2022/02/14 Leighton Consulting, Inc. (24)page 110 of 163
Cllent#: 1257(Xg 3O5LEIGHGBOACORD, CERTIFICATE OF LTABILITY INSURANCE
COVERAGES CEFTIFICATE NUMBEB REViSION NUMBER
CEBTIFICATE HOLDER CANCELLATION
Clty ol Menllee
29714 Haun Road
Menllee, CA 9258G0OOO
SHOULOATIY OFTHE ABOVE DESCBIBED POLICIES BE CAI{CELLEO BEFORETHE EXPIEATION OATE THEFEOF, IIOTICE WILL BE OELIVEBED IN
ACCOFDANCE WTTH fHE POLICY PFOVISIONS,
AUIHOFU EO REPTIESENTATIVE
).a.lr* r..---q"*
u2512V22
THIS CEBTIFICATE IS ISSUEO AS A MATTEB OF INFOBMATION ONLY ANO CONFENS NO BIGHTS UPON THE CEBTIFICATE HOLOER. THIS
CEBTIFICATE OOES NOT AFFIBMATIVELY OB NEGATIVELY AMEND, EXTEND OB ALTEF THE COVEBAGE AFFOFOEO BY THE POLICIES
BELOW, TIIIS CEFTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTFACT BETWEEN THE ISSUING INSUFEB(S), AUTHORIZEO
FEPFESENTATIVE OB PBODUCEF. ANO THE CEBTIFICATE HOLOER,
IMPOnTANT: It the corllflcate hoidei ls 6n ADDITIONAL INSUBED. tho policy(l.s) musl hev€ ADDITIoNAL INSUREO provisiona or bo chdorsed.
ll SUBRooATION ls wAlvED, 6ublect to lhe terms and condltlons ot tha pollcy. c.rtaln pollcles may requlro an andoraamcnt. A atatem6nt on
thla co itlclte doca not conrar ahy rlghta to the certlflcal. hotd.r lh liau ol.uch andor'rmani(s).
McGrllt lnsurance Services
130 Thoory, Ste. 20O
lrvlno, CA 92617
714 941-2SOO
i'#!.. b"rt"cl @McGrlff.com
Lelghton Consultlng, lnc.
17781 Cowan. Ste. 1m
lrvlne, CA 92514-6009
INSIJFEF B
INSUFEF O
INSUF EF(S) AFFOF OIIIG COVENAGE
Lcxln0lon In6urancc Comp6ny
Travclar! Proporty Casually Co of Amer
Travalcrs lnd.mnlty Co o, CT
IHIS IS TO CEBTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO IHE INSUREO NAMED ABOVE FOR IHE POUCY PEBIOD
INOICATED. NOTWITHSTANDING ANY FEQUIR€MEMI. TEBM OR CONDITION OF AM/ CONTRACT OR OTHEF DOCUMENT WITH RESPECT IO WHICH THIS
CERTIFICATE MAY BE Iq9UED OP MAY PEBTAIN, THE INSUFANCE AFFOFDED BY THE POLICIES OESCRISED HEFEIN IS SUBJECI TO ALL IHE TERMS,
EXCLUSIONS ANO CONDITIONS OF SI,,CH POLICIES. LIMITS SHO\A/N MAY HAVE EEEN NEOUCED BY PAID CLAIMS,
A
ryp€ oF nJsuFANcE .i-3""ti[T poLrcy runBER
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X BUPD Ded: $25,0O0
GEN'L AGGFEGATE LIMIT APPL ES PEA
,n',"" X 5l& X roc
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AUTOMOBILE LIABILITY
Overall Pollcy
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PROOUCTS
lncs'ssilcl
POLICY EFF POLICY EXP(MtrvoD,"/YYY) (MM/DO"TYYY)
engral
s'1,000,000
s50,mO
s EXCLUDED
s1,0m,00O
s2,00O,000
s2,(x)O,000
$5,0m,000
$1 ,0m,o0o
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PROPEFTY DAMAGE(Pracod.n0
4120?2. OZ1 4t2U23 EAGF occu ccENcE
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s5,0m,000
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E L EACH AccroENr . s1 ,0OO,OOO
E L D sEAsE . EA EMPLoTET sl ,000,000
. .EL DsEAsE PorrcYLrMr s1,000,4X)
412022 0211412023 $2,000,000 Per Claim
$4,OOO,0(x) Aggregate
$100,000 Dod.
A
woFxEFS COf,rEltgATlON
A'IO Ei'PLOYEFA LI^OILITI
AN Y PAOPFIE'TOR/ PAFTN EF'E X€ CIJTIV E
OFFICEF/MEMBEF EXCLUOEO'
oEScE PIrN oF oPFAATIoNS b.los
Prof/Pollutn Llab
Clalms Made
OESCFIPTION OF OPERATIONS / LOCATIONS / VEHICL€S (ACOn0101, A.ldnb l R.mrrkt Sch.dul., m.yb..tl.ch.d l, moB +!c.1. r.quk.d)
Cortillcato ls sub,6ct to pollcy llmlts, condltlons and excluslons.
Ro: Proi#1'1051.010 CIP 2'l-13 (McCsll Blvd ResurlaclngFEncanto lo Antolop6) Meterisls Testing & Geotochnlcal
Sgrvlcos. Clty ot Mgnltge and its ofllcqrs, employeog, agents, and authorEed volunt€ors ars lncluded as
Eddttlonal lneured as rospects to General Llabillty and CommerclalAulo covoragee as required by wrltten
Contract. Goneral Llablllly End Auto Liability covsrages are prlmary and nonconlrlbutory as requlred by
(Seo Attachod Descrlpllons)
49/ b
ACOBO 2s (2016r'm) 1 ol2#s30631013/M30612089
O l98S-2015 ACOBD COHPOBATION. All rlghlr r...^r.d
Th. ACOBD n.m. rnd logo !r. r.Cl!t.r.d m.rlr ot ACOFO
LARIC
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25682
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page 111 of 163
RIPTIONS (Continued from Page 1)
wrltten contract. Walvor oI Subrogallon is lncluded with respact Goneral Liabllity, Auto Llability, Worksrs
Compsnsalion as requlred by wrltton contract. Umbrella Llablllty ls lollow lorm sublect to policy ,orms,
tormg, conditlgng, excluslons and endorsernonts. 9GDay Notlca of Cancellation, Excspt lor l GDays lor
Nonpaymont ol Premlum applies to General Llabllity 8s required by wriflen conlracl.
49/rl
SAGITTA 2s.3 (201d031 2 ol2
#s3063r 013/M306120A9
EHHEtrr-#ffiEft
page 112 of 163
ENDORSEMENT
o2l1MO22This €ndorsomont. effective 12i01 AM
Forms a part of policy no.: 066463440
lssued to: Leighton Consulling, lnc.
By: LEXINGTON INSURANCE COMPANY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS- COMPLETED OPEHATIONS
(Based on CG2037 04/131
This endorsemont modities insrrrance provided by the lollowing:
COMMERCIAL GENERAL LIAB ILITY POLICY
SCHEDULE
Name of Addition6l Insured Person(s)
or Organizsd on lsl
Location of Comp16ted Op€rations
AS REQUIRED BY WRITTEN CONTRACT
lnformation Iequired to complete this Schedule, il not shov\fr above, will be sho\n in the Dcclarrtions
A. Secdon ll - Who ls An lnsurod is amended to incktde as an additional insrrrcd the person(s) or
orgEnization(s) showr in the Schedule, hut only wirh respect to liability for "bodily iniury", or
'Iproperty damaoe'r caused. in vlhole or in part, by "your \,Drk" at the location designated and
described in the Schcdulc ollhis endorsemcnt performed for thsl additional insured and incklded in
the "products'completed operations hazard".
1. The insurance afforded to such addilional insured only applies to the e{ent permitted hy law
end
2. lf coverage provided to lhe additional insured is required by a contract or agreement, the
insurance afford6d to srlch additional insltred will not be hroader than that \rhich you are
required by the confact or agreement to providc tor such additional instrred.
B. Wth respect to ihe insLrrancc atforded to thcse additional insLrreds, thc lollowing is added to
Section lll - Limits Of lnsurancs:
lf coverage provided to the additional insrtred is required by a contracl or agreement, fhe most vr€
will pay on hehall of the additional inslrred is the amount ol insurance:
lncludes Copyrigt'ted lnlormation oI the lnsurance Serv;c6s
Otfices. lnc., with it6 psrmission. All Bights Rossrv€d.
Plge 1 oI 2
4$80
,Jf{,}r
HS}:
page '1 1 3 of 163
1. Roquired by the contract or agreement; or2. Availahle under the applicable Limits of lnsrrrance shou,n in the Declarations;
vtftichever is less.
This endorsemenl shall not increase the applicable Limits of lnslrrance shovn in the Declarations
Al other terms and conditions of the policy remain the same
49Ul
Authorizsd R epresentative
zz*^lploll^
I I otices lnc ath lt8 psrmlsslon. AII Rohts R66€N6d I
ffi
A. Section ll - Who ls An lnsured is amended to
include as an insured the person or organization
showl in the Schedule, but only with respect to
liability arising out oI your ongoing operations
perlormed for that insured.
B. With respect to the insurance afforded to these
additional insureds, the iollo\^ing exclusion is
added:
2 E xclusions
This insurance does not apply to "bodily in-
jury" or "property damage " occurring after:
ENDORSEMENT
page '114 of 163
(1) Al uork, including materials, parts or
equipment furnished in connection \ ith
such \4ork, on the proiect {other tran
service, maintenance or repairs) to be
performed by or on behalf ot the additional
insured(s) at the site o{ the covered
operations has been completed; or
(a That ponion of ''your \ork" out oJ v\hich
the injury or damage arises has been put
to iE intended use by any person or
organization olher than anotrer contactoror subcontractor engaged in performing
operations lor a principal as a pan of the
same project.
Leighton Consulting, lnc
POLICYNUMBER: 066463440
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GE NERAL LIABILITY
cG 20 10 10 01
ADUNONAL IIUSI..RED - O\ATERS, LESSEES OR
CCTVIRACTffiS - SCI-EDI.'.ED PERSCT\I OR
ORGAI\IZATICT{
This endorsement modifes insurance provided under the folloldng
COMMERCIA GENEBAL LIABILITY COVEBAGE PART
SCHEDULE
Nams o{ Person or Organizalion:
AS REAUIRED BY WRITTEN CONTRACT
(lf no entry appears above, inlormation required to complete this endorsement v\ill be sho\/\rr in the Declarstions
as applicable to this endorsement,)
cG 20 10 10 01
L X9605
O ISO Properties, lnc., 2000 Page lol 1 tr
page '1 '16 of 163
ENDORSEMENT
This €ndorsement, eftective 12]01 AM m/14D@2
Forms a part of policy no.: 065463440
lssuod to: Leighton Consulting, lnc.
By: LEX INGTON INSURAi'ICE COI4PANY
PRIMARY/NON CONTRIBUTORY ENDORSEMENT
This endorsemenl modifies insrrrance provided by the policy:
Notwithstanding any olher provision of the policv to the contrary, the insLlrance aftorded by this policy
tor the benetit ol lhe Additional lnsured shall be primary insurance, but only with respect to any claim,
loss or liability arising out o{ the Named Insured's operations; and any insurance maintained by the
Additional lnsured shall be non -contributing.
Al other terms and conditions of the policy remain the same
Authoriz6d R epresentadvo OR
Countersignetu,e {ln slEtes where applicable}
4984
L X9438 (@/05)
ffi
B}#EE
ffiH
page 118 of 163
ENDORSEMENT
This ondorsement, effoctivo 12tO1 AM gZJ14/2@2
Fo.ms s p.rt of policy no.: 066463440
lssued to: Leighton ConsultirE, lnc.
By: LEX INGTON INSURANCE COt'tPANY
WAIVE R OF SUB ROGATION
IB LANKET)
It is agreed lhsl !r,e, in the event of a payment under this policv, \/aive our right oi subrogation against
any person or organization where the insured has \^ai\€d liability o, such person or orqanization as part
of . witten contractual agrcement betwBen the insrrred and such person or organization entered into
prior to lhe "occurrence" or oitense.
Al other terms and conditions remain l/nchanged.
Authoriz6d Representaliv6 OR
Countersignature (ln ststes where applicable)'//
498ti
LEXOCC 234 ( 11,031
LXO4a5
ffi page 120 of 163
ENDORSEMENT
@/14t2022This €ndolsemont, €ffoctive 12:01 AM
Forms a pert ol policy no.: ffi6M
lssu€d to: Leighlon Consulling, lnc
By: LEXINGTON INSURANCE COI'1PANY
CANCELLATION AMENDMENT
ln consideration oI lh€ premium charged, it is hereby agreed that the cancellation provision is amended
to 90 days in lieLr of (3O| days, except ior non-paymenl of premium which remains (10) days.
Al other terms and cond ions remain lrnchanged.
;Y7rz--
Auth oriz od Representalive OR
Countersignatur€ lln states wher6 6pplicable)
4988
t x9586 I O2tO3t
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - PRIMARY AND
NON.CONTRIBUTORY WITH OTHER INSURANCE
This endorsemenl modifies insuftlnce provided under the follorring
BUSINESS AUTO COVERAGE FORM
PROVISIONS
l. The following is added to Paragraph A.1,c., Who
ls An lnsured, of SEcTloN ll - COVERED
AUTOS LIABILITY COVERAGE:
This includes any person or organization who you
are required under I written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "properly damage" occurs and
thal is in effed during the policy period, to name
as an additional insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the eient of
that person's or organazation's liability for the
conduct of another "insured"
page 122 of 163
2. The following is added to Paragraph 8.5., Other
lnsurance of SECTION lV - BUSINESS AUTO
CONDITIONS:
Regardless of the provisions of paragraph a. and
paragraph d. of this part 5, Other lnsurance, this
insurance is prjmary to and non-contributory with
applicable other insurance under which an
additional insured person or organization is the
firsl named insured when the written conlract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
lhat is in effect during the policy period, requires
this insurance to be primary and non-contributory,
4990
cA T4 74 02 16 u 2016 me Travelers lndemniy Company All nghts €served
lncludes copyrighted malerEloI lnsurance Services Ollice lnc. with ls permlssion
Page 1 of 1
Vtt:tt
EESE
Leighton Consulling, lnc
8A3R7084312243G COIVIIvIERCIAL AUTO
Various provisions in this policy restrict coverage.
Read the entire policy caretully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your''
refer to the 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 -
Definitions.
Leighton Consulling, lnc
84387084312243G
BUSINESS AUTO COVERAGE FORM
COMMERCIAL AUTO
cA 00 01 r0.13
Symbol Description Of Covered Auto Designation Symbols
1 Any "Auto"
2 Only those "autos'you own (and for Covered Autos Liability Coverage any
"trailers" you don't own while attached to power units you own). This includes
those "autos' you acquire ownership of afler the policv beoins.
Owned 'Autos
Only
3 Only the private passenger "autos" you own. This includes those private
passenger "autos" you acquire ownership of afrer the policy begins.
Owned Private
Passenger
"Autos" Only
4 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.
Owned
"Autos" Other
Than Private
Passenger
"Autos" Only
5 Only those "autos'you own that are required to have no-fault beneflts in the state
where they are licensed or principally garaged. This includes those "autos' you
acquire ownership of after the policy begins provided they are required to have no-
fault beneflts in the state where they are licensed or principally garaged.
OwIled 'Autos'
Subject To
No-fault
6 Only those'autos" you own that because of the law in the state where lhey are
licensed or principally garaged are required to have and cannot reject Uninsured
Motorists Coverage. This includes those "autos" you acquire ownership of afler the
policy begins provided they are sublect to the same state uninsured motorists
requirement.
Owned "Autos"
Subject To A
Compulsory
Uninsured
Motorists Law
7 Only those "autos' described in ltem Three of the Oeclarations for which a
premium charge is shown (and for Covered Autos Liability Coverage any "trailers"
you don't own while attached to any power unit described in ltem Three).
Specifically
Described
"Autos"
8 Only lhose.autos' you lease, hire, rent or borrow. This do€s not include any "auto"
you lease, hire, rent or borrow from any of your 'employees', partners (if you are a
partnership), members (if you are a limited liability company) or members of their
households.
Hired 'Autos"
Only
I Only those "autos'you do not own, lease, hire, rent or borrow that are used in
connection with your business. This includes "aulos" 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.
Non-owned
"Autos" Only
41Xr2
cA 00 01 t0 13 O lnsurance Services Offlce, lnc., 2011 Pags I of 12
ffi#ffi?lE
pago 124 of 163
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 next to
a coverage on the Declarations designate the only
"autos" that are covered "autos".
A. Ooscrlptlon Of Covered Auto Deslgnatlon
Symbols
uHe*ffi
B. Owned Autos You Acqulre Aftor The Policy
Bsglns
'1. lf Symbols 1,2,3,4,5, 6 or '19 are entered
next to a coverage in ltem Two of the
Declarations, then you have coverage for
'autos" that you acquire o, 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 thal coverage or it replaces an'auto"you previously owned that had that
coverage; and
b. You tell us within 30 days after you acquireit that you wanl us to cover it for thal
coverage.
C. Certaln TrallerE, Moblle Equlpmant And
Tsmporary Substltute Autos
lf Covered Autos Liability Coverage is provided by
this Coverage Form, the 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 pub c
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
out of service because of rts:
a. Breakdown;
b. Repair;
c. Servicing;
d. "Loss": or
6. Deslruction.
SECTION II - COVEREO AUTOS LIABILTTY
COVERAGE
A. Coverage
We will pay all sums an "insured' legally must pay
as damages because of "bodily injury' or "property
damage" to which this insurance applies, caused
by an'accident" and resulting from the ownership,
maintenance 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,
mainlenance or use of covered "aulos". However,
we will only pay for the 'covered pollution cost or
expense' if there is either "bodily in.iury" or
"property damage'to which thas 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 expe{lse". ljowever,
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 invesligate 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 setllements.
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" connected to
a covered "auto' you own.
19 Mobile
Equrpment
Subject To
Compulsory Or
Financial
Responsibility
Or Other Motor
Vehicle
lnsurance Law
Only
Only those 'autos' that are land vehicles and that would qualify under the defnition
of "mobile equipment" under this policy if they were not sublect to a compulsory or
financial responsibility law or other motor vehicle insurance law where they are
licensed or principally garaged.
4993
Page 2 of 12 @ lnsurance Services Office, lnc., 2011 cA 00 0l 10 13
page 125 of 163
l}Hr!
E--SI,
(2) Your 'employee' if the covered'auto'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
slonng "autos" unless that business rs
yours.
(4) Anyone other than your 'employees',
partners (lf you are a partnership),
members (if you are a limited 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.
pags 126 of 163
These payments will not reduce the Limit of
lnsurance.
b. Out-of-atate Coverago Extenslons
While 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 tomeel the limits specifled by a
compulsory or financial responsibility
law of the jurisdiction where the covered"auto" is being used. This extension
does not apply to the limit 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 out-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- Exclusions
This insurance does not apply to any of the
following:
'1. Erpectod Or lntendad lnjury
"Bodily injury" or "property damage" expectedor intended from the standpoint of the
"insured".
2. Contractual
Liability assumed under any contract 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 contract
or agreement; or
b. That the "insured" would have in the
absence of the contract or agreement.
3. Workars' Compensatlon
Any obligation for which the'insured'or the
"insured's" insurer may be held liable under
any workers' compensalion, disability benelits
or unemployment compensation law or any
similar law.
c. Anyone liable for the conduct
"insured" described above but only
extent of that liability.
2. Coverage Extenslona
a. Supplgmsntary Paymentg
We will pay for the 'rnsured':
of an
to the
(1) All expenses we incur.
(2) Up to $2,000 for cost of bail bonds
(including bonds for related tratfic law
violations) required because of an
"accident" we cover. We do nol have to
furnish these bonds.
(3) The cost of bonds to release
atlachmenls in any 'suit" against the
"insured" we defend, but only for bond
amounts within our Limit of lnsurance.
(4) All reasonable expenses incuned 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 taxed against the
"insured" in any "suil" against the
'insured' we defend. However, these
payments do not include attorneys' fees
or attorneys' expenses laxed againsl the
"insured".
(6) All interest on the full amount of any
judgment that accrues afler entry of thejudgment in any "suit" against the
'insured" we defend. but our duty to pay
interest ends when we have paid,
offered lo pay or deposited in court the
part of the judgment that is within our
Limit of lnsurance.
4994
c40001 1013 O lnsurance Services Office, lnc., 201'l Page 3 of 12
ffi
4. Employee lndemnlflcatlon And Employer's
Llablllty
"Bodily injury" to:
a. An "employee' of the 'insured' arising out
of and in the course of:
(1) Employment by the 'insured": or
(2) Performing the duties related to the
conduct of lhe 'insured's' business: or
b. The spouse, child, parent, brother or sisler
of that "employee' as a consequence of
Paragraph a. above.
This exclusion applies:
(1) Whether the "insured" may be liable as
an employer or an any other capacity;
and
(2) To any obligation to share damages wilh
or repay someone else who must pay
damages because of the injury.
But this exclusion does not apply to 'bodily
injury" to domestic "employees" not entitled to
workers' cornpensation benefts or to liability
assumed by the "insured" under an "insured
contract". For the purposes of the Coverage
Form, a domestic'employee' is a person
engaged in household or domestic work
performed principally in connection wilh a
residence premises.
5. Follow Employee
"Bodily injury" to:
a. Any fellow "employee" of the "insured'
arislng out of and in the course of the fellow"employee's" employment or while
performing duties related to the conduct of
your business; or
b. The spouse, child, parent, brother or sister
of that fellow "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
lransported by the "insured" or in the
"insured's" care, custody or control. Bul this
exclusion does not apply to liability assumed
under a sidetrack agreement.
7. Handllng Of Proporty
"Bodily injury" or "property damage" resulling
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 127 of 163
b. Afrer it is moved from the covered'auto" to
the place where it is finally delivered by the
"insured".
8. Movoment Of Property 8y Mechanlcal
Oevlce
''Bodily injury" or "property damage" resultingfrom the movement of property by a
mechanical device (other than a hand truck)
unless the de,\r'ice is attached to the covered
"auto".
9. Operatlons
'Bodily inlury" or "property damage" arising out
of the operation of:
a. Any equipment listed in Paragraphs 6.b.and 6.c. of the definition of "mobile
equipment": or
b. Machinery or equipment that is on, attachedto or part of a land vehicle that wouldqualiry under the definition of "mobile
equipment' if it were not subject to a
compulsory or tinancial responsibility law or
other motor vehicle insurance law where it
is licensed or principally garaged.
10. Completed Operations
'Bodily injury' or "property damage" arising outof your work afler that work has been
completed 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 lhe 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
eadiest 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 compleled if your contract
calls for work at more than one sitei 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 contractor or subcontractor
working on the same project.
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Work that may need servtce, maintenance,
correction, repair or replacemenl, but which is
otherwise complete, will be treated as
completed.
11 . Pollution
"Bodily injury" or 'properly damage' arising oul
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"i or
(3) Being stored, disposed of, treated orprocessed 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 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 o,
or abandoned by the "insured".
Paragraph a. above does not apply to fuels,
lubricants, fluids, exhaust gases or other
similar "pollutants' that are needed for or resultfrom 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"j and
(2) The "bodily injury", "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 128 of 163
Paragraphs b. and c. above of this exclusion
do not apply to "accidents" that occur away
from premises owned by or rented lo 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 "aulo': 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 inlury" or "property damage" arising
directly or indirectly out ot:
a. War, including undeclared or civil war;
b. Warlike action by a military force, including
action in hindering or defending against anactual or expected attack, by any
government, sovereign or other aulhority
using military personnel or other agents; or
c. lnsurrection, rebellion, revolution, usurped
power or action taken by governmental
authority in hindering or defending against
any of these.
13. Racing
Covered'autos" while used in any professional
or organized racing or demolition contest or
stunting activity, or while practicing for such
contesl or activity. This insurance also does
not apply while that covered "auto" is being
prepared for such a contest or activity.
C. Llmit Of lnaurance
Regardless of the number of covered 'autos"."insureds", premiums paid, claims made or
vehicles invoived in the "accident", lhe most we
will pay for the total of all damages and 'covered
pollution cost or expense" combined resulting from
any one "accrdent" is the Limit Of lnsurance for
Covered Autos Liability Coverage shown in the
Oeclarations.
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All "bodily injury", "property damage" and 'covered
pollution cost or expense' resulting from
continuous or repeated exposure to substantiallythe same conditions will be considered as
resulling from one "accidenl'.
No one will be entilled to receive duplicate
payments for the same elements of'loss" under
this Coverage Form and any Medical Payments
Coverage endorsement, Uninsured Motorists
Coverage endorsement or Underinsured Motorists
Coverage endorsement attached to this Coverage
Part.
SECTION III - PHYSICAL DAMAGE COVERAGE
A. Govsrags
1. We will pay for'loss. to a covered "auto'or its
equipment underi
a. Comprghenslve Coverago
From any cause except:
(1) The covered "auto's" collision with
another object; or
(2) The covered "auto's'overturn.
b. Speclfisd Causos O, Loss Coverage
Caused by:
(1) Fire, lightning or explosronl
(2) Theft;
(3) Windstorm, hail or earthquake;
(4) Flood;
(5) Mischief or vandalism; or
(6) The sinking, burning, collision or
derailmenl of any conveyance
transporting the covered 'auto".
c. Colllsion Cov€rage
Caused by:
(1) The covered "auto's' collision with
another object; or
(2) The covered 'auto's' ovedurn.
2. Towlng
We will pay up to the limit shown in the
Declarations for towing and labor costs
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 129 of 163
3. Gla3s Br€akage - Hlttlng A Blrd Or Anlmal -Falllng Oblects Or Mlsslles
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 animali
and
c. "Loss" caused by falling ob.jects or missiles.
However, you have the option of having glass
breakage caused by a covered 'auto's"
collisron or overturn considered a "loss" under
Collision Coverage.
4. Coverage Extenslons
a. Transportatlon Expenses
We will pay up to $20 per day, to a
maximum ol $600, for temporary
transportation expense incurred by you
because of the total theft of a covered
"auto" of the private passenger type. We
will pay only for those covered "aulos" for
which you carry either Comprehensive or
Specified Causes Of Loss Coverage. Wewill pay for temporary transportation
expenses incurred during the period
beginning 48 hours afrer 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. Loss Of Uae Expenaes
For Hired Auto Physical Damage, we willpay expenses for which an "insured"
becomes legally responsible to pay for loss
of use of a vehicle rented or hired without a
driver under a writlen renlal 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 Specified
Causes Of Loss Coverage is provided
for any covered "auto"; or
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(3) Collision only if the Declarations
indicates that Collision Coverage is
provided for any covered "auto".
However, the mosl 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 tollowing. Such 'loss' is
excluded regardless of any other cause or
event that contributes concurrently or in any
sequence to the "loss".
a. N uclear Hazard
(1) The explosion of any weapon employing
atomic fission or fusion; or
(2) Nuclear reaction or radiation. or
radioactive contamination, however
caused.
b. War Or Mllltary Actlon
(1) War, lncluding undeclared or civil war;
(2) Warlike action by a mililary force,
including action in hindering or
defending against an actual or expected
attack, by any government, sovereign or
other authority using military personnel
or other agents; or
(3)lnsurrectaon, rebellion, revolution,
usurped power or action taken by
governmental authorjty in hindering or
defending against any of these.
2. We will not pay for'loss'lo any covered "auto"
while used in any professional or organized
racing or demolition contest or stunting activity,
or while praclicing for such contest or activily.
We will also not pay for "loss" to any covered"auto" while that covered 'auto" is being
prepared for such a contest or activity.
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
"auto"-
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 data electronic
equipment.
page 130 of 163
b. Any device designed or used to detect
speed-measuring equipment, such as radaror laser detectors, and any lammingapparatus intended to elude or disrupl
speed-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 wath the 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, at the time of'loss", is:
a. Permanently installed in or upon the
covered 'auto"i
b. Removable from a housing unit which is
permanenlly installed in or upon the
covered "auto"l
c. An integral part of the same unit housingany electronic equipment described in
Paragraphs a. and b. above; or
d. Necessary for the normal operation of the
covered 'auto" or the monitoring of the
covered "auto's" operating system.
6. We will not pay for "loss" to a covered "auto"
due to "diminution in value".
C. Limlts Of lnsurance
1 . The most we will pay for:
a. "Loss" to any one covered "auto" is the
lesser of:
('l) 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 transmits audio, visual or data
signals in any one .loss' is $1,000, if, at the
time of'loss', such electronic equipment is:
(1) Permanently installed in or upon the
covered "auto" rn a housrng, opening or
other location that is not normally usedby the "auto" manufacturer for the
installation of such equipment;
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(2) Removable from a permanently installed
housing unit as described in Paragraph
b.(1 ) above; or
(3) An integral part of such equipment as
described in Paragraphs b.(1) and b.(2)
above.
2. An adjustment for depreciation and physical
condition will be made in determining actual
cash value in the event of a lotal "loss'.
3. lf a repair or replacement results in better than
like kind or quality. we will not pay for the
amount of the betterment.
D. Oeductlblo
For each covered "auto", our obligation to pay for,
repair, return or replace damaged or stolen
property will be reduced by the applicable
deductrble 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, Loss Condltlons
'1. Appralsal For Physlcal Damage Lo68
lf you and we disagree on the amount of "loss",
either may demand 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 amount of'loss'. lf they fail to agree,
they will submit their differences to the umpire.A decision agreed lo by any two will be
binding. Each party will:
a. Pay its chosen appraiser; and
b. Bear the other expenses of the appraisal
and umpire equally.
lf we submit lo an appraisal, we will still retain
our right to deny the clarm.
2. Dutlos ln The Evont Of Accident, Clalm, Sult
Or Losa
We have no duty to provide coverage underthis po[cy unless lhere has been full
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 i
page 131 of '163
(2) The'insureds" 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 the "insured's"
own cost.
(2) lmmediately send us copies of anyrequest, demand, order, notice,
summons or legal paper received
concerning the claim or "suit".
(3) Cooperate with us in the investigalion or
settlement of the claim or defense
against the "suit".
(4) Authorize us to obtain medical records
or other pertinent information.
(5) Submit to examination, at our expense,
by physicians of our choice, as oflen as
we reasonably require.
c. lf lhere is "loss' to a covered "auto" or its
equipment, you must also do the following:
(l ) Promptly notify the police if the covered
"auto" or any of its equipment is slolen.
(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 at our
request and give us a signed statement
of your answers.
3. Logal Actlon Against Us
No one may bring a legal action against us
under this Corr'erage Form untrl:
a. There has been full compliance with all the
terms of lhis 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 byjudgment after trial. No one has the right
under this policy to bring us into an action
to determine the 'insured's" liability.
O lnsurance Services Office, lnc., 2011Page I of 12 cA 00 01 1013
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4. Loss Payment - Physlcal Damags
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 thefr; or
c. Take all or any part of the damaged or
stolen property at an agreed or appraised
value.
lf we pay for the "loss", our payment will
include the applicable sales tax for lhe
damaged or slolen property.
5. Transfer O( Rights 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 recor'er damages from another, lhose
rights are transferred to us. That person or
organization musl do everything necessary to
secure our rights and must do nothing afrer
"accident" or "loss" to impair them.
B. General Condltions
'1. Bankruptcy
Bankruptcy or insolvency of the'insured' or the
"insured's" estate wll not relieve us of any
obligations under this Coverage Form.
2. Concealment, Mlsreprgsentatlon 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 under this Coverage Form.
3. Llberallzatlon
lf we revise this Coverage Form to provide
more coverage without additional premium
charge, your policy will automatically provide
the additional coverage as of the day the
revision is effmtive in your state.
4. No Beneflt To Balles - Physlcal Damage
Coverages
We will not recognize any assignmenl or grant
any coverage for the benelit of any person or
organization holding, storing or transporting
property for a fee regardless of any other
provrsion of this Coverage Form.
page 132 of 163
5. Other lnsurance
a. For any covered "aulo" you own, thasCoverage Form provides primary
insurance, For any covered 'auto" you don'town, the insurance provided by this
Coverage Form is excess over any other
colleclible insurance. However, while a
covered "auto" which is a "trailer. ts
connecled to another vehicle, the Covered
Autos Liability Coverage lhis Coverage
Form provides for lhe "trailer" is:
('l ) 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 "aulo" 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 lhe provisions of Paragrapha. above, this Coverage Form's Covered
Autos Liability Coverage is primary for anyliability 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 pflmary, 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. Prsmlum 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
estamated lotal premium will be credited
against the final premium due and the first
Named lnsured will be billed for the
balance, if any. The due date for the final
premium or retrospective premium is the
date shown as the due date on the bill. lf
the estamated total premium exceeds the
final premium due, the first 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.
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7. Pollcy Perlod, Covorage Terrltory
Under this Coverage Form, we cover
"accidents' and "losses" occurring:
a. During the policy period shown in the
Declarations; and
b. Within the coverage territory.
The coverage territory 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" of the private passenger type is
leased, hired, rented or borrowed
wilhout a driver for a period of 30 days
or less,
provided thal the "insured's" responsibility 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, Puerlo Rico or Canada, or in a
settlement we agree lo,
We also cover "loss" to. or "accrdents"
involving, a covered "auto" while being
transported between any of these places.
8. Two Or More Coverage Forms Or Pollcles
lssued By Us
It lhis Coverage Form and any other Coverage
Form or policy issued to you by us or any
company afllliated with us applies to the same
'accident", the aggregate maximum Limit of
lnsurance under all the Coverage Forms or
policies shall not exceed lhe 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 aff liated company spmilically to apply as
excess insurance over this Coverage Form.
SECTION V - DEFINITIONS
A. "Accident" includes continuous or repeated
exposure to the same conditions resulting in
'bodily injury' or 'properly damage".
B. "Auto" means:
1. A land motor vehicle, "trailer" or semitrailer
designed for travel on public roads, or
page 133 of 163
2. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other mo(or vehicle insurance law where it is
licensed or principally garaged.
l{oJvever, "aulo" 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, monator, clean up, remove,
contain, treat, deloxify 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 the effects of, "pollutants".
"Covered pollulion 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:
(1) Being kansported 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 orprocessed 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 the 'insured' for movemenl
into or onto the covered "aulo"; 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 finally delivered, disposed of
or abandoned by the "insured".
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Ery...91
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, migrale
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 injury", "property damage'or"covered pollution cost or expense"
does nol arise out of the operation of
any equipment listed in Paragraph 6.b.or 6.c. of the definition of "mobile
equipment".
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 "pollutants" nol in or upon a covered "auto"
it.
(a) The "pollutants' or any property in
which lhe "pollutants" are contained
are upset, overturned or damaged as
a result of the mainlenance or use of
a covered "auto"iand
(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 aclual or
perceived loss in market value or resale value
which results from a direct and accidental "loss".
F. "Employee" includes a 'leased workef."Employee' does not 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:
1. A lease of premises;
2. A sidetrack agreement;
3. Any easement or license agreement, except in
connection with construction or demolition
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 '1 34 of 163
5. That part of any other contract or agreement
pertaining to your business (including an
indemnification of a municipality in connection
with work performed for a municipality) under
whach you assume the torl 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 'auto'. However, such
contracl or agreement shall not be consideredan 'insured contract' to the extent that it
obligates you or any of your "employees'to
pay for "property damage" to any "auto" rented
or leased by you or any of your "employees..
An "insured contract" does not include that part of
any contract or agreement:
a. That indemnities a railroad for 'bodily iniury"or "property damage" arising out of
construction or demolition operations, within50 feet of any railroad property and
affecting any railroad bridge or trestle,
tracks, roadbeds, tunnel, underpass or
crossing;
b. That pertains to 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 transporting
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 agreement between
you and the labor leasing firm to perform duties
related to lhe conduct of your business. "Leased
worker" does not include a 'temporary workef.
J. "Loss" means direct and accidental loss or
damage.
K, "Mobile equipment' means any of the following
types of land vehicles, including any attached
machinery or equipment:
l. Bulldozers, farm machinery, forklifls and other
vehicles designed for use principally off public
roads;
2. Vehicles maintained for use solely on or next to
premises you own or rent;
3. Vehicles that travel on crawler lreadsl
5t)02
ca 00 0t 10 13 O lnsurance Services Office, lnc., 201 'l Page 11 of 12
ffiqt
fi,. :{1:
4. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to
permanently mounted:
a. Power cranes, shovels, loaders, diggers or
drills; or
b. Road construction or resurfacing equipment
such as graders, scrapers or rollers;
5. Vehicles nol described in Paragraph 1., 2., 3.
or 4. above that are not self-propelled and are
maintained primarily to provide mobility to
permanenlly attached equipment of the
following types:
a. Aar compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well-servicing equipmenti or
b. Cherry pickers and similar devices used to
raise or iower workers: or
6. Vehicles not described in Paragraph 1., 2., 3.
or 4. above maantained primarily for purposes
other than the transportation of persons or
cargo. However, self-propelled 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, building
cleaning, geophysical exploration, lighting
or well-servicrng equrpment.
page 135 of 163
However, "mobile equipment" does not include
land vehicles that are subrect to a compulsory or
llnancial responsibility law or other motor vehicle
insurance law where it is licensed or principally
garaged. Land vehicles subrecl to a compulsory or
financial responsibility law or other motor vehicle
insurance law are considered "autos".
L. "Pollutants" means any solid, liquid, gaseous or
thermal irritant or contaminant. including smoke,
vapor, soot, fumes, acids, alkalis, chemicais and
waste. Waste includes materials to be recycled,
reconditroned or reclaimed.
M. "Property damage" means damage to or loss of
use of tangible property.
N. 'Suit" means a civil proceeding in which:
1. Damages because of "bodily injury" or
"property damage"; or
2. A "covered pollution cost or expense";
to which this insurance applies, are alleged.
'Suit" includes:
a. An arbitration proceeding in which such
damages or "covered pollution costs or
expenses" are claimed and to whrch the
"insured" must submit or does submit with
our consent; or
b. Any other alternative dispute resolution
proceeding in which such damages or
"covered pollution costs or expenses" are
claimed and to which the insured submits
with our consent.
O. "Temporary worker" 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" includes semitrailer.
5003
Page 12 ol 'l.2 @ lnsurance Services Office, lnc., 201 1 ca0001 10 t3
ffi
The follo!\,ing replaces Paragraph A,5., Tmnsfer ol
Rlghts Ol Recovery Agalnsl othe6 To Us, of the
CONDITIONS Section:
5. Transfer Of Rights Of Recovery Against Oth-
ers To Us
We waive any right of recovery we may have
against any person or organization to the extent
page 136 ol 163
required of you by a written contract executed
prior to any 'accilent' or "loss', provided that lhe
"accident" or "loss" arises out of the operations
contemplated by such contract The waiver ap-
plies only to the person or organization desig-
oated in such contract.
Leighton Consuhang, lnc.
8A3870A4312243G
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
5U)4
cA T3 40 02 15 O2015 Ihe Travolers lndemnrty Company. AllrEhl6 1356rv€d.
lndud6s copynghled mel6nrlot lnsuranca Ssrvlc66 Ollic€.lnc. \nh |b p6rmis3ron
Page 1 of 1
page 138 of '1 63
Leighton Consulling, lnc.
ENDoRSEMENT Wc 990376( A)-
POLTCY NUMBER: uBl R509S812243G
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WATVER)
Wg have tho right to rscovor our paymonls from enyone liable lor an injury covs.ed by this policy. We will not
onforc€ our right again$ the person or organization named in the Schgdu16.
Ihe additional promium for this endorsement shall be o/o oI the Calilornia workars' componsation pre-
mium
Schedule
Person or Organization Job Description
,-.
TRAVELERSJ
ANY PERSON OR ORGANIZATION FOR
WHICH THE INSURED }tAS AGREED BY
WRITTEN CONTRACT EXECUTED PRIOR
TO I,OSS TO FURNISH THIS WAIVER.
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
This ondorsem6nt chenges the policy to which it is altached and is effeclive on the date issLred unloss otherwiso
stat6d.
(The intormation below is requirad only wh6n thiB endorBomenl is iBBued subsequenl to preparation of
the policy.)
Endorsomont Efleclive Policy No. Endorsoment No.lnsurod Premium
lnsurance Company
500ri
OATE OF ISSUE:ST ASSIGN
Countersignsd by
Pag6 1 of 1
EHWlri:il{rrwfi
l!l|E*!*ER?J'
El4:1-'.]s
page 140 of 163
Leighton Consulling, lnc 006546318
LEXNGTON INSURANCE COMPANY
Administrative Offices: 99 High Stre€t, Boston, Massachusetts 02110
Commorcial Umbrolls Li8 bility Policy
Occurrence Form
Various provisions in this policy restrict coverage. Read the entire policy csrefully to determine rights,
duties and \^hat is and is not covered.
Throughout this policy the rnords "you" and "your" refer to the "Named lnsured" showr in the
Declaratons and any other person or organization qualifying as an "lnsured" under this policy. The
uords "ue," "us" and "our" refur to the company providing this insurance.
Words that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS.
SECTION I . INSURING AGREEMENT - COMMERCIAL UMBRELLA LIABILITY
A. We vrill pay on behall o{ the "lnsured" those sums in excess of the "Retained Arnount" that the
"lnsured" becornes legally obligated to pay as damages because oI "bodily injury", "property
damage', or "personal and advenising injury" to wtrich this insurance applies. The amount \^€ \^ill
pay is limited as described in SECTION lV " LIMITS OF INSURANCE,
No otrer obligation or liability to pay sums or perform acts or services is covered unless explicitly
provided for under SECTION ll - DEFENSE ANO SUPPLEMENTARY PAYMENTS.
B. This policy appiies, only if:
1. The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the
"coverage terrhory"; and
2 The "bodily injury" or "property damage" occurs during the "policy period";
3. The "personal and advertising iniury" is caused by offense arising out o{ your business, but
only il the offense v\€s committed in the "coverage territory" during the "policy period"; and
4. Prior to the "policy period", no "lnsured" shovr in Paragraph J.2.a. ot SECTION V
DEFINITIONS and, no o{fcer, no manager in your risk management, insurance or legal
departrnent and no "employee" \,ho was authorized by you to give or receive notice o{ an
"occurrence", o{funse, claim or "suit", knew trat the "bodily injury" or "property damage" had
occurred, in \ hole or in part, or tlat an "occurrence" had been committed trat caused "personal
and advertising iniury", If such an "lnsured", officer. manager or authorized "employee" knew,
prior to the "policy period', that the "bodily iniury" 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" hill be deemed to have been knovv.l prior to
the "policy period".
C. "Bodily iniury", "property damage", or "personal and advertising injury" wtrich occurs during the
"policy period" and was not, prior to the "policy period", knovm to have occurred by any "lnsured"
show'r in Paragraph J.2.a. ol SECTION V - DEFINITIONS or any olficer, any manager in your risk
management, insurance or legal departrnent or any "employee" authorized by you to give or
receive notice of an "occurrence", ofrense, claim or "suit". includes any continuation, change or
resumption o{ tlat "bodily injury", "property damage", or "personal and advertising injury" after
the end of the "policy period".
D. "Bodily injury", "property damage" or "personal and advenising injury" vrill be deemed to have
been kno\n to have occurred at the earliest time when any "lnsured" shov\n under Parsgraph
J.2.a. of SECTION V. DEFINITIONS, any orfcer, any manager in your risk management. insurance
or leqal departrnent or any "employee " ,Atto , 6s authorized by you to give or receive notice ol an
"occurrence", offunse, claim or "suit":
'L Reports 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 claim lor damages because of the "bodily injury",
"property damage" or "personal and advenising injury"; or
OC,UMBR
1X9799 ( 10/O5t Padc 1 ol 24
Bi#e#ffi page '1 4 1 of 'l 63
3. Becomes auEre by any other means that "bodily injury" or "property damage" has occurred or
has begun to occur or that an "occurrence" or olfunse has been commifted that has caused or
may cause "personal and advenising injury".
E. Damages because of 'bodily iniury" include damages claimed by any person or organization for
care, loss of services or death resulting at any time from the "bodily injury".
F. l, v\,e are prevented by law or statute lrom palng damages covered by this poiicy on behalf of the"lnsured". then v\E \ ill indemnify the "lnsured" ior those sums in excess ol the "Retained
Amount".
SECTION II - DEFENSE AND SUPPTEMENTARY PAYMENTS
A. We vrill have the right and duty to defund any "suit" against the "lnsured" that seeks damages lor
"bodily injury", "property damage" or "personal and advertising injury" to which this insurance
applies, even if the 'suit" is groundless, false or lraudulent when:
1. The total applicable limits of "scheduled underlying insurance" and any applicaue "other
insurance' have been e*rausted by payment o, damages to which this policy applies; or
2 Subiect to Paragraph B. ol this Section ll, the damsges sought because oI "bodily iniury",
"property damage" or "personal and advertising iniury" \ould not be covered by "scheduled
underlying insurance" or any applicable "other insurance", even i{ the total applicaue limits oJ
either the 'scheduled underlying insurance" or any applicable "other insurance" had not been
et'rausted by the payrnent of damages.
lf \ € are prevented by law or statute from assuming the obligaions specified under tris provision,
ue uill pay any expenses incurred v',ith our consent,
B. We \ill have no duty to defund the "lnsured" against any "suit" seeking damages lor "bodily
injury", "property damage" or "personal and advertising injury" to vririch this insurance does not
apply, including, but not limited to, Paragraph W. o, SECTION lll - EXCLUSIONS.
C. \Mren vle assume the de&nse of any "suit" against the "lnsured" trat seeks damages to which this
insurance applies, 'ae r ill, subject to the limits ol insurance:
1. lnvestigate, negotiate and setde the "suit" as \ e deem appropriate; and
2 Pay'the,ollo\ ing Supplementary Payments to the ext8nt trrat such payments are not covered
by "scheduled underlying insurance" or any applicable "other insurance':
a, Al epenses rae incur;
b. Premiums on bonds to release attachments lor amounts not exceeding the applicade limits
of insurance ol this policy, but v\e are not obligated to apply for or furnish any such bond;
c. Premiums on appeal bonds required by law to appeal a judgement in a "suh" ior amounts
not exceeding the applicable limits o, insurance ol this policy, but \,1€ are not obligated to
apply for or furnish any such bond;
d. AII court costs taxed against the "lnsured' in the "suit";
e. Pre-judgment interest a\ 6rded against the "lnsured" on trat part o{ the judgment vrithin the
applicable limiB o, insurance of this policy \ € p8y. lf v\E make an offer to pay tr)e
applicable limit ol insurance, \ e \^ill not pay any pre-judgment interest accruing after vre
make such olfur;
I. Post-iudgment interest that accrues after entry of,udgment on trrat pan of the iudgement
\ ithin the applicable limits oI insurance ot this policy \E pay and belore \€ have paid,
offered to pay or deposited in court that part of tle judgment that is \ ithin the applicable
limits o{ insurance of this policy; and
g. The "lnsured's" eXcenses incurred at our request or \,ith our consent,
D. Except as provided in Paragraph A above, \rE \ill have no duty to deftnd any "suit" against the
"lnsured". We rdll, horaever, have the right, but not the duty. to participate in the detnse o, any
"suit" and the investigation oI any claim to \ frich this policy may apply. ll vre e)Grcise this right,
v\€ !^all do so at our oun epense.
OC.UI\BR
1X9799 1',t(y06)Pag. 2 ol 24
ffi page 142 of 163
E W€ v\,ill not delend any "suh", or pay any attorney fues or litigation e&enses including, vritrout
limitation, fre expenses described in Paragraph C.2., above that accrue after the applicaUe limi6 ol
insurance o{ this policy harae been e*rausted by the payment of damages and rae raill have the rightto \ithdraw from the furfier defunse oJ such "suit" by tendering contol of said deftnse to he
"lnsured".
sEcTroN u - ExcrusroNs
This insurance does not apply to:
A. Expected or lntended lnjury
"Bodily injury", or 'property damage" epected or intended fiom the standpoint of the "lnsured'.
This exclusion does not apply to "bodily iniury" resulting ftom the use oI reasonable force to
pro@ct persons or property,
B. Co ntractual Lis bility
"Bodily injury" or "property damage" lor vrtrich the "lnsured" is obligated to pay damages by
reason oJ the assumption o, liability in a conract or agreement. This exclusion does not apply to
liabiliW for damages:
1. That the "lnsured" \ ould have in the absence of the confact or agreement; or
2 Assumed in a conract or agreement that is an "insured confact" provided the "bodily injury"
or " property damage" occurs subsequent to the execution of the confact or agreement. Solely
for the purposes of liability assumed in an "insured contact" reasonable attorney bes and
necessary litigation epenses incurred by or for a party other than an "lnsured" are deemed to
be damages because of "bodily injury" or "propem/ damage", and included \,^ihin the limits of
insurance, provided:
a. Liability to such pafty for, or Ior the cost of, that party's deftnse has also be6n assumed in
the same "insured contract"; and
b. Such attorney fues and litigation e&enses are br defunse of th8t party against a civil or
alternative dispute resolution proceeding in \,hich damages to v*lich fiis insurance applies
are alleged.
G. Liquor Liability
"Bodily injury" or "property damage" fur vhich any "lnsured" may be held liable by reason of:
1. Causing or contributjng to the intoxication o{ any person;
2 The furnishing of alcoholic b€verages to a person under the legal drinking age or under the
infuence oI alcohol; or
3. Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic
beverages.
Hov\€ver, fris exclusion v\ill not apply i, coverage is provided ior such "bodily injury" or "property
damage" by "scheduled underlying insurance".
Coverage under this policy for such "bodily injury or "property damage" \nill bllow the terms,
defnitions, conditions and exclusions of "scheduled underlying insurance", subject to the "policy
period", limits o, insurance, premium and all other terms, defnitions, conditions and exclusions o,
this policy. Provided, ho\^€ver, dlat coverage provided by this policy \ ill be no broader than the
coverage provided by "scheduled underlying lnsurance".
D. Workers'Compensation and Similar Lavus
Any obligaton of the "lnsured" under a \,^,orkers' compensation, disability benefts or unemployment
compensation law or any similar law.
E. E,R.I.S.A.
Any obligation oJ the "lnsured" under the Employee Retirement lncome Security Act of 1974
(including amendments relatng to the Consolidated Omnibus Budget Reconciliation Act of 1985), or
any amendment or revision therelo, or any similar law or regulation,
t0
OC-UMBR
1X9799 l10/06l P6g. 3 ol 24
ffi page 143 of 163
F. Auto Covorages
1. "Bodily injury" or "property damage" arising outofthe owtership, maintenance oruse oIany
"auto" v*rich is not a "covered auto"; or
2 Any loss, cost or e&ense payable under or resulting from any frst party physical damago
coverage; ncfault laW personal iniury protection or auto medical payments coverage; or
uninsured or underinsured motorist law
G. Employor's Liability
1. "Bodily iniury" to an "employee" o, the "lnsured" arising out oI and in the course of:
a. Employment by the "lnsured"; or
b. Perfrcrming duties related to the conduct of the "lnsured's" business; or
2 Any claim or "suit" brought by the spouse, child, parent, brother or sister o, fiat "employee"
as a consequence of paragraph 1 abo\€.
This exclusion applies:
1. Vvhether the "lnsured" may be liable as an employer or in any other capacity; and
2 To any obligation to share damages \ifi or repay someone else \ho must pay damages
because of the injury.
This exclusion does not apply to liability assumed by the "lnsured" under an "insured contract".
Vvith respect to iniury arising out of a "covered auto", his exclusion does not apply to "bodily
injury" to domestic "employees" not entided to \^Drker's compensation benefts. For the purpose
of fris insurance, a domestc 'employee" is a person engaged in household or domestic Mork
pertormed principally in connectons r,r.ith a residence premises.
This exclusion does not apply to the exEnt trat valid "scheduled underlying insurance" ,or the
employer's liability risks described above exists or uDuld have etsted but for the efraustion o{
underlying limits ,or "bodily injury".
Coverage under this policy for such "bodily injury or "property damage" \ill follow the terms,
definitions, conditions and exclusions ol "scheduled underlying insurance", subject to the "policy
period", limits of insurance, premium and all other terms, definitions, conditions and exclusions of
this policy. Provided, hov\ever, frat coveraqe provided by this policy v\ill be no broader than the
coverage provided by'scheduled underlying insurance".
H. Employmont Rolated Prsctices
Any claim or "suit" alleging or assening in any respect loss, injury, or damage (including
consequential bodily injury) in connection \ ith "wongful Ermination", and/or "discrimination ",
and/or "sexual harassment".
The lollovring defnitions apply to this exclusion:
"Wrongful termination" means termination o{ an employment reladonship in a manner [hich is
against the law and wongful, or in breach o, an implied agreement to continue employment.
" Discrimination " means Ermination of an employment relatonship or a demotion, or a Jailure or
refusal to hirg or promote an individual because ol race, color, religion, age. sex, disabiliw,
pregnancy, natural origin, sexual orientation or other protected category or characteristic
established pursuant to any applicable hderal, state, or local law, regulation, or ordinance.
"Serual harassment" means un\€lcome sexual advances and/or requests {or serual ,avors and/or
other verbal or physicsl conduct oi a sexJal nature that (1) are made a condition of employment
andlor 12) are used as a basis for employment decisions and/or (3) create a \4ork environment that
interferes \ ,ith performance.
l. Pollution
This insurance does not apply to:
1. any "bodity injury", "property damage" or "personal and advertising injury" arising out of the
actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape oi
''pollutants" anywhere at any time;
11
o c -ur!BR
1X9799 t1005)Pag.4 ot 24
ffi pago 144 of 163
2 Any loss, cost or expense arising out of any request, demand, order or statutory or regulatory
requirement that the "lnsured" or otrers test {or, monitor, clean up, remove, contain, Ueat,
detoxify or neutralize, or in any \6y r€spond to, or assess tre sfrects of "pollutants'; or
3. Any loss, cost or e)eense arising out ol any claim or "suit" by or on behall o, a governmental
authority lor damages because ot testing for, monitoring. cleaning up, removing, containing,
treating, detoifying or neutalizing or in any \ ay responding to, or assessing the effects o{
"pollutants ".
Ho\^€ver, Paragraph 1 of this exclusion \ill not apply il coverage frcr such "bodily injury" or
"property damage" as is described in paragraphs 1 through 6 b6low is provided by "scheduled
underllng insurance "
1. Products-Completed Oporations Hazard
Paragraph 1 o, this exclusion does not apply vrith respect to "bodily intury" or "property
damage" included raithin the "producB-completed operations hazard" provided frat "your
product" or "yoJr \ ork" has not at any time been:
a. Discarded, dumped, abandoned, throm au€y; or
b. Transported, handled, stored, treated. disposed ol or processed as \4€ste; by anyone.
2 Hostilo FirB
Paragraph 1 of this exclusion does not apply vvith respect to "bodily iniury" or "property
damage" arising out o, heat, smoke or fumes ,rom a "hostile fire".
3. Equipment to Heat the Building and Contactor/Lessee Operations
Paragraph 1 of this exclusion does not apply to:
a. "Bodily injury" sustained nithin a building and caused bysmoke, fumes, vapor or soot
lrom equipment used to heat the building; or
b. "Bodily injury" or "property damage" ior vfiich you may be held liable if you are a
contractor and the ovtrler or lessee ol such premises, site or location has been added to
your policy as an additional "lnsured" \^ith respect to your ongoing operations performed
for drat additional "lnsured" at such premises, site or location, and such premises, site or
location is not and never v\as ov\,ned or occupied by, or rented or loaned to, any "lnsured",
other than the additional "lnsured".
4. Fuels, Lubricants and Othor Operating Fluids - Mobile Equipmont
Paragraph 1 of this exclusion does not apply to:
a. "Bodily injury" or 'property damage" arising out o, the escape of fuels, lubricants or other
operating fluids that are needed to perform normal electrical, hydraulic or mechanical
functions necessary for the operation oi 'mobile equipment" or its parts if such fuels,
lubricants oI ofier operating fuids escape ftom a vehicle part designed to hold, store or
receive them, This exception does not apply if the "bodily injury. or "property damage'
arises out of the intentional discharge, dispersal or release ol the fuels, lubricanB or other
operating fuids. or il such fuels, lubricants or other operatng iuids are brought on or to
the premises, site or locaton \,Mth the intent fiat they be discharged, dispersed or released
as part o, the operations being perrormed by such insured conuactor or subconfactor; or
b' "Bodily lnjury" or "property damage" sustained \,ilhin a building and caused by the release
ol gases, fumes or vapors from materials brought into that building in connection \ ith
operations being performed by you or on your behalt by a contractor or subcontractor,
5. Fuels, Lubriconts. Fluids, otc. - Auto
Paragraph 'l of this exclusion does not apply to fuels, lubricants, fuids, e*)aust gases
or other similar "pollutants" that are needed {or or result fom the normal electrical, hydraulic
or mechanical functoning of an "auto" covered by "scheduled underlying insurance" or its
parB, if:
12
OC,UMAR
1X9799 110/05)Pasc 5 ol 24
I
ffi page 145 of 163
a. The "pollutants" escape. seep, migrate, or are discharged, dispersed or relesed directlyfom an "auto" part designed by its manulacturer to hold, store, receive or dispose of such
"pollutants "; and
b. Ths "lodily injury" or "property damage" does not arise out o, tre operation of any
equipment shown in Paragraphs 6b and 6c o, the defnition of "mobile equipment".
6 Upset, Ovenurn o. Damago or an Auto
Paragraph 1 oJ this exclusion does no1 apply to "occurrences" fiat take place anay lrom premises
owred by or rented to an 'insured" v\ith respect to 'pollutanb" not in or upon an "auto" covered
by "scheduled underlying insurance" if;
a. The "pollutants" or any property in \hich the "pollutants" are contained are upset, overturned
or damaged as a result of the mainEnance or use oJ an "auto' covered by "scheduled
underlying insurance"; and
b. The discharge, dispersal, seepage, migration, rele6e or escape of the "pollutants" is caused
directly by such upset, overturn or damage.
Coverage under this policy lor such "bodily iniury" or "property damage" as is described in
subparagraphs 1 through 6 above rrrill follow the terms, defnitions, conditions and exclusions o,
"scheduled underlying insurance", subject to lhe "policy period", limits of insurance, premium and
all other terms, definitions, conditons and exclusions ol this policy, Provided, ho\€ver, that
coverage provided by this policy v.ill be no broader than the coverage provided by "scheduled
underlying insurance'.
J. AJcr8ft Or Watercraft
"Bodily injury" or "property damage" arising out o, tre ovmership, maint€nance, use or entustment
to others of any aircraft, or vvatercraft ovfied or operated by or rented 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
\ rongdoing in the supervision, hiring, employment, training or monitoring of ofiers by that
"lnsured", if the "occurrence" \^hich caused the "bodily injury" or "property damage" involved the
ovnership, maintenance, use or entrustment to otrers oI any aircraft, or \ atercraft that is ov\ned or
operated by or rented or loaned to any "lnsured".
This exclusion does no1 apply to;
1. A \ Etercraft wtrile ashore on premises you ov\rl or rent;
2 A \aatercraft you do not ov\n that is:
8. Less than 26 feet long; and
b. Not being used to carry persons or property for a charge;
K. Wal
"Bodily injury" "property damage" or "personal and advertising injury", hov\ever caused, arising
directly or indirecdy out ofr
1. War, includinq undeclared or ciMl war; or
2 Warlike action by a military iorce, including acdon in hindering or deftnding against an actual or
e4cected attack, by any government, sovereign or other authority using military personnel or
othef agenG; or
3. Insurrection, rebellion, revolution, usurped po!1er, or action taken by governmental authority in
hindering or defunding against any of 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 furce or violence against
person or property, or commission of an act dangerous to human lifu or property, or commission of
an act flat interleres \ifi or disrupts an electronic or communication system, undertaken by any
person or group, wtrether or not acting on behalJ of or in any connection \ ith any organization,
government, pov\€r, authority or military force, when tle elfuct is to intjmidaE, coerce or harm:
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1. A government;
2 The civilisn population of a counvy, state or community; or
3. To disrupt the economy oI a country, state or community.
So long as the Terrorism Risk lnsurance Act o{ 2002 (the "Act"} is in effect. "terrorism" includes
an act o, terrorism as defined by Section 102. oefnitions o{ the Act and any revisions or
amendments thereto.
L. Damago to Propo y
"Property damage " to:
1. Property:
a. You o\,rl, rent or occupy, including any costs or epenses incurred by you. or any other
person, organization or entty, tor repair, replacement, enhancement, restoration or
mainbnance oI such property br any reason, including prevention of injury to a person or
damage to another's propeny; or
b. Oraned or transpofted by the "lnsured" and arising out oI the ovnership, maintenance or
use o, a "covered auto";
2 Premises you sell, give a\aay or abandon, if the "property damage" arises out of any pan of
those premises;
3. Property loaned to you;
4. Personal propeny in trre care, custody or control ol the "lnsured';
S That panicular pan ol real property on v\hich you or any contractors or subcontractors v\orking
directly or indirecdy on your behal{ are performing operations, if the "property damage" arises
out o{ those operations; or
6. That panicular part ot any property that must be restored, repaired or replaced because "your
rrrork" uas incorrecdy perrormed on it,
Paragraph 2 o{ this exclusion does not apply iI the premises are "your uork" 8nd urre never
occupied, rented or held lor rental by you.
Paragraphs 1b, 3, 4, 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack
agreement.
Paragraph 3 and 4 ol this exclusion do not apply to liability assumed under a witEn Trailer
lnterchange Agreement,
Paragraph 6 of this exclusion does not apply to "property damage" included in the "products-
completed operations hazard. "
M. Damsgs to Your Product
'Property damage" to "your product" arising out of it or any part o, it.
N. Damsgs to Your Work
"Property damage" to "your v\ork' arising out of it or any part of it and included in the "products-
completed operations hazard.'
This exclusion does not spply if the damaged \ ork or tte \ ork out o{ \,thich the damage arises uas
per{ormed on your behal{ by a subcontractor.
O. Damage to lmpsirod Proparty or Property Not Physically lniured
'Property damage" to "impaired property" or property that has not been physically iniured, arising
out ofi
1. A detect, defciency, inadequacy or dangerous condition in "your product" or "your v\Drk"; or
2 A delay or tailure by you or anyone acting on your behalf to perfiorm a contract or agreement
in accordance \ ith its terms.
This exclusion does not apply to the loss ol use o, otrer property arising out of sudden and
accidental physical injury to "your product" or ''your \ ork" aftor it has been put to its intended
use.
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P. Recall oI Products, Work or lmpaired Ptoporty
Damages claimed lor any loss, cost or expense incurred by you or others for the loss of use,
\ ithdra\,1al, recall, inspection, repair, replacement, adjustrnent, removal or disposal ofl
1. "Your product";
Z "Yout \ ork"; or
3. "lmpaired property";
i{ such product, ,rrork or property is nithdrawn or recalled fom tre market or {rom use by any
person or organization because of a kno'ln or suspected delect, deficiency, inadequacy or
dangerous condition in it.
O. E lectronic Data
Damages arising out of tre loss of, loss of use of, damage to, corrupdon ol, inability 10 access or
inability to manipulate electronic data.
As used in this exclusion, electronic data means information, facts or programs stored as or on,
created or used on, or transmitted to or {rom computer soft\ Ere, including systems and applications
soft\ are, hard or foppy disks, CD-ROMS, tapes. drives, cells, data processing devices or any other
media vfiich are used \it| electronically controlled equipment.
R. Fungus/Mold
"Bodily intury" or "property damage" or any other loss, cost or expense, including, but not limited
to losses, costs or epenses related to, arising ftom or associated vr,ith clean-up, remediation,
containment, removal or abatement, caused directly or indirectly. in \ hole or in part, by:
1. Any "tungus(i)", "molds(s)", mildewor yeast, or
2 Any "spore(s)" or toxins created or produced by or emanating lrom 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 of any "fungus{i)", "mold(s}", mildew or yeast, or
4. Any material, product, building component, building or structure. or any concentraton of
moisture, \ ater or otrer liquid within such material, product. building component, building or
structure, that contains, harbors, nurtures or acts as a medium lor any "fungus(i)", "mold(s)",
mildew, yeast or "spore(s)" or toxins emanating thereftom,
regardless of any other cause, event, material, product and/or building component that
cont'ibuted concurrendy or in any sequence to that "bodily iniury" or "property damage", loss,
cost or expense.
For the purpose of this exclusion, the lolloning definitions are added to the policy:
"Fungus(i)" includes, but is not limited to, any o, the plants or organisms belonging to fie maior
group fungi, lacking chlorophyll, and including molds, rusts, mildev\,s, smuts, and mushrooms.
"Mold(s)" includes, but is not limited to, any superfcial grovvlir 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 iniury". "property damage", or "personal and advenising injury" lor past, present or
future claims arising in whole or in pan, either directly or indirecty, out of tre manubcture,
distribution, sale, resale, rebranding, installation, repair, removal, encapsulation, abatement,
replacement or handling or, exposure to, ingestion of or @sting for, lead whether or not the lead
is or uEs at any time airborne as a particle, contained in a product, carried on clothing, inhaled,
tansmitted in any Iashion or found in any iorm vfiatsoever;
Z The costs of clean up or removal oJ lead or products and materials containing lead;
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3. The costs of such actions as may be necessary to monitor, assess and evaluate the release or
threat of same, or lead or products and material containing lead;
4. The cost of disposal of lead substances or the taking of such other action as may be necessary
to temporarily or permanenty prevent, minimize or mitigate damage to lhe public health or
v€lfure or to the eflvironment, wtrich may other\^ise resulu or
5. The cost of compliance \ ith any law or regulation regarding lead.
T. Asbestos
1. "Bodily injury" in any \4€y arising out of fie use by any person or organization of or exposure to
asbestos, asbestos products, asbestos fbers or asbestos dust;
2 "Property damage" to real propety arising out of the use by any person or organization ot
asbestos, asbestos products, asbestos fbers, asbestos dust, including \ ithout limitation the
costs incurred \,ith respect to the removal or abatement of asbestos, asbestos products,
asbestos fbers or asbestos dust fom or in such real property;
3. Any obligation of the "lnsured" to indemnify any party because o, damages arising out o,
such "property damage", "bodily injury", sickness, disease, occupational disease, disability,
shock, death, mental anguish or mental injury, at any time as a result of the manufacture or,
mining o{, use or, sale o{, removal ol, distribution of, or exposure to asbestos, asbestos
products, asbestos fibers or asbestos dust; or
4. Any obligation to de{end any claim or "suit" against the "lnsured" alleging "bodily injury",
sickness. disease, occupational disease, disability, shock, death, mental anguish or mental
injury or "property damage" resulting trom or confibuted to, by any and all manufacture of,
mining oJ, use oI, sale o{, removal of, distribution of, or exposure to asbestos, asbestos
products, asbestos fibers or asbestos dust.
U. Nuclear
1. "Bodily injury" or "property damage"i
a. \Mth respect to \hich an "lnsured" under the policy is also an "lnsured" under a nuclear
energy liability policy issued by Nuclear Energy Liability Insurance p€sociaton, fvfutual
Atomic Energy Liability Underv\riters, Nuclear lnsurance Association or Canada or any such
policy but for its terminaton upon e*raustion ol its limit o, liability; or
b. Resulting lrom the "hazardous propenies" of "nuclear material" and \ith respect to which
(i) any person or organization is required to maintain financial protection pursuant to the
Atomic Energy Act o{ 1954, or any law amendatory thereof, of (ii) trre "lnsured" is or had
this policy not been issued uould be, entted to indemnify fom the United States ot
America, or any agency thereof, under any agreement entered into by the United States of
America, or any agency there oI \ ith any person or organization,
2 "Bodily injury" or "property damage" resultng lrom the "hazardous properties of "nuclear
material", if;
a. The "nuclear material" (i) is at any "nuclear facility" owred by, or operated by or on behalf
of, an "lnsured" or (ii) has been discharged or dispersed therefrom;
b. The "nuclear material" is contained in "spent fuel" or "M€ste" at anytime possessed.
handled, used, processed, stored, transponed or disposed of by or on behalf ol the
"lnsured"; or
c. The "bodily injury" or "property damage" arises out ot the furnishing by an "lnsured" o,
services, materials, parts or equipment in connection witr the planning, consuucton,
maintenance. operation or use of any "nuclear Iacility",
3. "Bodily injury" or "property damage" resulting lrom lhe intentional or unintentional detonation oJ
any nuclear bomb or nuclear device,
16
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LX9799 11O/(}5)Pagc I of 24
ffi
It As used in this exclusion, the follov ng definitions apply;
a. "Hazardous properties" include radioactive, toxic or e&losive propenies;
b. "Nuclear material' means "source msterial", "special nuclear material" or "by-product
material";
c. "Source material", "special nuclear material" and "by-product material" have the meanings
given them in Atomic Energy Act o{ 19M or in any law amendatory lhgreof;
d. "Spent fuel" means any fuel element oI fuel component, solid or liquid vrtrich has been
used or exposed to radiation in a "nuclear reactor";
o. "Waste" means any waste material (l) containing "by-product material" other than the
tailings or wastes produced by the extraction or concentration of uranium or thorium form
any ore processed primarily lor its "source material" content, and (ii) resulting ,rom the
operatjon by any person or organization of any "nuclear facility" included under the frst t\,o
paragraphs of the defnition oI "nuclear facility";
I. " Nuclear facility" means:
(i) Any "nuclear reactor";
(ii) Any qquipment or device designed or used {or (a) separating the isotopes or uranium or
plutonium, (b) processing or utllizing "spent fue1", or (c) handling, processing or
packaging "\ €ste ";
(iii) Any equipment or device used for the processing, fabricating or alloying of "special
nuclear malerial" i, at any time the total amount of such material in the custody of the
"lnsured" at the premises where such equipment or device is located consists of or
contains more than 25 grams o, plutonium or uranium 233 or any combination thereol.
or more that 25O grams o, uranium 235;
(iv) Any sructure, basin, excavation, premises or place prepared or used for the storage or
disposal or "waste";
and includes the site on wtrich any o{ the foregoing is located, all operations conducted on
such site and all premises used ior such operations.
V. Securities snd Financial lntersst
Any lialility arising out of:
1. Any violation of any securities law or similar law or any regulation promulgated thereunder;
2 The purchase, sale, offer of sale or solicitation of any security, debt, insurance policy, bank
deposit or financial interest or instrument;
3. Any representation made at any time in relaion to the price or value o{ any security, debt,
insurance policy, bank deposit or fnancial interest or instrument; or
4 Any depreciation or decline in price or value of any security, debt, insurance policy, bank
deposit or financial interest or instrument.
W. Covsrags excluded or sublimitod by the Schedulod Underlying lnsurancs
"Bodily injury", "propefty damage", or "personal and advertising injury" vrlrich:
1. ls not covered by the "scheduled underlying insurance" by reason of an exclusion contained in
or at any time added to such "scheduled underlying insurance"; or
2 ls in any vvay subiect to a sublimit wtrich is less than the limits oJ insurance ot such "scheduled
underlying insurance".
X Silica
1. "Bodily injury", sickness, disease, occupational disease, disability, shock, death, mental
anguish or mental iniury, and/or any other type o, injury, loss, cost, damage, or e&ense
sustained by any person for the real or alleged emergence, confaction, aggravation or
exacerbadon oI any {orm o{ silicosis or any other disease o{ the human body caused by,
arising out oI, or resuldng fom fie manufactlre, mining, use, sale, removal, or distribution by
1
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any person or organization o{ silica, silica products, silica fibers or silica dust, or the eposure
to silica, silica products, silica fibers or silica dust; or
2 Any obligation of the insured to de{end and/or indemnify any party because of damages arising
out o, such "bodily injury", sickness, disease, occupational disease, disability, shock, death,
mental anguish or mental injury, €t any time caused by, srising out oJ, or resulting ,rom the
manufacure of, mining ot, use of, sale ot, removal of. distribution of, or erposure to silica, silica
products, silica fbers or silica dust,
y, Molotion Of Stgtutss ln Connoction With Sending, Transmining Or Communicating Any
Material Or lnlormation
Any claim or "suit" alleging or assening that any act or omission violates any statute, ordinance or
regulation ot any fuderal, state or local government, including any amendment ot or addition to such
lav\E, that includes, addresses or applies to the sending, transmitting or communicating ot any
material or inbrmation, by any means l,rhatsoever.
Z. Other Personal and Advsrtising lniury
"Personal and advertising iniury":
1. Caused by or at the direction oI the 'lnsured" \ ith the kno\ i6dge that the act \^ould violate lhe
rights ol another and \ ould inffict "personal and advertising iniury".
2 Aising out ol oral or witten publication o, material, i, done by or at the direction o, the
"lnsured" v\ith knovJedge of its falsity.
3. Arising out of oral or witEn publication of material \ hose frst publication took place bebre the
beginning of the policy period.
4. Arising out of a criminal act committ€d by or at the direction ol the "lnsured".
5' For which the "lnsured" has assumed liability in a contact or agreement. This exclusion does
not apply to:
8. Liability for damages that tre "lnsured" uould have in fie absence oI t\e confact or
agreemenu or
b. Liability lor false arrest. detentjon or imprisonment assumed in a contract or agreement.
6. Arising out of a breach of contact, exc€pt an implied contact to use anotrer's advertjsing idea
in your " advertisement".
7. Arising out of trle failure of goods, products or services to conform vrifi any statement of quality
or perlormance made in your "advertisement".
8. Arising out ot the wong description ol the price of goods, products or s€rvices stated in your
"advertisement".
9. Arising out ol the infringement of copyright, patent, r8demark, trade secret or oher intellecual
property rights. Ho'aever, this exclusion does not apply to inftingement, in your
"advertisement", of copyright, trade dress or slogan.
10. Committed by an "lnsured" whose business is:
a. Adrertising, broadcasting, publishing or telecasting;
b. Designing or determining content of \ Ebsites for others; or
c. An internet search, access, content or service provider.
H o\ € ver, this exclusion does not apply to Paragraphs '1 , 2 aod 3 of the defnition of " person al
and advertising injury" in SECTION V - DEFINITIONS.
For the purposes of this exclusion, the placing of lrames, borders or links, or advertising, ,or
you or others anyv*rere on the lnternet, is not by itsell, considered the business oI advenising,
broadcasdng, publishing or telecasting.
11. Arising out of an electronic chEfoom or bulletin bosrd the "lnsured" hosts, o\ns, or over wtrich
the "lnsured" exercises control,
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12 Arising out o{ the unauthorized use of another's name or product in your e-mail address,
domain name or meta tag, or any other similar tactics to mislead another's potential customers.
SECTION IV. LIMITS OF INSURANCE
A. The limits of insurance show'r in ltem 3 of the Declarations and the rules below state the most ue
\ ill pay for all Damages under this policy regardless of the number ol:
1. "lnsureds";
2 Claims made or "suits" broughu or
3. Persons or organizations making claims or bringing "sui6".
B. The General &gregate Limit is the most \ e \ ,ill pay for all dam4es under this policy, except ,or:
1. Damages included \ ithin the " products- completed operations hazard"; and
Z Damages because of "bodily iniury" or "property damage" to r,rhich this policy applies, caused
by an "occurrence" and resulting ,rom the omership, maintenance or use oJ a "covered auto".
C. The Products-Completed Operations Aggregate Limit is the most u,e \,ill pay tor all damages
included in the "products-completed operations hazard".
D. Subject to Paragraphs B and C above, \ hichever applies, the E ach occurrence Limit is the most
\,e \ ill pay {or the sum oI all damages arising out of any one "occurrence" or of{ense.
E. Subject to Paragraphs B and C above, \ hiche\€r applies, the most \,e v\,ill pay Jor damages under
this policy on behall o{ any person or organization to whom you are obligated by a v\ritten "insured
contract" to provide insurance such as is afforded by this policy is the lesser of the limits oI
insurance showr in hem 3 o{ the Declarations or the minimum limits of insurance you agreed to
procure in such witten "insured contract".
F. This policy applies onlyin excess of the total applicable limits or "scheduled underlying insurance"
and any applicable "other insurance" wtlether or not such limiB are collectible. lf, houever, a
policy show) in the Schedule of Underlying lnsurance has a limit of insurance:
1. Greater than the amount shovn in such schedule, this policy \&ill applv in excess of such
greater amount; or
2 Less than the amount sho\n in such schedule, this policy \,ill apply in excess o, the amount
shoun in the Schedule of Underlying lnsurance forming a part of this policy.
G. ll the total applicable limits of "scheduled underlying insurance" and any applicable "other
insurance" are reduced or e*rausted by the payment ol damages to wtrich this policy applies, rrc
vtill:
1. ln the event of reduction, pay damages in excess of the remaining total applicable
limits o, "scheduled underlying insurance" and any applicable "other insurance"; and
2 Subject to Paragraph E oJ SECTION ll - DEFENSE AND SUPPLEMENTARY PAYMENTS, in
the event of exhaustion, continue in force ss underlying insurance,
H. Expenses incurred to defund any "suh" or to investigate any claim vrill be in addition to the
applicable limits ol insurance of this policy. Provided, hov\€ver, that if such erpenses reduce the
applicable limits o, "scheduled underlying insurance", tren such expenses v\,ill reduce the
applicable limits of insurance o{ this policy.
l. The limits o, insurance of this policy apply separately to each consecutive annual period and to any
remaining period of less than tuelve (12) months, beginning \ith fie inception date ol the 'policy
period" showr in the Declarations, unless the "policy period" is exbnded after issuance ,or an
additional period of less than t\,elve (12) months. ln that case, the additional period vrill be deemed
pan o, the last preceding period for purposes o, determining the limits o{ insurance of this policy.
J. We will not make any payment under this policy unless and until;
1. The total applicable limits of "scheduled underlying insurance" and any applicable "other
insurance" have been exhausted by the payment o{ damages to vltrich this policy applies; or
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2 The total applicable "Self-lnsured Retention" has been satisfed by the payment of damages to
vrhich fris policy applies.
\lVhen the amount ot damages has been determined by an agreed setdement or a final judgement,
vre rnill promptly pay on behal, o{ tre "lnsured" the amount of damages {alling vrithin the terms oI
this policy, An agreed settlement means a settlement and release of liability signed by us, the
'lnsured" and the claimant or the claimant's legal representative.
SECTION V. DEFINITIONS
A. 'Advertisement" means a notice frat is broadcast or published to the general public or specifc
market segments about your goods, products or services for the purpose of attracting customers or
supporters. For the purposes oJ this defnition:
1. Notices that are published include material placed on the lnternet or on similar electronic means
o, communicaton; and
2 Begarding v\Eb-sites, only that pan ol a uEb-site that is abow your goods, products or s6rvices
tor the purposes of atEacting customers or supporters is considered an "advertjsement".
B. 'Arto" means:
1. A land motor vehicle, trailer or semitailer designed for ravel on public roads, incluling any
attached machinery or equipment; or
2 Any other land vohicle that is subject to a compulsory or fnancial responsibility law or other
motor vehicle insurance law in the state wtlere h is licensed or principally garaged.
Hov€ver, "auto" does not include "mobile equipment".
C. "Bodily injury" means bodily injury, disability, sickness, or disease sustained by a person, including
death resulting ,rom any o{ these at any time. "Bodily injury" includes mental anguish or other
mental iniury resulting from "bodily injury".
D. "Coverage territory" means:
1. The United States ol America, including its territories and possessions, Puerto Rico and
Canada; or
2 lf provided by the underlying policy, anyvfiere else in the \ Drld v\ith the exception oJ any
country or jurisdicdon \ +rich is subject to trade or olher economic sanction or embargo by the
United States of America.
lf \ E are prohibiEd by law from providing a defense in any location described in this defnition and
\ E are obligated to provide such debnse under SECTION ll - DEFENSE AND SUPPLEMENTAFY
PAYMENTS, vre vrill reimburse you {or legal bes and other deftnse erpenses incurred \Aith our
consent under the terms and conditions of this policy.
lf coverage {or a claim under lhis policy is in violation of any United States of Anerica's
economic or rade sanction, including, but not limited to, sanctjons administered and eniorced by
the U.S. Treasury Depanment's Office of Foreign Assets Control ("OFAC") then coverage for that
claim shall b€ null and void.
E. 'Covered auto' means only those 'auto6" to vfiich "scheduled underllng insurance" applies.
F, "Employee" includes a "leased rnorker". "Employee" does not include a "temporary \ orker".
G. "E)Gcutive officer" means a person holding any o{ tle officer positions created by your charter,
constjtution, by-laus or any other similar governing document.
H. 'Hostile fire" means a fre fiat becomes uncontrollable or breaks out fiom wtlere it \Es intended
to be.
l. "lmpaired property" means tangible property, other than "your product" or "your \,ork". that cannot
be used or is less useful becausel
1. lt incorporstes "your product" or "your v\ork " that is knowr or thought to be defuctive, defcient,
inadequate or dangerous; or
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2 You have failed to fulfll the terms of a contract or agreement;
if such property can be restored to use by:
1. The repair, replacement, adjustsnent o( removal of "your product" or "your \ ork"; or
2 Your fulfilling the brms of the conract or agreement.
J. "lnsur8d" means:
1. The "Named lnsured";
2 Except for liability arising out of the owrership, maintenance, or use oI "covered autos";
a. l{ you are designated in the oeclaratjons as:
l1) An individual, you and your spouse are "lnsureds", but only v\ith respect to the conduct
o, a business ol nttich you are the sole ovmer;
(2 A parfrership or ioint venture. you are an "lnsured". Your members and your part'rers.
and lheir spouses are also "lnsureds", but only \ ith respect to the conduct oJ your
business:
(3) A limited liability company, you are an "lnsured". Your members are also "lnsureds",
but only nih respect to fie conduct of your business. Your managers are "lnsureds",
but only \ ifi respect to their duties as your managers;
(4) An organization otirer than a partnership, joint ventJre or limit€d liability company, you
are an 'lnsured". Your "e)€cutive orfcers" and directors are "lnsureds", but only r^itr
respect to their duties as your officers or directors. Your stockholders are also
'lnsureds", but only \ith respect to their liability as stockholders;
(5) Afust, you are an "lnsured". Your trustees are also "lnsureds", but only \ith respect
to their duties as tustees;
b. Your "volunteer v\,orkers" only vrhile performing duties relst€d to the conduct oI your
business. Your "employees" other than your "executive offcers" (il you are an organization
other than a parmership, jcint venture or limited liability company) or your managers (if
you are a limited liability company), but only for acts thin the scope of their employment
by you or wtrile performing dutes related to the conduct oI your business, Ho\ EVer, none
of these "employees" or "volunteer \ Drkers" are insureds for:
(1) "Bodily injury" or "personal and advertising iniury":
(a) To you, to your partners or members (if you are a parhership or jcint venilre), to
your members (if you are a limited liability company), to a co-"employee" in the
course ol his or her employment or perfDrming duties related to the conduct o, your
business or to your other "volunteer raorkers" while perlorming duties related to the
conduct o{ your business; or any claim or "suit" brought by or on behall of the
spouse, child, parent, brother o. sister ol that co-"employee' or "volunteer \nmrker "
as a consequence of such "bodily iniury" or "personal and sdvertising iniury", or;
(b) For wtrich there is any obligation to share damages \ ith or repay someone else
wtro must pay damsges because o{ the iniury described in Paragraphs (1)(i) above.
(a "Property damage' to property:
(a) Ouned, occupied or used by,
(b) Rented to, in the care, custdy or control of, or over which physical contol is being
exercised br any purpose by you, any ol your "employees", "volunteer raorkers",
any part'ler or member (iJ you are a partrErship or ioint venture), or any member {i{
you are a limited liability company).
c. Any person (other than your "employee" or "volunEer vrorker") or organization while actng
as your real estate manager;
d. Your legal representative if you die, but only v\ith respect to duties as such. That
representative vlill have all your rights and duties under this policy;
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1X9799 t 10/06)Pag. 14 ol 24
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o. Any person or organization, other than the "Named lnsured", included as an additional
"lnsured" under "scheduled undedying insurance", but not ,or broader coverage tlan
\ ,ould be aftorded by such "scheduled underlying insurance".
3. Only vnth respect to liability arising out of tte omership, maintenance, or use oJ "covered
autos"'
a. You are an "lnsured";
b. Atyone else vfiile using lr.ith your permission a "covered auto" you ov.n, hire. or borrow is
also an "lnsured" except;
(1) The ovrner or anyone else from \hom you hire or borrow a "covered auto", This
exception does not apply il the "covered auto" is a trailer or semi-trailer connected to a
"covered auto" you Ovrn;
(2) Your "employee" i, the "covered auto" is ow)ed by that "employee" or a member of
his or her household;
(3) Someone using a "covered auto" while he or she is vrorking in a business of selling,
servicing, repairing, parking or storing "autos" unless that business is yours;
(4) Anyone other than your "employees", parfiers {it you are a parhership), members (i{
you are a limited liability company), or a lessee or borror Er or any ol their
"employees", vfiile moving property to or from a "covered auto";
{5) A parher (il you are a parhership), or a member (if you are a limited liability company)
for a "covered auto" ovtned by him or her or a member oJ his or her household;
(6) "Employees" \ ith respect to "bodily injury" to any bllow "employee" of the "lnsured"
arising out o, and in the course ol the {ellow 'employee's" employment or while
performing duties related to tre conduct o, your business;
c. Anyone liable for the conduct o{ an 'lnsured" described above is also an "lnsured", but
only to the e)(ent o{ that liability.
4. Not, ithstanding any ol the above:
0. No person or organization is an 'lnsured' \ ith respect to tre conduct of any current, past
or nevriy formed parhership, joint ventJre or limited liability company that is not designaEd
as a "Named lnsured" in ltem 1 of the Declarations; and
b. No person or organization is an "lnsured" under this policy v,,ho is not an "lnsured" under
"scheduled underlying insurance ".
K. "lnsured confact" means that part ot any contact or agreement pertaining to your business under
which any "lnsured" assumes the tort liability o, another psrty to pay ior "bodily inlury" or "property
damage" to a third person or organization. Tort liability means a liability that \ ould be imposed by
law in the absence oJ any contract or agreement.
'lnsured conract" does not include that pan ol any contract or agreement:
1. That indemnifes a railroad ior 'bodily iniury" or "property damage" arising out o{ construction
or demolition operations, \ ithin 50 fuet ol any railroad property and arfucting 8ny railroad bridge
or treste, vacks, road-beds, tjnnel, underpass or crossing;
2 That indemnifies an archilect, engineer or surveyor for injury or damage arising out o{l
8. Preparing, approving, or failing to prepare or approve, maps, shop drav.ings, opinions,
reports, surveys, feld orders, change orders or dra\ ings and specifcations; or
b. GiMng directions or instructions, or fuiling to give them, if lhat is the primary cause oI the
iniury or damage; or
3. Under wttich tle "lnsured", if an srchitect, engineer or surveyor, assumes liability ior an iniury
or damage arising out ol the "lnsured's" rendering or Jailure to render prolessional services,
including those shovm in subparagraph 2 above and supervisory. inspecton, archibctural or
engineering activities.
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1X9799 ( 1005)Pae6 15 of 24
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L. "Loading or unloading" means the handling ol property;
1. After it is moved fom the place vr,here it is accepted {or movement into or onto an aircraft or
v\atercraft;
2. \Mrile it is in or on an aircraft or \ €tercraft; or
3. While it is being moved fom an aircraft or \ Etercraft to fie place \,*rere it is finally delivered;
but "loading or unloadinq" does not include the movement o{ property by means of a mechanical
device, other than a hand truck. trat is not attached to the aircraft or \ /atercraft.
M. "Leased \ /Drker" means a person leased to you by a labor leasing frm under an agreement
betu€en you and the labor leasing frm, to perform duties related to lhe conduct of your business.
"Leased vrorker" does not include a "temporary lr,orker".
N. "Mobile equipment" means any of the iollowing types of land vehicles, including any attached
machinery or equipment:
1. Bulldozers, ,arm machinery, lorklitts and other vehicles designed for use principally off public
roads;
2 Vehicles maintained br use solely on or next to premises you owr or rent;
3. Vehicles that travel on cravJer treads;
zl. Vehicles, wtrether self-propelled or not, maintained primarily to provide mobility to permanendy
mounted:
a. Polrer cranes, shovels, loaders, diggers or drills; or
b. Road consfugtion or resurfacing equipment such as graders, scrapers or rollers;
5. Vehicles not described in Paragraph '1,2,3 o( 4 above that are not self-propelled and are
maintained primarily to provide mobility to permanenty attached equipment of the follo\ ing
types:
a. Air compressors, pumps and generators, including spraying, vrelding, building cleaning,
geophysical e&loration, lighting and uell servicing equipment; or
b. Cherry pickers and similar devices used to raise or loraer uorkers;
6. Vehicles not described in Paragraph 1, 2, 3 ot 4 above maintained primarily {or purposes other
than the transportation of persons or c6rgo.
Ho\EVer, self-propelled vehicles rrith the {ollouing types ol permanenty attached equipment
are not "mobile equipment", but \,ill be considered "autos":
a" Equipment designed primarily for:
(i) Snow removal;
(ii) Road mainbnance, but not constuction or resurhcing; or
( iii) Sreet cleaning;
b. Cherry pickers and similar devices mounted on automobile or tuck chassis and used to
raise or lo$€r uDrkers; and
c. Air compressors, pumps and gen€rators, including spraying, vrelding. building cleaning,
geophysical e&loration, lighting and \ Ell servicing equipment,
Horaever, "mobile equipment" does not include land vehicles that are subject to a compulsory or
fnancial re5ponsibility law or other motoI vehicle insurance law in the state where it is licensed or
principally garaged. Land vehicles subject 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 designated in lt€m 1 ol the Declarations;
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2 Any organization in v*rich you maintain an interest oJ more than ffty percent (5O7o) and vrtrich
is included as a named insured under "scheduled underlying insurance", as of the etfective
date oJ this policy 8nd to vfiich more specifc insurance does not apply, provided that this
policy does not apply to any "bodily injury" or "property damage" that occurred or any "
personal and advertising iniury" that was caused by an "occurrence" that vlEs committed
before you acquired or formed such organization or after you ceased to maintain an interest ol
more fran ffty percent (50%) in such organization; and
3. Any organization, except Jor I part'rership, joint venture or limitad liability company, $at you
acquire or form during the "policy period" in vrtrich you maintain an interest of more han ffty
percent (50%) and to which more specifc insurance does not apply, provided that:
a. Such organization is included as a named insured under "scheduled underlying insurance";
b. This policy does not apply to any "bodily injury' or "property damage" that occurred or any
"personal and advertising injury" that vras caused by an "occurrenco" fiat \ @ committed
before you acquired or lormed such organization or after you ceased to maintain an interest
of more than fiIty percent (50o/o ) in such organization; and
c. You give us prompt notice alter you acquire or lorm such organization.
Subject to the provisions of Paragraphs 3a, 3b and 3c above, a pannership, jcint venture or
limited liability company that you acquire or form during the "policy period" may be added as
an "lnsured" only by a witbn endorsement that \/l€ make a part o, this policy.
We may, at our option, make an additional premium charge br any organization that you
acquire or frcrm during the "policy period".
P. "Occurrence'means:
1. As respects "bodily injury" or "property damage", an accident, including continuous or
repeated e&osure to substantially the same general harmful conditions. Al such e&osure to
subsbntially the same general harmful conditions \aill be deemed to arise out of one
" occurrence ".
ln the event oI continuing or progressively deterioraling damage over any length of lime, such
damage shall be deemed to be one 'occurrence", and shall be deemed to occur only \ tren
such damage frst commences.
2 fu respects "personal and advertising injury", an offense arising out of your business that
causes "personal and advertising injury". All damages that arise ftom the same, related or
repeated injurious material or act v\,ill be deemed to arise out of one "occurrence", regardless
of the Irequency or repetition thereof, the number and kind oI media used and the number ol
claimants.
O. "Other insurance" means a valid and collectiHe policy of insurance providing coverage ,or
damages covered in v*role or in part by this pdicy.
Horaever, 'other insurance" does not include "scheduled underlying insurance", the "Sel{-lnsured
Retention' or any policy of insurance specifically purchased to be excess of this policy affording
coverage that this policy also affords,
R. "Personal and advertising injury" means injury arising out of your business, including consequential
"bodily injury", arising out o, one or more of the follov\ing offunses:
1, False arrest, detention or imprisonment;
2 Malicious prosecution;
3. The \Mongful eviction fom, wongful enuy into. or invasion of the right of private occupancy o,
a room, d\ Elling or premises that a person occupies committed by or on behall of its or,mer,
landlord or lessor;
4. Oral or lvitten publication, in any manner, ol material that slanders or libels a person or
organization, or disparages a person's or organization's gods, products or services;
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LX9r99 ( 10/G5)Pagc 17 oi 24
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5' Oral or \ ritten publication, in any manner, of material fiat violates a person's right ol privacy,
6. The use oI another's advertising idea in your " advertiseme nt" ; or
7. lnfringement upon another's copyright, trade dress or slogan in your "ad\enisement".
S. "Policy period" means the period ot time fom the inception date shovn in ltem 2 of tle
Declarations to the earlier ol the e:piration date sho\Mr in ltem 2 of the Declarations or the effective
date o, termination of this policy.
T. "Pollutants" 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.
U. "Products-completed operatons hazard" means all "bodily injury" and "property damage" occurring
au€y from premises you owr or rent and arising out or "your product" or "your v\ork" except:
'1. Products that are stili in your physical possession; or
2 Work that has not yet b€en completed or abandoned. Ho\rgver, "your vrork " \ill be deemed
completed at the earliest of the follo\ ing times:
a. When all of the uork called lor in your contract has been completed;
b. Vlhen all o{ the vrork to be done at the iob site has been completed i{ your contract calls for
v\ork at more than one job she; or
c. When that part o, the v\,ork done at a job site has been put to its intended use by any
person or organization other than another contractor or subcontractor uorking on the same
project.
Work that may need service, maintenance, correction, repair or replacement, but v*lich is
other\ ise compleE, \dll b6 feated as completed.
" Products-completed operatons hazard" does not include "bodily injury" or "propeny damage"
arising out of:
1. The tansponation ol property. unless the injury or damage arises out o, a condition in or on a
vehicle not ov\ned or operated by you and that condition !€s crea@d by the loading or
unloading (meaning "loading or unloading" but \ ith respect to a vehicle) o, that vehicle by any
"lnsured"; or
2 The etstence of tools, uninstalled equipment or abandoned or unused materials.
V. "Property damage" means:
1. Ph\rsical injury to tangible property, including all resulting loss of use o, that property. Al such
loss oJ use \ ill be deemed to occur at the time ol the physical injury that caused it; or
2 Loss of use of tangible properti/ that is not physically injured. All such loss o{ use vrill be
deemed to occur at the time ol the "occurrence" that caused it.
For the purposes oI this insurance, electronic data is not tangible property.
As used in his defnition, electronic data means information, ,acts or programs stored as or on,
created or used on, or fansmitEd to or rrom computer soft\^€re, including systems and applications
softv\are, hard or foppy disks, CD-ROMS, tapes, drives, cells, data proc€ssing devices or any
other media which are used \ ith electronically controiled equipment.
W. " Retained Arnount' means:
1' The total applicaUe limits ol "scheduled underlying insurance" (plus any 'SelI- lnsured " retention
applicable thereto) and any applicable "other insurance" providing co\€rage to the "lnsured"; or
2 The "Self-lnsured Retention" applicaue to each "occurrence" that results in damages not
coveled by "scheduled underlying insuranca" nor any applicable "other insurance" providing
coverage to the "lnsured ".
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L X97S9 t 1CVOs'Pasa 18 ol 24
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HFJS
page 158 of 163
X "Scheduled underlying insurance" means;
1. The policy or policies ol insurance and limits of insurance (plus any selfnsured retention
applicable thereto) shov,n in the Schedule o, Underlying lnsurance; and
2 Automatically any rene!\€l or replacement o{ any policy in Paragraph 1 above, provided that
such rener 6l or replacement provides equivalent coverage to and affords limits of insurance
equal to or greater than the policy being renewd 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 aflords.
Y. "SelI-lnsured Retention" means the amount that is sho\/lrr in lEm 4 oI the Declarations.
Z. "Suit" means a civil proceeding in which damages because o{ "Bodily lniury", "Property Damage",
or "personal and advertising iniury" to \ hich this policy applies are alleged. "Suit" includes:
1. An arbitra on proceeding in vfiich such damages are claimed ond to \ trich tre "lnsured" must
submit or does submit \^atr our consent; or
2 Any other alternative dispue resolution proceeding in vfiich such damages are claimed and to
!*rich the "lnsured" subrnits $ath our corsent.
AA "Temporary worker" means a person \ho is furnished to you to substitjte for a permanent
"employee" on leave or to meet seasonal or short-term uorkload conditions .
BB,"Voluntser uorker" means a person \ho is not your "employee" and who donates his or her \,ork
and acts at the direction of and vrithin the scope ol duties determined by you, and is not paid a Iee,
salary or other compensation by you or anyone else for their !1ork perrormed lor you.
CC. "Your product" means:
1. Any goods or produc$, other than real property. manufuctured, sold, handled, distrihJted or
disposed ol by:
a. You;
b. Others tading under your name; or
c. A person or organization rahose business or assets you have acquired; and
2 Containers (other than vehicles), materials, parts or equipment furnished in connection v\ifi
such goods or products.
"Your product" includes:
1. Warranties or representations made at any time \ ith respect to the ftness, quality, durabilw,
pertormance or use of "your product"; and
Z The providing o, or lailure to provide \ arnings or instructions.
'Your product" does not include vending machines or olher property rented to or located lor the
use oJ others but not sold.
DD."YoJr raork" means;
1, Work or operatjons performed by you or on your behalJ; and
2 Materials, pafts or equipment furnished in connection \ith such raork or operations.
"Your uork" includes:
1. Warranties or representations made at any tme r,.ith respect to the ftness, quolity, durability,
performance or use of "Your Work"; and
2 The providing of or fuilure to provide uarnings or instructions.
SECTION VI . CONDITIONS
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LX9799 ( 10i05)Pagc 19 of 24
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u+?[;g$ffi page 159 of 163
A. Appeals
ln the event the frst Named lnsured or the frst Named lnsured's underlying insurer {il applicable)
elect(s) not to appeal a judgement in excess oI the "Retained Arnount", \ E may elect to make
such appeal at our o\ r'l cost and e&ense, and ue shall be liable for the taxable costs and
disbursements and interest incidental thereto, but in no event shall our liabiiity for damages exceed
the sum set lorth in the Declaration's br any one "occurrence", including the cost and epense o,
such appeal,
B. Examination of Your Books and Records
We may audit and examine your books and records as they relate to this policy at any tme during
the period of this policy and lor up to three (3) years after the epiration or t€rmination of this
policy.
G. Bankruptcy or lnsolvency
Your receivership bankruptcy, insolvency or inability to pay or the receivership bankruptcy,
insolvency or inability to pay of any ol your underlying insurers \ ill not relieve us ftom the payment
o, damages covered by this policy. But under no circumstances \ ill such receivership bankruptcy,
insolvency or inability to pay in any \^ray increase or expand our liability or require us to drop dovtrr,
replace or assume any obligation under "scheduled underlying insurance".
D. Cancollation
1. The frst Named lnsured shom in the Declarations may cancel this policy by mailing or
delivering to us advance vritten notice o{ cancellation.
2 We may cancel this policy by mailing or delivering to the frst Named lnsured witten notce o{
cancellation at least:
a. 1O days before the etfuctive date o{ cancellation iI rae cancel ,or nonpayment of premium; or
b. 30 days berore the e{fuctive daE of cancellation if rae cancel for any other reason'
3. We raill mail or deliver our notice to the first Named lnsured's last mailing address knov\n to us.
4, Notice o, cancellation \ill state the efleaive date ol cancellation. The 'policy period" r ill end
on trat date.
5. l{ this policy is canceled, 'ap will send the frst Named lnsured any premium refund due' lI v\€
cancel, the refund v\ill b€ pro rata. l, the frst Named lnsured cancels, earnod premium \^ill be
calculated in accordance \ ith the customary shon-rate table and procedure, or the Mnimum
Earned Premium at lnception of the policy shovn in ltem 5 o, the Declarations, which ever is
greater. The cancellation \ ill be efrective even i, v\€ have not made or o,fured a refund'
6. lf notice is mailed, proo, of mailing will be sufficient proof of notice.
E. Change ln Contlol
lf during the "policy period":
l. the frst Named lnsured designated in ltem 1 o{ the Declarations consolidates with or merges
into, or sells all or substantially all oI its assets to anY person or entty; or
Z any person or entity acquires an amount of fie outstanding ovrtership interests representing
more than 50% o, the voting or designation po\€r br the election o{ directors o{ the first
Named lnsured designated in ltem 1 oJ the Declarations, or acquires the votng or designation
righa o, such an amount o, o\ nership interests;
This policy vrill continue in full force and elfuct as to "bodily injury" and "property damage" that
occur prior to fre effuctive date of such fansaction and "personal and advenising injury" caused
by an "occurrence" fiat takes place prior to the ellective date oJ such transaction. There nill be
no coverage afforded by this policy tor "bodiiy iniury" or "property damage" that occurs on or after
the effective date oJ such uansaction and "personal and advertising injury' caused by an
"occurrence" that takes place on or after the ellective date o{ such transaction
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LX9799 { 10/05)Pasc N ot 24
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H*f,r.iEEi&
page 160 of 163
F. Changos
Notice to or kno\/\,ledge possessed by any person shall not af{ect a uEiver or change in any part of
this policy or stop us lrom asserting any righB under fie terms of fiis policy, nor shall the terms ol
fris policy be u€ived or changed, except by endorsement issued to {orm a part hereof, signed by
an authorized representative of the Company.
G. Duties in tho Event ol an Occurrence, Claim or Suit
1. You must see to it that v\e are notifed as soon as practicable of an "occurrence" that may
result in a claim or "suit" under this policy. To the ertent possible, notice should include:
a. How, v*ren and vrtrere the ^occurrence'took place;
b. The names and addresses of any injured persons and any Wtnesses; and
c. The nature and location oI any injury or damage arising out o{ the "occurrence".
2 ll a claim is made or "suit" is brought against any "lnsured" \hich is reasonably likely to
involve this policy, you must notify us in witing as soon as practcable on the assumption that
an "lnsured" is liable lor the damages claimed.
Written ncrtice should be mailed or delivered to:
AIG -Lexington
c/o ACPC
P.O. Box 293118
Nashville, TN 3722931 18
Claim reponing inbrmation can also be iound on our raebsiE, vrnw.tcxinotoninrurancc.com
3. You and any other involved "lnsured" must:
a. lmmediately send us copies of any demands, notices, summonses or legal papers received
in connection \ ith the claim or "Suit";
b. Arthorize us to obtain records and otler inbrmationi
c. Cooperate Wth us in the investigation, setdement or defunse ot the claim or "Suit"; and
d. Assist us, upon our request, in the enrorcement ol any right against any person or
organization that may be liable to the "lnsured" because oI injury or damage to which this
insurance may also apply.
4. No "lnsured" \,ill, except at that "lnsured's" owr cost, voluntarily make a payment, assume any
obligation or incur any epense, ofrer than tor frst aid, 'Aithout our consent.
H. lnspsction
We have the right, but are not obligated, to inspect your premises and operations at any time. Our
inspections are not safuty inspectjons. 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 that uefnd, We may also recommend changes. We do not, ho\ EVer, undertake to perform the duty of
any person or organization to provide Jor the health or sabty o, your "employees" or the public.
We do not vvarrant the health and saftty conditions ol your premises or operations or represent t)at
your premises or operations comply with larae, regulations, codes or standards.
l. Legal Actions Against Us
No person or organization has a right under this policy:
1. To join us as a party or ofrerv\ise bring us into a "suit" asking tor damages from an "lnsured";
or
2 To sue us under this policy unless all of its terms have been fully complied ' ith.
A person or organization may sue us to recover on an agreed settlement or on a fnal iudgment
against 8n "lnsured"; but ,ne , ill not be liable for damages that are not payable under this policy or
frat are in excess oI the applicable limits o{ insurance of this policy. An agreed settlement means
a settlement and release o, liability signed by us, the "lnsured" and the claimant or the claimant's
legal representative.
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LX9799 I 1 0/O5t Pasc 21 ot 24
ffi page 161 of 163
J. Maintsnance ol Scheduled Underlying lnsurancs
You agree that during the "policy period"i
1. You vrill keep "scheduled underlying insurance" in full force and efbct;
2 The erms, defnitions, conditions and exclusions ol "scheduled underlying insurance" vrill not
materially change;
3. The total applicable limits of "scheduled underlying insurance" \ ill not decrease, except for any
reduction or e:,fiaustion of aggregate limits by pavmerTt of damages to vfiich this policy applies.
4. Any rene\€ls or replacements oJ "scheduled underlying insurance" \ill provide equivalent
coverage to and afford limits oI insurance equal to or great€r than the policy being rene\ Ed or
replsced.
lf you fail to comply \^,ith these requiremenB, vre vrill be liable only to the same extent that \^€
\ ould have, had you fully complied v\ith these requirements.
l(. Other lnsuranco
lI other valid and collectde insurance applies to damages that are also covered by this policy, this
policy r^ill apply excess ol the "other insurance". Hov\€ver, this provision \ ill not apply il t.|e other
insurance is specifically witten to be excess of this policy.
L. Premium and Audit
1. We vrill corpute sll premiums for this policy in accordance vrith our rules and rates.
2 lf the premium for this policy is a iat premium, it is not sub,ect to adjustment, except trat
additional premiums may be required for any additional e&osure and/or "lnsureds", or as
provided lor in Condition D Cancellaton. The premium shovwr in ltem 5 o{ the Declarations as
the Total Advance Premium is a deposit premium only. lf the policy is subject to audit
adjustment, the actral e>,posure base \^ill be used to compute the earned premium. lf the
learned premium is greaEr than the Advance Premium, the first Named lnsured nill pay the
difbrence to us due and payable upon notice. Subject to the Annual Mnimum Premium shov'n
in ltem 5 oI the Declarations, if the earned premium is less than the Total Advance Premium,
v\E \ ill return the difference to the first Named lnsured.
3. The first Named lnsured must keep records oI the information \ € need lor premium
computation, and send us copies at such times as \ € may request. The frst Named lnsured
sho\ n on the Declarations is responsible br the payment of all premiums and \nill be the payee
for any return premiums v\€ pay.
M. R eprosentations ot Fraud
By accepting this policy, you agree:
1. The stabments in the Declarations are accurate and complete;
Z 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 o, ,raud by you as it relabs to tris policy or anv claim or "suit"
under this policy,
N. Ssparation oI "lnsureds "
Except \^ith respect to the limits of insurance ol ttis policy and rights or duties specifcally
assigned to the frst Named lnsured designated in hem 1 of the Declarations, this insurance applies:
1. fu if each "Named lnsured" uere the only "Named lnsured"; and
2 Separately to each "lnsured" against \ hom claim is made or "Suit" is brought.
O. Trsnsfer oI Rights ol Recovery
1. lf any "lnsured" has rights to recover all or part of any payment rae have made under this
policy, those rights are tansfurred to us, The "lnsured" must do nothing after loss to impair
these rights and must help us enforce them.
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2 Any recoveries \ill be applied as follovrs:
a. Any person or organization, including the "lnsured", that has paid an amount in excess oI
the applicable limits of insurance ol this policy \ ill be reimbursed f rst;
b. We then vrill be reimbursed up to the amount \ € have paid; and
c. Lasty. any person or organization, including the "lnsured" that has paid an amount over
which this policy is excess is entided to claim the remainder.
Expenses incurred in the e)Grcise o, rights ol recovery v\,ill be apportioned among the persons or
organizations, including the "lnsured", in the ratio of their respective recoveries as fnally setded.
3. lf, prior to the time o{ an "occurrence", you and the insurer oJ "scheduled underlying
insurance" \ aive any right of recovery against a specific person or organization lor injury or
damage as required under an "insured contract", \^€ \ill also waive any rights v\€ may have
against such person or organization.
P. Translor of Your Bights and Dutios
Your rights and duties under this policy may not be translerred \ ifiout our uritEn consent.
lf you die or are legally declared bankrupt, your rights and duties v\ill be fansferred to your legal
representative, but only \ trile acting \ ithin the scope ol dutjes as your legal representative.
Ho\€ver, notice o, cancellation sent to lhe first "Named lnsured" designated in ltem 1 of the
Declarations and mailed to the address shov\n in this policy \,ill be surfcient notice to effuct
cancellation oI this policy,
O. 56rvica of Suit
It is agreed that in the event of our {ailure to p3y any amount claimed to be due hereunder, v\e, at
the request o, the "lnsured", \ ill submit jurisdiction o{ a coun of competent jurisdiction \ ithin the
United States. Nothing in this conditon constitutes or should be understood to constitute a waiver
of our rights to commence an acton in any court of competent jurisdiction in fie United States, to
remove an action to a United States Distict Court or to seek a fansfer of a case to another court
as permitted by the la\^,s of the United States or o, any state in fle Unif€d States. lt is further
agreed that service o{ process may be made upon Counsel, Legal Department, Lexington lnsurance
Company, 99 High Street, Bo6ton, Massachusetts 021'10, or his or her representative, and that in
any "suit" instituted against us. upon this policy. \ € will abide by the fnal decision oI such court or
of an appellate court in the event of an appeal.
Further, pursuant to any statub o, any state, territory, or district ot the United States \ hich makes
plovision therefor, rae hereby designate the Superintendent, Cornmissioner, Director ol lnsurance,
or other officer specifed Jor that purpose in the statute, or his or her successor or successors in
olfice as our rue and lawful attorney upon \^hom may be served any lawful process in any action,
"suit" or proceeding instituted by or on behal, of you or any beneficiary hereunder arising out ol
this contract of insurance, and hereby designate the Counsel, Legal Department, Lexington
Insurance Company, 99 High Sreet, Boston, Massachusetts O2110, as the person to \hom the
said officer is authorized to mail such process or a true copy thereof.
R. Arbitration
Not\ ,ithstanding Conditon O. Service ol Suit, above, in the event of a disagreement as to the
interpretation of fris policy (except rrrith regard to \/hether this policy is void or voidable), it is
mutually agreed that such dispute shall be submitted to binding arbiration betore a panel of three
(3) Arbitrators consisting of two (2) party-nominated (non-impartial) Arbitrators and a third {impartial)
Arbitrator (hereinafter "umpire") as the sole and exclusive remedy.
The party desiring arbitration ol a dispute shall nodfy the other party, said notice including the
name, address and occupation oi he Arbitrator nominated by the demanding party, The other party
shall, v\,ibin 3O days lollowing receipt of lhe demand, notity in witing the demanding party of tre
name, address and occupstion of the Arbitrator nominated by it. The t\/\,o (2) arbitrators so selected
shall, vr,ithin 3O days o{ the appcinment of the second Arbitrator, select an umpire. lf t]e Arbitrators
are unable to agree upon an umpire, the selection of the umpire shall be submitted to the Judicial
Arbitraton and lvlediation Services (hereinafter, "JAIiS"). The umpire shall be s€lected in
accordance with Rule 15 ias may be amended fiom time to time) of the JAMS Cornprehensive
Arbitration Rules and Procedures Jor the selection ol a sole arbifator.
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The panies shall submit their cases to the panel by MritEn and oral evidence at a hearing time and
place selected by the umpire. Said hearings shall be held \ ihin 30 days o, the selection of the
umpire. The panel shall be relieved o, all judicial {ormality, shsll not be obligated to adhere to trre
strict rules ol law or of evidence, shall seek to eniorce the intent ol the parties hereto and may
reler to, but are not limited to, relevant legal principles. The decision of at least tao (2) ol the
three (3) panel members shall be binding and fnal and not sub,ect to appeal except br grounds ol
faud and gross misconduct by the Arbitrators. The araard r,till be issued v thin 30 days of the
close ol the hearings. Each party shall bear e&enses ol its designated Arbitrator and shall jcinly
and equally share vrith the other the e&ense of the umpire and the arbitration.
The arbifation proceeding shall take place in the vicinity of the first Named lnsured's mailing
address as shovn in the Declarations or such otrer place as may be mutually agreed by the frst
Named lnsured and us. The procedural rules applicade to this arbitation shall, except as provided
otherwse herein. be in accordance Wth the JANTS Comprehensive Arbitration Bules and
Procedures.
lN WTNESS WHEREOF, rae have caused this policy to be executed and attested, but this policy \ill
not be valid unless countersigned by one ol our duly authorized representatives, \,here required by law.
,e"k ,t 'raL .q, t1++- Prasldent -
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