or 'property damage'.
B. -Auto" means:
1. A land motor vehicle, "trailer" or semitrailer
designed for travel on public roads: or
page 13 of 79
2. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it is
licensed or principally garaged.
However, "auto" does not include 'mobile
equipment".
C. "Bodily injury" means bodily inJury, sickness or
disease sustained by a person, including death
resulting from any of these.
D. "Covered pollution cost or expense" means any
cost or expense arising out of:
1. Any request, demand, order or statutory or
regulatory requirement that any "insured" or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in any
way respond to, or assess the effects of,
"pollutants"; or
2. Any claim or "suit' by or on behalf of a
governmental authority for damages becauseof testing for, monitoring, cleaning up,
removing, containing, treating, detoxifying or
neutralizing, or in any way responding to, or
assessing lhe effects of, "pollutants".
'Covered pollution cost or expense" does not
include any cost or expense arising out of the
actual, alleged or threatened discharge, dispersal,
seepage, migralion, release or escape of
"pollutants":
a. That are, or that are contained in any
property that is:
(l) Being transported or towed by. handled
or handled for movemenl into, onto or
from the covered "auto":
(2) Olherwise in the course of transit by or
on behalf of the "insured"; or
(3) Being stored, disposed of, treated or
processed in or upon the covered
"auto';
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
moved from the place where they are
accepted by lhe "insured' for movement
into or onto the covered "auto";or
c. Afler the 'pollutants' or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the place
where they are fnally delivered, disposed of
or abandoned by the "insured".
4Ut
Page10of12 @ lnsurance Services Offlce, lnc., 2011 cA 00 01 10 't3
Paragraph a. above does not apply to fuels,
lubricants, fluids, exhaust gases or other
similar "pollutants" that are needed for or result
from the normal electrical, hydraulic or
mechanical functioning of the covered 'auto" or
its parts, if:
(1) The'pollutants" escape, seep, migrate
or are discharged, dispersed or released
directly from an "auto" part designed by
its manufaclurer to hold, store, receive
or dispose of such "pollutants'; and
(2) The "bodily injury", "properly damage" or
"covered pollution cost or expense"
does not arise out of the operation of
any equipment listed in Paragraph 6.b.or 6.c. of the definition of 'mobile
equrpment".
Paragraphs b. and c. above do not apply to
"accidents" that occur away from premises
owned by or rented to an "insured" with respect
to "pollutanls' not in or upon a covered "auto"
if:
(a) The "pollutants" or any property in
which the "pollutants" are conlained
are upset, overturned or damaged as
a result of the maintenance or use of
a covered "auto", and
(b) The discharge, dispersal, seepage,
migration, release or escape of the
"pollutants" is caused directly by
such upset, overturn or damage.
E. "Diminution in value" means the actual or
perceived loss in market value or resale value
which resulls from a direct and accidentai 'loss".
F. "Employee" includes a "leased worker".
"Employee" does nol include a "temporary
worker".
G. "lnsured" means any person or organization
qualifying as an insured in the Who ls An lnsured
provision of the applicable coverage. Except with
respect to the Limit of lnsurance, the coverage
afforded applies separately to each insured who is
seeking coverage or against whom a claim or
"suit" is brought.
H. "lnsured contract" means:
'l . A lease of premises:
2. A sidetrack agreement;
3. Any easement or license agreement, except in
connection with construction or demolilion
operations on or within 50 feet of a railroad:
4. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with work for a municipality;
page 14 of 79
5. That part of any other contract or agreement
pertaining to your business (including an
indemnifcation of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another to
pay for "bodily injury" or'property damage' to a
third party or organization. Tort liability means
a liability that would be imposed by law in the
absence of any contract or agreernent; or
6. That part of any contract or agreement entered
into, as part of your business, pertaining to the
rental or lease, by you or any of your
"employees", of any "aulo". However, such
contract or agreement shall not be considered
an "insured contract" to the extent that it
obligates you or any of your .employees' to
pay for "property damage' to any "auto" renled
or leased by you or any of your "employees'.
An "insured contract" does not include that pari of
any contract or agreemenl:
a. That indemnifies a railroad for'bodily injury'or "property damage' arising out of
construction or demolition operations, wathin50 feet of any railroad property and
affecting any railroad bridge or lrestle,
tracks, roadbeds, tunnel, underpass or
crossing;
b. That pertains lo the loan, lease or rental ofan 'auto' to you or any of your
"employees", if the'auto' is loaned, leased
or rented with a driver; or
c. That holds a person or organization
engaged in the business of transporling
property by "auto' for hire harmless for your
use of a covered "auto" over a route or
territory that person or organization is
authorized to serve by public authority.
l. "Leased workef means a person leased to you by
a labor leasing firm under an agreemenl between
you and the labor leasing firm to perform duties
related to the conduct of your business. "Leased
worker" does not include a "temporary worker".
J. "Loss" means direct and accidenlal loss or
damage.
K. "Mobile equipment" means any of the lollowing
types of land vehicles, including any attached
machinery or equipment:
'1. Bulldozers, farm machinery, forklins and other
vehicles designed for use principally off public
roads;
2. Vehicles maintained for use solely on or next lo
premises you own or rent;
3. Vehicles that travel on crawler treads;
4348
ca 00 01 1013 @ lnsurance Services Office, lnc., 20'11 Paqe 'l l of 12
MJ
Hffi
H#-4tffi
4. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to
permanently mounled:
a. Power cranes, shovels, loaders, diggers or
drills; or
b. Road construclion or resurfacing equipment
such as graders, scrapers or rollers;
5. Vehicles not described in Paragraph 1., 2., 3.
or 4. above that are not self-propelled and are
maintained primarily to provrde mobility to
permanently attached equipment of the
following types:
a. Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exPloration, lighting
and well-servicing equipment; or
b. Cherry pickers and similar devices used to
raise or lower workers; or
6. Vehicles not described in Paragraph 1., 2., 3.
or 4. above maintained pdmarily for purposes
other than the transportation of persons or
cargo. However, seltpropelled vehicles with
the following types of permanently attached
equipment are not "mobile equipment" but will
be considered "autos":
a. Equipment designed primarily for:
(1) Snow removal;
(2) Road maintenance, but not construction
or resurfacing; or
(3) Street cleaning;
b. Cherry pickers and similar devices mounted
on automobile or truck chassis and used to
raise or lower workers; and
c. Air compressors, pumps and generators,
including spraying, welding, bu ilding
cleaning, geophysical exploration, lighting
or well-servrcing equipment.
page 15 of 79
Horr'vever, "mobile equipment" does not include
land vehicles that are subject to a compulsory or
financial responsibility law or other motor vehicle
insurance law where it is licensed or principally
garaged. Land vehicles subject to a compulsory or
tinancial responsibility law or other motor vehicle
insurance law are considered "autos".
L. "Pollutants" means any solid, liquid, gaseous or
thermal irritant or conlaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
M.'Property damage' means damage to or loss of
use of tangible property.
N. "Suil' means a civil proceeding in which:
1. Damages because of "bodily injury" or
"property damage"; or
2. A "covered pollution cosl or expense";
to which this insurance applies, are alleged.
'Suit" includes:
a. An arbilration proceeding in which such
damages or "covered pollution cosls or
expenses" are claimed and to which the
"insured" must submit or does submit wth
our consent: or
b. Any other alternative dispute resolulion
proceeding in which such damages or
"covered pollution costs or exPenses" are
claimed and to which the insured submits
with our consent.
O. "Temporary worke/' means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or short-
term workload conditions.
P. "Trailer" includessemitrailer.
4:i49
Pago 12 ol 12 @ lnsurance Services Ofllce, lnc., 2011 c40001 10't3
Fi#sffi pags 16 ol 79
ENDORSEMENT
o2t14t2(D2This endorsement. effective 12:01 AM
Forms a part of policy no.: 06463d4o
lssued to: Leighlon Consulling lnc
By: LEXINGTON INSURANCE COMPANY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS. COMPLETE D OPERATIONS
(Based on CG2037 04/ 13)
This endorsemcnt modifies insurance provided bv the tollowing:
COMMERCIAL GENERAL LIABILITY POLICY
SCHEDULE
N6me ol Additional lnsur6d Porson(s)
or Orga nization lsl
Location of Complot6d Operations
AS REOUIREO BY WRITTEN CONTRACT
lnlorm6tion reqrrired to complete lhis Schedule, il not shotMr above, \,ill bo shov,,n in the Declarations
A. Section ll - Who ls An lnsured is amendcd to inchJdc as an additional insured lhe porson(s) or
organizationls) shovln in the Schedule. hLrt only with .espect to li8bility for "bodily iniury", or
"property damage" caused, in \n/hole or in part, by "your v\,ork" at the location designated and
described in fie Schedule of this endorsemont performed for that addltionsl insr:red and inchrdcd in
lhe "products-comDleted operations haz6rd ".
l. The insurance affordcd to srrch sdditional inslrred only applios to the exont permined by law
and
2, lf coverage provided to the additional insrrrcd is roquired by a contract or agreement, tho
insrrrance attorded to such additional insrrrcd !\iill not be brosder than that \ahich you aro
.equired by the contract or agreement to provide Ior such addilionsl insrncd.
B. Vvlth respect to lhe insurance afforded to these additional insureds, lhe lollowing is added lo
Seclion lll - Limits Of lnsuranc6;
ll coverage providcd to lhe additional insrrred is requir€d by a contract or agreement, the most !,tt
will pay on bchalt ot the additional inslrred is lh6 Emount ol insurance:
LX4J',tS tOtt?141 lnclldos Copyrigltoci lnkrrmation ol ths lnsurance S€rvic€s
OfficBs, 1n.., with its p6rmb6ion. All Right8 Re!€rvsd.
4350
F"#"1+IEiitrtHIBT
page 17 ol 79
1, Roquired by the contract or agreement; or
2, Availahle under the applicable Limits ol lnsrrrance sho\r',tr in the Declarations;
v*richever is less.
This endorsemcnt shall not increase the applicable Limits of lnsrraance shown in thc Declarations
Al othcr tcrms and conditions ot the policy remain the same.
4351
Autho riz ed Repr€sentative
Includes Copyrighod lnhmation of th6 lnsurancs S€rvicss
Otfc€s, lnc., with its p6rmb6ion. All Rights R€serued.
FHf
Hi?,i?El.ri,P
page 18 of 79
Lsightoh Consulting lnc
POLICY NUMBER : 066463440 ENDORSEMENT COMMEBCIAL GENERAL LIABILITY
cG 20 10 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADD]IONAL II\ISI..RED - O\A[\ERS, LESSEES OR
MNIRACTORS - SCTEEI.'-ED PERSON OR
ORGATUZATION
This endorsement modifes insurance provided under the lollovr,ing
COMMERCIAL GENEBAL LIABILITY COVERAGE PART
SCHEDULE
Nams of Porson or Organization:
AS REQUIRED BY WRITTEN CONTRACT
(l{ no entry appears abo\€, inlormation required to complete this endorsement v\ill be shovtrr in the Declsrstions
as applicable to this endorsement.)
A. Section ll - Who ls An lnsurod is amended to
include as an insured the person or organization
shovtrl in d.re Schedule, but only \ ith respect to
liability arising out oI your ongoing operations
performed for that insured.
B. \Mh respect to tre insurance aflorded to these
additional insureds, the follov\ing exclusion is
added:
2 E xclusions
This insurance does not apply to "bodily in-
jury" or "property damage" occurring after:
{1) All uork, including materials, parts or
equipment furnished in connection vuth
such \ /ork, on the proiect (other than
service, mainbnance or repairs) to be
performed by or on behal, of the additional
insured(s) at the site of tre covered
operations has been completed; or
(2 That portion o, "your !!ork" out of \,hich
the injury or damage arises has bsen put
to its intended use by any p€rson or
organization other than another contractor
or subcontractor engaged in perlorming
operadons br a principal as a pan ol the
same proiect.
352
cG 20 10 10 01
L X9605
o ISO Properfes, lnc., 20@ Pago lol 1 tr
ffi+ffi pago 20 of 79
ENDORSEMENT
This endors6m6nt. effoctivs 12tO1 AM C2l1M@2
Folms a palt ol policy no,: 065463440
lssu6d to: Leighton Cohsullahg lnc
By: LEX lNGTO|{ lI{SURAI{CE C0l'lPAt{Y
PRIMARYNON CONTR IB UTORY E NDORS EMENT
This endorsement modifies insrrrance provided by the policy:
Not\^rithstanding any other provision ol the policy to lhe contrary. the insrrrance afforded by this policv
lor the henefit of the Additional lnsLrred shall be primary insurance, but only with respect to any claim,
loss or liability arising out of the Named lnsured's operations; and any insurance maintained by the
A.lditional lnsured shall be non -con tributing.
Al other terms and condilions of the policy remain the same.
Authodzed R epres€n tativ6 OR
Countersign.tu16 (ln statos whsro applicablel
4354
1X9838 (0805)
llilgrt
Effi
page 22 ot 19
ENDORSEMENT
This ondorsement, effective 12iO1 AM wl412@2
Forms a part of policy no': 065463't40
lssuad to: Loigtnon Consulting lnc
By: LEXINGT0N INSURANCE C0i'IPANY
WAIVER OF SUB ROGATION
IB LANI(ET}
h is agreed that \,!e, in the ev€nt ol a payment under this policv, \,/vaive our right of sllbrogation againsl
sny person or organizahon ,,r,trere the insured has \ /Eived lisbility ol such person or orqanization as part
ol 6 $,ritten contractusl agreement bet\.veen lhe insllred and strh person or organization entered inlo
prior to the "occurrence" or otlense.
Al other terms and conditions remain trnchanged
,r7e--
Authorized Repr€sentaliv€ OB
Countorsignsturo {ln statos whsre applicablol
435ri
lExocc234(11031
LXo4As
ffi pago 24 of 79
Leighton Consulting lnc 065463440
LEXNGTON INSURANCE COMPANY
Administative Olfces: 99 High Straot, Boston, Massschusetts 02110
COMMERCIAL GENERAL LIABILITY POLICY
OCCURRENCE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to det€rmine rights,
duties and \ trat is and is not covered.
Throughout this policy the 'aords "you" and "your" refer to the Named lnsured shovn in the
Declarations, and any other person or organization qualifying as a Named lnsured under this policy.
The raords "rae", "us" 6nd "our" reler to the Company providing this insurance. The vrnrd "insur6d"
means any person or organization qualifyrng as such under SECTION ll - VVI-]O lS A l INSURED. Other
uords and phrases that appear in quotaton marks have special meaning. Reler to SECTION lV -
DEFINITIONS.
SECTION I, COVERAGES
COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY
1. lnsufng Aglsement
a. We \ ill pay fiose sums that the insured becomes legally obligaed to pay as damages because
or "bodily injury" or "property damage" to wtrich this insurance applies. We vlill have the right
and duty to defend the insured against any "suit" seeking those damages. Horaever, ue vrill
have no duty to defund lhe insured against any "suit" seeking damages for "bodily iniury" or
" property damage" to v*rich this insurance does not apply. We may, at our discretion,
investigae any "occurrence" and setde any claim or "suit" that may result. But:
(1) The amount ue vrill pay Jor dsmages is limited as described in SECTION lll - tlMlTS OF
INSURAI{CE; and
(2 Our right and duty to defund ends when vre have used up the applicable limit o{ insurance
in the payment ol iudgments or settlements under Coverages A or B.
No other obligation or liability to pay sums or periorm acts or services is covered unless erplicity
provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A ANO B.
b. This insurance applios to "bodily injury" and "property damage" only i{:
(1) The "bodily injury" or 'property damage" is caused by an "occurrence" hat takes plac6 in
the "coverage territory";
(2 The "bodily iniury" or "property damage" occurs during the policy period; and
(3) Prior to the policy period, no insured described in Paragraph 1 ol SECTION ll - \A/llO lS AN
INSUBED and no "employee" authorized by you to give or receive notice ol an
"occurrenca", claim or "suit", knew fiat the "bodily injury" or "property damage" had
occurred, in vhole or in part. ll such a listed insured or authorized "employee" knew prior
to the policy period, that the "bodily injury" or "propefty damage" occurred, then any
continuation, change or resumpton of such "bodily iniury" or 'propefty damage" during or
after the poiicy period vnll be deemed to have been knov\n prior to the 'policy period".
c. "Bodily injury" or "properry damag€" wtrich occurs during the policy period and v\6s not, prior to
tre policy period, know'l to have occurred by any insured lisGd under Paragraph 1, o,
SECTION ll. wHO lS AN INSUREo or any "employee" authorized by you to give or recaive
notice ol an "occurrence" claim, or "suit", includes any continuation, change or resumption of
that "bodily iniury" or "pr@erty damage" sfter the end o{ the policy period.
d. "Bodily injury" or "property damage' \ill be deemed to have been kno\,vr to have occurrod at
the earliest time vr,hen any insured listed under Paragraph 1. of SECTION ll - WHO lS AN
INSURED or any "employee" authorized by you to give or receive notjce of an "occurrence",
claim or "suit":
(l) Reports all, or any part, ol the "bodily injury' or "property damage' to us or any otter
insurer;
lncludcr Copyrlehrcd lntormrtion oI ln.ur.no. Sorviccr
LX9641 (OZ1l) Offic63, lno. vilh it. p.rniasion All Righlr RGr'rvcd Pag.'l ol24
358
lirigll
H}THE*--+t
page 25 of 79
(2 Receives a raritten or verbal demand or claim for damages because of the "bodily iniury" or
" property damage "; or
{3} Becomes araare by any other means that "bodily injury" or "property damage" has occurred
or has begun to occur.
e. Damages because o, "bodily iniury" include damages claimed by any person or organization br
care, loss o{ services, loss ol consortium or death resulting at any time {rom the "bodily injury".
2 E xclusions
This insurance does not apply to;
a. Expacted Or lntsndod lniury
"Bodily injury' or "property damage" e),pected or intendod {rom the standpoint of the insured.
This exclusion does not apply to "bodily injury" resulting fom the use o, reasonabls force to
proEct persons or propefty.
b. Contractual Liability
"Bodily iniury' or "property damage" for rahich the insured is obligated to pav damages by
reason o{ the assumption of liability in a confact or agreement. This exclusion does not apply
to liaulity tor damages:
(1) That the insured \,ould have in the absence of the contract or agreement; or
(2 Assumed in a contract or agreement tlat is an 'insured contract", provided the "bodily
injury' or 'property damage' occurs subsequent to tle execution of the confact or
agreement. Solely lor the purposes of liability assumed in an "insured confact",
reasonable attorney ftes and necessary litigation epenses incurred by or ,or a party other
than an insured are deemed to be damages because of "bodily iniury" or "property
damage ", Provided;
(a) Liability to such party ror, or ,or the cost o{, that party's defunse has also been assumed
in the same "insured contract"; and
(b) Such attorney fues and litigation expenses are lor defense of that party against a civil or
alternative dispute resolution proceeding in \^,hich damages to wttich this insurance
applies are alleged.
c. Liquor Lisbility
"Bodily iniury" or "propertY damage" for rahich any insured may be h€ld liable by reason of:
(1) Causing or confibuting to the intoxicatofl ol any person;
(2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the
infuence of alcohol; or
(3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use oI alcoholic
beverages.
This exclusion applies only if you are in the business ol manufacturing, distributing, selling,
serving or furnishing alcoholic beverages.
d. Workers' Compensalion And Similsr Laws
Any obligation of the insured under a \,l,orkers' compensation, disabrlity benefits or
unemployment cornpensation law or any similar law.
o. Employer's Liability
(1) "Bodily iniury" to an "employee" ol the insured arising out of and in the course oJ:
(a) Employrnent by the insured; or
(b) Periorming duties related to the conduct of the insured's business; or
359
LX9641 (O2/11)
lnclud.s Copyrightod lnformttion ol lnsurlncc S.rvicct
Ollic.r, lnc. virh il! p.rmi.!i6n. All Right! R6!6rvcd.Page 2 ol24
Iiillf]
ffi.*
page 26 of 79
{? Any claim or "suit' brought by the spouse, child. parent, brother or sister o, f|at
"employee" as a consequence of paragraph (1) above,
This exclusion applies wtrether the insured may be liable as an employer or in any olher
capacity and to any obligation to share damages \ith or repay someone else rrnho must pay
damages bacause ol the injury.
This exclusion does not apply to lisbility assumed by the insured under an 'insured contract".
f. Pollution
(1) "Bodily iniury" or "property damage" arising out of the acual, alleged or threatened
discharge, dispersal, seepage, migration, release or escape o{'pollutants"i
(8) At or fom any premises, site or location, r,rtrich is or v\E; at any tjme ov'nod or
occupied by, or rented or loaned to, any insured. Ho\^ever, this subparagraph does not
apply to:
(i) "Bodily injury" if sustained ltithin a building and caused by smoke, fumes. vapor or
soot produced by or originating {rom equipment ttat is us€d to heat, cool or
dehumidify the building, or equipment that is used to heat \ 6ter for personal use by
th6 building's occupants or their guests;
(ii) "Bodily injury' or "property damage" lor \ hich you may be held liable, i, vou ar€ a
contractor and the owler or lessee of such premises, site or location has been
added to your policy as an additional insured vith respect to your ongoing
operations perlormed br that addhional insured at that premises, site or locstion
and such premises, site or location is not and never was ow'ted or occupied by, or
r€nted or loaned to, any insured, other than t\at additional insured; or
(iii) "Bodily injury" or "property damage" arising out ol heat, smoke or fumes lrom a
"hostile fre";
(b) At or lrom any premises, site or location which is or wBs at any time used by or lor sny
insured or others for the handling, storage, disposal, processing or treafnent of \ €ste;
(c) Wrich are or \ €re at any time tansported, handled, stored, treated, disposed oI, or
processed as \ aste by or for:
(i) Any insured; or
(ii) Any person or organization lor v*tom you may be legally responsible;
(d) At or from any premises, site or location, on v\hich any insured or any contractors or
subcontractors \ orking directly or indirecdy on any insured's behalJ 8re perlorming
operations it the "pollutants" are brought on or to the premises, site or location in
connection v\ith such operations by such insured, confactor or subcontractor.
Hov\€ver, this subparagraph does not apply to:
(i) "Bodily injury" or "property damage" arising out ol the escape of fuels, lubricants or
other operating ffuids wtrich are needed to perform the normal electrical, hydraulic
or mechanical funcfons necessary ior the operation ol "mobile equipment" or its
parts, i{ such fuels, lubricants or other operating iuids escape lrom a vehicle part
designed to hold, store or receive them. This excsption does not apply if the
"bodily injury" or "property damage" arises out of tre intentional discharge,
dispersal or release ol the fuels, lubricants or other operatng fuids, or i{ such fuels,
lubricants or other operating fuids are brought on or to the premises, sib or
location v\ith tre intent trat they be discharged, disp8rsed or relBased as part of f]€
operations being performed by such insured, contractor or subcontractori
(ii) "Bodily injury" or "property damage" sustained vrithin a building and caused by the
releme ol gases, fumes or vapors trom materials brought into that building in
connection with operations being p€rrormed by you or on your behal, by a
contactor or subcontractor; or
LX9641 (ol',l',t )
lncludc6 Copyright!d lnfotmation ol lns'rranc. Scrvic.!
Ollic.r, lnc. uith it. p.rrrislion. All Right. R..crvad Pago 3 ot 24
*'iru*ffi page 2l of 79
(iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes Irom a
"hosdle fire".
(e) At or lrom any premises, site or location on v+lich any insured or any contractors or
subcontractors \,orking directly or indirecdy on any insured's behall are perlorming
operations if the operations are to test for, monitor, clean up, remove, contain, treat,
detoxiry or neutralize, or in any v\6Y respond to, or assess the efftct ol "pollutants".
(2 Any loss, cost or expense arising out oI any:
(8) Request, demand, order or statutory or regulatory requirement that any insured or
otlers test fror, monitor, clean up, remove, contain, treat, detotfy oI neutralize, or in any
way respond to, or assess the effects of "pollutants"; or
(b) Claim or suit by or on behalf ol a governmental aufiority for damages because ol
testing for, monitoring, cleaning up, removing, containing, reaing, detoxifying or
neutralizing, or in any v\Ey responding to, or assessing the elfucts ol "pollutanB".
Ho\€ver, this paragraph does not apply to liability ior damages bacause ot "property
damage" no1 otrerrrrise excluded that the insured vrould have in the absence ol such
request, demand, order or statutory or regulatory requirement. or such claim or "suit" by or
on b€hall of a governmental authority.
g. Arcraft, Auto O, Watsrcraft
"Bodily injury" or "property damage" arising out o{ the ovfiership, maintenance, use or
entustment to others oI any aircraft, "auto" or raatercraft ov\ned or operat8d by or rented or
loaned to any insured. Use includes operation and "loading or unloading".
This exclusion applies even if the claims against any insured allege negligenc€ or otrer
wonodoing in tre supervision, hiring. employment, taining or monitoring ot others bY that
insured, i, the "occurrence" v'hich caused tho "bodily iniury" or "propeny damage" involved $e
ovrnership, maintenance, use or entustment to otlers ol any aircraft, "auto" or watercraft that
is ovfled or operated by or rented oI loaned to any insured.
This exclusion does not apply to:
(1) A v\Etercraft while ashore on premises you o\^n or rent;
(2 A vratercraft you do not oun that is:
(a) Less than 26leet long; and
(b) Not being used to carry parsons or property for a charge;
(3) Parking an "auto" on or on the r a't/s next to premises you owr or rent, provided the "auto"
is not ov'rled by or rented or loaned to you or any insured;
(4) Liability assumed under any "insured conract" lor the omership, maintenance or use o{
aircraft or watercraft; or
(5) "Bodilv injury" or "property damage" arising out ol:
(a) The operation of machinery or equipment that is attached to, or part or, a land vehicle
fiat \ ould quslijy under the defnition o{ "mobile equipment" if it ',ere not subiect to a
compulsory or fnancial responsibilitY law or other motor vehicle insurance law in the
state v*rere it is licensed or principally garaged; or
(b) The operation o{ any of the machinery or equipment listed in paragraph f.(2) or l.(3) ol
the definition of "mobile equipment".
LX9641 (02/11)
lnclud.s Copyright.d lnrorm.tion oI lnturanc6 Scrvic6s
Otfioc!. lnc. !rth it! p.rmirsion. All Right! R6r.rv.d.Page 4 ot 24
1
ffi page 28 ol 79
h. Mobilo Equipment
"Bodily injury" or "property damage" arising out ot:
(1) The transportation ol "mobile equipm€nt" by an "auto" ovfied or operated by or rented or
loaned to any insured; or
(2 The use of "mobile equipment" in, or vririle in practice for, or vrhile being prepared ior, eny
prearranged racing, speed, demolition, or strnting activity.
War
"Bodily injury" or "property damage", ho\ ever caused, arising directly or indirec{y out oI:
(11 War, including undeclared or civil u€r; or
(2 Warlike action by a military lorce, including action in hindering or defunding against an
actual or epected attack, by any government, sovereign or other authority using militory
p€rsonnel or other agents; or
{3) lnsurrecdon, rebellion, revolution, usurped poM€r, or action taken by governmental authority
in hindering or debnding against any ol these.
This exclusion does not apply to the use or threatened use of "terrorism".
As used in this exclusion, "terrorism" means the use or threatened use of {Drce or violence
against p€rson or property, or commission of an act dangerous to human lifu or property, or
commission of an act that interfures v\idn or disrupts an electronic or communication systam,
undertaken by any person or group, v+Ether or not acting on behall of or in any connection !^ith
any organization, government, po\ er, auttority or military rorce, \hen the effect is to intimidab,
coerce or harm:
(1) A government;
(a The civilian population o{ a country, state or community; or
(3) To disrupt the economy of a country, state or community.
So long as the Terrorism Risk lnsurance Act of 2002 (the 'Act') is in effact, 'Errorism"
includes an act ol Errorism as defned by Section 102, Defnitions of the Act and any revisions
or amendments thereto.
Damage To Ptopstty
"Property damage " to:
ll) Property you ovfi, rent or occupy, including any costs or excenses incurrgd by you, or any
other person, organizadon or entity, for repair, replacement, snhancement, rostoraion or
maintenance o, such property lor any reason. including prevention o, iniury to a person or
damage to onolher's property;
(2 Premises you sell, giw av\6y or abandon, il fie "property damage" arises out of any paft of
those premises;
(3) Property loaned to you;
(4) Personal propeny in tle care, custody or control o, the insured;
(5) That panicular part of real property on which you or any contractors or subcontractors
vrorking directly or indirecty on your b€half are perfrorming operations, il the "propGrty
damage" arises out of those operations; or
(O That panicular part ot any property that must be restored, repaired or replaced because
"your \,ork" vras incorrectly performed on it,
LX9641 (O211)
lncludo! Copyrighr.d lnformation ol lnsuranc. SGrvicGt
Offic6!, lho. vrith it! pcrrt stion. All Rightt Rot.rv6d.Page 5 ol 24
I
[:#'iJ&rirfElr.iii:
page 29 of 79
LXS64'r (OZ1r )
lnclud€t Copyrightcd lhformltion ot lnlurancc sGrvic!t
Offic.s, lnc. virh ir! pormission. All Right! Rc!6rv6d.Page 6 of 24
Paragraphs ('l), (3) and (4) ol this exclusion do not apply to "property damage" {other than
damage by fre) to premises, including the con&nts of such premises, rented to you for a period
of 7 or fu\,^€r consecutive days. Hov\cver, a separate Limit o, lnsurance applies to Damage To
Premis€s Rented To You as described in SECTION lll - LIMITS OF INSURA ICE.
Paragraph (2) ol this exclusion does not apply if the premises are 'your v\ork" and \,^€re never
occupied, rented or held for rental by yoJ.
Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liabilitv assumed under a
sidetrack agreement.
Paragraph (6) of this exclusion does not apply to "property damage" included in the
"products-completed operations hazard".
k. Damaoe To You, Product
"Property damage" to "your product" arising out o, it or any part of it.
l. Damsgo To Your Work
"Property damage" to "your uork" arising out of it or any pan o, it and includod in the
"products-completed operations hazard".
This exclusion does not apply il the damaged \ ork or fie v\,ork out o{ r^hich the damage arises
'aas performed on your behalf by a subcontactor.
m. Damage To lmpaired Property Or Property Not PhysicElly lnlured
"Property damage" to 'impaired property" or property that has not been physically iniured,
arising out ol:
(1) A deftct, defciency, inadequacy or dangerous condition in "your product" or "your raork";
or
(? A delay or bilure by you or anyone acting on your behall to per{orm a contract or
agreement in accordance \ itl its terms.
This exclusion does not apply to the loss ot use oI olh€r property arising out ol sudden and
accidental ph6ical injury to "your product' or "your raork' after it has been put to its intended
use.
n. Recall Of Products, Work Or lmpaired Propsrty
Oamages claimed ior any loss, cost or expense incurred by you or ofrers for the loss oI use,
\ ithdra\ial, recall, insp€ction, repair, replacement, adjustnent, removal or disposal of:
(1) "YoiJr product";
(2 "Your \^Drk"; or
(3) "lmpaired Droperty";
if such product, ,aork or property is ,r'ithdravrr or recalled fom the market or fiom use by any
person or organization because of a knovn or suspected defect, defciency, inadequacy or
dangeroJs conditjon in it.
o. PersonslAnd Advertising lniury
$ffiHffi pags 30 of 79
"Bodily injury" arising out oI "personal and advertising iniury".
p. E lsctronic Data
Damages arising out ol the loss oJ, loss oJ use or, damage to, corruption ol, inability to access,
or inability to manipulate electonic data,
As used in this exclusion, electronic data means information, lacts or programs stored as or on,
created or used on, or uansmitEd to or fom computer soft\are, including systems ond
applicatons soft\6re, hard or oppy disks, CD-ROMS, tapes, drives, cells, data processing
devices or any other media v*rich are used \ itr electronically controlled equipment.
q. Fungus/Mold
"Bodily intury" or "property damage" or any ofier loss, cost or e&ense, including, but not
limited to, losses, costs or expenses related to, arising fom or associated vrith clean'up,
remediation, containment, removal or abatement, caused directly or indirecty, in v*tole or in
part, by:
(1) Any "fungus(i)", "mold(s)", mildewor yeast, or
(a Any 'spore(s)' or totns created or produced by or emanating fom such "fungus(i)",
"mold(s)", mildew or yeast, or
(3) Any substsnce, vapor. gas, or other emission or organic or inorganic body substance
produced by or arising out o, any "fungus(i)', "mold(s)", mildew or yeast, or
(4) Any material, product, building component, building or stucture. or any conc€ntration of
moisture, \ 6ter or other liquid vrithin such material, product, building componenl, building or
stucture, that contains, harbors, nurtures or acts as a medium for any "fungus(i)",
"mold(s)", mildew yeast or "spore(s)" or toxins emanating there{rom,
regardless of any other cause, event, material, product and/or building component d1at
contibuted concurrenty oI in any sequence to that "bodily injury" or "property damage", loss,
cost or e&ense.
For the purposes of this exclusion, the lollovring defnitions are added to the policy:
"Fungus{i)" includes. but is not limited to, any ol the plants or organisms belonging to the maior
group fungi, lacking chlorophyll, and including molds, rusts, milde\ 6, smuts, and mushrooms
"Mold(s)" includes, but is not limited to,8ny superfcial grov\nh produced on damp or d€csying
organic matEr or on living organisms, and fungi that produce molds.
"Spore(s)" means any dormant or reproductive body produced by or arising or emanating out ot
any "fungus(i)", "mold(s)", mildew plants, organisms or microorganisms.
Employmont Rglated Praclic€s
Any claim or "suit" alleging or assening in any respect loss, injury, or damage {including
consequential "bodily iniury") in connection vrith "wongful termination", and/or "discrimination",
and/or "sexual harassment".
The lolloning defnitions apply to this exclusion:
"Wrongful termination" means tsrmination oI an employm€nt relationship in a manner wtrich is
against the law, \,1rongful, or in breach of an implied or witEn agreement to continue
employment.
" Discrimination" means termination o{ an employment relationship or a demotion, or a hilure or
refusal to hire or promote an individual because o1 race, color, religion, age, sex, disability,
pregnancy, natural origin, se)ual orientation or ofier protected category or charact€ristic
established pursuant to any applicable Unit€d States bderal, state, or local law, regulation or
ordinance.
"SeKJal harassment" means un\ €lcome se)ual advances and/or requests Jor sexlal Iavors
I
4
LX9641 (O211)
lnoludo! Copyrighr.d ln{ormalion of lnturanc. S.rvic.s
Officc!, lno. hith it! p6?mis.ion. All Righl. R6t6rv.d.Pgg,e 7 ol 24
pag6 3',1 ol 79
s
and/or otter verbal or physical conduct ol a sexual nature that: (1) are made a condition of
employment andlor l2l are used as a basis lor employment decisions and/or (3) create a uork
environme nt that interleres r,rith pe rlormance.
Asbesto s
(11 "Bodily injury" in any way arising out of dle use by any person or organization of or
exposure to asbestos, asbestos producls, asbestos fibers or asbestos dusu
(a 'Property damage" to real property arising out oltre use by any person or organization ol
asbestos, asbestos products, asbestos fibers, ssbestos dust, including, l ihout limitation,
the costs incurred ' ith respect to the removal or abatement ol asbestos, asbestos
products, asbestos fbers or asbestos dust fom or in such real property;
(3) Any ouigation o{ the insured to indemniry any party because of damages arising out of such
"property damage", "bodily iniury", sickness, disease, occupational disease, disability,
shock, deatr, mental anguish or mental iniury. at any time as a result of the manufacure of,
mining ol, use oI, sale of, removal of, distribJtion oI, or eposure to asbestos, asbestos
products, asbestos fibers or asbestos dust; or
(4) Any obligation to defund any "suit" or claim against the insured alleging "bodilv in1urv",
sickness, disease, occupational disease, disability, shock, death, mental anguish or mental
injury or 'property damage" resultng lrom or confibuted to. by any and all manufacture o',
mining of, use of, sale of, removal of, distribution of, or elposure to asbestos, asbestos
products, ashstos fbers or asbestos dust,
L ead
(1) "Bodily iniury" or "property damage", lor past, present or future claims arising in whole or
in pan, either directly or indireciy, out oI the manulacture, distrihjtion, sale, resale,
re-branding, installation, repair, removal, encapsulation, abatement' replacement or handling
ol, eposure to, ingestion oI or @sting for, lead \hether or not the lead is or \€s at any
time airborne as a panicle, contained in a product, carried on clothing. inhaled, transmitted
in any lashion or lound in any Jorm v*tatsoever;
(2 The co6ts of clean up or removal oI lead or products and materials containing lead;
(31 The costs o{ such aCtiOnS as may be necessary to monitor, assess and evaluate the release
or threat ol same, or lead or oroducts and material containing lead;
(41 The cost o, disposal of lead substances or the taking of such other action as may be
necessary to Emporarily or permanendy prevent, minimize or mitigate damage to the public
health or v\€llare or to the environment, \,hich may otherrMse result;
(51 The cost of compliance \ ith any law or regulation regarding lead'
N ucleal
(1) "Bodily injury'' or "propeny damage":
(a) Wth respect to vltrich an insured under this policy is also an insured under a nuclear
energy liability policy issued by Nuclear Energy Liability lnsurance Associatjon, Mutual
Atonic Energy Liability Under\^riters, Nuclear lnsurance Association of Canada or any of
fieir successors, or vrould be an insured und€r any such policy but lor its terminadon
upon et'raustion oJ its limit o{ liability; or
(b) Resulting lrom the "hazardous propenies" o{ "nuclear material" and \^ith respect to
\ hich: (i) any person or organization is required to maintain financial protecton pursuant
to the Atomic Energy Act of 1954, or any law amendatory thereof, or (ii) the insured is
or,hadthispolicynotbeenissued,\DUldbeentidedtoindemnitytromtreUnited
States of Arnerica, or any agency thereor, under any agreement entered into by tle
United States o{ Arnerica, or any agency thereo{ \ ith any person or organization'
(2 "Bodily injury" or "property damage" resultng trom the "hazardous properties'' oI "nuclear
material", if
lnclud63 copYrighltd lnlorm.tion ol ln!ur.nc! scrvio"
OIIic.., lnc. !.,ih irrp.rtri.rion. All Right! R..6rv.d. Prip A or 24
u
LX9641 (O2/11)
HEEI*
ffiH
W*ruffi pago 32 of 79
(e) The "nuclear material": (i) is at any "nuclear lacility" ovred by, or operated by or on
behalf oJ, an insured or (ii) has been discharged or dispersed therelrom;
(b) The "nuclear material" is contained in "spent fuel" or "v\aste" at anytime possessed,
handled, used, processed, stored, transponed or disposed of by or on behalf ol d,}e
insuredi or
(c) The "bodily injury" or "property damage" arises out oI the furnishing by an insured oI
services, materials, psr8 or equipment in connection \ ilh the planning, construction,
maintenance, operaton or use of any "nuclear facility", but if such fdcility is locsted
\ ithin the United Staes of Arnerica, its terrhories or possessions or Canada, this
subparagraph (2)(c) applies only to "property damage" to such "nuclear facility" and
any property thereat.
(3) "Bodily injury' or "property damage' arising out of the intentional or unintentional
detonaion o{ any nuclear bornb or nuclear device or release ol radioactive matter.
(4) fu used in this exclusion, the lollovring defnitions apply:
(a) "Hazardous properties" include radioactive. toxic or eplosive propenies;
(b) "Nuclear material" means "source material", "special nuclear material" or "by-product
material";
(c) "Source material', "special nuclear material" and "by-product matErial" have the
meanings given them in tle Atomic Energy Act of 1954 or in any law amendatory
thereoJ;
(d) "Spent fuel" means any fuel element o{ fuel component, solid or liquid \ hich has boen
used or excosed to radiation in a "nuclear reactor";
le) "Waste" means any $Este material: (i) containing "by'product material" other than the
tailings or wastes produced by the exraction or concentration ol uranium or thorium
from any ore processed primarily lor its "source material" content, and (ii) resulting
lrom the operation by any person or organization ol any "nuclear facility" included under
fie frst t\ ,o paragraphs of the defnition of "nuclear facility".
(I) "Nuclear facility" meansr
(i) Any " nuclear reactor";
(ii) Any equipment or device designed or used for: (a) separating the isotopes of
uranium or plutonium, (b) processing or utilizing 'spent fue|", or (c) handling,
processing or packaging " raaste ";
(iii) Any equipment or device used for the processing, hbricating or alloying o, "spccial
nuclear material" iI at any time the total amount of such material in the custody o,
the insured at the premises where such equipment or device is locsted consisb o,
or contains more than 25 grams o{ plutonium or uranium 233 or anY combination
thereof. or more than 250 grams of uranium 235;
(iv) Any sructure. basin, excavation, premises or place prepared or used ,or the
storage or disposal o{ "waste";
and includes the site on which any of the toregoing is located, all operations conduct€d
on such site and all premises used for such operations,
(g) "Nuclear reactor" means any apparatJs designed or used to sustain nuclear fission in a
sell-supporting chain reaction or to contain a critical mass o, fssionable material.
"Property damage" includos all forms ol radioactive contamination o, property.
Securities And Financial lnterest
(1) Any violadon ot any securides law or similar law or any regulation promulgated thereunder;
(2 The purchase, sale, oftr ot sale or solicitation ol any security, debt, insurance policy, bank
lncludca Copyright.d lnform6tion ol ln3ur6no. scrvio..Ollic6!, lnc. ejth ir. p.rmi.!ion. All Right! Rc..rvcd Pagp I or 24
366
LX9641 (O2/11)
E:TJUT
H{.lE
page 33 of 79
LX964r (02/',11)
lnclud.s Copyrightod lnlormation of ln!!rancc Scrvic.!Ollic.!, lnc. !.ith il! p.rrrittion. All Right! Ro!orv6d.P.q€ 10 ol 24
deposit or financial interest or instrument;
(3) Any representation made at any tme in relation to fie price or value oJ any security, debt,
insurance policy, bank deposit or fnancial interest or instument; or
(4) Any depreciaton or decline in price or value of any security, debt, insurance policy, bank
depo6it or fnancial interest or insrument.
w. Silica
(11 "Bodily injury" d "property damage" or any other loss, cost or epense arising out of the
presence, ingeston, inhalation, or absorpton, ol or e&osure to silica products, silica fbers,
silica dust or silica in anY form; or
(2 Any obligatjon ot the insured to defend and/or indemniJy any party because o, damages
arising out o, such "bodily injury" or "property damage" arising out of the presence,
ingestion, inhalation, or absorp6on o, or eposure to silica products, silica fibers, silica dust
or silica in any lorm.
x. Molation Of Statutss ln Connection vvith Sonding, Transmitting Or Communicating Any
Mstatial OI lnformetion
Any loss, injury, damage, claim, "suit", cost or e)Qense arising out ot or resulting from, caused
dtectly or indirecty, in v*tole or in pan by, any act tlat violates any statute, ordinance or
regulation of any ftderal, state or local government including, any amendment ol or addition to
such la,as, that includes, addresses or applies to the sending, transmitting or communicating of
any material or inrormation, by any means v*latsoever'
COVERAGE B. PERSONAL AAID ADVERTISING INJURY LIAEILITY
1. lnsuring Agr€emont
s. We Wlt pay those sums that t\e insured becomes legally obligated to pay as damages because
of "personal and adverlsing injury" to which this insurance applies. We \ ill have he Iight and
duty to delend the insured against any "su(' seeking flose damages. Horaever, ut vrill have
no duty to defund the insured against any "suit" seeking damages br "personal and advenising
iniury" to \ tlich this insurance does not apply. We may, at our discretion, investigate any
offense and setde any claim or "suit" that may result. But:
(1) The amount vre vrill pay tor damages is limited as described in SECTION lll - tlMlTS OF
INSUR A ICE and
(2 Our right and duty to defund ends when vre have used up the applicable limit o, insurance
in the payment of judgments or settlements under Coverages A or B.
No other obligation or liability to pay sums or perbrm acts or servces is covered unless
e)elicitly provided ior under SUPPLEMENTARY PAYMENTS - COVERAGES A AtlD B.
b. This insurance applies to "personal and advertising injury" caused by an offense arising out of
your business but only i{ the olfense v\as committed in the "coverage erritory" during the policy
period.
2 E xclusio ns
This insurance does not apply to:
a. Knowing Molation OI Rights Of Anothet
"Personal and advertising iniury" caused by or at the direction o, the insured v\ith the
kno\,ledge that the act \,ould violste the rights ol another and \ould inflict "personal and
advertising injury".
b. Matedal Published With Knowledge Of F8lsity
"Personal and advenising anjury" arising out of oral or v\riten publication of material, i{ done by
or at the direction ol the insured \ ith knoviedge o{ its lalsity.
U.,*YUf.ffi
c. Matarial Publishod Pdor To Policy Poriod
"Personal and advenising injury' arising out o, oral or witten publication of material !hose frst
publication took place beiore the beginning o{ the policy period.
d. Criminal Acts
"Personal and advertising iniury" arising out ol a criminal act committed by or at the direction o,
the insured.
6. Contrsctual Liability
"Personal and adveftising injury" for wtrich the insured has assumed liability in a contact or
agreement. This exclusion does not apply to liability lor damages that the insured vrould have in
the absence of the contract or agreement.
l. B reach Ol Contract
"Personal and advenising injury" arising out ol a breach of contract, except an impli€d contract
to use another's advertising idea in your " advertiseme nt".
g. Ou6lity Or Perlormance Ot Goods - Fsilure To Confolm To Stotoments
"Personal and advertising injury' arising out o, tte failure ot goods, products or servicos to
contorm Wth any statement oI quality or per{ormance made in your "advertisement".
h. Wrong Description Ol Prices
"Personal and advenising injury" arising out ot the v\rong description o{ fie price o{ goods,
prducts or services stated in your "advenisement".
i. lntringement Ot Copyright, Patant. Trademark Or Trade Secret
"Personal and advertising injury" arising out ol tle intingement of copyright, patent, trademark,
fade secret or other intellec al property rights. under this exclusion, such other intellectual
property rights do not include the use o, another's advertising idea in your " adve rtjse ment".
Hovlrver, this exclusion does not apply to inlringement, in your " advertise ment" , of copyright.
trade dress or slogan.
j. lnsureds ln Media And lnternot Type Eusinesses
"Personal and advenising iniury" cornmitted by an insured v*tose business is:
( 1) Adrertising, broadcasting, publishing or telecasting;
(2 Designing or determining content of uebsites for others; or
l3 An internet search, access, content or service provider.
Hor rver, this exclusion does not apply to Paragraphs 14.a., b' and c' ot the detnition of
"personal and advertising injury" in SECTION lV - DEFINITIONS.
For the purposes o, this exclusion, the placing ot lrames, borders or links, or advertising, ior you
or others anyvhere on the lnternet, is not by itselr, considered the business ol ad\rertising,
broadcasting, pubiishing or telscasting.
k. Electronic Chatrooms Or Bulletin Boards
"Personal and advertising injury" arising out of an electronic chatoom or bulletin board the
insured hosts, o\^r'rs, or over \^hich the insured e)Grcises control.
l. Unsuthorized Uss Ol Anothor's Name Or Product
"Personal and advertising injury" arising out of the unauthorized use o, another's name or
product in your e-mail address, domain name or metatag, or any other similar tactics to misload
another's potentisl customers.
m. Pollution
:li)i
LX9641 (O2,11)
lnclud.3 Copyrisht.d lnformttion ol ln.uranc6 S6rvic..
Offic6!. lnc. tith il! pcrnrslion. All Raghr! R.tlrv6d.Page 11 ol 24
pago 34 of 79
b\trI*Ft:ni' BE*!i.&Ei,U;n}
page 35 of 79
"Personal and advertising injury" arising out of lhe actual, alleged or tlrestened discharge,
dispersal, seepage, migration, release or escape of "pollutants" at any time.
n. Pollution-R slstod
Any loss, cost or expense arising out ol any:
(1) Bequest, demand, order, or statutory or regulatory requirement that any insured or olhers
test lor, monitor, clean up, remove, contain, teat, detoxify or neutalize, or in any uay
respond to, or assess tre el{ects ol, "pollutants"; or
(Z Claim or "suit" by or on behall oI a governmental autrrority for damages because of testing
for. monitoring, cleaning up, removing, containing, teating, detoxi{Ying or neutralizing, or in
any way responding to, or assessing the efbcts of, "pollutants"'
Exclusions i. wal. q. Fungus/Mold, r. Employment Rslatod Prscticos, s. Asbostos, t. Lead, u.
Nuclear, v. Securities a;d Financial lntor6st, w. Silica and x. Molation oI Statutes in
Connection Wth Sending, Transmitting or Communicating Any Material or lniormation
ponainingto'.bodilyiniury''or'.pIopertydsmsgo'.und8]covERAGEA.BoDILYINJURY
mlo pnopEnrv DAMAGE LIABILITY shall spply 6quslly to "poraonsl and advertising
injury''underthiscovERAGEB.PERSoNALANDADVERTlslNG|NJUBYLlABlLlTY.
SUPPTEMENTARY PAYMENTS " CO\iERAGES A AIID B
1. We vrill pay, \ ith respect to any claim \^€ inv€stigate or settle, or any "suit" against an insured ue
deftnd;
a. Al ePenses lre incur.
b. Upto S2SO frcr cost o, bail bonds required because of accidents or taffc law violatjons arising
out o{ the use of any vehicle to \ahich the Bodily lniury Liability coverage applies. we do not
have to furnish these bonds.
c. The cost of bonds to release attachments, but only Ior bond amounts wfrin the applicable limit
of insurance. We do not have to furnish these bonds'
d. Al reasonable expenses incurred by the insured at our request to assist us in the investigation
or defunse ol the claim or "suit", including actJal loss ol earnings up to $25O I day because of
time off {rom uork.
s. Alt court costs taxed against d1e insured in the "suh". Hov\tver, these payments do not include
atorneys' fees or attorneys' e&enses ta)<ed against the insured'
l. Preiudgment interest al arded against the insured on that part of the iudgment \ 'e pay lJ !'\€
maie an otfer to pay the applicable limit ot insurance, v\E \,ill not pay any prejudgment interest
based on that period of time after the oftr'
g. Interest on that pan oI any iudgment v\€ pay that accrues after entsy of the iudgment and belore
v\€havepaid,offeredtopay,-ordepositedincountheparto,thejudgmentthatiswithinthe
applicable limit of insurance
These payments \nill not reduce the limits oI insurance'
2 lJ v1,e debnd an insured against a "suit" and an indemnitee of the insured is also named as a party
to the "suit", rae rrrill defend that indemnitee i, all ol the iollov\ing conditions are mat:
a. The ,,suit,' against the indemnitee seeks damages for \^hich fie insured has assumed the
liabiliw oI thelndemnitee in a confact or agreement tlat is an 'insured contract";
b. This insurance applies to such liabilhy assumed by the insured;
c. The obligation to defund, or t1e cost ol the defunse o{, fiat indemnitee, has also been assumed
by the insured in d'le same "insured contract";
d. The allegations in the "suit" and the in{ormation \ € know about the "occurlence" are such that
no conilct appears to exist bet\,1€en tle interests of the insured and the interests of the
indemnit€e;
LX9641 (O2/11)
lnclud.. Copyrisht.d lnformrtion ot ln!urtnc! Sorvic.s
ottic.., lnc 'riih itt p.rmislion. All Right! Rctorv.d'Page 12 ol 24
*#+ffi pago 36 of 79
6. The indemnitee and the insured ask us to conduct and contol tlre detense of trat indemnitee
against such "suit" and agree that ua can assign the same counsel to debnd the insured and
the indemnitee; and
f. The indemnitee:
(11 Agrees in witing to;
(a) Cooperate raith us in the investigation, settJement or de{ense of the "suit";
(b) lmmediately send us copies ot any demands, notices, summonses or legal papors
received in connection \^ith the "suit";
(c) Notify any other insurer nhose co\,erage is available to the indemnitee; and
(dl Cooperate vr.ith us \-ith respect to coordinating other applicable insurance available to
the indemnhee; and
(2 Provides us with \ ritEn authorization to:
(a) Obtain records and other inrormation relabd to the "suit"; and
(b) Conduct and confol the debnse of the indemnitee in such "suit".
So long as the above conditions are met, attorneys fues incurred by us in the delense ol that
indemnitee, necessary litigation epenses incurred by us and necessary litigation e)eenses incurred
by the indemnitee at our request v\ill be paid as Supplementary Payments" Not\ ,ithstanding the
provisions of paragraph 2.b.l2l ol SECTION I COVERAGES - COVERAGE A. BODILY INJURY ANO
PROPERTY oAlVlAG E LIABILITY. such payments \ill not be deemed to be damages tor "bodily
injury" and "property damage" and \ ill not reduce the Limits of lnsurance.
Our obligaton to defund an insured's indemnite€ and to pay lor attorneys fees and necessary
litigation expenses as Supplementary Payments €nds vlhen \ € have used up the applicable Limit ol
lnsurance in the payment ot judgmenE or settlemenE or the conditions set ,orth 8bove, or the
terms o{ the agreement described in subparagraph 2.1. above, are no longer met.
SECTION II - WHO IS A'\I INSURED
1. lf you are designated in the Declarations as:
a. An individual. you and your spouse are insureds, but only r,,rith respect to the conduct ol a
business o{ v*rich you are the sole ovnsr.
b. A parmership or joint venure, you are an insured. Your members, your parhers, and th€ir
spouses are also insureds, but only with respect to the conduct o{ yoJr business.
c. A limited liability company, you are an insured. Your membrs are also insureds, but only \ilh
respect to the conduct of your business, Your managers are insureds, but only ldth respect to
their duties as your managers.
d. An organization other than a pannership, ioint venture or limited liability company, you are 8n
insured. Your "e:<ecutive officers" and directors are insureds, but only \ ith respect to fieir
duties as your olfcers or directors. Your stockholders are also insureds, but only \ ith respect
to their liability as stockholders.
e. A trust, you are an insured, Your tustees are also insureds, but only \^ith respect to their
duties as trustees.
2 Each oI the follo\ ing is also an insured:
a. Your "volunteer \,orkers" only vrtrile perbrming duties related to tle conduct ol your business,
or your "employess", other flan either your "e)ecutive otficers" (it you are an organization
other than a parhership, jdnt venture or limited liability company) or your manaOors (if you are
a limited liability company), but only {or acts \ ihin the scope o, their employment by you or
ratrile perbrming duties relatod to the conduct o{ your business. Hou€ver, none of those
"employees" or "volunteer v\orkers" is an insured for:
0
1X9641 (O211)
Inoludos Copyrightcd lntormrtion oI lnsur!nc. S.rviccrOffica!, lnc. uith its pcrrrillioh. All Righr! R.sGrv.d.Pagp 13 ol 24
Htrq#
ffIittiiEat'ifal
page 37 of 79
(1) "Bodily iniury" or "personal and advertising injury'r
(a) To you, to your parhers or members (il you are a parhership or icint ventrre), to your
members {if you are a limiEd liability company), or to a co-"employee" wttile that
co-"employee" is either in the course of his or her employment or performing duties
relaEd to the conduct o{ your business, or to your other "voluntee|aorkers' \hile
perrorming duties related to the conduct of your business.
ln addition, this insurance does not apply to any claim or "suh" brought by the spouse,
child. parent, brother or sister of you, your parher, your membel, your co-"employee"
or your 'volunteer uorker" as a consequence of the above paragraph.
(b) For $trich there is any obligation to share damages \ith or repay someone else who
must pay damages because of the injury describ€d in paragraphs (1)(a) above; or
(c) Arising out o{ his or her providing or fuiling to provide profussional health care services.
(A "Property damage" to Property:
(a) O, ned, occupied or used by;
(b) Rent€d to, in the care, custody or confol o{, or over wtrich physical confol is being
e)€rcised for any purpose by;
you, any of your "employees", or "volunteer \Drkers"; or any parher or member (if you are
a pannership or joint venture), or any member (if you are a limited liatility company).
b, Any person {other than your "emploYee" or "volunber uorker"), or any organization v*rile
acting as your real estate manager.
c' Any person or organization having proper temporary custody oI your property il you die, but
onlY:
(1) Wth respect to liability arising out o{ the maintenance or use oI that property; and
(2 Until your legal rBpresentatiw has been appointed.
d. Your legal representative if you die, but only v\ih resp€ct to duties as such. That repres€ntativ€
v\ill ha\€ all yotrr rights and dutes under this policy.
3. Ary organization you nevJy acquire or brm, other than a parhership, jcint venture or limited liability
company, and over v*lich you maintain ovnership or maiority interest, v\ill qualify as a Named
lnsured i{ there is no other similar insurance available to that organization Hov\tver:
a. Coverage under this provision is afford€d only until the 9ofr day after you acquire or {orm the
organization or the end of the policy period, vhichever is earlier;
b. Coverage A does not apply to "bodily iniury" or "property damage" that occurred before you
acquired or iormed the organization; and
c. Coverage B does not apply to "personal and advertising injury" arising out of an offunse
committed bafore you acquired or formed the organization,
No person or organization is an insured r^ith respect to the conduct ol any current or past partlership,
joint \€nture or limited liabilhy company hat is not Showt as a Named lnsured in the Declarations.
SECTION III . LIMITS OF INSURANCE
1. The Limits of lnsurance shovrn in the Declaratons and the rules below fix the most \^€ ''ill pay
regardless oI the number ol:
a. lnsureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits",
2 The General Aggregae Limit is the most \^€ \ ill pay for the sum o{:
LX9641 (O2/11)
lncludc! copyrightod lnlormation ol lnsurallc. S6rvic6!
Olfic.!, lnc. wth it! p.rni!.ion. All Right. Rc!.rv.d.Page 14 ol24
pags 38 ol 79
Damages under Coverage A, except damages because of "bodily injury" or ''property damage"
included in the "products-completed operations hazard"i and
b. Damaqes under Coverage B
3. The Products-Cornpleted Operations Aggregate Limit is the most 'ne v'ill pay under Coverage A br
damages because of "bodily injury" and "property damage" included in the 'products-completed
operalions hazard".
4. Subiect to 2. above, the Personal and Adrcrtising lnjury Limh is tre most v\p \ ill pay under
Coverage B for the sum ol all damages because oI all "personal and advertising injury" sustained
by any one person or organization,
5. Subject to 2. ot 3. above, v*riche\€r applies, the Each Occurrence Limit is the most \ E \aill pay Jor
damages under Coverage A because o{ all "bodily injury" and "property damage" arising out o{ any
one "occurrence".
6. Subject to 5. above, the Damage To Premises Bented To You Limit is the most \ e \ ill pay under
Cowrage A frcr damages because ol "property damage " to any one premises, \,^,hile rented to you,
or in the case of damage by fre, vrhile rented to you or temporarily occupied by you l,tih permission
of the ovner. No "derense e)penses" shall be paid under the Damage To Premises Rented To
You Limit.
The Limits ol lnsurance of this policy apply separaiely to each consecutive annual period and to any
remaining period of less than 12 months, startng vrith the beginning ot the policy period show't in the
Declarations, unless the policy period is extended after issuance ,or an additional period of less than 12
months. ln trat case, the additional period v\,ill be deemed part ol the last preceding period tor purposes
ol determining fie Limits of lnsurance.
SECTION IV - DEFINITIONS
"Adverlisement" means a notice that is broadcast or published to th€ g€neral public or spscifc
market segments about your goods. produc6 or services for the purpos8 ol attracting customers or
supporters, For the purposes of this definition:
a
1
a Notices that are published include material placed on the lnternet or on similar electronic means
of communication; and
b. Regarding ,,1€bsites, only that part ol a \ Ebsite that is about your goods, products or services
lor the purposes o{ attsacting customers or supporters is considered an ad\€rtisement.
2. " Auto" means:
a, A land motor vehicle, trailer or semifailer designed for travel on public roads, including any
attached machinery or equipment; or
b, Any other land vehicle fiat is subject to a compulsory or financial responsibility law or ofier
motor vehicle insurance law in the state where it is licensed or principally gsraged.
Hov\ever, "auto" d@s not include "mobile equipment",
3. 'Bodily injury" means bodily injury, sickness or disease sustained by a person, including death
resultng from any of these at any time.
4. " Coverage territory" means:
The United States of Arnerica, including its territories and possessions, Puerto Bico 8nd
C anada;
a
LX964r (OZr 1)
lncludcs Copyright.d lnformation ol lnsuranc. Scrvic..
Ofliccs, lnc. , ith it! p.rmisiioh- All Rights B.3crv.d.Page 15 ol 24
EffiI*&itl'rtffi.t
*#-#t+i ^siaffi#
page 39 of 79
b. lnternatjonal waters or airspace, but only i, the iniury or damage occurs in the course o, travel
or transportation betvreen any places included in Paragraph a. above; or
c. Anpthere else in the raorld with the exception ol any country or jurisdiction v\hich is subiect to
trade or other economic sancton or embargo by fie United StaEs o, America iI the injury or
damage arises out ol:
(1) Goods or products made or sold by you in the territory described in Paragraph a. above;
(a The activities ol a person v\hose home is in he territory described in Paragraph a. above,
but is a'aay for a short time on your business; and
(3) "Personal and advertjsinq iniury" offenses trat t3ke place thro-rgh the lnternet or similar
elecronic means oJ communication
provided the insured's responsibility to pay damages is deermined in a "suit" on tle meriB, in
the territory described in Paragraph a. above or in a setdement ue agree to.
Payment o, loss under this policy shall only be made in full compliance vdth all United States o{
ATerica economic or trade sanction lav\,s or regulations, including, but not limibd to, sanctions,
laraa and regulations adminis@red and enforced by the U.S. Treasury Department's Office of
Foreign Assets Conrol ('OFAC").
5. "Employee" includes a "leased ranrker". 'Employee" does not include a 't€mporary \orker".
6. "Executive orfcer" means a person holding any of the offcer positions created by your charter,
consttution, by-laras or any other similar governing document.
7. "Hostile fre" means one wtrich becomes uncontrollable or breaks out fom where it v\6s intended to
be,
8. "lmpaired property" means tangible property, other than "your product' or "your raork", trat cannot
be used or is less useful because;
a. lt incorporates "your product' or 'your vrork" fiat is knowt or thought to be defuctive, defcient,
inadequatB or dangerous; or
b. You have biled to fulfill lhe terms ol a contract or agreement;
i{ such property can be restored to use by the repair, replacement, adjustrnent or removal of "your
product" or "yaJr \ ork" or your fulfilling the terms o{ the contact or agreement.
9. "lnsured contract" means:
a. A contract for a lease of premises. Houever, that ponion of the contact for a lease oI
premises that indemnifies any person or organization ior damage by fre to premises wtlile
rented to you or Emporarily occupied by you vrith permission of the ow'ler is not an "insured
contr8ct";
b. A sidetrack agreement;
c. Any easement or license agreement, except in connection v'rith construction or demolition
opgrations on or \ ithin 50 feet of a railroad;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection \itrl
raork {or a municipality;
s. An €levator maintenance agreement;
f. That part of any other contract or agreement pertaining to your business (including an
indemnifcation ol a municipality in connection Vrith uork pBrformed for a municipality) under
lhich you assume the tort liability ol another party to pay for "bodily iniury" or " property
damage " to a third person or organization. Tort liability means a liability fiat \/\orJld be imposed
by law in the absence ol any contact or agreement.
Paragraph f. does not include that part of any contract or agreement:
3
LX9641 (O2/11)
lncludc! copyrighrad lntormrtion ol lnrurancc Scrvic.3ottio.!, lnc. dth it3 p.rmiirion. All Rights R.s.rv.d.Page 16 ot 24
Es[4Cffi pags 40 of 79
l1) That indemnifes a railroad br "bodily injury" or "property damage' arising out ol
consruction or demolition operations, \ ihin 50 ftet of any railroad property and arfucting
any railroad bridge or resie, uacks, roadbeds, trnnel, und€rpass or crossing;
{? That indemnifos an architsct, engineer or surveyor {or injury or damaga arising out ol:
(a) Preparing, approving, or fuiling to prepare or approve, maps, shop drav\ings, opinions,
reports, surveys, feld orders, change orders or drav\ings and specifcstions; or
(b) Giving directions or instructions, or fuiling to give them, if hat is fie primary cause of
the injury or damage; or
(3) Under which the insured, il 8n architect, engineer or surveyor, assum€s liability br an injury
or damage arising out o, the insured's rendering or failur€ to rendsr profussional services,
including those lisEd in (2) above and supervisory, inspection, architectrral or engineering
acivities.
10. "Leased \Drker" means a person leased to you by a labor leasing frm under an agreement
bet!\€en you and the lsbor leasing frm, to perbrm duties related to the conduct oI your business.
^Leased 'aorker" does not include a "temporary raorker'.
11. "Loading or unloading" means the handling of property:
a. Atter it is moved lrom the place vrhere it is accepted for movement into an aircraft, \ atercraft or
"auto";
b. \Mrile it is in or on an aircraft, v\Etercraft or "auto"; or
c. \Mrile it is being moved lrom an aircraft, v,iatercrart or "auto" to the place uhere it is fnally
delivered;
But "loading or unloading' does not include lhe mo\r'ement o, property by means of a mechanical
device, other than a hand truck, that is not attached to the aircraft, 'aatercraft or "auto".
12 'tVobile equipment' means any ol the follol,ring types ol land rehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, lolklifts and other \r'ehicles designed br use principally off public
roads;
b. Vehicles maintained for use solely on o{ next to premises you o\4n or rent;
c. Vehicles that travel on cra\Aler treads;
d. Vehicles, v*rether selr-propelled or not, maintained primarily to provide mobility to permanonty
mounted:
(1) Povrer cranes, shovels, loaders. diggers or drills; or
(2 Road construction or resurfacing equipment such as graders, scrapers or rollers;
e. Vehicles not described in a., b., c. or d. abo\.e lhat are not self-propslled and are maintained
primarily to provide mobility to permanenty attached equipment ol h6 follo\ ing rypes:
(1) Ar compressors, pumps and generators, including sprsying, \^€lding, building cleaning,
geophysical erploration, lighting and uell servicing equipmenU or
(2 Cherry pickers and similar devices used to raise or lovrcr uorkers;
f. Vehicles not describad in a., b,, c. or d. above maintained primarily for purposes other than tte
transponation oI persons or cargo,
Hovvgver, self-propelled vehicles v\ith the follonring types of permanendy sttached equipment are
not "mobile equipment' but \^,ill be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not constructjon or resurracing; or
lncludr. Copyrightrd ln{ormrtion ol ln!ur.ncc S.rvio..
LX9641 (0211) olfic.., lnc. Yirh hs pcrritsion. All Right! Rc.civ.d. Ptgo 1, d24
A
I
HSt&ttffi page 4'1 of 79
(c) Sreet cleaning;
(2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to
raise or lo\,^er uorkers; and
(3) Air compressors, pumps and generators, including spraying, raelding, building cleaning.
geophysical exploradon, lighdng and \ Ell servicing equipment.
Hou€ver, "mobile equipment" does not include land \€hicles that are subiect to a compulsory
or fnsncial responsibility law or other motor vehicle insurance law in the state v\here it is
licensed or principally garaged, Land vehicles subject to I compulsory or fnancial responsibility
law or other motor vehicle insurance law are considered "autos".
13. "Occurrence" means an accident, including continuous or repeated eposure to substantially the
same general harmful conditions.
ln fre event ol continuing or progressively det€riorating damage over any length ol time, such
damage shall be deemed to be one "occurrence", and shall be deemed to occur only \Ahen such
damage frst commences.
14. "Personal and ad\rertising injury" means iniury, including consequential "bodily injury", srising out ol
one or more of the follolting offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The v\rongful eviction ,rom, v\rongful enry into, or invasion o{ he right o{ private occupancy of a
room, dv\elling or premises that a person occupies. committed by or on behalf ol its o',mer,
landlord or lessor;
d. Oral or witten publication, in any manner, of material that slsnders or libels a person or
organization or disparages a person's or organization's goods, products o( services;
o. Oral or witEn publication o, material hat violates a person's right ol privacy;
f. The use o{ anofier's advertising idea in your 'advertisement"; or
g. lnlringing upon another's copyright, trade dress or slogan in your "advertisement",
15. "Pollutan$" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and waste, waste includes materials to be recycled,
reconditioned or reclaimed.
16. "Products-completed operations hazard ":
a. lncludes all "bodily injury" and "property damage' occurring a\nEy ftom premises you ov'n or
rent and arising out of "your product" or "your \nork" except:
(1) Producls that are still in your physical gossession; or
(Z Worf that has not yet been completad or abandoned. Ho\€ver, "your v\Drk" \ill be
deemed completed at the earliest of the frollo\ ing times:
(a) Vwren all o, th6 \^ork called for in your contract has been completed.
{b) Wren all o, the \4Drk to be done at the job site has been completed if your contsact
calls ror \ ,ork at more th€n one job site
(c) \fuhen that part o{ the \ ork done at a iob site has been put to its intended use by any
person or organization otler $an another contactor or subcontractor \^Drking on the
same project.
Work tlat may need service, maintenance, correction, repair or replacement, but which is
otherv\ise complete, \ ill be deemed as completed.
b. Does not include "[6{ily injury" or "property damage" arising out or:
(1) The ransportation of propeny, unless the iniury or damage arises out ol a condition in or on
lncludcr Copyright6d lnlorm.tion ol ln.ur!no. S.ivicc!
LX9641 (OZII) Ollic!., lnc \ilh il. ptrnittion All Righit R.t.rvtd Pag.lBd2+
75
tsffiitffi pags 42 of 79
a vehicle not ovned or operated by you, and tlal condition \16 created by the "loading or
unloading" ol tlat vehicle by 8ny insured;
(a The etsEnce oJ tools, uninstalled equipment or abandoned or unused maErials; or
{3) Products or operations lor nhich the classification, lisEd in the Declaralions or in a policy
schedule, states trat products-completed operations are subiect to the General Aggregate
Limit.
17. "Property damage " means:
a. Ph!6ical iniury to tangible property, including all resulting loss o, use of that property. Al such
loss ot use shall be deemed to occur at the time oJ the physical injury that caused it; or
b. Loss ol use of tangible property hat is not physicslly injured. Al such loss of use shall be
deemed to occur at the time ol the "occurrence" that caused it.
For the purposes of tris insurance, electronic data is not tangible property.
As used in this defnition, electronic data means information, facts or programs stored as or on,
created or used on, or tansmitEd to or from compuEr softv\aro, including systems and applications
soft\ 6re, hard or ioppy disks, CD-BOfvE, tapes, drives, cells, data processing devices or any other
media vhich are used \ ith electronically controlled equipment.
18. 'Suit" means a civil proceeding in \ fiich damages because of "bodily injury", "property damage",
"personal and advenising injury" to which this insurance applies are alleged. "Suit' includes:
a. An arbkation proceeding in \^hich such damages are claimed and to v*lich fiB insured must
submit or does submit v'\,itr our consenu or
b. Any other alternative dispuE resolution proceeding in \i*rich such damages are claimed and to
wtrich the insured submits \jtl our consent.
19, "Temporary \ orker" means a person l^tro is furnished to you to substitute lor a permanent
"employee" on lea\e o( to meet seasonal or short-term vrorkload conditions.
20. "VolunGer \ orker" means a person \,ho is not your "employee", and v*lo donates his or her vlofk
and acG at the dkection ol and \ ithin the scope ot duties debrmin€d by you, and is not paid a lee,
salary or other compensation by you or anyone else for thek uork psrbrmed for you.
21. "Your product"
a. lvleans:
(1) Any goods or products, other than real property, manu{acturad, sold, handled, distributed or
disposed ol by:
(a) You;
(b) Others tading under your name; or
(c) A person or organization vfiose business or assets you have scquired; and
(2 Containers (other than vehicles), materials, parts or equipment furnished in connection !{th
such goods or products.
b. lncludes:
11) Warranties or representations made at any time vrith respect to the fmess, quolity,
durability, perlormance or use of "your product"; and
(2 The providing ol or {ailure to provide raarnings or instructions.
c. Does not include vending machines or other property rented to or located for the use ol ofi€rs
but not sold.
22 "Your \ ork"
a. lVleansr
(1) Work or operations performed by you or on your behal{; and
(A Materials, parts or equipment furnished in connection vrith such uork or operations.
lnolud.. Copyrlghr.d lnlorrnllion ol lnturano. Slrviccr
LX9641 (02y'11) Officc!, lho. rtith itr p.rnt..ion. All Right! n..crv.d. P.g.1Cot24
ffi page 43 ol 79
b. lncludes:
(1) Warranties or representations made at any time ,aith respect to the frress, quality,
durability, performance or use o{ "your \,ork"; and
(2 The providing ol or failure to provide warnings or instructions.
sEcTroN v - coNDrTroNs
1. B ankruptcy
Bankruptcy or insolvency of the insured or of the insured's estate v\ill not relieve us ot our
obligations under this policy.
2 Dulies ln The Event OI Occurrence, Oftenso, Claim or Suit
L You must see to it fiat lrE are notifed as soon as practicable o{ an "occurrence" or an offense
which m8y result in a claim. To the exEnt possible, notice should include:
(1) How, v len and r here the "occurrence" or offense took place;
(2 The names and addresses of any injured persons and v.,itnesses; and
(3) The nature and location ot any injury or damage arising out o{ the "occurrence" or ofiense.
b. l, a claim is made or 'suit" is brought against any insured; you must:
(1) lmmediately record the specifcs oJ the claim or "suit" and the daE received; and
(A Notify us as soon as practicable.
You must see to it that v\p receive witEn notice of the claim or "suit" as soon as practicable.
c. You and any other involved insured must:
(1) lmmediately send us copies of any demands, notces, summonses or legal papers received
in connection v\ib the claim or "suit";
(2 A-rthorize us to obtain records and other inrormation;
(3) Cooperate rrrith us in the investigation or setdement ol fie claim or defense against the
"suit"; and
(41 Assist us, upon our request, in the enbrcement o, any right against any person or
organization wfrich may be liable to the insured because ol injury or damage to uhich this
insurance may also apply.
d. No insured vr,ill, except at that insured's ovtrr cost, voluntarily make a payment, assume any
obligation, or incur any expense, other fian for first aid, \ ithout our consent.
3. Legal Action Against Us
No person or organization has s right under this policy:
a. To join us as a party or otherv\ise bring us into a "suit" asking lor damages lrorn an insured; or
b. To sue us on this policy unless all o, its terms have been fully complied \^ith.
A person or organizaton may sue us to recover on an agreed sedement or on a final judgment
against an insured; but \^E \ ill not be liable ior damages that are not payable under the terms o, this
policy or that are in excess o, the applicable Limit of lnsurance. An agreed settlement means a
settlement and release o, liability signed by us, the insured and fle claimant or the claimant's legal
re Pre s e ntstive .
4. Oth6r lnsulanco
l{ other valid and collectiue insurance is available to the insured for a loss \^€ cover under
Coverages A or I ot this policy, our obligatrons are limited as tollo\ l3:
a. Primary lnsulance
LX9641 (O2/11)
lnclud6! Copyrieht.d lnlormlrion ol lnlurshc! S.rvicc!Otfic.r, lnc. uith it! p6rmit.i6n. All Righr! R6torvad.Page 20 ol 24
page 44 of 79
This insurance is primary except when b. Excess lnsurance, b€low applies. lrthis insurance is
primary, our obligatons are not affected unless any ol the other insurance is also primary.
Then, v\e v\ill share \ ith all that other insurance by the method described in c. lvlethod of
Sharing, below.
b. E xcoss lns urance
(1) This insurance is excess over:
(a) Any o{ the other insurance, v*rether primary, excess, contingent or on any other basis:
(i) That is Fire, Extended Coverage, Builder's Risk, lnstallation Risk or similar cover6ge
for "Your raork";
(ii) That is Fire insurance for premises rented to you or temporarily occupied by you
ldth permission of the ov',ner;
(iii) That is insurance purchased by you to cover your liability as a tenant lor "proporty
damage" to premises rented to you or temporarily occupied bV you v\i$ permission
of the o\ ner; or
(iv) ll the loss arises out of tle maintenance or use of aircraft, "autos" or uatercraft to
the extent not subiect to Exclusion g. of SECTION I - COVERAGES, COVERAGE
A. BOOILY INJURY AIID PROPEHTY DAI\4AG E LIABILITY.
(b) Any other primary insurance available to you covering liability Jor damages arising out of
the premises or operations, or tre products and completed operatons fior which you
have been added as an additional ingured by attachment of an endorsement.
(2 When this insurance is excess, rrc vrill have no duty under Coverages A or B to deJend the
insured against any "suit" if any other insurer has a duty to deftnd the insured against that
"suit". l{ no other insurer defunds, v1E \ ill undertake to do so, but rae vrill be entited to tle
insured's rights against all those other insurers.
(3) Wren this insurance is excess over other insurance, v\E r /ill pay only our share ol the
amount of the loss, if any, that exceeds the sum of:
(a) The total amount trat all such other insurance \4ould pay for the loss in the absenco o,
this insurance; and
(b) The total o, all deductible and self-insured amounts under all that other insurance.
(4) We will share the remaining loss, if any, vlith any other insurance that is not described in
this Excess lnsurance provision and uas not bought specifically to apply in excess o{ the
Limits o{ lnsurance shor,rn in the Declarations of this policy.
c. Method of Shsring
lf all o{ the olher insurance permits conuibuton by equal shares, \ € \ ill ,ollow this method also.
Under this approach each insurer contributes equal amounts untl it has paid its applicable limit
of insurance or none ol the loss remains, \ hichever comes frst.
l{ any of the other insurance does not permit contibution by equal shares, vre vrill contribute by
limits, Under this method, each insurer's share is based on the ratio of its applicaue limit of
insurance to tte total applicable limits ol insurance of all insurers.
5. Premium 8nd Audit
a. We \ ill compute all premiums ior this policy in accordance \ ith our rules and rates.
b. lf the premium ,or this policy is a iat premium, it is not subject to adjustment, except that
additional premiums may be required for any additional e&osure and/or insureds, or as provided
for in Condition 9 Cancellation.
The Premium shovrn in ltem 4.A. of he Declarations as the Total Advance Premium is a deposit
premium only. lf the policy is subject to audit adjustment, the actual e)eosure base will be used to
compute the earned premium, lf the earned premium is greater than the Total Advance Premium,
lncludc! Copyright6d lnlotmttion of lnsur.no. S.rvlcot
LX9641 (0211) olficos, lnc. $jth it! P6rmilsion All Righlt R6rcrv.d. PEga 21 d24
378
ffi
[Ht]E#*rrE&}T
page 45 of 79
the frst Named lnsured vrill pay the dilftrence to us due and payable upon notice. Subject to
the Annual Minimum Premium shom in ltem 4.8. ol the Declarations, if the earned premium is
less than the Total Advance Premium, \ € \ ,ill reurn the dilfurence to the frst Named lnsured.
c. The first Named lnsured must keep records o{ th6 information vre need lor premium
computaton. and send us copies at such times as v\e may request. The first Named lnsured
sho\ n on the Declarations is responsible ior the payment o, all premiums and \^ill be the payee
br any rett-rrn premiums \ e pay,
6. Reprosentations
By accepting this policy, you agree that:
a. The statements in the Declarations are accurate and complete;
b. Those statements are based upon representations you made to us; and
c. We have issued this policy in reliance upon your representations.
7. Separation Ol lnsureds
Except \ ith respect to the Limns o{ lnsurance, and any rights or duties specifcally assigned in this
policy to the frst Named lnsured, this insurance applies;
a. As it each Named lnsured raere the only Named lnsured; 8nd
b. Separately to each insured against whom claim is made or "suit" is brought.
8. Transler Of Rights OI Recovery Agsinst Othors To Us
lf the insured has rights to recover all or part oI any payment rae have made under this policy, fiose
rights are transfurred to us. The insured must do nothing alter lo6s to impair them. At our request,
the insured vrill bring "suit' or transftr those rights to us and help us enforce them.
9. Cancsllation
a. The frst Named lnsured shoran in the Declarations may cancel this policy by mailing or
delivering to us advance Mritten notice of cancellation.
b. We may cancel tris policy bv mailing or delivering to the frst Named lnsured witen notice of
cancellation at least:
(1) 10 days beiore the etfective dab of cancellation it u€ cancel Jor nonpayment ol premium;
ol
(? 3O days before the efftctive date o{ cancellation il \ € cancel ior any other reason.
c. We \ ill mail or deliver our notice to the first Named lnsured's last mailing address knov,r'r to us.
d. Notice of cancellation \dll state the ettective date o{ cancellation. The policy period \ill end on
fiat date.
e. ll this policy is canceled, ue rMll send lhe frst Named lnsured any premium refund due. ll rae
cancel, tle refund \.ill be pro rata. ll the frst Named lnsured cancels, earned premium \ill be
calculated in accordance 'rlith the customary short-rate table and procedure, or the Mnimum
Earned Premium at lnception oJ the policy shov,r'r in ltem 4.C. of tre Declarations, v\hich ever is
greater. The cancellaton uill be ef{ective even il \ € have not made or o{ferod a refund.
f. lf notice is mailed, proof of mailing \^ill be sufficient proof ol notice.
10. Changos
This policy contains all the agreemenB betr een you and us concerning the insurance
afforded. The first Named lnsured shovrn in the Declarations is authorized to make
changes in the terms ol this policy v\ith our consent. This policy's terms can be amended
or v\€ived only by endorsement issued by us and made a pan o, this policy
11. Examinstion oI your Books snd Rscords
7g
LX9641 (O2r'11)
lncludc! Copyright6d lnformrtion ol lnlur.hco S6rvicos
Offico3, lnc. lrith ir! pormission. All Riehr! R.r.rvcd.Page 22 ol 24
I
Hffi#ffi pago 46 of 79
We may examine and audh your books and records as tley relate to this policy at any lime during
this policy period and up to three )rears after\ €Id.
12 Change ln Contsol
a. llthe frst Named lnsured designated in ltem 1. ofthe Declarations consolidates \ith or merges
into, or sells all or substantially 8ll ol its assets to any person or entity; or
b. lf any person or entty acquires an amount of the outstanding ov'nership interests representing
more lhan 50o/o ol tre voting or designation po\n€r for the election ol directors o{ the first
Named lnsured designated in ltem 1. oI the Declarations, or acquires the voting or designalion
rights o{ such an amount o{ owtership interests;
this policy \ill continue in full frcrce and ettect as to "bodily iniury" and "property damage" that
occur prior to the effective date o, such tansaction and "personal and adwrtising injury" caused by
an "occurrence" trat takes place prior to the eJfuctive date ol such tansaction. There vrill be no
coverage afforded by this policy lor "bodily injury" or "property damage" that occurs on or after the
efrective date such transaction and "personal and advertising injury" caused by an "occurrence"
that takes place on or alter the e{tcdve date ot such uansaction.
13. lnspections and Surveys
We have the right but are not obligated to:
o. Make inspections and surveys at any time;
b. Give you reports on the conditions \ € fnd; and
c. Recommend changes.
Any inspections, surveys, repons or recommendations relate only to insurability and the premiums
to be charged. We do not make saftty inspectons. We do not undertake to perform the duty of
any person or organization to provide Jor the health or safuty of ',&orkers or the public, and vu9 do
not wErrant fiat conditions:
a. Are safu or healthful: or
b. Comply \ifi la\&s, regulations, codes or standards. This condition applies not only to us, but
also to any rating advisory, rate service or similar organization v\hich make insurance
inspections, surveys, reports or recommendations.
14. Transler oI your Rights and Duties Under This Policy
Your rights and duties under this policy may not be translerr€d r,^ithout our v\rittsn consent except in
the case ol death o{ an individu8l Named lnsured. lt you die, your rights and dutes \ill be
tanslerred to your legal representatiw, but only wtlile acting 'aithin the scope of duties as your l6oal
representative. Until your representative is appointed, anyone having proper temporary custody o,
your property r,rill hare your rights and duties but only \ ith respect to that property.
15. Service Of Suit
ln the event o{ the bilure ol tle Cornpany to pay any amount claimed to be due hereunder, v\o, at
the request of the lnsured, \ ill submh to the jurisdiction o, a court of competent jurisdiction \ it.lin
the United States. Nothing in tris condition constitutes or should be understood to constitute a
\^Eiver by us o, our rights to commence an action in any court of competent jurisdiction in the
United States to remove an action to a United States Disrict Court or to seek a uansfer of a case
to anotrer court as permitted by the lavrs of tle united states or of any state in $€ united ststes.
It is further agreed that service o, process in such suit may b€ made upon Counsel, Legal
Department, Lexington lnsurance Company, 99 High Sfeet, Boston, Massachusatts 021 10 or his or
her representative, and trat in any suit institutod against us upon this policy, \ E ,rill abide by th€
final decision oJ such court or of any appellate coun in the event o{ an appeal.
Furfrer, pursuant to any statute of any state, Grrhory, or district of the United States \^hich makes
provision therefor, v\E hereby designate the Superintendent, Commissioner or Director ol lnsurance,
or other otfcer specifed for that purpose in the statute, or his or her suecessor or successors in
olfce as our true and lawful attorney upon \ hom may be served any lavyful process in any action,
lncludcs Copyright.d lnlotmltion ot lh!u.anc6 Sorviocr
LX964l (ozll) ofticc!, lnc. tilh il. P6.ni.tion All Rightt R6..rv6d P.ge23al24
380
SHtrA}
HS,#
page 47 of 79
suit, or proceeding instituted by or on behall ol fie lnsured or any benefciary hereunder arising out
of this policy oI insurance, and hereby d€signaEs the above named Counsel, Legal Depanment,
Lexington lnsurance Company, 99 High Steet, Boston, Massachusetts 02110, as fle person to
vrfrom the said oficer is authorized to mail such process or a rue copy therool.
16. Arbitration
Notwthstanding Condition 15, Service of Suit, above, in tle event of a disagreement as to tre
interpretadon ot this policy {except v\ifi regard to v*rether this policy is void or voidable), it is
mutually agreed fiat such dispute shall be submittsd to binding arbifation belore a panel of three
(3) Arbitrators consisting of tv\,o (2) party-nominated (non-impanial) I\rbitrators and a third (impartial)
Arbitrator (hereinalter "umpire") as the sole and exclusire remedy.
The party desiring arbitration o, a dispute shall notify the other party, said notce including the name,
address and occupation of the Arbrtrator nominated by the demanding party. The other party shall,
\ ithin 30 days follov\ing receipt o, the demand, notifv in witing the demsnding party of lhe name,
address and occupation o, tle Arbitrator nominated by it. The t\^o {2) arbifators so selected shall,
\ itlin 30 days oI the appoinrn€nt of the second Arbitrator, select an umpire. lI the Arbivators are
unable to agree upon an umpire, the selection o{ the umpire shall be submited to the Judicial
Arbitration and fMediation Services (hereinafEr, "JAN4S"). The umpire shall be selected in
accordance vr,ith Rule 15 (as may be amended ftom time to 6me) ol the JAMS Comprehensive
Arbitration Bules and Procedures for the selection of a sole arbitator.
The parties shall submit their cases to tre panel by \ ritEn and oral evidence at a hearing time and
place selecred by the umpire. Said hearings shall be held \ ithin 30 days o, the selection ol the
umpire. The panel shall be relieved of all iudicial formality, shall not be obligaEd to adhere to he
strict rules ol law or of evidence, shall seek to enbrce the intent o, the parties hereto and may refer
to, but are not limited to, relevant legal principles. The decision of at least tl,lo (2) of the three (3)
panel members shall be binding and fnal and not subiect to appeal except br grounds o, faud and
gross misconduct by the Arbitrators. The av\€rd \ ill be issued within 30 days of the close of the
hearings. Each party shall bear e)eenses of ib designabd Arbitrator and shall icindy and equally
share rrrith the other the expense o, the umpire and the arbitration.
The arbitation proceeding shall take place in the vicinity of the frst Ntrned lnsured's mailing
address as shovfi in the Declarations or such other place as may be mutually agreed by the frst
Named lnsured and us. The procedural rules applicable to this arbitration shall, except as provided
otherhise herein, be in accordance witr the JAIvIS Comprehensive Arbhration Rules and
Procedures,
lN WTNESS WHEREOF, rhe lnsurance Company identified on the Declarations has caused this policy
to be signed by its President, Secreury and a duly authorized representative oI the lnsurance Company.
,e,k Ja1/t. .Y, (1#-- Presldent -.
LX9641 (O2/11)
lncludci Copyrightcd lnlormarion ol lnsur.nca S.rvicc!
Ortic.!. lnc. vlilh ils pormilsiorl. All Righr! R6!.rvad.Page 24 ol 24
HItSr*
Rffi
pago 48 of 79
ENDORSEMENT
o2t14t2@2This ondorssmont, efloctivo 12:O1 AM
Forms a pa ot policy no.: 065463'rao
lssu6d to: Leighton Consulting lnc
By: LEXINGTON I NSURANCE COIIPANY
CANCELLATION AMENDMENT
ln consideralion of the premilrm charged, it is hereby agreed thal the csncellstion provision is amended
to 90 days in lierr ol (301 d8vs, except for non-payment ol premium which remains (1Ol days.
Al other terms and conditions remain lrnchanged.
,r7*-
Authorized R 6presonrr dv€ OR
Countorsignatu16 (ln stat6s where applicablel
4U?
LX95a6 r02,03t
*#q.rffi
Leighton Consulting lnc
8A3R7084:l1224ilc
PROVISIONS
'1. The following is added to Paragraph A.1.c., Who
ls An lnsured, of SECTIoN ll - COVERED
AUTOS LIABILITY COVERAGE:
This includes any person or organizataon who you
are required under a written contracl or
agreemenl between you and lhat person or
organization, that is signed by you before the
"bodily injury" or "propBrty damage" occurs and
that is in effect during the policy period, lo name
as an additional insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the e{ent of
that person's or organization's Iiability for the
conduct of another "insured"
page 50 ol 79
2. The following is added to Paragraph B.5,, Other
lnsurance of SECTION lV - BUSINESS AUTO
CONDITIONS:
Regardless of the provasions of paragraph a. and
paragraph d. of this parl 5. Other lnsurance, this
insurance is primary to and non-contributory with
applicable other ansurance under which an
additional insured person or organization is the
first named rnsured when the writlen contracl or
agreement between you and that person or
organization, that is signed by you bsfore the
"oodily injury" or "property damage" occurs and
thal is in effect during the policy period, requires
this insurance to be primary and non-contriDulory.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - PRIMARY AND
NON.CONTRIBUTORY WITH OTHER INSURANCE
This endorsement modifies insurance provided under the follor/ing
BUSINESS AUTO COVERAGE FORM
431J1
cA T4 74 02 16 u ml6 The Travele6 lndemnity Company All nghts reserved
lnoludes copyrighted matenalol nsuranc,€ Services Omce. lno with ts permBsion
Page '1 of 'l
COIVII\,1ERCIAI AUTO
pag€ 52 of 79
Loighton Consulting lnc
8A3R708431224i1G
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET WAIVER OF SUBROGATION
This erdorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
The following replaces Paragraph A.5., Transfer ot
Rlghts Of Recovery Against Others To Us, of the
cONDtrloNS Section:
5. Transfer Of Rights Of Recovery Against Oth-
ers To Us
we waive any right of re@very we may have
against any person or organization to the extent
required of you by a written contract executed
prior to any 'accident' or "loss', provided thal the
"accident" or "lo6s" arises out of the oper€iions
contemplated by such contracl The warv€r ap-
plies only to the person or organiation dcsig-
nated in such contract.
4i)ltti
cA T3 40 02 15 O2015 Ih€ Im!6lers Ind€mflrly Compeny All nghls r66€r\ad.
lndudos copyflghtod mal€nalof hsurance S€rvtaa6 Olfias,lnc. \Mh [s p€rmrsslon
Page 1 of 1
[H4]&iE*u5i=
pag6 54 of 79
-.TRAYETERSJ WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICYoNE TOWER SOUARE
HARTFORD CT 05183
ENDORSEMENT WC 99 03 76 ( A) - oo1
POLICY NUMBER: UBr R5099812243G
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WATVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enicrce our right against the pe6on or organization named in the Schedule.
The additional premium for this endorsement shall be 2-00 % of the Caliiornia wo*ers' compensation pre-
mium.
Sched ule
Person or Organization
ANY PERSON OR ORG}NIZATION POR
I{EICH THE INSURED HAS AGREED
BY }IRITTEN CONTRACT EXECIITED
PRIOR TO IOSS TO ?URNISII TSIS
}TAIVER .
Job Description
AllOperiti0ns
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise
stated.
Cfhe lnformation b€low is required only when thls endorsement ls lssued subsequent to preparatlon of
the policy.)
Endorsement Effective 09/012022 Policy No. UB1F50S9812243G Endorsement No.
lnsured Leighton Cohsulling lnc Premium
lnsurance Company
13IJ8
DATE OF ISSUE:ST ASSIGN:
Countersigned by
Page 1 of 1
W*ffi
H'#+
EE*
pago 56 of 79
Leighlon Consulting lnc 006546318
LEXNGTON INSURANCE COMPANY
Administrative Offices: 99 High Strset, Boston, Massachusetts 02110
Commercial Umbrella Liability Policy
Occurtence Form
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights.
duties and v\hat is and is not covered.
Throughout this policy the v\Drds "you" and 'your" refer to the "Named lnsured" shovrn in he
Oeclarations and any other person or organization qualifying as an "lnsured" under this policy. The
\,l,ords "\ e," "us" and "our" refur to the company providing this insurance
Words that appear in quotation marks have special meaning. Reler to SECTION V - DEFINITIONS.
SECTION I . INSURING AGREEMENT - COMMERCIAL UMBRELLA LIAAILITY
A. We Vrill pay on behalf ol the "lnsured" those sums in excess oJ the 'Retained Amount" that he
"lnsured" becomes legally obligated to pay as damages because of 'bodily iniury", "property
damage". or "personal and advenising iniury" to wtrich this insurance applies The amount \ re \ ill
pay is limited as described in SECTION lV' LIMITS OF INSURANCE,
No other obligation or liability to pay sums or perform acts or services is covered unless exclicitly
provided for under SECTION ll - DEFENSE AND SUPPLEMENTARY PAYMENTS.
B. This policy applies, only it:
1. The "bodily injury" or "property damage" is caused by an "occurrence" frat takes place in the
"coverage territory"; and
2 The "bodily iniury" or "property damage" occurs during the "policy period";
3. The "personal and advertising iniury" is caused by oftense arising out of your business, but
only ii the olfunse rass committed in the "coverage territory" during the "policy period''; and
4. Prior to the "policy period", no "lnsured" shovn in Paragraph J.2.a. ol SECTION V
DEFINITIONS and, no offcer, no manager in your risk management, insurance or legal
departrnent and no "employee' v"ho was authorized by you to give or receive notice of an
"occurrence", offense, claim or "suh', knew that the "bodily iniury" or "property damage" hsd
occurred, in \ hole or in pan. or that an "occurrence" had been committed that caused "personal
and advenising injury". ll such an "lnsured", officer, manager or authorized "smployee" knew,
prior to tre "policy period", that the "bodily injury" or "property damage' had occurred or that an
"occurrence" had been committed that caused "personal and advenising injury", then any
continuation, change or resumption ol such "bodily injury", "property damage" or "personal and
advertising injury" during or after the "policy period" rrrill be deemed to have been knovfl prior to
the "policy period ".
C. ''Bodily injury", "property damage", or 'personal and advenising injury" wtrich occurs during the
"policy period" and was not, prior to the "policy period", knovfi to have occurred by any "lnsured"
shoM in Paragraph J.2.a. of SECTION V - DEFINITIONS or any officer, any managsr in vour risk
management, insurance or legal departnent or any "employee" authorized by you to give or
receive notice ol an 'occurrence", offense, claim or "suh", includes any continuation, change or
resumption oJ that "bodily iniury", "property damage", or 'personal and advertising iniury" after
fle end ot tle "policy period".
D. "Bodily injury", "propeny damage" or "personal and advertising injury" rrrili be deemed to hsve
been knov{l to have occurred at the earliest dme v*ten any "lnsured" shovn under Paragraph
J,2.a. of SECTION V. DEFINITIONS, any offcer, any manager in your risk management, insurance
or legal departrnent or any "employee" v,ho 'aas aufiorized by you to give or receive notice ol an
"occurrence", oJfunse, claim or "suit":
1. Repons all, or any part, of the "bodily injury", "property damage" or "personal and advenising
iniury" to us or any other insurer;
2 Receives a witten or verbal demand or cl6im lor damages because of the "bodily iniury",
"property damage" or "personal and advertising iniury"; or
OC-UMBR
1X9799 { 10/06l Pao. 1 of 24
tsiit[!#
Hf&r
page 57 of 79
3. Becomes av\€re by any other means that "bodily injury" or "property damage" has occurred or
has begun to occur or that an "occurrence" or offense has b€en committed that has caused or
may cause "personal and advertising injury".
E. Damages because ol "bodily injury" inciude damages claimed by any person or organization for
care, loss ot services or death resulting at any time lrom lhe "bodily iniury"
F. lf \ € are prevented by law or statute fom paying damages covered by this policy on behalf ot the
"lnsured", then v\E \ ill indemnify lhe "lnsured" br those sums in excess of the "Retained
Arnount".
SECTION II - DEFENSE AAID SUPPLEMENTARY PAYVTENTS
A. We nill have the right and duty to deftnd any "suit" against the "lnsured" that seeks damages for
"bodily iniury", "property damage" or "personal and advertising iniury" to \hich this insurance
applies, even il the "suit" is groundless, talse or taudulent wtreni
1. The total applicable limits of "scheduled underlying insurance" and any applicade "other
insurance" have been efiausted by payment o, damages to \ hich this policy applies; or
2 Subiect to Paragraph B. ot this Section ll, the damages sought because ol "bodily injury",
"property damage' or "personal and advenising iniury" vrould not be covered by "scheduled
underlying insurance" or any applicable "other insurance", even itthe total applicable limhs oI
either the "scheduled underlying insurance" or any applicable "other insurance" had not been
exhausted by the payment of damages.
lf u€ are prevented by law or statute from assuming the obligations specifed under this provision.
vre vrill oay any epenses incurred \ ith our consent.
B. We vr,ill have no duty to defund the "lnsured" against any "suh" seeking damages ior "bodily
iniury", "properry damage" or "personal and advertising injury" to \ahich this insurance does not
apply, including, but not limited to, Paragraph W. of SECTION lll - EXCLUSIONS.
C. \Mren u,B assume the defunse of any "suit" against the "lnsured" fiat seeks damages to which this
insurance applies, vre t^ill, subiect to the limits of insurance:
1. ln\€stigate, negotiate and setde the "suit" as vre deem appropriate; and
2 Pay the lollovring supplemsntary Paym€nts to the exEnt d1at such payments are not covered
by "scheduled underllng insurance" or any applicable "other insurance':
a. All e:rpenses \aE incur;
b. Premiums on bonds to release aftachments br amounts not exceeding fie applicable limits
of insurance of this policy, but \ ,e are not obligated to apply lor or furnish any such bond;
c. Premiums on appeal bonds required by l8w to appeal a ,udgement in a "suit" ioI amounts
not exceeding th€ applicable limits ol insurance otthis policy, but \€ are not obligated to
apply Ior or furnish any such bond;
d. All court co6ts ta)Gd against the "lnsured" in the "suit"j
e. Pre-iudgment interest a\ €rded against the "lnsured" on fiat part oI the iudgment \ ithin the
applicable limib oI insurance of this policy \ € pay, l{ rae make an ofler to pay the
applicable limit ol insurance, \,1€ \iil not pay any pre-judgment interest accruing alter ue
make such offer;
l. Post-judgment interest that accrues after enry of judgment on fiat part o, the judgement
\ ithin the applicable limits ol insurance of this policy \r\€ pay and before 'ae have paid'
offered to pay or deposited in court that part oJ fie iudgment fiat is wifiin the applicable
limits o{ insurance ol this policy; and
g. The "lnsured's" expenses incurred at our request or \ ith our consent.
D. Except as provided in Paragraph A above, u€ \ill have nodutyto de{end any "suit" against the
"lnsured". We \ ill, ho\aver, have the right, but not tre duty, to panicipate in the deftnse of any
"suit" 8nd the investgaton of any claim to wtrich t.lis policy may apply. lI v\€ exercise this right,
\ € \ ill do so at our owt exPense.
391
OC.UItBR
1X9799 tlCvOsI Pasc 2 ol 24
$#4#ffi page 58 of 79
E. We *itt not deftnd any "suit", or pay any attorney {ees or litigation expenses including, vrithout
limitation, the expenses described in Paragraph C.2., abow that accrue after the applicable limits ol
insurance of this policy have been etrausted by the payment o, damages and ue l'$ll have the right
to \Mthdraw fom fie further deftnse of such "suit" by Endering confol of said debnse to the
"lnsured".
SECTION III - EXCLUSIONS
This insurance does not apply tol
A. Expected or lntended lnjury
'Bodily injury", or "property damage" e&ected or intended from the standpoint oI the "lnsurod",
This exclusion does not apply to "bodily iniury" resulting lrom the use of reasonable lorco to
prote ct persons or propeny.
B. Contlactual Lisbility
"Bodily iniury" or "property damage" ior rrrtrich the "lnsured" is obligaed to pay damages by
reason of the assumption ol liability in a confact or agreement. This exclusion does not apply to
liability ,or damages:
1. That the "lnsured" \ ould have in the absence oI the contract or agreement; or
2 Assumed in a conEact or agreement tlat is an "insured contract" provided the "bodily iniury'
or "property damage" occurs subsequent to the e xecution ot the contract or agreement. SdelY
{or the purposes of liability assumed in an 'insured contact" reasonable atorney ftes end
necessary litigation erpenses incurred by or for a party other lhan an "lnsured" are deem€d to
be damages because of "bodily injury" or "property damage", and included v\iflin tte limits o,
insurance, provided:
8. Liabiliw to such party for, or lor the cost or. fiat party's deftnse has also beon assumed in
the same "insured contact"; and
b. Such attorney bes and litigation e)penses are Ior defunse of that party sgainst a civil or
alternative dispuu resolution proceeding in wtrich damages to \hich this insurance applies
are alleged.
C. Liquor Liability
"Bodily injury" or "propeny damage" ior v*lich any "lnsured" may be held liable by reason ol:
1. Causing or contributing to the intoxicaton o{ any person;
2 The furnishing ol alcoholic beverages to a person under the legal drinking age or undor the
inffuence of alcohol; or
3. Any statute, ordinance or regulation relating to the sale, gift, distribution or use of slcoholic
beverages.
Houever. this exclusion uill not apply i{ coverage is provided ior such "bodily injury" or "proporty
damage" by "scheduled underlying insurance".
Coverage under this policy {or such "bodily injury or "property damage" vrill ,ollow the brms,
defnitions, conditions and exclusions of "scheduled underlying insurance", subiect to the "policy
period", limits of insurance, premium and all other @rms, defnitions, conditions and exclusions o{
fiis policy. Provided, ho' ever, trat coverage provided by this policy \ ill b€ no broader than the
coverage provided by "scheduled underlying lnsurance".
D. workers' Compensalion and Similsr Laws
Any obligaton of the "lnsured" under a vr/orkeIs' compensation, disability b€nefits or unemploymont
compensation law or any similar law,
E. E.R.t.S.A.
Any obligation ol the "lnsured" under the Employee Retirement lncome Security Act ot 1974
(including amendments relatng to tle Consolidated Omnibus Budget Reconciliation Act ot 1985), or
any amendment or revision thereto, or any similar law or regulation.
392
O C.UIUBR
LX97S9 11U05)Pse. 3 ol 24
HanJ#ffi page 59 of 79
F. Auto Co verag8s
1. "Bodily injury" or "property damage" arising out o, the omership, maintenance or use o, any
"auto" \,tlich is not a "co\rered auto"; or
2 Any loss, cost or epense payaue under or resulting lrom any first party physical damage
coverage; no-fault law personal iniury protection or auto medical payments coverage; or
uninsured or underinsured motorist law.
G. Emptoyor's Liability
1. "Bodily injury" to an "employee" o{ the "lnsured" arising out o, and in the course of;
a. Employment by tre "lnsured";or
b. Perlorming dutjes related to the conduct of the "lnsur€d's" business; or
2 Any claim or "suit" brought by the spouse, child, parent, brother or sister ot that "employee"
as a consequence of paragraph 1 abow,
This exclusion applies:
1. Vvhether the 'lnsured" may be liable as an employer or in any other capacity; and
2 To any obligalion to share damages \ith or repay someone else v\ho must pay damages
because ol the iniury.
This exclusion does not apply to liability assumed by the "lnsured" under an "insured contract".
Vvilh respect to iniury srising out oI a "covered auto", tris exclusion does not apply to "bodily
injury" to domestic "employees" not entided to v\,orker's compensation benefts. For tro purpose
oI fiis insurance, a domestic "employee" is a person engaged in household or domestic raork
performed principally in connections uith a residence premises.
This exclusion does not apply to the extent that valid "scheduled underlying insurance" lor the
employer's liability risks described above etsts or \,ould have existed but for the e)haustion ol
underlying limits for "bodily injury".
Coverage under this policy ior such "bodily injury or "property damage" \ill lollow the terms,
defnitions, conditions and exclusions of "scheduled underlying insurance", subiect to the "policy
period", limits o, insurance, premium and all other terms, defnitions, conditions and exclusions of
this policy. Provided, ho\^€ver, that coverage provided by lhis policy \ ill be no broader than the
coverage provided by "sch€duled underlying insurance ",
H. Employment Bol8tod Practices
Any claim or "suit" alleging or assening in any respect loss, iniury, or damage (including
consequental bodily iniury) in connection v\ith "wongful termination", and/or "discriminaton ",
and/or "se)(,lal harassment".
The lolloWng defnitions apply to this exclusion:
"Wrongful termination" means termination oI an employment relationship in a manner \ hich is
against the law and wongful, or in breach ot an implied agreement to continue emploYment,
"Discrimination " means termination of an employment relationship or a demotion, or a Jailure or
refusal to hire or oromote an individual because o{ race, color, religion, age, sex, disability,
pregnancy, natural origin, sexual orientation or ofler protectsd cat€gory or characteristic
established pursuant to any applicable lederal, state, or local law, regulation, or ordinance.
'SexJal harassment" means un\€lcome se)ual advances and/or requests br sexJal favors and/or
other verbal or physical conduct o, a serual nature that (1) are made a condition ol employment
andlor 12) are used as a basis for employment decisions and/or (3) create a \,ork environment that
interfu res \Aith pertormance.
l. Pollution
This insurance does not apply to:
1. Any "bodily injury", "property damage" or "personal and advertising iniury" arising out ol tre
acuJal, alleged or threatened discharge, dispersal. seopage, migration, release or escap€ o{
"pollutants" anyv*tere at any time;
3
OC.UNtsN
LX9r99 t 10/05)Pasc 4 ol 24
It'Ji:{tffi pag6 60 of 79
Z Any lo6s, cost or e)eense arising out of any request. demand, order or statutory or regulatory
requirement that the "lnsured" oI olhers test for, monitor. clean up, remove, contain, tr6at,
detoxify or neutralize, or in any \ €y respond to, or assess the effucts of "pollutanB"; or
3. Any loss, cost or elpense arising out of any claim or "suit" by or on behalf oI a governmental
authority lor damages because of testing br, monitoring, cleaning up, removing, containing,
reating, detoxifying or neutralizing or in any uiay responding to, or assessing tle e{fucG ol
"pollutants ".
Horaever, Paragraph I o, this exclusion will not apply il coverage for such "bodily injury" or
"property damage" as is described in paragraphs 1 through 6 below is provided by "scheduled
underlying insurance";
1. Products-Complotgd Oporations Hazard
Paragraph 1 oI this exclusion does not apply \^ith respect to "bodily injury" or "proporty
damage" included rdthin the "products-completed operatjons hazard' provided ttat "your
product" or "your \ork" has not at snytime been:
a. Discarded, dumped, abandoned, throran auay; or
b. TransporEd, handled, stored, treated, disposed ol or processed as \ €ste; by anyone.
2 Hostilo Firo
Paragraph 1 of this exclusion does not apply vrith respect to 'bodily iniury' or "properry
damage" arising out ol heat, smoke or fumes ftom a "hostile fre".
3. Equipment to Heat the Euilding and Contractor/Lessee Operations
Paragraph 1 o{ this exclusion does not apply to:
a. "Bodily injury" sustained \ ithin a building and caused by smoke, fumes, vapor or soot
lrom equipment used to heat the building; or
b. "Bodily iniury" or "property damage" for wtrich you may be held liable if you are a
contractor and fre offrer or lessee of such premises, site or location has been added to
your policy as an additional "lnsured" with respect to your ongcing opBrations performed
,or trrat additional "lnsured" at such premises, site or location, and such premises, site or
location is not and never was ovned or occupied by. or rented or loaned to, any "lnsured",
other than the additional "lnsured".
4. Fuels, Lubricants and Other Operating Fluids - Mobile Equipment
Paragraph 1 ol this exclusion does not apply to:
8. "Bodily injury" or " property damage" arising out ol fie escape of fuels, lubricants or other
operadng fluids that are needed to periorm normal electrical, hydraulic or mechanical
funcdons necessary for the operation o{ "mobile equipment" or its parts il such fuels,
lubricants oI other operating fuids escape {rom a vehiclo pan designed to hold, stors or
receive them, This exception does not apply ilthe "bodily iniury' or " property damage"
arises out of the intentional discharge, dispersal or release ol the fuels, lubricants or other
operatng fuids, or iI such fuels, lubrican8 or ofier operating fluids are brought on or to
the premises, site or location \^itr fie intent that they be discharged, dispersed or released
as part o{ the operations being perfrormed by such insured contractor or subconfactor; or
b. "Bodily lniury" or "propeny damage' sustained \ ithin a building and caused by tle release
of gases, fumes or vapors lrom materials brought into that building in connection ! itrr
operatons being perlormed by you or on your behalf by a conractor or subcontractor.
5. Fuels, Lubricants, Fluids, Btc. - Auto
Paragraph 1 oI this exclusion does not apply to fuels, lubricants, iuids, e*laust gases
or other similar "pollutants" that are needed ,or or result from tle normal electrical, hydrsulic
or mechanical functioning of an "auto" covered by 'scheduled underlying insurance" or its
parE, it:
39.1
oc-urlBR
1X9799 {',lo/Os}Pago 5 ot 24
ffi page 0'1 of 79
a' The "pollutants" escape. seep, migraE. or are discharged, dispersed or released directly
lrom an "auto' pan designed by its manufucturer to hold, store, receive or dispose ol such
"pollutants "; and
b. The 'bodily injury" or "property damage" does not arise out of the operation oI any
equipment shovtr! in Paragraphs 6b and 6c o, the defnition o, "mobile equipment".
6. Upsst, Overtum or Damage of an Auto
Paragraph 1 o{ this exclusion does not apply to "occurrences" that take place a'^€y ,rom premises
ow'red by or rented to an "insured" \ ith respect to "pollutants" not in or upon an "auto' co\€red
by "scheduled underlying insurance" il:
s. Th6 "pollutants" or any property in r rich the "pollutants" are contained are upset, overturned
or damaged as a result ol lhe maintenance or use of an "auto" covered by 'scheduled
underlying insurance"; and
b. The discharge, dispersal, seepage, migration, release or escape ol tle "pollutants" is caused
directiy by such upset, overturn or damage.
Coverage under this policy ,or such "bodily injury" or "property damage" as is described in
subparJgraphs 1 through 6 above r,.rill lollow the terms, defnitions, conditions and exclusions of
,'scheduied underlying insurance", subject to the "policy period", limits ot insurance, premium and
all other erms, definitions, conditions and exclusions ol fiis policy. Provided, ho\ever, that
coverage provided by this policy \,{ill b€ no broader tran the coverage provided by "scheduled
underlying insurance".
J. Arcraft Or Wstatcratt
,'Bodily injury" or "property damage" arising out ol fre ov'nership, maintenance, use or entustment
to others ol any aircraft, or watercraft ovned or operated by or renEd or loaned to any
"lnsured". Use includes operation and "loading or unloading "
This exclusion applies even il the claims against any "lnsured" allege negligence or other
wongdoing in tre supervision, hiring, employrnent, raining or monitoring o, others by that
"lnsuied", if the "occurrence" \ frich caused the "bodily iniury" or " propertY damage" involved the
ovnnership, maintenance, use or enfustment to others ol any aircraft, or l iatarcraft tlat is ovned or
operated by or rened or loaned to any "lnsured".
This exclusion does not aPPIY tor
1, A \ atercraft wtrile ashore on premises you o\ rl or rent;
Z A u€torcraft you do not ovv] that is:
a. Less than 26 feet long; and
b. Not being used to carry persons or property Ior a charge;
K. War
,,Bodily iniury" "property damage" or "personal and advertising iniury", ho\ ever caused, arising
directly or indirecty out o{:
1. War, including undeclared or civil \,€r; or
2 Warlike action by a military rorce, including acdon in hindering or defunding against an actual or
epected attack, by any government, sovereign or other auflority using military personnel or
olher agents; or
3. lnsurrection, rebelliOn. revOltrtion, usurped pov\er, Or action taken by governmental authority in
hindering or defunding against anY o, these,
This exclusion does not apply to the use or threaten use ol "terrorism"'
As used in this exclusion, "terrorism" means the use or threatened use ol Iorce or violencs against
person or propefty, d commission of an act dangerous to human life or property, or commission oJ
an act tlat interleres v\ith or disrupts an elecfonic or communicadon sysbm, undertaken by any
person or group. vthether or not acting on behalf o{ or in any connection vrilh any organization,
governmeni, po\ Er. autrtority or military rorce. \,*len the e{fect is to intimidate, coerce or harm:
5
OC-UfuBR
LX979s r 10/05)Page 6 o{ 24
fr:tyi
ki#
page 62 of 79
1. A government;
2 The civilian population of a county, state or community; or
3. To disrupt the economy of a country, state or community.
So long as the Terrorism Risk lnsurance Act of 2002 (the "Act") is in effuct, "terrorism" includes
an act oI terrorism as defned by Section 102, Definitions o, the Act and any revisions or
amendments thereto.
L. Damago to Property
" Property damage" to:
1. Property:
8. You ovtn. rent or occupy, including any cosB or expenses incurred by you, or any other
person, organization or entity, ior repair, replscement, enhancement, restoration or
maintenance ol such property fcr any reason, including prevention of injury to a person or
damage to another's property; or
b. Owred or transported by the "lnsured" and arising outo{the ov'nership. maintenancs or
use o{ a "covered auto";
2 Premises you sell, give a\ By or abandon, iJ the "property damage" arises out o, any part oI
those premises;
3. Property loaned to you;
4. Personal property in the care, custody or control of the "lnsured";
s That panicular part of real property on vhich you or any contactors or subcontractors \,orking
directly or indkecdy on your b€half are perbrming operations, il the "propeny damage" arises
out of those opersdons; or
6. That panicular part o, any property that must be restoed, repaired or replaced because "your
vrork " raas incorrecty pertormed on it.
Paragraph 2 of fris exclusion does not apply if the premises sre "your uork" and vlare never
occupied, rented or held for rental by you.
Paragraphs .lb, 3. 4, 5 and 6 ol this exclusion do not apply to liability assumed under a sidetrack
agreement.
Paragraph 3 and 4 of this exclusion do not apply to liability assumed under a witten Trailer
lnterchange Agreement.
Paragraph 6 ol this exclusion does not apply to "property damage" included in the "producb-
completed operations hazard. "
M. Damage to Your Product
"Property damage" to "your product" arising out ol it or any part of it.
N. Damago to Your Work
'Property damage" to "your raork" arising out ot it or any part of it and included in the "products-
completed operations hazard. "
This exclusion does not apply il the damaged \^ork or the uork out of vfiich the damage arises raas
perlormed on your behall by a subcontractor.
O. Damags to lmpairod Proporty or Property Not Physically lniuted
"Property damage" to "impaired property" or property that has not been physically injured, arising
out of:
1. A deftct, deficiency, inadequacy or dangerous condition in "yoJr product" or '}our uork"; or
2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement
in accordance rrith its Erms.
This exclusion does not apply to th6 loss of use of other proporty arising out of sudden and
accidental physical iniury to "your product" or "your \4ork" after it has been put to iG intended
use.
396
OC.UMBR
1x9799 (1O/G5'Pasa 7 ol 24
HH4I
Hffi
page 53 of 79
P. Rocall ol Products, Work or lmpaired Property
Damages claimed
'or
any loss, cost or expense incurred by you or others ,or the loss ol use,
vrithdraraal, recall, inspection. repair, replacement, adjustrnent, removal or disposal oI;
1. "Your product";
Z "Yout raork"; or
3. "lmpaired property";
il such product, v\ork or property is \ ithdram or recalled ftom tre market or fiom use by any
person or organization because o{ a knoun or suspected defuct, defciency, inadequacy or
dangeroJs condition in it.
O. Elec$onic Data
Damages arising out ol the loss or, lo6s ol use of, damage to, corruption of, inability to access or
inability to manipulate electronic data.
As used in this exclusion, electronic data means inlormadon, hcts or programs stored as or on,
croated or used on, or ransmitEd to or lrom computer soft\ ,€re, including systems and applications
soft\ 6re, hard or floppy disks, CD-ROt\tS, tapes, drives, cells, data processing deMces or any other
media \^hich are used r,{lh electonically controlled equipment.
R. Fungus/Mold
"Bodily iniury" or i property damage" or any other lo6s, cost or excensa, including, but not limited
to losses, costs or expenses related to, arising from or associated Vrith clean-up, remediation.
containment, removal or abatement, caused directy or indirectly, in \ hole or in part, by:
1. Any "fungus(i)", "molds(s)", mildewor yeast, or
2 Any 'spore(s)" or totns created or produced by or emanating fom such "fungus{i)",
"mold(s)", mildew or yeast, or
3. Any substance, vapor, gas, or other emission or organic or inorganic body substance produced
by or arising out o, any "fungus(i)", "mold(s)', mildewor yeast, or
4. Any material, product, building component, building or structure, or any concenfaton ol
moisture, !\6ter or other liquid vrithin such material, product, building component, building or
structure, that contains, harbors, nurtures or acts as a medium for any "fungus(i)", "mold(s)",
mildew l,east or "spore{s)" or toins emana{ng theretom,
regardless of any other cause, event, material, product and/or building component that
convibuted concurrenty or in any sequence to that 'bodily iniurY" or "property damage", loss,
cost or epense.
For the purpose ol this exclusion, the bllov\ing defnitions are added to the policy:
"Fungus(i)" includes, but is not limited to, any o, the plants or organisms belonging to the msior
group fungi, Iacking chlorophyl, and including molds, rusts, mildev\6, smuts, and mushrooms.
"lvlold(s)" includes, but is not limited to, any superficial gro\ dr produced on damp or decaying
organic matter or on living organisms, and fungi that produce molds.
"Spore(s)" means any dormant or reproductive body produced by or arising or emanating out
o, any "fungus(i)", "mold(s)", mildew, plants, organisms or microorganisms
S. Lead
1. "Bodily injury", "property damage", or "personal and advertising injury" for past, present or
future claims arising in wtrole or in pan, either directly or indirecdy, out ol the manufucture.
distrihrtion. sale, resale, rebranding, installation, repair, removal, encapsuladon, abaEment,
replacement or handling or, e)eosure to, ingestion of or testing jor, lead whether or not the lead
is or \/vas at any dme airborne as a panicle. contained in a product, carried on clothing, inhaled,
vansmitted in any fashion or found in any rorm v*latsoever;
2 The costs of clean up or removal of lead or products and materials containing lead;
397
oc-utliBR
1X9790 ( 1Cv05)Paga a ol 24
Fffif;ffi pago of 79
3 The costs ol such actions as may be necessary to monitor, assess and evaluate the releaso or
threat ol same, or lead or products and material containing lead;
4. The cost oJ disposal o, lead substances or the taking oI such other action as may be necessary
to temporarily or permanenty prevent, minimize or mitigate damage to tre public health or
\^€lfare or to the environment, vlhich may othervrise result; or
5 The cost o, compliance vrith any law or regulation regarding lead.
T. Asbsstos
1. "Bodily in,ury" in any \ €y arising out of the use by any person or organization of or eposuro to
asbestos, asbestos products, asbestos fbers or asbestos dust;
2 "Property damage" to real property arising out of tle use by any person or organization o,
asbestos, asbestos products, asbestos fbers, asbestos dust, including \^ithout limitation he
costs incurred nith respect to the removal or abaement oI asbestos, asbestos products,
asbestos fibers or asbestos dust rrom or in such real property;
3 Any obligation oJ the "lnsured" to indemnify any party because o, damages arising out ol
such ''property damage", "bodily injury", sickness, disease, occupational disease, disability,
shock, death, mental anguish or mental injury, at any time as a result oJ the manulactJre of,
mining of, use of, sale ol, removal of, distribution of, or eposure to asbestos, asbestos
producb, asbestos fbers or asbestos dust; or
4. Any obligation to debnd any claam or "suh" against the "lnsured" alleging "bodily injury",
sickness, disease, occupational disease, disability, shock, death, mental anguish or mental
injury or "property damage" resulting trom or contibut€d to, by any and all manufacurs of,
mining of, use of, sale o{, removal of, distribution of, or exposure to asbestos, asbestos
producB, asbestos fbers or asbestos dust.
U. Nuclear
1. "Bodily iniury" or "property damage":
a. Wth respect to \ hich an "lnsured" under the policy is also an "lnsured" under a nuclear
energy liability policy issued by Nuclear Energy Liability lnsurance Association, Mutual
Atomic Energy Liability Underwiters, Nuclear lnsurance fusociation or Canada or any such
policy but lor its termination upon e*raustion o, its limit oI liability; or
b. Resulting from tre "hazardous propenies" of "nuclear material" and \ith respect to v'.hich
(i) any person or organization is required to maintain fnancial protection pursuant to the
Atomic Energy Act ol 1954. or any law amendatory thereof, ot (ii) the "lnsured" is or had
this policy not been issued 'aould be, entiled to indemnify ,rom the United States o{
Arnerica, or any agency thereof, under any agreement entered into by fre Uniled States o,
America, or any agency there ol lrrith any person or organization.
2 "Bodily injury" or "property damage' resulting fom the "hazardous propenies of "nuclesr
material", ir:
a. The "nuclear material" (i) is at any "nuclear facility" ovned by, or operatod by or on bhalt
o{, an "lnsured" or (ii) has been discharged or dispersed therefrom;
b. The "nuclear material" is contained in "spent fuel" or "u€ste" at anytim€ possessed,
handled, used, processed, stored, transported or disposed oI by or on behall oJ the
"lnsured"; or
6. The "bodily injury" or "property damage" arises out of the furnishing by an "lnsured" of
services, materials, parts or equipment in connection vrith the planning, construction,
maintonance, operation or use of any "nuclear bcility".
3 "Bodily iniury" or "property damage" resulting lrom trre intentional or unintentional detonation of
any nuclear bomb or nuclear devic€.
398
OC.UMER
1X9799 ( 10/05)PEgc 9 oi 24
lt#.,#
ffiffi
page 65 o, 79
4. As used in this exclusion. the follov'ing defnitons apply;
6. "Hazardous properties" include radioactive, totc or eplosiw propenies;
b. "Nuclear material' means "source material", "special nuclear material' or "by-product
material";
c. "source material", "special nuclear material" and "by-product material" have the meanings
given them in Atomic Ensrgy Act of 193t or in any law amendatory ftereof;
d. "Spent fuel" means any fuel element ol fuel component, solid or liquid wttich has been
used or exposed to radiaton in a "nucl6ar reactor";
e. "Waste" means any waste material (l) containing "by-product material" other than the
tailings or \^6€tes prduced by the exraction or concentadon oI uranium or thorium form
any ore processed primarily br its 'source material" content, and (ii) resultng lrom the
operation by any person or organization of any 'nuclear bcility" included under the first tuo
paragraphs of the defnition of "nuclear facility";
l. " Nuclear facility" means:
(i) Atly " nuclear reactor";
(ii) Any equipment or device designed or used {or {a) separatng the isotopes or uranium or
plutonium, (b) processing or utilizing "spent fue1", or (c) handling, processing or
Packaging " raaste ";
(iii) Any equipment or device used {or the processing, fubricating or alloying of "special
nuclear material" i{ at any time the total amount of such material in the custody o, the
"lnsured" at the premises v"here such equipment or device is located consisB o, or
contains more than 25 grams o, plutonium or uranium 233 or any combination thereof,
or more that 250 grams oJ uranium 235;
(iv) Any stucture, basin, excavation, premises or place prepsred or used frcr the storage or
disposal or " waste ";
and includes fie site on \hich any of the loregoing is located, all operations conducted on
such site and all premises used for such operations.
V. S€curitias and Financial lntorest
Any liability arising out of:
1. Any violaton oI any securities law or similar law or any regulation promulgated thereunder;
2 The purchase, sale, orfur ot sale or solichadon ol any security, debt, insurance policy, bank
deposit or fnancial interest or instrument;
3. Any ropresentation made at any time in relation to fie price or value o{ any security, debt.
insurance policy, bank deposit or fnancial interest or instrumenU or
4. Any depreciation or decline in price or value o, any security, debt, insurance policy, bank
deposit or fnancial interest or instument.
W. Covorago excluded or sublimitBd by the Schoduled Underlying lnsuranco
'Bodily injury", "property damage", or "porsonal and advertising injury" wttich:
1. ls not covered by the "scheduled underlying insurance" by reason ol an exclusion contained in
or at any time added to such "scheduled underlying insurance"; or
2 ls in any vliay subiect to a sublimit wtrich is less than the limits ol insurance of such "scheduied
underlying insurance'.
X Silica
1. "Bodily injury", sickness, disease, occupational disease, disability, shock, deaih, mental
anguish or mentsl injury, and/or 8ny other type of iniury, loss, cost, damago, or elpense
sustained by any person for he real or alleged emergence, contraction. aggravation or
exacerbation ol any ficrm of silicosis or any other disease ol the human body caused by,
arising out of, or resultng fom the manu{actrre, mining, use, sale, removal, or distribution by
o c-un,tBR
1X9799 t',lO/O5l Pag6 1() of 24
I
F#fl+Effi
pago 66 ol 79
any person or organization ol silica, silica products, silica fibers or silics dust, or the e)posure
to silica, silica products, silica fibers or silica dust; or
2 Any obligation of the insured to delend and/or indemniry any party because o, damages arising
out o, such "bodily injury", sickness, disease, occupational disease, disability, shock, death,
mental anguish or mental injury, at any time caused by, arising out of. or resulting lrom tre
manuiacture ol, mining of, use of, sale oI, removal ot, disuibution or, or exposure to silica. silica
products, silica fibers or silica dust.
y. Molstion Ot St tutes ln Conneclion \Mth Sending, Transmitting Or Communicaling Any
Matori6l Or lnformstion
Any claim or "suit" alleging or assening ftat any act or omission violates any statuto, ordinancg or
regulation oI any bderal, state or local government, including any amendment of or addition to such
la\ /s, that includes, addresses or applies to the sending, fansmitting or communicating o, any
material or information, by any means \ hatsoever.
Z. Othor Personal snd Advertising lnjury
"Personal and adverl,sing injury":
1. Caused by or at the direction ot the "lnsured" sith the knovJedge that the act '^ould vidate the
righB of another and v\ould inflict "personal and advenising injury".
2 Arising out o, oral or \,vitEn publication of material, if done by or at the direction ol the
"lnsured" vith kno\^ledge ot its talsity.
!. Arising out of oral or uritten publicaion ol material \,(hose first publication took place before the
beginning of fie policy period.
4. Arising out o, a criminal act committad by or at the direction of th€ "lnsured".
5. For which the "lnsured" has assumed liability in a contract or agreement. This exclusion does
not apply to:
a. Liability lor damages that the "lnsured" v\,ould have in the absence o, the contract or
agreement; or
b. Liability for false arrest, detention or imprisonment assumed in a confact or agreement.
6. Arising out oI a breach of contact, except an implied contact to use another's advenising idea
in your "advertsement".
7. Arising out of th8 ,ailure of goods, products or services to conbrm \ ith any statement ol quality
or performance made in your '' advertise me nt" .
8. Arising out ol the wong description ot the price of goods, prducts or services stated in your
" adve rtisement" .
9. Arising out oJ tre inftingement o, copyright, patent, trademark, tade secret or other intellecual
property righs. Ho\€ver. this exclusion does not apply to inlringement, in your
"advenisement", o, copyright, trade dress or slogan.
10. Committed by an "lnsured" vfiose business is:
a. Advertsing, broadcasting. publishing or t€lecasting;
b. Designing or determining content ot \ €bsites jor others; or
c. An internet search, access, content or service provider.
Hov\€ver, this exclusion does not apply to Paragraphs 1, 2 and 3 o, the defnition o{ "personal
and advenising iniury" in SECTION V - DEFINITIONS.
For the purposes ol this exclusion, the placing of ,rames. borders or links, or advenising, br
you or others anyvfiere on the lnternet, is not by itsel{, considered the business of advertising.
broadcasting, publishing or telecasting.
11. Arising out o{ an electronic chafoom or bulletin board the "lnsured" hosts, o\ms, or over vlhich
the "lnsured" e)Grcises control.
OC.UMBR
tx9790 (10/05,Paga 11 ol 24
I
li
F:TEJJFffi page 67 of 79
12 Arising out ol fie unauthorized use of anofier's name or product in your e-mail address,
domain name or meta tag, or any other similar tactics to mislead anotter's potential customers.
SECTION IV. LIMITS OF INSURANCE
A. The limits oI insurance showr in ltem 3 o, fie Declarations and tte rules below state th6 most \ €
\ ill pay ,or all Damages under this policy regardless of the number of:
1. "lnsureds ";
2 Claims made or "suits" brought; or
3. Persons or organizations making claims or bringing "suits".
B. The General Aggregae Limit is the most u,e \ ill pay for all damages under this policy, except for:
1. Damages included \^ithin the "products-completed operations hazard'; and
2 Damages because of "bodily iniury" or "property damage" to \ hich this policy applies, caused
by an "occurrence" snd resulting fiom the ovnership, maintenance or use o{ a "covered auto"-
c. The Products-c ornpleted operations Aggregate Limit is the most \/\e v\ill pay ror all damages
included in the "products'completed operations hazard".
D. subject to Paragraphs B and c above, lthicherrer applies, the Each occurrence Limit is the most
rae r,r,ill pay for the sum o, all damages arising out ol any one "occurrence" or offunse
E. Subject to Paragraphs B and C above, r,rttichewr applies, the most \ E nill pay for damages under
this policy on behall ol any person or organization to \ ttom you are obligated by a Mritten "insured
conuact" to provide insurance such as is afforded by this policy is the lesser ol trre limits o,
insurance shovrr in ltem 3 of the Declarations or the minimum limits o{ insurance you agreed to
procure in such 'aritten "insured contact".
F. This policy applies only in excess ol fie total applicaue limits of "scheduled underlying insurance"
and any applicaue ,'otrer insurance" ,rrlether or not such limits are collectible. ll, ho\ €ver, a
policy shov'n in fie Schedule o, Underlyrng Insurance has a limit of insurance:
1. Greater than the amount shoun in such schedule, this policy rrrill appiy in excess ol such
greater amount; of
2 Less than the amount shovn in such schedule, this policy l,rill apply in excess oJ the amount
shov$ in the Schedule ol Underlying lnsurance forming a part oI this policy'
G. l, the total applicable limits o, "scheduled underlying insurance" and any applicable "other
insurance" are reduced or exhausted by the payment o, damages to wtrich t\is policy applies, \'1€
\^ill:
1. ln the event of reduction, p8y damages in excess oI the remaining total applicaue
limiB ol "scheduled underlying insurance" and any applicaue "other insurance"; and
z subject to Paragraph E of sEcTloN ll - DEFENSE AND SUPPLEMENTARY PAYMENTS, in
the event o, et)auston, contnue in torce as undedlng insurance.
H. Expenses incurred to detend any "suit" or to investigate any claim v\,ill be in addition to fie
applicable limits o, insurance oI this policy. Provided, ho\^€ver, that i, such expenses reduce the
applicable limits ol "scheduled underlying insurance", then such e)penses \ill reduce the
applicable limits of insurance ol fiis policy.
l. Tho limits o{ insurance ol this policy apply separately to each consecutive annual period and to any
remaining period of less tran t!€lve ( l2) months, beginning Vrith the inception date o, the "policY
period" shovtrl in the Declaratons, unless the "policy period" is exEnded after issuance lor an
additional period o{ less than t\ elve (12) months. ln that case, the additional period vill be deemed
part of the last preceding period br purposes o, determining the limits of insurance of this policy.
J. We Wll not make any oayment underthis policy unless and untl:
1. The total applicable limits ol "scheduled underlying insurance" and any applicable "other
insurance" have been e)drausted by the payment ol damages to v\t\ich this policy applies; or
OC.UMBR
1X9799 { 1o/otr}Paga 12 o, 24
!l
HTIg?}
Bffi
page 68 of 79
2 The total applicable "Sell-lnsured Betention" has been satisfied by tle payment of damages to
wtrich this policy applies.
\Mren the amount of damages has been determined by an agreed settlement or a fnal judgem6nt,
rae rdll prompdy pay on behal, oJ the "lnsured" the amount o{ damages falling \ ithin the terms of'this policy. An agreed settlement means a settlement and release oJ liability signed by us, the
"lnsured" and the claimant or the claimant's legal representative.
SECTION V. DEFINITIONS
A. "Advertisement" means a notice that is broadcast or published to he general public or specifc
market segments about your goods, products or services for the purpose of attracting customers or
supporters. For the purposes oI this defnition:
1. Notices that are published include material placed on the lnternet or on similar electronic means
of communication; and
2 Regarding web-sites. only that part ol a \ eUsite that is about your goods, products or services
Ior the purposes of atfacting customers or supporters is considered an " advertisement".
B. "Arto" means:
1. A land motor vehicle, tailer or semirailer designed for travel on public roads, including any
auached machinery or equipment; or
2 Any other land vehicle that is subject to a compulsory or fnancial responsibility law or ofier
motor vehicle insurance law in the state where it is licensed or principally garaged.
Ho\€ver, "auto" does not include "mobile equipment".
C. "Bodily injury" means bodily injury, disability, sickness, or disease sustained by a person, including
death resulting lrom any of these at any time. "Bodily injury" includes mental anguish or other
mental iniury resulting fom "bodily injury".
D. 'Coverage territory" means:
'1. The United States of Arnerica, including its territories and possessions, Puerto Rico and
Canada; or
2 lf provided by the underllng policy, anyr,*rere else in the v\Drld \ifr the exception of 6ny
country or jurisdiction vr.trich is subject to rade or other economic sanction or embargo by the
United States o{ Arnerica.
lI \ € are prohibited by law lrom providing a de{ense in any location describ€d in this defnition snd
\re are obligated to provide such defunse under SECTION ll - DEFENSE AND SUPPLEMENTAAY
PAYMENTS, rae vrill reimburse you br legal fues and ofier defense expenses incurred \ ith our
consent under the terms and conditions of this policy.
lf coverage for a claim under this policy is in violation of any United States oI Arnerica's
economic or trade sancfon, including, but not limited to, sanctions administered and enlorced by
the U.S. Treasury Department's Office of Foreign fusets Control ("OFrc') then coverage {or that
claim shall b€ null and void.
E. "Covered auto" means only those "autos" to \ hich "scheduled underlying insurance" applies,
F. "Employee" includes a "leased v\,orker". "Employee" does not includ€ a "temporary \orker".
G. "Executive officer" means a person holding any ol the offcer positions created by your charter,
consttuton, by-la' 6 or any other similar governing document.
H. "Hostile fre" means a fire trat becornes uncontrollable or breaks out lrom $here it \ Jas int€nded
to be,
l. "lmpaired property' means tangible property, other than "your product" or "your \,ork", that cannot
be used or is less useful because:
1. lt incorporates "your product" or 'your \ ork" that is knowr or fiought to be deftctive, deficient,
inadequate or dangerous; or
OC.UMBR
LX979S t 10/06)Paoo 13 o, 24
)2
h.rEt+Ed{ i;
H*m:
page 69 of 79
2 You have failed to fulfill the Erms of a contract or agreement;
il such property can be restored to use by:
1. The repair, replacement, adjustnent or removal of "your product" or "your raork"; or
2 Your fulf lling the terms oI the contract or agreement.
J. 'lnsured" means:
1. The "Named lnsured";
2 Except fur liability arising out ol the oranership, maintenance, or use o{ "covered autos";
a. ll you are designated in the Declarations as:
(1) An individual, you and your spouse are "lnsur€ds", but only v!if) respect to the conduct
of a business ol v*rich you are the sole ovner;
(a A partnership or joint venture, you are an "lnsured". Your members and your partrlers,
and their spouses are also "lnsureds", but only \,ith resp€ct to tle conduct of your
business;
(31 A limited liability company, you are an "lnsured". Your members are also "lnsureds",
but only \ ilh respect to the conduct ol your business Your managers are "lnsureds",
but only \,ith respect to their duties as your managers;
(4) An organization other than a parhership, ioint venture or limited liability company, you
are an "lnsured". Your "executive officers" and directors 8re "lnsureds", but only \ ith
respect to their duties as your officers or directors, Your stockholders are also
"lnsureds", but only v\ib respect to fieir liability as stockholders;
(5) A rust, you are an "lnsured", Your trusiees are also "lnsureds", but only \ ith respoct
to freir duties as trustees;
b. Your "volunteer \,^orkers" only \ hile periorming duties relsted to the conduct of your
business. Your "employees" other than your "e)(ecutive orfcers" (il you are an organization
other than a parfiership, jcint venture or limited liability company) or your managers (il
you are a limited liability company), but only lor acts v\ithin the scope ol their employment
by you or wtrile performing duties relaEd to the conduct of your business. Ho\^EVer, none
of these "employees" or "volunteer \norkers " are insureds Ior:
(1) "Bodily injury" or "personal and advenising injury":
(a) To you, to your parhers or members (if you are a partnership or joint venture), to
your members (iI you are a limited liability company), to a co-"employee" in the
course of his or her employment or performing duties related to the conduct of your
business or to your other "volunEer r,o{kers" v*rile performing dutes related to the
conduct o, your business; or any claim or "suit" brought by or on behalf ot the
spouse, child, parent, brother or sister of that co-"employee" or "volunteer \,orker"
as a consequence oI such "bodily injury" or "personal and advertising iniury", or;
(b) For \hich there is any obligation to shar€ damages \^'ifi or repay someone else
v*ro must pay damages because of the injury described in Paragraphs (1)(i) above.
(2 "Property damage" to PropertY:
{a} Owred, occuPied or used bY,
(b) Rented to, in fie care, custody or control of, or over which physical confol is being
e)€rcised fior any purpose by you, any ol your "employees", "volunteer \ Drkers",
any parher or member (il you are a parhership or joint ventrre), or any member (if
you are a limited liabilrty company).
c' Any person (other than your "employee' or "vdunEer v\orker") or organization \ hile acting
as your real estate manager;
d. Your legal representative if you die, but only \ ith respect to duties as such. That
representative v\ill have all your rights and duties under this policy;
3
o c -ur\tBR
1X9799 t 10/O5)Pasa 14 ot 24
ffi pago 70 of 79
s. Any person or organization, other than the "Named lnsured", included as an additional
'lnsured" under "scheduled underlying insurance", but not for broader coverage liBn
vlould bo afforded by such "scheduled underlying insurance".
3. Only vrith resp€ct to liability arising out of the ovtrrership, maintenance, or use o, "covsred
autos"'
a, You are an "lnsured";
b. Anyone else vr,trile using r,rith your permission a "covered auto" you ovn, hire, or borrow is
also an "lnsured" except:
(1) The oraner or anyone else ftom vhom you hire or borrow a "covered auto". This
exception does not apply if the "covered auto" is a trailer or semi-railer connected to a
"covered auto" you ov'nl
(2 Your "employee" il the "covered auto" is ovned by that "employee" or a member of
his or her household;
(3) Someone using a "covered auto" \ hile he or she is v\orking in a business ol selling,
servicing, repairing, parking or sto(ing "autos" unless that business is yours;
(4 Anyone other than your "employees", partrlers (i, you are a partrtership), members (if
you are a limited liability company), or a lessee or borrov\€r or any of their
"employees", vhile moving property to or trom a "covered auto";
(5) A partrrer (if you are a parhership), or a member (il you are a limited liability company)
ficr a "covered auto" ovned by him or her or a member of his or her household;
(6) "Employees" uitr respect to "bodily iniury" to any fullow "employee" of the "lnsured"
srising out of and in lhe course o, the fellow "employee's" employment or \ hile
perrorming duies related to the conduct of your business;
c. Anyone liable {or the conduct of an "lnsured" described above is also an 'lnsured", but
only to the e}tent o{ fiat liability.
4. Not\ ihstanding any of the above:
a. No person or organization is an "lnsured" v\itr respect to the conduct o, any current. past
or nevJy iormed pannership, jdnt ventrre or limited liability company that is not designated
as a "Named lnsured" in lEm 1 ot the Declarations; and
b. No person or organization is an "lnsured" undor his policy who is not an "lnsured" under
"scheduled underlying insurance".
K. 'lnsured confact" means that part of any contract or agreement pertaining to your business under
which any "lnsured" assumes the tort liability oI ano$6r party to pay for "bodily iniury" or "property
damage " to a third person or organization. Tort liability means a liability fiat v\,ould be imposed by
law in the absence o{ any convact or agreement.
"lnsured contact'' does not include tlat pan of any contact or agr€ement:
1. That indemnifes a railroad for "bodily injury" or "property damag€ " arising out of constuclion
or demolition operations, \ ithin 50 fuet oI any railroad property and affecting any railroad bridge
or treste, Vacks, road-beds, tunnol, underpass or crossing;
2 That indemnifes an architect, engineer or surveyor for iniury or damage srising out of:
a. Preparing, approving, or failing to prepare or approve, maps, shop dr8\ ings, opinions,
reports, surveys, feld orders, change orders or dra\Aings and specifications; or
b. Giving directions or instructions, or tailing to give them, i, fiat is the primary cause ol the
injury or damage; or
3 Under \ hich the "lnsured", il an architect, engineer or surveyor, assumes liability frcr an iniury
or damage arising out of the "lnsured's" rendering or failure to render plofussional services,
including those shovu'r in subparagraph 2 above and supervisory, inspection, archiEcural or
engineering activities.
oc-ut\jBR
1X9799 { 1CrO6)Paga 15 of 24
l+i{f,SHlffirx..,.',rll
page 7'1 of 79
L. "Loading or unloading" means the handling of propertY:
'1. After it is moved lrom the place vrhere it is accepted for movement into or onto an aircraft or
v\6te rcraft:
2. t/Vtrile it is in or on an aircraft or v\€tercraft; or
3. Vvhile it is being moved ,rom an aircraft or \ iatercraft to fie place v'lrere it is finally delivered;
but "loading or unloading" does not include the movement of property by means of a mechanical
device, other than a hand truck, tlat is not attached to the aircraft or \ €t€rcraft.
M. "Leased \,orker" means a person leased to you by a labor leasing firm under an agreement
betvreen you and the labor leasing firm, to perform dutes related to tle conduct of your business.
"Leased \aorker" does not include a "t€mporsry vrorker".
N. "tvlobile equipment" means any oI the {ollowing types of land vehicles, including any attached
machinery or equipment:
1. Bulldozers, ,arm machinery, lorklifB and other vehicles designed for use principally off public
roads;
2 Vehicles maintained for use solely on or next to premises you owl or rent;
3. Vehicles that travel on crav er treads;
4. Vehicles, whether sell-propelled or not, maintained primarily to provide mobility to permanendy
mounted:
a. Poraer cranes, shovels, loaders. diggers or drills; or
b. Road consruction or resur{acing equipment such as grders, scrapers or rollers;
5. Vehicles not described in Paragraph 1,2,3 o( 4 above that are not sell-propelled and are
maintained primarily to provide mobility to permanenty attached equipment o, the ,ollo\ ing
types:
a. Ar compressors, pumps and generators, including spralng, vrelding, building cloaning,
geophysical e)eloraton, lighting and raell servicing equipment; or
b. Cherry pickers and similar devices used to raise or lo\ er uorkers;
6. Vehictes not described in Paragraph 1, 2, 3 o( 4 above msintained primarily for purposes other
than the fansportation of persons or cargo.
Ho\€ver, selt-propelled vehicles vrith the blloraing types of permanenty attached equipment
are not "mobile equipment", but v\ill be consider€d "autos":
a. Equipment designed primarily for;
(i) Snow removal;
(ii) Boad maintcnance, but not consfuction or resurfucing; or
(i ii) Sreet cleaning;
b. Cherry pickers and similar devices mounted on automobile or tuck chassis and used to
raise or lo\ €r ,iorkers; and
c. Ar compressors, pumps and generators, including sprafng, vrelding, building cleaning,
geophysical eploration, lighdng and raell servicing equipment.
Ho\^€ver, "mobile €quipment" does not include land vehicles that are subiect to a compulsory or
financial responsibility law or other motor \€hicle insurance law in the state v\here it is licensed or
principally garaged. Land vehicles subiect to a compulsory or financial responsibility law or other
motor vehicle insurance law are considered "autos".
O. "Named lnsured" means:
1. Any person or organization designa@d in lEm 1 ol the Declarations;
c
OC'Ut\,ER
LX979S I rO05)Paso 16 oI 24
E;iy*
B#2*
page 72 of 79
2 Any organization in \ .hich you maintain an interest oI more than fifty percent (5O%) and \ hich
is included as a named insured under "scheduled underlying insurance", as ot the effective
date o, this policy and to \ ttich mor6 specifc insurance does not apply, provided that fiis
policy does not apply to any "bodily injury" or "property damage" that occurred or any "
personal and advenising injury" that Mras caused by an 'occurrence" that '^6s committ€d
be{ore you acquired or formed such organization or after you ceased to maintain an interest ol
more than fifty percent (50%) in such organization; and
3 Any organization, except for a parhership. ioint venture or limitBd liability compsny, that you
acquire or ,orm during the "policy period" in which you maintain an interest ol more than fifty
percent (5oolo) and to wtrich more specifc insurance does not apply, provided trat:
a. Such organization is included as a named insured under "scheduled underlying insurancs";
b. This policy does not apply to any "bodily injury" or "property damage" tlat occurred or any
"personal and advenising injury" that vlas caused by an "occurrence" fiat v\6s commit6d
before you acquired or formed such organization or after you ceased to maintain an interest
of more than flty percent (5O%) in such organization; and
c. You give us prompt notice alter you acquire or icrm such organization.
Subiect to the provisions ol Paragraphs 3a, 3b and 3c above, a part'tership, jcint \r'enturo or
limited lisbility company that you acquire or torm during the "policy period" may be added as
an "lnsured" only by a \ ritten €ndorsement that v\€ make a part ol this policy.
We may, at our option, make an additional premium charge ior any organization that you
acquire or lorm during the "policy period".
P, "Occurrence" means:
1. As respects "bodily injury" or "propeny damage', an accident, including continuous or
repeated exposure to substantially the same general harmful conditions. Al such e{Oosure to
substantially the same general harmful conditions \^ill be deemed to arise out o, one
"occurrence ".
ln the event o, continuing or progressively deteriorating damage over any length of time, such
damage shall be deemed to be one "occurrence", and shall be deemed to occur only when
such damage frst commences,
2 As respects "personal and advertising injury", an otfunse arising out of your business that
causes "personal and advertsing iniury'. All damages that arise {rom the same, related or
repeated iniurious material or act \ ill be deemed to arise out of one "occurrence", regardloss
of the lrequency or repetition thereo{, the number and kind of m6dia used and the numb€r of
claimants.
O. "Other insurance" means a valid and collectjUe policy ol insurance providing coverage ,or
damages covered in rahole or in part by this policy.
Ho\,\€ver, "other insurance" does not include "scheduled underlying insurance", the "Sell-lnsured
Retention" or any policy ol insurance specifcally purchased to be excess o, this policy affording
coverage that this policy also affords.
R. "Personal and advenising injury" means injury arising out of your business, including consequendai
"bodily injury", arising out o, one or more ot the follo\ ,ing offtnses:
1. False arrest, detention ol imprisonment;
2 Malicious prosecution;
3. The \ rongful eviction lrom, rarongful enty into, or invasion of the right ol private occupancy o,
a room, draelling or premises that a person occupies committed by or on behall of its ovmsr,
landlord or lessor;
4. Oral or \ ritten publication. in any manner, ot material that slanders or libels a person or
organization, or disparages a person's or organization's goods, products or services;
OC-UTI.iBR
1X9799 t 1Cl/O6)Pasc 17 ot 24
.lu
Eiflt
Ftr
page 73 of 79
& Oral or rwitten publication, in any manner, o, material that violates a person's right oI privacy;
6. The use of another's adverising idea in your "advertisement"; or
7. ln{ringement upon anottner's copyright, trad€ dress or slogan in your " adle rtisement" .
S. "Policy period" means the period oI time lrom the inception date shov(l in ltem 2 oi the
Declaradons to the earlier of the eptation date shov',.l in ltem 2 of the Declarations or the efbctive
date of terminalion of this policy.
T. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and u6ste. Waste includes materials to be recycled,
reconditioned or reclaimed.
U. " Products-completed operations hazard'means all "bodily injury" and 'property damage " occurring
avray fom premises you ov\n or rent and arising out of "your product" or "your v\ork" except:
1. Products that are still in your physical possession; or
Z Work that has not yet been completed or abandoned. Ho\ ever, "your \^ork" \ ill be deemed
completed at the earliest ol the follov\ing times:
a. Vvhen all of the \ ork called frcr in your contract has been completed;
b. When all or lhe vwrk to be done at the job site has been completed il your contract calls ior
\^ork at more tran one job site; or
c. \Mren that part o, the \^Drk done at a job site has been put to its intended use by any
person or organization other fran another contactor or subcontractor vlorking on the same
proiect.
Work that may need service, msinEnance, correction, repair or replacement, but \thich is
odner\ ise complete, \^ill be treated as completed.
" Products-completed operations hazard" does not include "bodily injury" or "property damage"
arising out of
1. The tansportation of property, unless the iniury or damage arises out of a condition in or on a
vehicle not ovned or operated by you snd that condition \^6s created by the loading or
unloading {meaning "loading or unloading" but \ith respect to a vehicle) ol that vehicle by any
"lnsured "; or
Z The existence oI tools, uninstalled equipment or abandoned or unused materials.
v. "Property damage' means:
1. Physical iniury to tangiue property, including all resulting loss ol use of that property. Al such
loss ol use rrrill be deemed to occur at the time of the physical iniury that caused h; or
2 Loss ol use of tangible property trat is not physically injured. Al such loss ol use \ ill be
deemed to occur at tle time of the 'occurrence" flat caused it.
For the purposes ol tris insurance, el€ctonic data is not tsngible property.
As used in this defnbon, electronic data means information, hcts or programs stored as or on.
created or used on, or ransmitted to or ftom computer softv\€re, including systems and applications
soft\^€r€, hard or foppy disks, CD-ROt\4S, tapes, drives, cells, data processing devices or any
other media y\hich are used \ ith electronically controlled equipment.
W. " Retained Arnount" means:
1. The total applicable limits of "scheduled underlying insurance" {plus any "Sell-lnsured" retention
applicaHe thereto) and any applicable "other insurance' providing co\€rage to the "lnsured"; or
2 The "Self-lnsured Retention" applicable to each "occurrence' that resulb in damages not
covered by "scheduled underlying insurance" nor any applicable "o1her insurance" providing
coverage to the "lnsured ".
o c -ut\iBn
LX9799 (',ldcs)Pas. 1a of 24
ptlEt*
ffi$
page 74 of 79
X. "Scheduled underlying insulance" means:
1. The policy or policies ol insurance and limits oI insurance (plus any selfnsured retention
applicable thereto) shovn in the Schedule of Underlying lnsurance; and
2 Automatcally any renevral or replacsment ol any policy in Paragraph 1 above, provided that
such renev\61 or replacement provides equivalent coverage to and affords limits of insurance
equal to or greater than the policy being rene\^Ed or replaced.
"Scheduled underlying insurance" does not include a policy of insurance specifcally purchased to
be excess of this policy affording coverage that this policy also allords.
Y. "Sell-lnsured Ret6ntion" means the amount that is show'r in liem 4 ol the Declarations.
Z. 'Suit" means a civil proceeding in \^hich damages because o, "Bodily lnjury", "Property Damage",
or "personal and advertising injury" to vhich this policy applies are alleged. "Suit" includes:
1. An arbiration proceeding in \.hich such damages are claimed and to \.hich fie "lnsured" must
submit or does submit \Aith our consent; or
2 Any other alternative dispute resolution proceeding in vrhich such damages are claimed and to
\,hich the "lnsured" subrnits \ ifi our consent.
AA.'Temporary \orker" means a person v\tlo is furnished to you to substitute for a permanent
"employee " on leare or to meet seasonal or short-term v\orkload conditions .
BB."Volunteer v\Drker" means a person \ ho is not your "employee" and vfio donates his or her \ ork
and acts at the direction ol and v\ihin the scope of duties determined by you, and is not paid a fue,
salary or other compensation by you or anyone else for their v\ork pgriormed ior you.
CC."Your product" means:
1. Any goods or products, other than real property, manubctlred, sold, handled, distributed or
disposed ol by:
a. You;
b. Others tading under your name; or
c. A person or organization v+)ose business or assets you have acquiled; and
2 Containers (other than vehicles), materials, parts or equipment furnished in connection \ith
such goods o( products.
"Your product" includes:
1. Warranties or representations made at any time \^ith respect to the fitness, quality, durability,
periormance or use of "your product"; and
2 The providing ot or ,ailure to provide raarnings or instructions.
"Your product" does not include vending machines or other property rented to or located for the
use o{ others but not sold.
DD."Your v\ork" means:
1. Work or operations pertormed by you or on your behall; and
2 Materials, parts or equipment furnished in connection vrith such v\ork or operations.
'Your \ ork" includes:
1. Warranties or representations made at any time vith respect to fie ftr)ess, quality, durabilitv,
perbrmance or use o, "Your Work";and
2 The providing o, or {ailure to proMde ,narnings or instructions.
sEcroN vr - coNDlIoNs
OC.UMBR
1X9799 t10/051 P8OB 19 ol 24
]B
Hitrr.t
Hsr+;
page 75 of 79
A. Appoals
ln the event fie first Named lnsured or the frst Named lnsured's underlying insurer (if applicaHe)
elect(s) not to appeal a iudgement in excess ol the "Retained Arnount", v1€ may elect to make
such appeal at our owl cost and e&ense, and \€ shall be liable br the taxable costs and
disbursements and interest incidental thereto, but in no event shall our liability lor damages exceed
the sum set {orth in the Declaration's {or any one "occurrence", including the cost and epense ol
such appeal,
B. Examination ot Your Books and Records
We may audh and examine your books and records as they relate to this policy at any time during
the period of this policy and {or up to three {3) years after the epiration or termination of this
PolicY,
C. Bankruptcy or lnsolvoncy
Your receivership bankruptcy, insolvency or inability to pay or the receivership bankruptcy,
insolvency or inability to pay of any of your underlying insurers vrill not relieve us ftom the payment
ol damages covered by this policy. But under no circumstances \ ill such receivership bankruptcy,
insolvency or inability to pay in any raay increase or expand our liability or require us to drop dov(r,
replace or assume any obligation under "scheduled underlying insurance".
D. Csncellation
1. The frst Named lnsured showl in the Declaratjons may cancel this policy by mailing or
delivering to us advance witten notice oI cancellation,
2 We may cancel this policy by mailing or delivering to the first Named lnsured witEn notice o{
cancellation at least:
a. 1O days before the e{fuctive date of cancellation il rrre cancel lor nonpayment of premium; or
b. 30 da\/s befrcre the elfuctive date of cancellation iI vre cancel for any other reason.
3. We vrill mail or deliver our notice to the frst Named lnsured's last mailing address knovfi to us.
4. Notice of cancellation \^ill state the effective date ol cancellation. The "policy period" nill end
on that dae.
5. ll this policy is canceled, \ € \ ill send the frst Nam€d lnsured any premium refund due lf rae
cancel, the refund v\ill be pro rata. lf the frst Named lnsured cancels, earned premium vrill be
calculated in accordance \ ith the customary short-raE table and procedure, or the Mnimum
Earned Premium at Incepdon o, the policy shovrn in lEm 5 o, the Declaradons, wttich ever is
greater. The cancelladon \ ill be effucti\€ even if \^rs have not made or ofbred a refund.
6. lf notice is mailed. proof o, mailing \ ill be sufficient proof o{ notice.
E. Changs ln Control
ll durinq the "policy period":
1. the frst Named lnsured designated in ltem 1 of the Declarations consolidates \,ith or merges
into, or sells all or substantially all of its assets to any person or entity; or
2 any person or entity acquires 6n amount ol the outstanding ovnership interests representng
more than 50% of the voting or designation po\€r ior the election of directors of the first
Named lnsured designaed in ltem 1 of the Declarations, or acquires tte voting or designation
righs of such an amount o{ ovrnership interests;
This policy \ill continue in full lorce and eflect as to "bodily injury" and "property damage" that
occur prior to the effective date of such transaction and 'personal and advenising injury" caused
by an "occurrence" that takes place prior to the effective date oI such tansaction. There uill be
no coverage aflorded by this policy for "bodily iniurY" or "property damage" that occurs on or after
the eflectiw date o, such transaction and "personal 8nd advertising iniury" caused by an
"occurrence" fiat takes olace on or after the e{ftctive date o, such transacdon.
oc-uMBn
1X9799 (1005)Pag. 20 ol 24
Fti4-tItitlYtffi,Jr,r
pag€ 76 of 79
F. Changos
Notice to or kno\,ledg6 possessed by any person shall not af{ect a r aiver or change in any part o,
this policy or stop us tom asserting any rights under the terms ol lhis policy, nor shall the terms of
fiis policy be v\6ived or changed, except by endorsement issued to lorm a part hereol, signed by
an authorized representatve of the Company.
G. Duties in tho Evont ol an Occurrencs, Cloim or Suit
1. You must see to it tlat u€ are notifed as soon as practicable ol an "occurrence" tlat m8y
result in a claim or "suit" under this policy. To the exent possible, notice should includo:
a. How, v*ren and v*rere the "occurrence" took place;
b. The names and addresses o, any iniured persons and any \^ifiesses; and
c. The nature and location o, any injury or damage arising out of the "occurrence".
2 lf a claim is made or "suit" is brought against any "lnsured" \hich is reasonady likely to
involw this policy, you must notiJy us in r,lriting as soon as practcable on the assumption thst
an "lnsured' is liable {or the damages claimed.
Written notice should be mailed or delivered to:
AIG -Lexington
c/o ACPC
P.O. Box 293118
Nashville, TN 3722931 18
Claim reporting inbrmation can also be bund on oula€bsi€. vwar.lcxinoroninsuranoo.com
3. You and any other involved "lnsured" must:
8. lmmediately send us copies of any demands, notces, summonses or legal papers received
in connection \ ith the claim or "Suit";
b. Afihorize us to obtain records and other inftcrmaton;
c. Cooperate vrith us in the investigation, setdement or defunse ol the claim or "Suit"; and
d. Assist us, upon our request, in the enlorcement o{ any right against any person or
organization that may be liable to the "lnsured" because o, iniury or damage to wtrich this
insurance may also apply.
4. No "lnsured" \ ill, except at tlat "lnsured's" owt cost, voluntarily make a payment, assume any
obligation or incur any elpense, other than tor frst aid, \ ithoJt our consent.
H. Inspection
We have the right, but are not obligated, to inspect your premises and operations at any time. Qur
inspections are not safuty inspections. They relate only to the insurability of your premises and
operations and the premiums to be charged. We may give you reports on the conditions fiat vlre
fnd. We may also recommend changes, We do not, houever, undertake to perform the duty of
any person or organization to provide br the health or safuty ot your "employees" or the public.
We do not \ arrant the health and sabty conditions of your premises or operations or represent tlat
your premises or operations comply \ ith la\ 6, regulations, codes or standards.
l. Logal Actions Against Us
No person o{ orgsnization has a right under this policy:
1. To join us as a party or othervrise bring us into a 'suit" asking lor damages fom an "lnsured";
or
2 To sue us under this policy unless all ol its terms have been fully complied \ ith.
A person or organization may sue us to recover on an agreed settlement or on a fnal iudgm€nt
against an "lnsured"; but \,\€ v\ill not be liable for damages ilat are not payable under this policy or
frat are in excess ol the applicade limiB ol insurance ol this policy. Ar agreed settlement moans
a settlement and r€lease of liability signed by us. the "lnsured" and the claimant or the claimant's
legal representative.
t0
o c -ut\rtsR
LX9799 { 10/G5)Pase 21 ol 24
Ev+k;{r:t
lIAIQr=
J. Maintonanco ol Scheduled Undorlying lnsurance
You agree that during the "policy period":
1. You vr,ill keep "scheduled underlying insurance" in full force and e{fuct;
2 The Erms. defnfions. conditions and exclusions of "scheduled underlying insurance" !.ill not
materially change;
3. The total applicable limits oI "scheduled underlying insurance" v\,ill not decrease, except for any
reduction or e*raustion oI aggregate limits by payment of damages to vhich this policy applies.
4. Any renev\als or replacements ol 'scheduled underlying insurance" will provide equivalent
coverage to and aftord limits of insurance equal to or greatsr than the policy being reneued or
replaced.
lf you fail to comply \^ith these requirements, \/\€ \ ill be liable only to the same extent that v1€
\^/ould have, had you fully complied \^ith these requirements.
K. Other lnsurancs
lf olher valid and collectible insurance applies to damages that are also covered by this policy, this
policy \^ill apply excess o, the "other insurance". Ho\,€ver, lhis provision \ ill not apply if the other
insurance is specifcally witten to be excess of this policy.
L. Premium and Audit
1. We vrill compute all premiums Ior this policy in accordance v\ith our rules and rates.
Z ll the premium for this policy is a iat premium, it is not subject to adiustment, except frat
addhional premiums may be required br any additional exposure and/or "lnsureds", or as
provided lor in Condition D Cancellation. The premium showr in lEm 5 ot the Oeclarations as
t1e Total Advance Premium is a deposit premium only. lf the policy is subiect to audit
adiustment, the actual eposure base \ ill be used to compute the earned premium. lf the
learned premium is greater than the Advance Premium, the frst Nam8d lnsured will pay the
dif{erence to us due and payable upon notice. Subject to the Annual Nlinimum Premium shov\n
in ltem 5 ol the Declaratons, il the earned premium is less fran the Total Advance Premium,
v\€ \ ill return the difbrence to the frst Named lnsured.
3. The frst Named lnsured must keep records of the information rae need ior premium
computation, and send us copies at such times as \ € may request. The first Named lnsured
shovrn on fre Declarations is responsible {or the payment of all premiums and nill be the payee
for any retrrn premiums 1€ pay,
M. Reproso ntations oI Fraud
By accepting this policy, you agree;
1. The statements in the Declarations are accuraE and complete;
2 Those statements are based upon representations you made to us;
3. We have issued this policy in reliance upon your representations; and
4. This policy is void in any case of Iraud by you as it relates to this policy or any claim or "suit"
under this policy.
N. Separation of "lnsuteds "
Except \ifl respect to the limits oI insurance of this policy and rights or duties specifically
assigned to trle frst Named lnsured designaEd in hem 1 ol the Declarations, ftis insurance applies:
1. As if each "Named lnsured" uere the only "Named lnsured"; and
2 Separately to each "lnsured" against v*rom claim is made or "Suit" is brought.
O. Transter of Rights of R6covery
1. lf any "lnsured" has rights to recover all or part of any payment v\€ have made under this
policy, those rights are tanslerred to us. The "lnsured" must do nothing after loss to impair
these rights and must help us enrorce them.
11
OC-Ullr8R
LX9799 { 1005)Pasc 22 ol 24
page 77 ol 79
Fii4#
ffifr
pago 78 of 79
2 Any recoveries \ ill be applied as ,ollou6:
a. Any person or organization, including the "lnsured", fiat has paid an amount in excess of
t]e applicable limits of insurance o{ ttlis policy \ ill be reimbursed first;
b. We then lrill be reimbursed up to the amount v\E have paid; and
c. Lasdy, any person or organization, including the "lnsured" that has paid an amount ovar
r,,rtrich this policy is excess is entided to claim the remainder.
Epenses incurred in lhe e)€rcise of rights ol recovery nill be appodioned among the persons or
organizations, including the "lnsured", in the ratio of thet resp€ctiv€ recoveries as fnally setded.
3. lf, prior to the time of an "occurrence", you and tre insurer ol "scheduled underlying
insurance" \,^/aive any right of recovery against a specific person or organization {or injury or
damage as required under an "insured contract", ue vrill also raaive any rights ,^,e may have
against such person or organization.
P. Transfer ol Your Rights and Dutiss
Your rights and duties under this policy may not be uansfurred !^itrout our witten consent.
lI you die or are legally declared bankrupt, your rights and dutes lrill be tansJerred to your legal
representative, but only v*rile acting \ ithin the scope ol duties as your legal representative.
Hovuever, notice of cancellation sent to fie first "Named lnsured" designated in ltem 1 ol fie
Oeclarations and mailed to the address shov,n in this policy \ill be sulficient notice to et{act
cancellation o, this policy.
O. Service of Suit
It is agreed frat in tre event o, our Jailure to pay any amount claimed to be due hereunder, vre, at
the request ol the "lnsured", v\ill submh jurisdiction of a coun of competent jurisdiction \ithin trre
United States. Nothing in this condition constitutes or should be understood to constitute a \€aver
ol our rights 10 commence an action in any court ol competent jurisdiction in $e United Staes, to
remove an action to a united states Disfict court or to seek a ransrer of a case to another court
as permitted by the laraa ot the United States or of any state in the United States. lt is further
agreed that service of process may be made upon Counsel, Legal Department, Lexington lnsurance
Company, 99 High Steet, Boston, Massachusetts 02110, or his or her representative, and tlat in
any "suh" instituted against us, upon this policy, rae \ ill abide by lhe fnal decision o, such court or
oJ an appellate court in the event of an appeal,
Furfrer, pursuant to any statute o{ any state, terrhory, or district of t\e United States \ hich makos
provision therefor, vre hereby designate the Superintendent, Commissioner, Director of lnsurance,
or odrer offcer specifed lor that purpose in the statute, or his or her successor or successors in
office as our rue and lawful auorney upon whom may be served any lawful process in any action,
'suit" or proceeding institut€d by or on behall o{ you or any benefciary hereunder arising out oJ
tr]is conract of insurance, and hereby designate the Counsel, Legal Department, Lexington
lnsurance Company,99 High Sueet, Boston, Massachusetts 02110, as the person to wtrom the
said offcer is authorized to mail such process or a true copy thereof.
R. Arbitration
Not\ ithstanding Condition O. Service of Suit, above, in the event of a disagreement as to the
interpretation oI this policy (except \ ith regard to whether this policy is void or voidable), it is
mutually agreed that such dispute shall be submitEd to binding arbifation berore a panel ol three
(3) Arbitrators consising of tYro (2) party-nominated (non-impartal) A'rbitrators and a third (impartial)
Arbitrator (hereinafter "umpire") as the sole and exclusive remedy,
The party desiring arbiration of a dispute 5hall notify the other party, said notice including the
name, address and occupaton ol the Arbitrator nominated by the demanding party. The other party
shall, witrin 30 days ,ollowing receipt ol the demand, notfy in witing the demanding party of fie
name, address and occupation of the Arbitrator nominated by it. The tuo (2) arbirators so selected
shall, \^ithin 30 days ol the appointrnent of the second Abitrator, select an umpire. ll t're Arbitrators
are unable to aqree upon an umpire, the selection of the umpire shall be submitted to the Judicisl
Arbitration and fMediation Services (hereinafter, "JAMS"). The umpire shall be selected in
accordance rdth Rule '15 (as may be amended Jrom tjme to time) o, the JAI\0S Comprehensive
Arbifiaton Rules and Procedures for the selecton ol a sole arbitato(.
12
OC.UMBN
LX9799 { 1 cll05}Pasa 23 ot 24
ffi4JIffi pa96 79 of 79
The parties shall submit their cases to the panel by vwitten and oral evidence at a hearing time and
place selected by lhe umpire, Said hearings shall be held \ ithin 30 days of the selection ol the
umpire. The panel shall be relieved of all judicial iormality, shall not be obligated to adhere to the
sfict rules of law or of evidence, shall seek to enforce the intent of the panies hereto and may
rerer to, but are not limited to, relevant legal principles. The decision ot at lesst tuo (2) of tte
three (3) panel members shall be binding and final and not subject to appeal exc€pt lor grounds ol
ftaud and gross misconduct by the Arbitrators. The avrard uill be issued ur'thin 30 days ol the
close ol the hearings. Each party shall bear e)@enses ol iE designaEd Atbitrator and shall jointy
and equally share vrith the other the expense ot the umpire and the arbiuation.
The arbitation proceeding shall take place in the vicinity of +re frst Named lnsured's mailing
address as shovrr in the Declarations or such ofrer place as may be mutually agreed by the first
Named lnsured and us. The procedural rules applicade to this arbifation shall, except as provided
other\Mse herein, be in accordance vrith the JAI\tS Comprehensive Arbitration Rules and
Procedures.
lN WTNESS WHEREOF, \ E have caused this policy to be executed and attested, but this policy \^ill
not be valid unless countersigned by one oI our duly authorized represe ntatives, where required by law.
,e,k ,t-14:,f;,(}14
13
OC-Ul\,laB
LX979S t 10/05)?aso 24 ol 24