HomeMy WebLinkAboutContract 52751-R2C5C Na. 52751-R2
CITY QF FQRT WDRTH
SEC�ND AN❑ F'1NAL RENEVJAL DF AGREEM�NT
WHE1tEAS, the City of For# Wa�-�h, ("City"}, and William .i. Schulf�, ln�. dlbla
[;ircle G Ccanstrt�ction Con�pany atrtfiarized ta do busi�iess in Texas ["Cantractor"J, e�ilered
inta that certain Ok�GINAi., AGREF.MFNT (City Secs'etary #52751, M&C 19-�0�7} far tEie
�'F��JLCT general ly clescribed as: Sa�iitary Sewe�• Emergency Respo�is� Cantract 2�] 9; and
WHCREAS, the QRIG1NhI, AGRFF.MFNT may be renewed up tc� two times as
provided !�y M&C: 19-0047; and
W�iLRLAS, tk�e CiLy and Cont��acto�• agrced ta the fiz'st renewal of the ORIGTNAL
11GRFf;M�:hi`T' f'or an additional tern� in the amowzt �f $1,250,OD�].00, said FIftST
REh1�WAL was avail�ble iti tEie 2�20 operatiEig bud�et af ti�e Water and Sewe�' Capital
Projects Fund, as appropi•iated in �rdinance #23$35-Q9-2D19; at�d
W���REAS, The City and Cot�tracto�' aE51i�e ta renew the ORfCII�IAL
A.G�.��MENT fQr tl�e seconc� teraz� at the amount of $1,250,OQ0.00, said fi»Zding for the
SECONI] AND P1I�lAL ItENEWAL is available in the 2022 operating budg�t of thc tiVater
and 5ewer Capital Projects f�und, as �ppE•a�riatcd by M&C 22-D286 (A�rii 12, 2U22}
adoptii�g �rdittiance #25073-D9-2Q21.
NUW, '1'H�,I��;N'[?1��;, it is agrood by tl�c C;ity and t;ontractar �s fallaws;
A rficle I
The Scope of'Ser•vices as sef fo�•th in tkie (]1�1Ci1NAL AGREEMENT has r�ot cf�a�lgec�.
Article I�
The C'ontr��ct�r's cnr��pensatiai� s�all be in the amount up tn $f,250,000.��. The Term of'
tl�is renewal ags�ee�nent shall be for one year, effective as af the effcctive clate Q�• fhe
expenditure of the Funding, whic�ever occurs ��'st.
Article III
Thez-e are n❑ other changes to any oif�er terms or co��ditions of the dRIGTNAL
AGRrrMF.NT.
�'�ECllTEI7 hy each {�ar�y's duly aL�tl�arized re��resei�tativc aF�d �.1� E; �C:TIVE �s oi�lhc �i�st�
5e�ond and Pina! Re3�e�ti:�i oi AgreeiFient
Willi�ml. Sehult ; fns. c1R�la
Circie C Cansin�cSinn Cnmpany
5:uii[ary 5ei��er T:mergency Rcs�oi�sc L'on[r��l 2Dl9
�FFICIAL RECaRD
CITY SECRETARY ,����, o��
FT. V1fCaRTH, TX
sul�s�;rif��cl hy ihe C'ity's desi�n�aleci C:ily M��«a�er,
City af F�t•t Wart�
br�,�r� �cc��du7a�'F
Pana6tirehdoff•: y23,2. _':35C]�;
U�na f�ur�hdat�'
Assistant City Ma�iager
May 23, 2022
DATE:
Al'P[ZC)VAI, RECOMM�NU�;D:
r'���. ,�i/�.
�-•��b�ne�H3�= �V3.b,:cu:•�vic�r�
Chris � Iarder, p.E.
T)irectar, Water Dcpartment
Williarn J. 5ci�ultz, lnc. dlbla
�ircle C Constructian C�mpany
� � c���
Teresa S. Slcelly
P�•esident
llATE: `� Z� - 2 2
Af'E'1�QVED �1S Tt� F[7RM AND LEGALITY;
8BP�5
�
Dauglas W. I3lack
Sr. Assistant City Attorney
M&�; 19-4��7 (aut11�; 22U2&G (Fu�idi�1�
❑ate: Aug. 2Q, 20l�; A�ril 12, 2022
Cantr�et Cc�m�li�nce Mana�ea-
By si�r�in� i acknowledgc #hat I am thc persan responsible for the monitoring and
a�lministratian aFihis contract, i«cluding e�}suring all perforrnance and reportin�
requirernents,
.1. C i•is Llnd�rwoad ������
Project Manage�� ,�.� ��Rr a�
ATTEST:
rar
.ianriette S. Goodall
Ciky Seerctary
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�FFIGIAL RECaRD
CITY �ECRETARY
FT. W�RTH, TX
Sceond and 1'inal 12enewak of Agr�c�ncnt f�age 2 of 2
Willian� J. 5ciml[ ; Inc. dlhla
['ircle C Lanstr��ctinoti ('urn�xny
5anilary 5e;�rer limer�cncy 13cspanse Lnn�ract 2d19
Cify of Fort Wori�h, Texas
Mayor and Counc�l Communication
DAT�: Tuesday, April 12, 2022
LOG NAM�: 6018SSEMERCONR2-CIRCLEC
REF�RENCE NO.: **M&C 22-0286
SUBJECT:
(AL.L.) Adopt Afkac�ed Appropriation �rdinance in the Amount of $1,5a0,000.00 to Fund the Second ar�d
�inal Ren�wal of a Contract wifh William J. Schulfz, Inc. dba Circle C Construction Company for Sanitary
Sewer Emergency Response Conkract 2018 and to Effect a Portion of Water's Contribution to the Fiscal
Years 2022-2026 Capitaf Impro�ement Program
RECOMMENDATION:
It is recommended that the City Council adop# the attac�ed appropriatian ordinance increasing estimatecE
receipts and appropriations in the Water and Sewer Capital Prajects �und in t�e amount of
$1,�ao,004.Q0, transferred from available funds in the Water & Sewer �und, for tf�e purpose of funding of
khe Sanitary Sewer Emergency Response Contract 2018 project (City Project No. 102082) and #o effect a
portion of Water's Contribution to the Fiscal Years 2022-2026 Capital Impro�ement Program.
�[SCUSSEON:
On August 20, 2019, Mayor and Council Communication (M&C) 19-0047 the City Council authorized the
execution of a contract in the amou�f of $1,250,00�.00, with William J. Schultz, Inc. dba Circle C
Construc#ion Corr�pany, for th� Sanitary Sew�r �mergency Respons� Contrack 20'18 {City Secr�kary
Contract No. 52751) anc� pro�ided for tf�e option of two renewals.
On June 2, 2020, M&C 20-0376 the City Council authorized change order no. 1 in the amaunt of
$�70,420.Q0 which provided for additional err�ergency repairs and th� first r�newal in the amount of
$1,250,000.00 to the 5anitary Sewer Emergency Res�onse Contract 20'f 8 with William J. Schultz, Inc.
dba Circle C Construction Campa�y.
The City and the Contractor desire to exerc3se the second and final renewal of the contract it� the amount
of $1,250,000.00 and with the same terms anc� conditions due to t�e exhaustion of funds.
7he work to be p�r�ormed und�r #�is contract consists of replacing andlar relocating sewer mains,
serrric�s, and other p�rtinent construction required in response to err►er�ency sanitary sewer main break
incidents.
In additian to the contract renewal amount, $250,000.00 is requfred for project management, real property
acquisitions, material testing and inspection.
It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year as projects
commence, aciditional funding ne�ds are identified, and to comply with �ond covenanis. The actions in
the M&C will appropriake funds in suppart of ihe Water's portion of ti�e City of Fork Worth's Fiscal Years
2�22-2026 Capital impro�ement Pragram, as foll�ws:
6a18SSEMERCONR2-CIRCLEC
Capital
Fund
Name
Project
Name
FY2022 CIP
Appropriations
Budget Re�ised
uthority Change FY2022
�Increasel B��g��
Decrease)
56002 - 102082 - $ - This M&C $1,500,000.00 $1,5D0,000,00
W&S 201 S SS
Ca�ital Emergency
Pr�ojects Response
Fund Cor�tract
Funding is budgeted in the Transfer to WaterlSewer accounf of the Water operating budget for kt�e
purpose of funding the W&S Capital Projects for 201 F3-SS Emergency Response project within the Water
& Sewer Capital Pro�ects Fund.
This project will have no impact on ti�e Waker Department's operating budgef when completed.
Appropriations for 20'[8 SS Emergency Response projeck are as depicted below:
Fund � Existing W Additional project Toial*
Appropriations Appropriations
W&S Capital
Projects - Fund $3,170,420.00 $1,500,000.00 $4,67D,420.00
5�QQ2
Project Ta#al $3,170,�2Q.00 $1,500,000.00 $4,670,420.00
�`Numbers rou�ded for preser�tation purposes.
Business Equity: William J. 5hchultz, Inc. dt�a Ciricle C Constrution Company agrees to maintain ifs initial
MIWBE commi#ment of four percent tnat made it or� the original contract and extend and maintain that
sa�n� MIWBE commitment of #our percent to all prior change orders up to and inclusive of this Cf�ange
Order No. 2. Therefore William J. Schultz, Inc dba Circle C Canstrt�ction Cornpany remains in
compliance with the City's MIWBE Qrdinace and attests to its commitmer�t by i#s signafur� on ihe
Accepfance of Previous MIWBE Commitment form executed by an authorized respresenfative of its
company.
This projeet is located in AI.L. COUNCIL DISTRIC7S.
FISCAL INFORMATI�N 1 CERTIFlCA710N:
The Director of Finance certifies that funcfs are currently avai[able in fhe Wafe�� & Sewer Fund and �pon
approval of the abo�e recommendation and adaption of the attachec� appropriation orciinance, fur�ds will
be a�ailable in the in t�e W&S Capital Pra}ects Fund for 20�8-5S Emergency Response praject. Prior ta
any expenciiture �eing incurred, the Water Department has the responsi�ility to validate the a�ailability of
funds,
FUND ID�NTI�IERS {FIDs},:
TO
Fund Department ccount Project ProgramActi�ity Budget Reference # mount
ID ID Y�ar (Ch�rtfield 2)
FROM
Fund Department ccount Projeci ProgramActivity Budget Reference # mount
ID ID Year (Chartfield 2)
CERTiFICATIONS:
Submitted far City Manager's �ffice by_
4riginating Departrr�ent Head:
Dana Burghdoff {8018}
Chris Harder (5�20)
Additional Information Contact: Chris Underwood (2629)
ATTACHMENTS
1. 601$SSEMERCONR2-CIRCLEC (WCF 02.18.22).xlsx (CFW Internai)
2. 6�18SSEMERCONR2-CIRCLEC 1295.pdf (CFW Internal)
3. $018SSEMERC�NR2-CIRCLEC MWBE.pdf (C�W fnternal)
4. 6018SS�MERC�NR2-CIRCL�C PBS CPN 1D2082.pd� (Public)
5. 6018SSEMERCONR2-CIRCL�C SAM.pdf (CFW Internal)
6.601$SSEMERC4NR2-ClRCLEC 56002 A022.dacx (Public)
7. 60SSERRRCON2019R2-CIRCLEC.docx (CFW lnternal}
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TH� STATE OF TEXAS
COi1NTY OF TAR1tANT
BQND Nn. TXCb1556R
S�CTION 00 61 13
P�ItFORMANCE BO�D
§
§ KNOW ALL BY THES� PRCSENTS:
§
9 That �ve, Williasn .�. Scl}ultz �nc. dlbla Circle C Coi�stt•�iction Cont an , kno«rE� as
10 "Principal" herein and Me3�chants Bondi�ig Company (Mutual), a corporate surety(st�i•eties, if
I 1 more tl�an one} duly authorized to do business i� the State of TeYas, know�z as "Surety" herein
12 (whether one or Enore}, are hekd and firmEy bound unto th� City of Fart Worth, a municipa!
13 corporation created p��rsiiant to the I�ws of TeYas, k�town as "City" lierein, in tiie penal sum of,
V4 O�Ee Million Two Hundred Fift Thousan� & 001100 Doilars ($ 1,250,0a0.00), larvful �noney
15 of the �inited States, to be paid in Fort Worti�, Tarra�ft Coimty, Texas fo�• the payment of w�ich
I6
l7
�
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sum well and truly to be macie, ���e bind ourselves, our l�eirs, executors, administrators, successors
and assigns, jaintly anc� seve�'ally, firmly by these presents.
WH�R�AS, the Princi}�al has e»tered into a certain written coi�tract �vith tlie City
19 awarded tl�e l2tli clay of _ April , 2422 , which Contract is hereby �•efer�•ed to
20 and made a pa��t hereof fo�� all purposes as if fully sek fo2•th herein, to fuEnish all �naterials,
21 equipment labar and other accessories defined by law, in the prosecukion of the Work, including
22
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, 31
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any Cha��ge O��ders, as providcd for in said Contract designated as Sanita�� Sewea• �mee� enc
Res t�nse Ca�itract 20I9• Cit Pro'ect No. 142082 Second �n� Final Aene�val
NOVV, THTR�FORE, the condition of this obligation is sucli that if dre said Princ�pal
sha�l faithfully �erform it obligations under the Contract and shal] in all respects duly and
faithfully perform the Work, incl��di�ig Cl�ange Orde��s, under tiie Contract, accordin� to the plans,
speci�cations, and cont�'act documerits the��ein refe��red to, and as welf dut'ing any period of
extension of the Contract t}lat may be gra�ited on tl�e pa�•t of tfle City, then this obligation shal! be
a��d become null and void, othcrwise to rernai�� in full force and effect.
PROVID�ll FURTHER, tl�at if any legal actEon be filed an tf�is Boc�d, venue shall lie in
�'arrant County, Texas or dse ll�iitecf States Districl Cou�•t for the Northern District of'�exas, �`ort
WOl"��l ❑1VLS10fl.
CiTY OF PORT WORTI [ SANITARY 5EWl�R EMGRGF.NCY
5"1'ANDARD CONS"IRUCTION SYECIf'ICnTION U�CUMi:I+!"E�5 RE51'ONSI: CONTRAt;�I 2fl19, SLCOt�IJ & i'INAL RE:NEWAL
RCVfSCd .ItII)= 1, 20l l City 1'roject No. {�20R2
OD 61 13 - 2
PE1t1'OAMANC� ]30ND
Pagc 2 of 2
I This bond is made and executed in compiiance with the provisions of ChapteR� 2253 of the
2 Texas Go�e�'nment Code, as amended, anc{ ali liabilities an this bond sl�all be cietermined itt
3 accordance with the p�•ovis�ons af said statue.
4 IN WITNCSS WH�R�OF, the Principal and the Surety have SIGNED and SEALED
5 ti�is instr�unen# by duly authorized agcnts and officers on tkiis thel2tfiday of A�r�, 2D22 .
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A1'TEST:
m� �
{Frincipal) Secrefary MiChele Lan c o►'d
Witc�ess as to Princi��af
_ --".�
`. f' : �� �� �;J
X "�.���� ,� � `.�`� '.. .�:� _
Witness as to Siirety John A. �ei'
PRINCfPAL:
Willia�n !. 5cVzuftz lnc. dba
Circte C Constru�fion Com�pany
BY: �...�LaA s r
Signature
Teresa S. Skell , �resident
Name at�d 'i'itle
Address: P, O. Box 4032$
50� W. i'rain�nell
Fori WoE�h TX 76�40
SU RETY:
Mercl�ants o in Cam an Mutual
BY:
Signature
Shervl A. Klutts At4orne -in-Fact _
Name and Tikle
Acldress: 6700 Westown Farkwa�`
West Des Moi�3es �A 50266-7754
Telepfione Number: 840 678-8171 _
40 *Note: If signed by an officer of the Surety CoEnpany, t��ere must be on file a ce�-tif ed eYtract
q1 fi-om tkie by-lativs s�o���ii�g tl�at tliis person I�as authority to sign st�ch abligation. If
�2 Surety's physical address is different fi•om its ma�ling address, botlj must be provided.
43 The date of tlie bond shal l nat be pa'ior to tl}e date the Co��tract is awarded.
44
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CITY OE� FORT WOK"l'H SAN[TARY SFW�R EMERGENCY
STANDARD CONSTItUCT[ON SI'�CiFICA'f[ON ll(}CUMENTS RESPONSi CON'CILACC 2019, SECOND & I�iNAf. RGNEWA[.
Reviscd Julp 1, 201 I City Project No. I�2f182
MEI�CHA.NT��
B�NDING COMPANY�„
POWER �F ATTORNEY
Krtot��All Persons By These Presei�ls, thal MERCHANTS BONDWG COMPANY {MUTIfAL) and MERGHANTS NA7IQNA� gONDING, INC.,
bnti� being corparations of lhe Slale of lo��ra (herein colleciively calleci ihe "Companies") do hereby make, consiitute and appaint, individually,
John A Miller; John R Siackton; Sheryi A Klutfs
their true and lativFul Atiorney(s)-in-Fact, to sign its name as surety(ies) and to execufe, sea! a��d acknowledge any and all bonds, unc�erlakings,
contracls and alher vlrilten instrumenls in the nature thereof, on behaif of the Companies in their business of guaranteeing Ihe fidelily
oi persons, guarar�teeing tlie periormance of conlracts and execut'sng or guaranleeing bonds and underlakings required or permilted in any
aclio�3s or proceedings allovred �y law.
This Potiver-of-Attorney is granted and is signed and sealed by facsimile under and by aulhorily of ihe follotving By-Lavrs adopted by liie Board
of Directnrs of Merckiants Bonding Company (Mutual) on April 23, 2011 and amended Augusi 14, 2015 and adopted by lhe Board of Direcrors
of NterchanisNakionai Bonding, Inc., on October 16, 2D15.
"The President, Secretary, Treasurer, or any Assislant Treasurer or any Assistant 5ecreiary or any Uice Presidenl shall have povler and auihoriEy
to appoint Aliorneys-in-Fact, and lo authorize them ta execute on behal€ of lhe Campany, and atlach ihe seaf of the Company lhereto, bnnds and
undertakings, recognizances, contracis af indemi�ity and olher writings obligatory in lhe nature tliereof."
'�The signature of any au4horized officer and ihe seal of ihe Co�npany may be affixed by iacsimile or eleclronic transmission to any Po�ver oi Aliarney
or Certificalion ihereof aulhorizing 1he execuEion and delivery of any 6ond, undertaking, recognizance, or other suretyship oblsgations of ihe
Cor�ipany, and such signature and seal w13en so used shall have ihe santie fnrce and effect as ihough manually �xed."
In connectian w'sth o6ligalions in fa�or of ihe Florida Departmeni of 7ransportat'son only, ii is agreed lhai the power and aul hnrity hereby gi�en to Ehe
Alkomey-in-Faci includes any and all conser3ts for the release of retained percentages andlor final estimates on engineering and construction
conlracts reyuired hy ihe Skate of Florida Departmer�4 of Transporlalion. It is fully understood tha[ conseM'sng to the Slate of Florida �eparlmea�t
of Transportalion ra�aking paymeni of the final estimaie to tYse Comrackor andlar ils assignee, shall not relieve this surely company of any of
its obfigalions under its bond.
In connection vriSh obligations in fa�or of !he Kentucky department of High+rays o�tly, it is agreed thal the power and atathorily hereby given
io ihe Altomey-in-Faci cannot be raiodified or ravoked unless prior wristen personal notice oi such intent has been given lo the Commissioner-
oepartment af Highways oi ihe Cnmmonvreailh of Kentucky at feast ii�irEy (30) days prior to the madificalion or revacation.
Sn Wilness Wi�ereaF, the Compar�ies have causetl ihis instrumeni to be signed and sealed this 111h day of FeUruary , 2020 .
.���„
�,+''�"ON ��' . . ���G C �' .
� � �A�''"�'q•� r�� � � ` MERCHANTS BON�ING COMPANY {MUTIJAI.j
p�N. . . a�l
`,��,.G0�40R'9j�' y; ; Cs�v4�P�'�q�92�; MERCHANTS NATIONALBONDING, INC,
:Z:2 -o- a�:� :r"-:� -o- "`' :
', v��. 2003 ,:�s'zi; �Q�'` i933 p��c: By �
+: : � y�" ''c�' �
:d�i'• , ''��,• •�d�i' ... 'd . �
, ,� � �y• • �' \1 . Presrdent
��./,•''�'r• ��� ��` tic� .�•
�j/
STAT� OF IOWA
���nn�N���' • �•r s•
COUNTY OF DALLAS ss.
On this 11110 day o3 February 2020 , 6efore n3e appeared Larry Taylor, to me parsonally knovm, who being by rne duSy stvorn
did say ihaf he is PresideN of MERCHANTS BONDING COMPANY (ivIUTLlAL) and MERCHAINTS NATtONAL BONDII�iG, INC.; and ihai Ehe
seals affixed to ihe faregoing inslrument are ihe Corporate Seals of the Companies; and that the said instrunient was signed and sealed in behalf
of 1he Canpar�ies by aulharity oi 11�eir respectiva 8oards of Direckors.
�Q.¢�A� S POLLY MASOlV •
� o 0 o b� Commission Number 750576 ��A-�o�'�-'
. My Gommission �xpires
+ ,ow�. ,�anuary 07, 2023 Notary Public
{Expiration oi notary's commission
does not invalidaie Ihis instrumenl)
I, William Warner, Jr., Secretary a{ MERCHANTS BON�ING COMPA�fY (MUTUAL) and MERCHANTS NATIONAL BOND{NG, INC., do hereby
cerlify lhat !he above and foregoing is a irue and cnrtec[ copy of the FOWER-OF-AT70RNEY execuled by said Companies, mhich is still in full
force and effect and has nal6een amended or revaked.
In Witness Wiiereof
POA 0018 (1l20)
I have hereunto set my hand and affixed the seal of the Coinpanies on ihis 12fh day oi
����.� .• •--�.
.•'��1UNq�'�., .•' �NG Cp'•.�
� '��' '�"o' ' •.�': •'o�o �po' M'09'. !/
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: � � c, � •. 2 � �� '��; .?,�, .
;Zr= -o_ n•;v= :r�"-:? �o "'� :
C'S`• ' z' � a�' 1933 �'c' Secretary
'�•., 2a03 ::.�7. :ti�. • �:
'd�;•. ,.•�.;� •. b�;� .. ,.`;�.�c.
• o �' ' . •'
'�.,�ji""�"'�'J�, .� fr���.
�''+�.��..�..•+`' • •,.
Apri1, 2022.
" " ^ ��/
aa �� ia - �
PAYM�.NT i30ND
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TH� STATE UI` T�XAS
COUNTY Or TARRANT
BOND NO. TXC615568
SECTION 00 G1 14
PAYMENT BOND
�
§ KNOW ALL BY THCSC PR�S�NTS:
§
ihat we, William J. Sthultz Inc. cllbla Circle C Consh�uction Com an , Ic�7own as
"Principal" herein, and Merchants Bonding Company (Mutual), a cor�orate surety (sureties),
duly authorized to do business in the State of Texas, known as "Surety" l�ere�n (whether one or
more), are held and firmly bound unto the City af Fort Wo��tl�, a municipal corporation created
pursuant to the laws of the State of Sexas, known as "City" her�i�, in the penal s►�m of One
Million Trvo Hundred Fift Tl�ausand & Da1100 Dollars {$125�.00), lawful money of the
Lfnited States, to be paid in Fort Worth, Tarra3rt County, Texas, for the payment of which sum
well and truly be made, we binci ow'selves, oui• heirs, executors, adminiskrafors, successors and
assigns, jointly and severally, firmly by these presents:
WH�R�AS, Principal has entered into a certain w��itten Contract with City, awarded the
19 12t1� day of A ril , 2022 ,��vhicl� Conh'act is he�'eby referred to and �nade a
20 part hereof for ail purposes as if fi�lly set forth heE•ein, to fui�nish all materials, equipment, lahor
21 and other accessoeies as c�efined by law, in the prosecution of the Work as pravided for in saic�
22
23
2�1
Cantract and designated as Sa�iitar Sewes� En�er enc Res onse Contract 2019• Cit P�•o'ect
Na. 1020$2 Second �nd Final Rene�val
NOW, TH�REI+ORE, THE COND1iiON OF THiS OBLIGATION is such tl�at if
25 Principai shall pay all monies awing to any (and all) payinent band beneficiary (as defined in
26 Chapter 2253 of the Texas Government Code, as amended) in the �rosecution of the Work undee
27 the Gontract, then this obligation shall be and becoEne null and void; otherwise to remain in ful�
28 force and eff�ct.
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This bond is macfe and executed in com�liance with the provisions of Chapfer 2253 of the
Texas Government Code, as amended, and all liabilities on this k�ond shall be determined in
accordance witk� tlie provisians of said stattrte.
CITY OF fOR'T WORTF[ SANITARY SEWER Eiv1F:RGENCY
STANDARD CONS"TRUCT[ON S�'EC[fICAT10N DOCL3MENTS RESPONSF CQN'f[tAC7� 2019, SECOND & k�INAL ItI:NGWAL
Rcviscd .luly l, 201 I City Frojecf No. 102082
ao6i ia-2
PAYM�.NT [30AfD
Page 2 of 2
IN WITN�SS WH�R�OI', the Principal and Stu'ety ha�e each SIGNED and SEALED
this inst��ument by duly autho�•ized agents and officers on this the 12t11 day of April __, 2022 .
ATTEST:
PRINCIPAL:
Willia��� J. Schultz �nc. dll�la
Ciscle C Co�istri�ctiau Com ar�
'..
,�--"' �
BY:
Signature
(Yi � `Q�,i1, Teresa S. Ske�lv, 1'►'esident
(Principal) Secretary Michele . Lank�ord Name and Title
Adda�ess: P. O. Box 40328
500 W. Trammell
FoR-t Worth. TX 76140
Witness as to Principal
SURETY:
Merck�ants din Com an Mutuaf
�
ATTEST: BY:
Signature
(Surety) Secre���.r�
���
� ��
X � ��
Witness as ta Surety .1ohn A. Miller
Sher 1 A. Klutts, Attorne -in-Fact
Name and Titla
Address: 6740 Westown Parkwa
West Des Moines IA 502b6-7754
Telephone Number: (800} b78-8171
5 Note: I#� signed by an officer• of the Sii�'ety, there must be an i►ie a certified extracf from the
6 bylaws sl�owing that this person has a�ithority to sign such obligation. lf 5u��ety's physical
7 adc�ress is diffe�•ent from its mailing address, Uoth must be provided.
8
9 Tl�e date of the bond si�all not be prior to the date the Contract is awarded.
�p �ND OF SECTION
W
CI"I'Y Of PORT WORTH SANITARY SEWF;ft tiv1ERGEl�CY
S"i'ANDAIt[) CONS'CRUC'i�l(?N SPECIEICA'FION DOCUMENTS RESI'ONSE CON"C2ACT 2019, SECOND & FINAL RLNI:WAL
Rerfsed July I, 2011 City i'roject No. 102082
�1/�ERCHANT� S��
QONDING COMPANY=,�
POWER OF ATTORNEY
Know All Persons By Thesa Presenis, that t�iERCHANTS BONDING COMPANY (MUTUAL) and MERCHAi�7S NATl0�4AL BONDING, WC.,
both being corporatio��s of the State of lowa (herein collectively cailed the "Companies°} do iiereby make, constitute and appoint, individually,
Johi� A Miller; Joh�� R Stackton; Sheryl A Klulls
their true and la�vfui At[orney{s)-in-Faci, to sign ils nanie as surely(ies) and to execute, seal and acknowledge any and atl bonds, underlakings,
contracis and othar +mrillen inslrumenls iro ihe nature thareof, on behalf of the Companies in iheir busiiiess of guaranteeing 1he fidelily
of persons, guaranteeing lhe performance ot contracts and execuking or guaranteeing bonds and undertakings required or pennitted in any
aclions or proceedings allowed by lat�l.
This Povler-of-Altorney is granted and is signetl and sealed by facsimile under and by authoriiy oi the iollowing By-Laws adopted by the Board
of Dlrectors of Merchanls Sanding Gompany (Mutualj on Apri! 23, 201i and amended August 14, 2015 and adapted by khe Board af �Ereclors
of MerchairisNationai Bonding, Inc., on Oclnbar 16, 2015.
"The President, 5ecretary, Treasurer, or any Assistani 7reasurer or any Assistant Secretary or any Vice Presidenl shall have power and authority
to appoint Attomeys-in-Fact, and to auEhorize them io execute on behaif ot ihe Company, and attacM the seal of the Company Ihereio, bonds and
w�dertakings, recognizaiices, contracis of indemnity and alher wrilings obiigatory in the nature thereaf."
"The signaiure af any authorizad officer ar�d the seaE of !he Company may be a�ixed by facsimiie ar eiectronic iransmission to any Potiver of Atromey
or Cerltfication thereni aushorizing ihe execz�tion and deli�ery ot any hotid, undertaking, recognizance, ot niher suretyship obligations oi She
Company, and such signature and seaf when so used sha11 have the same force and effect as lhougn manually fixed."
4n connection wilh ohiigalions in favor af the Flarida Departmenl of Transportatios� only, it is agreed Ihat Ihe power and aut hority herek�y giveai to lhe
Atrorney-in-Fact includes any ane ali consenis for the release of retained percenlages andlor final estimates on engineering and construci"son
coniracts required by the Slate oi Florida Deparl+nenE of Transportalion. Il is fully understood thaf consenting fo lhe Siaie ofFlorida Departrnenl
of Transportation ntakiiig payment oi lhe final estiniaie to the Caniractor andlor ils assignee, shall not relieve this surety company of any of
its obligations under its band.
In connection with obligations in favor of the Keniucky Departmeiri of Highvrays only, it is agreed liiat ihe power and auEhority hereby given
so Iha Attorney-in-Fact cannot be modified or re�oked unless prinr written personal notice of such inient has heen given to 1he Conun'sssioner-
Depanment oi Highways af the Commorn�reallh of Kenlucky at least lhirty (30) days prior io the modification or re�ocation.
In �tness Whereoi, the Companies Mave caused this instrumeni to 42 signed and sealed ihis 11th dey of February , 202D .
��,y.�,..,.,,� � � .. ...
:������Q�O�<r��., '��a�NG" 9MA'• MERCHAN7SBONDINGCOMPANY(AM1UTUALj
:��,:�0� Rq�:•; 2:� �' ��VO��� q�9�� � MEI2CHANTS NA710NA1. B4NDING, INC.
:Q:= -a- G'.�� •F-�-;� -o- o; s
: v�'• 2003 ��7; �d'� 1933 r c: gy ��
. d�. •�`,:` .y`�d., ..�ac~: �
�L � •; ��, . .��• • .. • �'L1 . Presrdent
.�!/ •.'� • •. 7`t •
STATEOFIOWA e•••f�"n.�.�+�+��' '+..��•'�
GOUN�Y OF DALLAS ss.
On this 111h day af February 202� , before me appeared Larry Taylor, to me personally known, vrho being 6y rne duly sworn
did say ihak he is Presidenl of MEI�CHANTS BONDING GOMPANY (MUTUAL) and i�r1ERCHAN7S NATEONRL 6DNQIi�G, INC.; and lhal the
seals affixed to ihe foregoing instrumant are the Corporate 5eals of the Companies; antl that lhe said inslrument was signed ar�d sealed ii� beha4F
of li�e Gompan'�es by aulhorily of their respective Boards of �ireclors.
�Pa�AL s pOLLY MASON �
� 0 6 a o� CoinmEssion Number 75057fi /ya,��„ �1. A-.�''�'
My Gomr7iiss�oii Expires " " �-
i,QwP � January Q7, 2023 Notary Public
{Expiratioi} of nntary's commissio��
does nol invaiidata this insirume�it)
I, William Warner, Jr., Secretary of MERCHANTS BON�ING COMPANY (MUTIJAL) and ArtERGHAN�S �fATIONAL BONDWG, WG, do hereby
cerli(y ilial the above and foregoing is a true and cnrrect capy of 1he POWER-OF-ATTORNEY execuied by said Companies, which is stili in fu11
farce and efiect anc� I�as nat been amended or revaked.
In Wiiness IM�ereof, I ha�e hereunio set my ha:id anr3 af(ixed the sea! of the Gompanies on this 121h day af Apri1, 2022.
���.,����.,..,� .•'�G C �'•
..•P.��ONA� '�. •�O�N •• Q�lj,o.
., � �
:�y �o�Qo;qq.�y f+ . �,o�o�PoA9�qy�: . /%,
,��._ -o- a:�. :�:'z o a.�� 1r��/� y�J
'x� 20U3 .;,�,� �6�Y j933 ��: Secretary �
'�'••. . • .s'•. �',�
;� a
. d�� ..•��; '. y'.. .:.��`,•
: ,..� � .�.y��v• • i,4, •''\1�.
,,,�����!„Ilf/yf*i'' � � f � � •
Poa aa�s (�i2o�
00 6l 19 - I
MAiNTENAAiCE E3QN17
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THC STATr 4I+ T�XAS
COUNTY OF TARRANT
BOND NO. TXC615568
SECTION 00 61 19
MAINTCNANCE BOND
§
§ KNOW ALL BY TH�S� PR�S�NTS:
§
'T'hat We, William J. Sehultz Ine. dlbla Cirele C Construction Cor�t an , lcnown as
"Principal" herein and Merchants Bandin Com�anv (Mutual , a corporate sureky (sureties, if
���ore than one) duly auEhorized to do business in the State of Texas, known as "Sureky" 1�erein
(whether one or more), are held and fir►nly bound unto the City of Fort Worth, a municipal
corporation creaked pursuant to the laws of the State of Texas, lcnown �s "City" herein, in the sum
of One Miilion Two Hundred Fift Thousand & 001100 Dollars ($1 25� 0 000.00), lawful
money of the United States, to be paid in �ort Wo��th, Tarrank County, Texas, foe paymenk of
which sum well and truly be made unto tl�e City and its successors, we bind ourselves, our heirs,
executors, admiajistrators, successo��s and assigns, jointly and severaily, firmly by these presents.
WH�REAS, tlte Principal i�as entered into a certain written contract witil the City awarded
the 12th day of April _, 20 22 , wl�icl� Contract is hereby referred ta and a made part
k�ereof for all purposes as if fully set forth ]�erein, to furnisii all �naterials, equipment labor and
22 qthee accessories as defined by law, in the prosecution of the Work, includin� any Work resulting
23 1`ros�l a dt�ly authorized Ckz�nge Ordes• (collectivefy herein, tf�c "1�Vork"} as provided for in saic!
24 co��tE•act and ciesig��ated as Sanitar Se�ver �mcr esic Res onse Contract 2019• Cit Pro'ect
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No. 102082 Second and �inal Renc�val; and
WH�REAS, Principal bi�ds itself to use suc1� materials and to so construct tl�e Work in
accordance with the �lans, specifications and Contract Documents that the WaE•l� is and will
ren�ain fi�ee fi'om defects in mate�•ials or wo�'kmanship for and during the periad af trvo (2) years
atter tlie date oi' k� ina! Acceptance of tl�e �1�ork b�� the City ("Mainlenance Periocl"); and
WHER�AS, Principal bi«ds itself to repair or �'econstruct U�e Wo��k in wiiole or in part
upot� receivi��g notice fi•onl the City of th� need therefor at any time within the Maintenance
Periocf.
CITY Of FOKT WOR`CH SANITARY SEWER EMERGE�ICY
STANDARD CONS'I�RUC770N SPCCIC'lCATION DOCUMGNTS [Z�SPONSE CONTRACI' 2019, SECONU S; I�lNAi, IZENEWAL
Rcv�scdJuly 3,2Q1! CilyProjccti�o. f62f182
ao6> >9-2
MAMT%NANCG IIOND
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NOW THER�FOR�, tl�e condition of this obiigation is such that if Principal shall
re�nedy any defective Wark, for which timely notice was p��ovided by City, to a completion
satisfacto�y to the City, t11en kl�is obligat�on shall become null and vaid; otherwise to remain in
fu11 force and effect.
PROVIDED, HOW�VER, if Principa! shall fail so to repair or reconstruct any ti�nely
noticed defective Work, it is agreed khat tl�e City �nay cause any anci a!I suclj ciefecti�e Woa�k to
be repaired and/o�� reconstructed with all assoc�ated costs tliereof being borne by the Principal anc!
the Surety under this Maintenance bond; and
PR4VIDED FURTH�R, that if any legal action be filed on t�is Bond, venue shall lie in
Tari�ant County, Texas or the United 5tates District Court for the Narthern District of Texas, Fa•t
Workh Division; and
PROVID�ll FURTHER, that this obligation shall be continuous in �ature and
successive recoveries �tlay be had hereon for successive breaches.
CITY OF fOR'i WORTH SANITACtY SGWER EMERGENCY
53'lINDAFtl7 CONSTRiJC7�iOtd SPECIP[CATION DOCUM�NTS RESPONSE CONTRAC'C 2019, 5GCOIVD &�'[NAL RGNEWAL
Rcvised July l, 201 l City Project No. 102082
0061 19-3
MAiNTEtdANCE [3dNb
Page 3 of 3
IN WITN�SS WH�RCO�', the Principal and the Surety have each SIGNED and SEALED this
instruinent by duly authorized agents and officers on this the 12th day of April , 2p 22 .
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ATTEST:
cY�l ���..s�5 ��l��r�,
(Principal) 5ecretary Micl1ele � Lankford
Witness as to Principal
ATTEST:
:,�- " .-.:_.-.�
(S ety} Secreta�y
��� �� ��� ,
Witness as to Surety Joltn A. iller
PR]NCIPAL:
William J. Schultz Inc. dlb/a
Ci��cl� C Cor�struction Com a��
BY: a c� c���
Signature
Teresa S. Skell President
Nanae and �'itle
Address: P. O. Box 40328
500 7'rammell
Fort Worth TX 76L40
SURETY:
Merchan ndin Com an Mutual
BY:
Signature
Sher 1 A. Klutts Attorne -in-Fact
Nan,e and Title
Address:
6700 Westown Parkwa
West Des Moines�IA 502b6-7754
Telep}�one Number: (800� 678-817
35
36 *Note: [f signed by an officer of t1�e Surety Company, tltare must be on file a certified extract
37 from the 6y-laws showing that this person has autlfority to sign such obligation. [f
38 Surety's pl�ysical address is diffe��ent ft�on� its m�iiling ac{dress, both �ntist be providec�.
39 'I'he date of the bond shall not be prior to khe clate the Contract is awarded.
�10
Cl'fY OF FORT WOR'I'H SANI'TARY SEW�2 EIv1ERGGNCY
S'1'ANDARD CONS7 EtUCi[ON SPEGF[CA'PION DQCUMENTS RF..SPONSE CON7'ItACT 2019, S�CdND & f�[NAL Rl:NEWAL
Itevised July l, 201 I City Project No. 102082
�ERCHANTS �
I30NDING C�MPANYF,�
POWER 4F ATTORNEY
Knov� All Parsons By These Prese�its, that MERCHANTS BONDING Coi�hPANY (MUTUAL) and MERCHANTS NATIDNAL BONDlNG, II�C.,
both being corporalions of 1Eie 5tate of lotiva (hereiiz collecti�ely caped the "Conzpanies"� do herehy n�ake, consiitule and appoini, individually,
John A Miller; John R S1ocklon; 5heryl A KlultS
thefr true anr� lawful Ailomey(s)-in-Faci, to sign iis naine as surely(ies) and to exacute, seal and acknowledge any and all bonds, underlakings,
conlracis and other �vrillen iitstruments in ihe nature Ihereof, on behalf of the Cornpanies in iheir business o€ guaranteeing lhe fidelily
of persons, guaranlesing the perfonnance of contracls and execuling or guarai3teaing bnnds and undertakings required or permitted 'u� any
ackions ar proceedings allowed by lav�.
This Power-of-Aktamey is granted and is signed and sealed by facsin�ile under and by aulhoriiy of lhe tollnwing By-Lavrs adopied 6y 1he Board
of Directars of Merchanls Bonditig Gompany (Mutual) nn April 23, 2071 and amended Augusl 14, 2U15 and adopled by the Board af Direclors
of MerchanisNaiianal Bonding, 1nc., on Oclober 16, 2015.
"The �resident, Secretary, Treasurer, or any Assisiant 7reasurer or a�y Assistant Secreiary or any Vice Presidenl shall have power and auEhortly
to appainl Altorneys-ln-Facl, and to authorize lhem to execute on behalf of the Company, and attach the seal of Ihe Company thereta, hnnds and
underlakings, recognizances, contracls of indemnily and ather writings obligatory in Ihe natu:e thereof."
"Tl�e signakure of any aulhorized officer and the seal of the Company may be affixad by facsirT�ile or e�ectronic lransmissian to any Potiver of Aitornay
or Cerlification thereof authorizii�g ihe execufion and delivery of any bond, underlaking, recognizance, or other sureiyship obligalion5 of the
Company, and such signalure and sea{ when so used shall have the same farce and effect as ihough manually fixed."
In connection with obligaiions in favor of the Florida Department of Transporiatios� only, ii is agreed thal the power and aul harily hereby given to lhe
Al[orney-in-Fact includes any and all consents far lhe release of relained percenlages andlor final eslimates on engsneering and construclion
contracts requirad by the 51a1e of Florida Departrr3ent of Fransporiation. It ss fu11y unders400d that consenting to 1he 5tate ofFlarida Deparlment
of Transporlaiion making payment of iine final esiimale ta !he Contractor and�or ils assic�nee, shalf not relieve this surety campany oi any o6
i[s ohligations under its bond.
In connection witi� obligalions in favor of ihe Kenlucky �eparsment af Hiqhti��ays only, it is agreed Ihat the power and aulhorily heraby given
lo the Attorney-in-Fac[ canj�ot be modifed or revaked un[ess �rior written personal rsotice of suc4i inlent has beeiti gi�en to lhe Commissinner-
Deparlment of Highways of the Commonvrealth of Kentucky af least thirly (30) ciays grior to Ihe modification or revocation.
In Witness Wliereo(, lhe Companies ha�e ceused tiiis insirumeni to be signed and sealed this 111h day of February , 2020 .
.���..
�,•• ,.� � •• _ • •.
.•`�t��'���'Nq'1 rB�% ����,N� ��'�MA'• MERCHANTS BON�ING COiNPANY(MUTUAL)
;,��,:�o���Rq�;•; �:� " �av4Rp �Rq�,9y� � MERCHANTS NATIONAL BONDING, INC.
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:_' Z003 �„�;` :d�� 1933 �•�c; ey ��
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STATE nF IOWA
�''�•,..��,...� ••....
COUNTY OF DALLAS ss.
On this 111h day nf February 2020 , before me appeared Larry �aylor, to me personally known, vrho being by me duiy s�vom
did say thal he is President o{ MERCHANTS BONDING COMPRNY (MUTLfAL) and MERCHANTS �fA710NAL eOiJDING, INC.; and that the
seals affixed to the foregoii�g instrument are ihe Corporate Seals of the Co�t�panies; and lhat ihe said insirurt�ent tivas signed acid sealed in behalf
of tlze Coai�panies by authpriky of lhair respeclive Boards of Direciors.
�P.REAL �, POLLY MASON �
� a o a o� Commission Number 75057� ��`�-a-�'
. My Commission Expires
�,aW�. January 07, 2023 Notary Pu61ic
(Expiration of nolary's cammissian
does not in�alidate this insirumenl)
1, William Warner, Jr., 5ecretary of MERCHANTS 80N[IING COMPANY (MUTUAL) and MERCNANTS NATIONAL BONDIi�G, INC., do hereby
eertify that lhe above and foregoing is a lrue and correct copy of liie POWER-OF-ATTORNEY executed by said Companies, which is slill in full
force and effec€ and has no1 been amended or revoked.
In Wikness Whereof, 1 have hereunta sat i7iy hand and affixed the seal of tiie Coinpanies on this 12th day ot
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POA 00�8 1i120} �"""`
April, 2022.
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�ERCHANTS �
BONDING C4MPANY,M.
h11:R(,HANTS li(7Nl�I�iG C:(�MI'ANl' iA4U-I-l)Al.l • Mk'RCF�AN CS NATIL��IAL RONI�ING. IfJC.
I'.U. L�OX 14�iz)8 • T7FS Mi�l�IES, 1C}INA 5030G-3�i93 •(800) 678-8371 •(5151 2�k3-385�k FAX
Please senc� all nofices of claim on tliis bond to:
Merchants E3ot�ding Con}���tny {Mut�Eal) / Mercha��ks National [3onding, Ii�c.
P.O. Bo� l �4498
Des Moines, Io���a 5030b-3�98
{515) 2�13-8171
��oo� ��g-s i � i
Physical Address: 6700 Westo�vn Parkti�vay, GVest Des Moines, lowa 50266
SUP 0073 TX (2115)
Underwood, (Chris) J.
Frorn: Gatewoad, Sophia P.
Sent: Wednesday, May 04, 2022 12:58 PM
To: Underwood, {Chris) 1.
Cc Saucecia, Norma; Willian7s, 7ressa
5ubject: RE: Certificate of Insurance_Circle C_Sanitary Sewer �mergency response Contract 2Q19 2nd Renewal
Attachments: 102082_Circie C Cert of Ins_21 �22.p8f
Appro�ed.
��
Sophia Gaie�vooc�, CPCU, ARM-I', AIC, AINS, FCL�
I'ropei•ty & Casualty Ma�;ager
I IR/ Ris[c Ma«ageenent
'� {817) 392-7784 � � (817) 392-587�
Cit�� nf Fnr7 Wortlt — Worki�tg togetlte� to brrild cl sl►•nirg co�ft�rtrtrtit3�.
FURT �VORTH
Tollo�v Fort Worth
������
Fram: Underwood, {Chris) J. <John.Underwaod@fortworthtexas.gov>
5ent; Monday, May 2, 2Q22 8:43 AM
To: Gatewood, Sophia D. <Sophia.Gatewood@fortworthtexas.go�>
Cc: Sauceda, Norma <Norma.Sauceda@fortworthtexas.go�>; Williams, iressa <Tressa.Williams@fortworthtexas.gov>
Subject: Certifica�e of Insuranee Circle C_Sanitary Sewer Emergency response Contract 2019 2nd Renewaf
Sophia,
Please find attached the Certificate of Insurance Acord for your review and ap�roval.
Thanks,
FORT VVORTH �
��.
.I. Chris Uiiderr��ood
Seti ra• Errgi��eeri�rg Tecl r
Fort Wor�l� L1'aler
!'hoiEe, S17-392-2G29
Gm:�il .tuhri.Under��aod,rr Forl4VarihTexas.�or
��z� �r,�, ��,� s,«z�
�'Ofl ��rlMf��F, T� 7O���
tvtvt� . For111'ort h"C'esas.go��h��ater
Clem� tiraler dorre �•iglr! eve�y linre.
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Policy #CPP10�051064 COMMERCIAL GENCGL 084 {10 13)
THIS ENDORSEMENT CWANGES 7H� POLICY. PL�ASE R�AD IT CAREFULLY.
ADDITI�NAL INSURED �- OWNERS, LESSEES OR CONTRACTORS -
AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION
AGREEMENT WITH YOU - ONGOfNG OPERATIONS AND
PRODUCTS-COMPLETED OPERATfONS
7his endorsement modifies insuranc� provided under the following:
COMM�RCIAL GENERAL LIABILITY COVERAGE FORM
SCH�DULE OP710NAL
Name of Additional Insured Persons or Organizations
(As required by written contract or agreement per Paragraph A. below.)
Locations of Covered Operations
(As per the written contract or agreement, pro�ided ti�e location is within the "cov�rage territory".}
(Informatior� required to complete this Schedule, if nat shown abo�e, will be sfi�own in the Declaratians.)
A. 5eciion II — Who Is An Insured is amended to include as an additional insured:
1. Any person or organizatian for whom you are performing operations when yau and such person or
organization ha�e agreed in writing in a contract or agreement in effecl during the term of khis palicy thal
such person or organization be added as an additional insured on your policy; and
2. Any other person or organizaiion you are required to add as an additianal insured under the contrac# or
agreement described in Paragraph 1. abave; and
3. The particular person or organization, if any, scheduled above.
Such �erson(s) or organization(s) is an additional insured or�1y with respect ka liability for "bodily injury",
"praperty darnage" or "personal and advertising injury" occurring after lhe execution of fhe contract or
agreement dascribed in Paragraph 1, above and caused, in whole or in part, k�y:
1. Yaur acis or omissions; or
2, The acts or omissions of t�ase acting on your behalf in the perforrr�ance o� your ongoing operations for
the additional insured; or
3. Your work° performed for the additional insured and included ir� the "products-completed operations
hazard" i# such co�erage is specifically required in the written contract or agreerr�ent.
CGL 084 (10 13) Includes copyrighled material of ihe Insurance Services Ofiices, Inc. wiih ils permission. Page 1 of 3
Copyrigttt 2013 FCCI Insurance Group.
COMMERCIAL GEiVERAL LIABILITY
CGL a84 (10 13)
However, the insurance afforded to such additional insured(s) described abo�e:
1. Only applies to th� extent permitted by law;
2, Will not be broader than that which yau are required by lhe contracE or agreement to provide for such
additional insured;
3. Will not be broader than that which is afforded ta you under this policy; and
4. Nothing herein shall extend ihe term of this policy.
B. The insurance provided fo the additional insured does not apply ko "bodily injury", "property damage" or
"personal and advertising injury" arising out of the rendering of, ar the failure to render, any professional
architectura4, engineering or surveying services, including:
1, The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
suNeys, field orders, change arders or drawings and specifications; or
2. Supervisory, inspection, architectural or engineering activilies.
C. 7his insurance is excess over any oiher valid and cofiectible insurance available to khe additional insured
whelher on a primary, excess, contingant or any other basis; unless t�e written contract or agreement
requires t�at this insurance be primary and non-contributory, in which case this insurance will be primary and
non-contributory relati�e ta insuranc�; on which the additional insured is a Named Insured.
D. With respect to the insurance afforded ko these additional insureds, the following is added to Sectian III —
l.imits o4 Insurance:
The most we will pay on behaif of the additional insured is the amount of insurance:
1. Requir�c� by the coniract ar agreement described in Paragraph A,1.; or
2. Available under the applicable Limits of Insurance shown in the Declarations;
whic�e�er is less.
This endorsement shall not increase the applicable Limits af Insurance shown in the Declaratians.
E. Section IV -- Commercial General Liability Conditions is amended as follows:
7he Duties In The E�ent af Occurrence, Offense, Claim or 5uit condition is ame�ded ta add the follawing
ac#ditional conditions applicable to the additional ins�red:
An additional insured under this endorsement must as soon as praclicable:
9. Gi�e us wriften notice of an "accurrence" or an offense which may result in a claim or "suit° under ihis
insurance, and of any claim or "suiY' thai does result;
2. Send us copies oF all legal papers recei�eti in connection witl� the claim or "suit", caoperate with us in the
investigatian or settlement of the ckaim ar defense against the "suit", and otherwise comply with all policy
conditions; and
3. Tender the defense and indemnily of any claim or "suit" to any pro�ider of other insurance which would
co�er the addifional insured for a loss we co�er under this endorsement and agree to make available all
such other insurance. However, ihis condition cioes noi affect ParagrapY� C. aba�e.
CGL 084 (10 13) Includes copyrighted material of Ihe Insurance Services Offices, Inc. will7 its permission. Page 2 af 3
Copyrighl 2013 FCCI Insurance Group.
CQMMERCIAL G�NERAL LIABILITY
CGf� 084 (10 13)
We have nfl duty to defend or indemniiy an additional insured under this endorsement untii we receive from
the additional insured written notice of a claim or "suiY'.
F. This endorsement does not apply tn any additional insured or praject that is speci#ically identified in any a#her
aclditional insured endorsement attached ta the Commercial General Liability Coverage Form.
CGL 084 (10 13) Includes copyrighted malerial of the Insurance Services Offices, Inc. wiih iis permission. Page 3 of 3
Copyright 2013 FCCI Insurance Group.
Policy #CPP1 Q0051064
FIRST CH�ICE CONTRACTORS LIAB�LITY ENDORSEMENT
TABL� OF COiVTENTS
�]ESCRIPTION
PAGE
AdditianalInsured Coverags ...................................................................................................................................... 9
BaiiBonds ................................................................................................................................................................... 9
BlankefWai�er of 5ubrogation ................................................................................................................................. 14
Bodily Injury and Property Damage ........................................................................................................................... 1
Care, Custady or Control ............................................................................................................................................ 3
ContrackorsErrors and Omissions ............................................................................................................................. 6
Contractual Liability {Personai & Advertising {njury) .................................................................................................. 2
ElectronicData Lial�ility .............................................................................................................................................. 1
GeneralLiability Canditions ...................................................................................................................................... 13
IncidenfalMalpractice ................................................................................................................................................. 9
Insured........................................................................................................................................................................ 9
Limited Product Withdrawal �xpense ........................................................................................................................ 3
Limifsof Insurance ................................................................................................................................................... 11
Lossof Earnings ......................................................................................................................................................... 9
LostKey Coverage ..................................................................................................................................................... 8
Newly Formed or Acquired Organizations ............................................................................................................... 11
Nan-�wned Watercraft ............................................................................................................................................... 9
Property Dar►�age tiability — Borrowed Equipment .................................................................................................... 1
7enant's Properky and Premises Rsnted To You ...................................................................................................... 8
VoiuntaryProperty damage ....................................................................................................................................... 2
PoliCy #CPP100051464 COMMERCIAL G�NERAL LIABILITY
CGL 088 (01 15}
TH15 ENDORS�MEN7 CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FiRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT
This endorsement modifies insurance pro�ided under the following:
COMM�RCIAL GEN�RAL LIABILITY COVERAGE FORM
NOTE: The following are additions, replacements and amendments to the Commercial Generai Liability Coverage
Form, and will apply unless excluded by separate endorsement{s) to the Commercial General tiability Co�erage Form.
The GOMMERCIAL GENERAL LIA81LI7Y COVERAGE FORM is amended as follows:
SEGTION I- COVERAG�S, COVERAGE A. BOQILY INJURY ANb PRO�ERTY DAMAGE is amended as follows:
1, �xtended "Properfy Damage"
Exclusion 2.a., Expected or Intended Injury, is replacad with the following:
a. "Badily injury" or "property damage" expected ar inte�ded from khe stand�oint of the insured. This
exclusion does not apply to "bodily injury" or "properly damage" resulting irom the use of reasonabie
force to �rotec# persons ar property.
2, Non-owned Watercraft
Exciusion 2.g. (2) (a) is replaceci with the following:
{a) l,ess than 51 feet lang; ar�d
3, Pro�erty Damage Liability — Borrowed Equipment
The following is added to Exclusion 2.j. (4}:
Paragraph {4) of this exclusion does not apply to "properly darr�age" to borrawed equipment wnile at a
jobsite and not being used to perform operalions. The most we will pay far "properly darr�age" ko any one
borrowed equipment ifem under this ca�erage is $25,000 per "occurrence". The insurance afforded under
this provision is excess over any other valid and collectible praperty insurance (including deductible)
a�ailable to fhe insured, whether primary, excess, contingent or on any other basis,
4. Limited Electronic Data Liability
Exclusion 2.p. is replaced wikh ihe following;
p. Electronic Data
Damages arising out of the loss of, loss of use of, damage fo, corruption of, inability to access, or
inabiiity to manipulate "electronic dala" lhat does not resuit from physical injury ta tangible property.
The most w�; will pay under Co�erage A for "property damage" because of all loss of "electronic data"
arising out of any on� "occurrence" is $10,000.
We have na duty to in�estigate or defend claims or "suils" covered by this Limited Electronic Data Liability
caverage.
The following definition is added to SECTION V— D�FINITIONS of khe Coverage Forin:
"Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted
to or from computer sofkwar� (including systems and applications software), hard or floppy disks, CD-
ROMS, tapes, drives, ceEls, data processing devices or any other media which are used with electronically
controlled equipmen#.
CGL fl88 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 14
Copyrighl 2015 FCCI Insurance Group
COMMERCIAL GENERAL LIABILITY
CGL Q8$ (01 15)
For purpose5 of �his Lirr►ited Electronic Data Liahility coverage, the definition of "Property Damage" in
S�C710N V— dEFINITIONS of ihe Co�erage Form is replaced by the following:
17. "Property damage" means:
a. Physical injury to tangible properiy, including a!I resulting loss af use af khat property. All such loss
of use sha11 be deemed to occur at ihe kime of lhe physical injury that caused it;
b. Loss of us� of kangible property that is not physically injured. All such loss of use shall be deemed
to occur ai #he time of the "occurrence" that caused it;
c. Loss of, loss of use of, damage to, corruption of, inability to access, or inabil�ty ko properly
manipulate "electronic data", resulting from physical injury to tangible property, All such loss of
"electranic data" shall be deemed ta occur ak the iime of the "occurrence" ihat caused it.
Fflr purpos�s of this i�surance, "electronic data" is not tangible praperty.
SECTION I— COV�RAGES, COVERAGE B. PERSONAL. AND ADV�R71S1NG INJURY LIABILITY is amended
as follows:
Paragraph 2.e. ExcEusions — the Contractual Liability Exclusion is deleted.
SECTION I— COVERAG�S, the following coverages are added:
COV�RAGE D. VOLUNTARY PROPERTY DAMAGE
Insuring Agreement
We will pay, at your request, for "property damage" caused by an 'bccurrence", to property of ati�ers
caused by you, ar whi[e in yaur passession, arising out of your business operations. The amounl we will
pay for damages is described in SECTION III LIMITS OF WSURANCE.
2. Exclusions
7his insurance does not apply to:
"Property Damage" to�
a. Properly at prernises owned, rented, leased or occupied by you;
b. Properly while in transit;
c. Praperky owned by, rented fo, leased to, loaned to, barrowed by, or used by you;
d, Premises yau se41, give away, or abandan, if the "properfy damage" arises out of any part of those
premises;
e. Property caused by or arising out of lhe "products-completed operations hazard";
f. Motor vehicles;
g. "Your product" arising out of it or any part af it; or
h. "Your work" arising out of it or any parf of it.
3. Deductible
We will not pay for loss in ar�y one "occurrence" until the amounk of loss exceeds $250. We will then pay
the amounk of loss in excess of $250 u� to the applicable limit of insurance.
4. Cost Factor
In the even# of a co�ered loss, you shall, if re�uested by us, replace the damaged property or furnish the
labor and makerials necessary for repairs thereto at your actual cost, excluding profit or overhead
charges.
CGL fl88 (01 15) Includes copyrighted material of the Insurance 5er�ices Office, Inc., wilh its �ermission. Page 2 of 14
Copyrighl 2015 FCCI Insurance Group
CdMMERCIAL GENERAL LIABiLITY
CGL 088 (01 15)
The insurance afforded under COVERAGE Q is excess o�er any fllher valid and callectible property ar inland
marine insurance (including the deductible applicable to lhe property or inland marine co�erage) available fo
you whether primary, excess, contingent or any ather basis,
Coverage D covers unintenlional darnage or destruction, buk does not cover disappearance, theff, or lass of
use.
The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E.
COVERAGE �. CARE, CUSTODY OR CON7ROL
1, Insuring Agreement
We will pay thase sums lhat khe insured becomes legally obligated Eo pay as damages because of
"properky damage" caused by an `bccurrence", to pro�erty of oihers while in yaur care, custocfy, or coRtrol
or property a( others as to wi�ich you are exercising physical control if the "property damage" arises out of
your business aperations. The amount we will pay for damages is described in SECTION III LIMITS �F
INSURANCE.
2, Exclusions
This insuranee daes not a�ply to:
"Property Damage" to:
a. Property at prem'tses owned, rented, leased or occupied by you;
b, Properly whife it� transit;
c. Premises you sell, gi�e away, or abandon, 'tf the "properly damage" arises aut of any part of those
premises;
d. Property caused by or arising out of the "products-completed operations hazard";
e. Motor vehicles;
f. "Your product" arising out of it or any part of it; ar
g. "Your work" arising out of it or any part of it.
3. Deductible
We will not pay for loss in any one "accurrence" until lhe amount of loss exceeds $250. We will then pay
the amount of loss in excess of $250 up to the applicable limil of insurance.
4. Cost Factor
In the event of a covered loss, you shail, if requesfed by us, replace the damaged property or furnish the
labor and materials necessary for repairs thereto at your actual cost, excluding profit or o�erhead
char�es.
7he insurance afforded under COVERAGE E is excess o�er any other valid and calleclible properly or inland
marine insurance (including the deductible applicable ta the property or inland marine coverage} available ta
you whether primary, excess, contingent or any other basis.
The insurance under COVERAGE E does not apply if a loss is paid under COV�RAGE D.
COVERAG� F, LIMIT�� PRODUCT WITHDRAWAL �XPENSE
1. Insuring Agreement
a. If you are a"seller", we will reimburse you for "produc# withdrawal expenses" associated with "your
product" incurred because of a"product withdrawaP' to which this insurance applies.
The amount of such reimbursement is limited as described in S�CTION III - LIMITS OF
INSURANCE. No other obligation or liability to pay sums or perform acts or seraices is cavered.
CGL Q88 (01 15) Includes copyrighted maierial of the insurance Services Office, Inc., with iis permission. Page 3 of 1a
Copyright 20'f5 FCCI Insurance Graup
COMMERClAL GENERAL LIABILITY
CGL 088 {01 15}
a. This insurance applies to a"product withdrawal" only if the "produck withdrawal" is initiated in lhe
"coverag� lerrifory" during tha policy period because:
(1) You determine that the "produck withdrawal" is necessary; or
(2) An authorized government entity has ordered you to conduct a"praduct withdrawai".
c. We wiil reimburse only thase "praduct withdrawal expens�s" which are incurred and reported ko us
within one year of the date the "product withdrawal" was initiated.
d. The initiation of a"praduct withdrawal" will be deemed ko have been made only at the earlies# of tne
following times:
(1) When you ha�e announced, in any manner, lo the general pubiic, your vendors or to your
employees (other than khose employees direclly involved in making the delermination) your
decision to conduct a"product withdrawal" This applies regardless of whether the defermination
ko conduct a"producf withdrawal" is made by you or is requested by a third party;
(2) When you received, either orally or in writing, notification of an order from an authorized
gavernment entity to conduct a"�roduct withdrawal; or
(3) When a third party has initiated a"product wilhdrawal° a�d you communicate agreement with the
"product withdrawal", or you announce fo the general public, your vendors or to your empEoyees
(other than those employees directly involved in making the determination) your decision #o
participafe in the "product withdrawal", whiche�er comes first.
e, "Praduct withdrawal expenses" incurred to withdraw "your praducts" which conkain:
(1 } The same "defect" will be deemed to have arisen out of t�e same "product wikhdrawal"; or
(2) A differeni "defect" will be deerrzed ta i�ave arisen out af a separate "product wikhdrawal" if newfy
determined or ordered in accordance with paragraph 1.b of this coverage,
2. Exclusians
This insurance does not apply to "product withdrawal" expenses" arising out af:
a. Any "product wikhdrawal" initiated due to:
(1) The failure of "your producks" to accomplish their intended purpose, including any breach of
warranty of fitness, whether wrikfen or implied, This exclusion does not apply if such failure has
caused or is reasonabiy expectecf to caus� "bodily injury" or physical damage ta tangible
properEy.
{2) Copyright, patent, trade secret or trademark infringements;
(3) Transformatian of a chemical nature, deterioration or decomposition of "your product", except if it
is caused by:
(a) An error in manufacturing, design, processing or transportation of "your product"; or
(b) "Praduct #ampering".
(4) Ex�iratian of the designated shelf life of "your praducf".
b. A"product withdrawal", initiated because of a°defect" in "your product" known to exist by lhe Named
Insured or the Named Insured's "executive officers", �rior to lhe inceptian date of this Coverage Part
or prior fo the lime "your product" leaves yaur control or possession.
c. Recall of any specific producls for which "bodily injury" or "properly damage" is excluded under
Coverage A- Bodily Injury Arzd Property Damage Liability by endorsernent,
d. Recall of "your products" whicY� have been banned from the market by an authorized government
entity priar ko lhe po{icy period.
e. The defense of a claim or "suik" against you for °product w+thdrawal expenses".
CGL Q88 (01 15) Includes copyrighled material of ii�e Insuranca Services Qifice, lnc., with its permission, Page 4 of 14
Copyright 2015 FCCI �nsurance Group
CbMMERCIAL GENERAL LIABILI7Y
CGL Q88 (01 15)
3. For the purposes of the insurance afforded under COVERAGE F, khe follawing is added to 2. Duties In
The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV — C�MM�RCIAL
GENERAL LIABILiTY CONDITIONS:
e. Duties In The Event Of A"Defect" Or A"Product Withdrawal"
(1) You must see to it that we are notified as soon as practicable of any actual, suspecked or
khr�atened "defect" in "yaur products", or any govern�nental investigatiorl, lhat may result in a
"product withdrawal". To the extent passible, nofice should include:
{a} How, when and where the "defect" was disco�ered;
(b} The names and addresses of any injured persons and witnesses; and
(c) The nalure, location and circumstances of any injury or damage arising out of use or
consumption of "your producl".
(2} It a"product withdrawal" is inikiated, you must:
(a) ImmediaieEy record the specifics of the "�roducf withdrawa!" and the date it was initiated;
{b) Send us written notice of the "product withdrawai" as soon as practicable; and
{c) Not release, consign, ship or distribute by any other method, any product, or like �r similar
producls, with an actual, suspected or threatened defect.
(3) You snd any other in�olved insured must:
(a} Immediately send us copies of pertinent correspandence received in conneclion wifh khe
"product withdrawal';
(b) Authorize us to obfain records and other information; and
(c) Caoperate with us in our in�estigation of khe "product withdrawal".
4. For the purposes of this Coverage F, the following definitions are added to lhe Definitions Section:
a. "Defect" means a defect, deficiency or inadequacy thak creates a dangerous condition.
b. "Product tampering" is an acl of intentional alteration of "your producY' which may cause or has
caused "bodily injury" or physical injury to tangible property.
When "product tampering" is known, suspected or threatened, a"product withdrawal" will nok be
limited to lhose bakches of "your product" which are known ar suspected to have been tampered with.
c. "Product wilhdrawal" means the recall or withdrawal of "your products", or producls which conlain
"your products", irom lhe market or from use, by any other person ar arganization, because of a
known or suspected "defect" in "your product", or a known or suspected "product tampering", which
has caused or is reasonably expecled ko ceuse "badily injury" or physical injury to tan�ible property.
d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below
paid and directly r�lated to a"product withdrawai":
{1 } Costs of nolification,
{2) Costs of slakianery, en�elopes, produciion of announcements and postage ar facsimiles;
{3) Costs of o�ertime paicE to your regular non-safaried employees and costs incurred by your
employees, including costs of iransportation and accommodalions;
(4) Costs of compuier time;
(5) Costs oF hiring independent cantrac#ors and other femparary em�loyees;
(6) Cosis of transportation, shipping or packaging;
(7) Casts of warehouse or storage space; or
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COMMERCIAL GENERAL LfABILITY
CGL 088 (01 15)
(8) Costs of proper dis�osai of "yaur products", or products lhat conEain "your products", that cannaf
be reused, not exceeding your purchase pnce or your cost to produce lhe products; buf °product
wilhdrawal expenses" does not include cosfs of ihe replacement, repair or redesign of "your
product", or the cnsks af regaining your market share, goodwill, revenue or �rofit.
e. "5eller° means a person or organizakion that manufactures, sells or dislribukes goods or �roducts.
"Seller" does not include a"contractor" as defined elsewhere in this endorsement,
The insurance under C4VERAG� F does not apply if a loss is �aid under COVERAGE G.
COVERAGE G. CONTRACTORS ERRORS AND OM15510N5
9. Insuring Agreement
If yau ar� a"contractor", we will pay lhose sums lhat you become legally obligated to pay as damages
because of "property damage" to "your product", "your work" or "impaired property", due to faulty
workmanship, material or design, or producis including consequential loss, ta which this insurance
applies. The damages must have resulted from your negligent act, error or omission wnile acting in your
business capacity as a conkractar or subcontractor or from a defect in material or a producE sold ar
installed by you while acting in this capacity. The amount we will pay for damag�s is described in
SECTiON III LIMITS OF INSURANCE.
We i�ave no duty to investigate or defend claims or "suits" covered by this Coniractors �rrors or
Omissions coverage.
This coverage applies only if the "properiy damage" occurs in the "coverage terrilor}i' during the poficy
period.
This coverage does not apply to additional insureds, if any.
Supplementary Payrr�ents — Coverage A and B do not apply to Coverage G. Conlractors Errors and
Omissions.
2. Exclusions
This insurance does not apply to:
a. "BocEily injury" or "personal and advertising injury".
b. Liability or penalties arising from a delay or failure lo complete a contract or project, or to camplete a
contract or projeck on time.
c. Liabilily 5ecause of an errar or omission:
(1) In lhe preparation of estimates ar job costs;
(2) Where cost estimates are exceeded;
(3) In the preparation af estimates of prafit or rekurn on capital;
(�4) In advising or failure to advise on financing of the work or project; or
{5) In acivising or failing to ad�ise on any legal work, ti#!e checks, form of insurance or suretyship.
d. Any liabilily wl�ich arises out of any actual or alleged infringement of copyright or trademark or trade dress
or patent, unfair campetilion or piracy, or theft or wrangful kaking of cancepts or inteklectual praperfy.
e. Any liability for damages:
{1 } From the intentional dishonest, fraudulent, rr�alicious or criminal acts of the Named Insured, or by
any par#ner, member of a limited liability cornpany, or executive officer, or at the direction of any
of them; or
{2} Which is in iact expected or int�nded by the ir�sured, ev�:n if the injury or damage is of a different
degree or type than actually expected or intended.
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COMMERCIAL GENERAL LIABILITY
CGL 088 (0'f 15)
f. Any liability arising out of manufacturer's warranties or guarantees whelher express or implied.
g. Any liability arising from "properly damage" ta property owned by, rent�d ar leased to khe insured.
h. Any liability incurred or "property damage" which occurs, in whole or in part, before you ha�e
completed "your work." "Your work" will be deemed completed at the earliest of the following times:
(1) W�en all of t�e work called for in your contract or work order has been completed,
(2) When ali !he work to be done at the job s9te has been completed iF your conlract calls for work at
more than one job s9te; or
(3) When that part of ti�e woric done at a job site has been put to its intended use by any person ar
organization ather than anothe� cantractor or subcontractor warking on the same projecf.
Work that may need service or mainkenance, earrection, repair ar replacement, but which is otherwise
complete, will be trea#ed as campleie.
i, Any liabifily arising from "property damage" to praducts that are still in your physical possession.
j. Any liabiiily arising aut of the rendering of or failure to render any professional services by you or an
your behaif, but only wiih respect to either ar both of the follawing operations;
{1) Providing engineering, architectural or sur�eying ser�ices to others; and
(2j Pra�iding ar hiring independent professionais to provide engineering, architectura! or surveying
services in connection wit� constructian work you perform.
Professional services incfude t�e preparing, approving or failing to prepare ar approve, maps, shop
drawings, opinions, reports, sur�eys, field arders, change orders, or tirawings and specifications.
Professional services aiso include supervisory or inspection activities performed as part of any rela#ed
architectural or engineering activities.
But, professional services do not include services within construc#ion means, melhods, techniques,
sequences and procedures employed by you i� connection with construcfion work you perform.
k. Your foss of profit or expected profit a�d any liability arising therefrom.
I. "Property damage" ko property ather than "your product," "your work" ar "impaired property."
m. Any liability arising from claims or "suits" where the righl of action against the insured has been
relinquishec� or waived.
n. Any liability for "praperfy damage" to "your wark" if the damaged wark or the work out of which the
dart�age arises was performed on your behal# by a subcontrackor.
a Any liability arising from the substitution of a materiai or product for ane specified on blueprinfs, wark
orders, coniracts ar engineering specifications unfess there has been wriften authorization, or unfess
ti�e blueprinls, work orders, contracts or engineering specifications were written by you, and you have
authorized the changes.
p, Liability of others assumed by the insured under any cantract or agreetnent, whether oral or in writing.
This exc�usion does not apply lo liability for damages that the insured would have in the absence of
the conlract or agreement,
3. For the purposes of Cqverage G, the following clefinition is added to the Definitions section:
a. "Contractor" means a person or organizat'ton engaged in activities of building, clearing, {iling,
excavating or impravement in the size, use or appearance of any structure or land. "Confractor" does
not incaude a"s�lfer" as defined elsawhere in this endorsement.
4. Deductible
We will nat pay for foss in any one "occurrence" until the amount of loss exceeds $250. The limits of
insurance wifl not be reduced by the application of the deductible amount.
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GQMMERCIAL CENERAL LIABILITY
CGL 088 (01 15)
We may pay any part or all of the deduclible amount to effect setllemenk of any claim or "suit", and upon
notification of the action kaken, you shail promptly reimburse us for such part of the deductible amount as
has been paid by us.
5. Cast Factor
In the e�ent of a co�ered loss, you shall, if reguesfed by us, replace the damaged property or furnish lhe
labor and makerials necessary for repairs thereta at your actual cost, excluding profik or overhead
charges.
The insurance under COV�RAGE G does not apply if a loss is paid under COVERAG� F.
COVERAGE H. LOST KEY COV�RAGE
1. Insuring Agreement
We will pay thosa sums, subject lo the limits of liability described in SECTION IEI LIMITS OF INSURANCE
in this endarsement and the deducii�le shown below, that you �ecome legally obligafed to pay as
da�nages caused by an "occurrence" and due to the loss or mysterious disappearance of keys entrusted
to or in the care, custody or control of you or your "employees" or anyane acting on your behalf. The
damages cavered by fhis endarsement are limiied to the:
a. Acfual cost of the keys;
b. Cost to adjust Eocks to accept new keys; or
c, Cost of new locks, if required, including fhe cost of installation.
2. Exclusions
7his insurance does nat apply to:
a. Keys owned by any insured, empl4yees of any insured, or anyone acting on behalf of any insured;
b, Any resulting loss of us�; or
c. Any of the following acts by any insurad, �mployees of any insured, or anyone acting or� b�half of any
insured:
1) Misappropriation;
2) Concealment;
3) Conversion;
4) Fraud; or
5) bishonesty.
3. Deductible
We will not pay for loss in any one "occurrence" until the amount of foss exceeds $1,00�. The limits o#
insurance will nvt be reduced by the application of the deductible amount.
We may pay any park or all of the deductible amount ko effect settlement of any claim ar "suit" and, upon
notification of lhe action taken, you shall promplly reimburse us for such part of fhe deductible amount as
has bean paid by us,
EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PR�MIS�S R�NTED TO YOU
The firsk paragraph after subparagraph (6) in Exclusian j„ Damage to Praperty is amended to read as follows:
Paragraphs (9 j, (3j and (�4) of this exclusion do not apply to "praperty damage" (other than damage by fire)
to premises, incl�ding the contents af such premises, rented to you. A separate iimik of insurance applies
to Damage To Premises Rented To You as described in Section III — Limits Of Insurance.
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COMMERCIAL GENERAL LIABILITY
CGL 088 (01 15j
SECTION I» COVERAGES, SUPPLEMEiVTARY PAYM�NTS — COVERAG� A and B is amended as follows:
All reFerences to SUPP�EMENTARY PAYMENTS — COVERAGES A and B are amended ko SUPPLEMENTARY
PAYMENTS — COVERAGES A, B, a, E, G, and H.
1. Cost of Bail Bonds
Paragraph 1.b. is replaced with the following:
b. Up to $2,500 for cost of bail bands required because of accidents or frafiic law violations arising out of the use
of any venicle to which fhe Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.
2. Loss of Earnings
Paragraph 1.d, is replaced with the folfawing:
d. A!I reasonable expenses incurred by the insured at our requesf to assist us ir� fhe investigation or defense
of the claim or "suit", including actual loss af earnings up to $500 a day because of time off from work.
SECTION II — WFEO IS AN INSURED is amended as foilows:
1. Incidental Malprackice
Paragrap� 2.a.(1)(d) is replaced with lhe following:
(d) Arising out of his or her providing or Failing to provide professiona! health care services. However, this
exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to
provide medical senrices, unless:
(i) You are engaged in the occupation or business of provicEing or offering medical, surgical, denfal, x-ray
or nursing services, treatment, advice or instruction; or
(ii) The "employee" has another insurance that would afso co�er claims arising under this provFsion,
wh�t�er the afher insurance is primary, excess, contingent or on any ather basis.
2. Broadened Who Is An Insured
The fallowing are added to Paragraph 2.:
Subsidiaries
e. Your subsidiaries if:
(1) They are I�gally incorporated entities; and
(2) Yau own more than 50% of the voting skock in such subsidiaries as of the effecfive date of lhis policy.
If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of
the inception of your original policy.
Additional Insureds
f. Any person or organization described in paragraphs g. through k. below whom yau are required ko add as
an additional insured on this policy under a written contract or agreement in effect during the Eerm of khis
policy, provided lhe wrilten contract or agreement was executed prior to the "bodily injury", "property
damage" or "personal and advertising injury" far which lhe additior�al insurec� seeks coverage,
However, the insurance afforded to such acEditional insured(s):
{1) Only applies ta the exten# perrnitted by law;
(2) Wil! nat be broader than that which you are required by the conlract or agreement to provide for such
additional insured;
(3) Will not be braader than i�at which is aiforded to you under fi�is policy;
(4) Is subject to the conditions described in pa�'agraphs g, through k. below; and
(5) Nothing herein shall extend lhe term of lhis policy.
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C�MMERCIAL GEEVERAL LIABILI7Y
CGL 088 (01 15)
g. Owner, Lessor or Manager of Premises
If the additional insured is an owner, lessor or manager of premises, such person or organization shall be
covered only with respect lo liabilify arising out of the ownership, maintenance or use of that part of any
premises leased to you and subject to t�e #ollowing additional exclusions:
(1) Any `bccurrence" t�ak takes place afker you cease ko occt�py those premises; or
(2) Structural alterations, new construction or demolition operations performed by or on behalf of such
person or organization.
h. Skate or Governmental Agency ar Subdivision or Palikical Subdi�ision — PermiEs or Authorizations
If the addiEional insured is the state or any political subdivision, the state or political subdivision shall be
coverecf only with respecl ta operations performed by you or on your behalf for which #he state or polikical
subcEi�ision has issued a permit ar authorization. 7his insurance does not apply to:
(1 }"Bodily injury", "property damage", ar "personal and advertising injury" arising aut of operations
performed for the federal government, state ar municipality; or
(2) "Bodiiy injury" ar "property damage° included within the "products-completed operations hazard".
Lessor of L.eased �quipment
If ihe additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to
liability for "bfldily injury", "property damage" or "personal and advertisir�g injury" caused, in whale or in
part, by your maintenance, operation or use of equipmenk leased ta you by such person(s) or
organization{s). Witi� respect to the insurance a#forcfed to these additional insureris, this insurance does
not apply ta any `bccurrence" which takes place affer the equipmenf lease expires.
Mortgagee, Assignee, or Recei�er
If lhe additionaf Insured is a rnortgagee, assignee, or receiver of premisas, suc� rriortgagee, assignee or
receiver af premises is an additionai insured only with res�ect to their liability as mortgagee, assignee, or
receiver and arising out of ihe ownership, maintenance, or use of the premises by you. This insurance
does not apply to structural alterations, new construction and demolition operations }�erformed by ar for
fhat person or organization.
k. Vendar
If the additional insured is a �endor, such vendar is an addilional insured only wiEh respect to "bodily
injury" or "properly damage" caused by "your products" which are distributed or sold in the regular course
of the ve�dor's business, subject to fhe fallowing additional exclusions:
(1) The insurance afforded lo the vendar does not apply to:
(a) "Bodily injury" or "property damage" far which the vendor is obligated to pay damages by reason
of t�e assumption of liabiiity in a contracf or agreement. This exclusion does not apply to liability
for damages that the �endor would i�a�e in absence af the conkrac# or agreement,
(b) Any express warranty unauthorized by you;
(c} Any physical ar chemical change in "your product" made intentionally by the �endor;
(d) Repackaging, unless un�acked solely for the purpose of inspeclion, cfemonstration, testing, or the
substituiion of parts under instructions from the ir�anufacturer, and lhen repackaged in the original
container;
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed
to make or normaliy undertakes to make in the usual course of business, in connection wifh the
dislribution or sale of the products;
(f) Demonstration, installation, servicing or repair operations, except such operakions }�erFormed at
the �endor's prem9ses in connection wikh #he sale of the product;
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CQMM�RCIAL G�NERAL LIABILlTY
CGL 086 (01 15)
(g) Products which, a#ter distributian or sale by you, ha�e been labeled or relabeled or used as a
container, part or ingredient af any other thing or substance by or for khe �endor; or
(h) "�odily injury" or "property damage" arising out of the sole negligence of the vendor for its own
acts or omissions or those of its own acts or omissions or those of its emptoyees or anyone else
acting on iks behalf. Howe�er, khis exclusion does not apply to:
The exceptions contained in Subparagraphs d. ar f.; or
ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or
rzormaliy underkakes ta make in the usual course of business, in connection witfi� the
distribution or sale of th� praducts.
(2) This insurance does not apply lo any insured persan or organization, from whom you ha�e acquired such
�roducts, or any ingredient, part or cantainer, entering into, accompanying or conkaining such prad�cts,
3. Newly Formed or Acquired Organizations
Paragraph 3. is amended as follows:
a. Co�erage under this pro�ision is afforded until the end of the policy period.
d. Coverage A does not a�ply to product recall expense arising out of any withdrawal or recall that occurred
before you acquired or formed the organ'tzakion.
SECTION III — LiMITS OF IIVSURANCE is amended as follows:
1, Paragraph 2. is replaced wilh the following:
2. The General Aggregate Limit is [he most we wili pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, exce�t damages because of "bodily injury" or "praperty damage"
included in the "praducts-completed operations hazard";
c. Damages under Coverage B;
d. Voluntary "property damaga" payments under Coverage D;
e. Care, Custody ar Control damages under Coverage E.; and
f. Lost Key Caverage under Coverage H.
2, Paragraph 5. is re�laced with the following:
5. Subject lo Paragrapl� 2. or 3. above, whiche�er applies, ihe Each Occurrence Limil is the most we will
pay for the sum of:
a. Qamages under Coverage A;
b. Medical expenses under Coverage C;
c. Voluntary "property damage" paymenfs under Co�erage D;
d. Care, Custody or Confro! damages under Coverage E;
e. Limiked Product Wilhdrawal Expense under Coverage F;
f. Conkractors Errors and Omissions under Coverage G.; ar�d,
g. Losk Key Coverage under Co�erage H.
because of all "bodily injury" and "proper#y damage° arising out of any one "occurrence".
3. Paragraph 6. is replaced with the following:
6. Subject to Paragraph 5. a�ove the Damage To Premises Rented To You Limit is the most we will pay
under Caverage A for damages because of "property damage" to any one premisas, while rented to you,
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COMMERCIAL GEN�RAL LlABILI7'Y
CGL 088 (01 15}
or in the case of damage by Fire or explasion, while rented ta you or te�r�porarily occupied by you with
permission of the owner.
The Damage to Premises Rented to You Limit is lhe higher of lhe Each Occurrence Lirnik shown in lhe
beclaratians or the amount shown in the Declarations as bamage 7o Premises Rented To You Limit.
4. Paragraph 7. is replaced with the following:
7. Subject to Paragrapi� 5, above, t�e higher of $10,4�0 or khe Medical �xpense Limit shown in the
Declarations is the most we will pay under Coverage C for all medical expenses because of "bodily injur�'
sustained by any one persan.
5, Paragraph $. is added as follows:
8. Su6j�ct to Paragraph 5. above, the most we will pay under Coverage D. Volunlary Properly Damage for
loss arising out of any one "occurrence" is $1,50Q. The most we will pay in any one-policy period,
re�ardless af the number of claims made or suits brought, is $3,0�0.
6. Paragraph 9. is added as fallows:
9. Subjeck to Paragraph 5. above, khe most we will pay under Coverage E, Care, Custody or Control for
"property damage" arising out of any one "occurrence" is $1,000. The mosE we will pay in any one-policy
period, regardless of the number of claims made or suits brought, is $5,000.
7. Paragraph 10. is added as follows:
1 p. 5ubject to Paragraph 5. above, the most we will pay under Coverage �. Limited Product Withdrawal
Expense for "product withdrawal ex�enses" in any one-policy period, regardless of the number af
insurecls, "prodUct withdrawals" initiated or number of "your products" withcirawn is $10,000.
8. Paragraph 11. is added as follows:
11. Subject to Paragraph 5. abave, the most we will pay under Coverage G, Contracfors Errors and
Omissions for damage in any one-policy period, regardless of the number of insureds, claims or "suits"
brought, ar persons or organizaiions rr�aking claim or bringing "suits" is $10,000.
For errors in cflntract or job specifications or in recommendations of products or malerials to be us�d, this
policy will not pay for additional costs of products and materials ta be used that would not have been
incurred had the correct recommendations or specificatior�s been made.
9. Paragraph 12. is adcled as fol�ows:
12. Subject lo Paragrapt� 5. above, the most we will pay under Coverage H., Lost Key Coverage for damages
arising out of any one occurrance is $50,000.
10. Paragraph 13. is added as follows:
13. The General Aggregate Limit applies separafely to:
a. Each of your projects away from premises owned by or rented to you; or
b. Each "iocation" owned t�y or rented to you.
"Location" as used in this paragraph means premises involving the same or connecting lots, or premises
whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad,
11, Paragraph 14. is acfded as follows:
14. Wilh respect ta the insurance affarded ko any additionai insured pravided co�erage under this
endorsemenL
if caverage pravided to the additional insured is required �y a contract or agresment, the most we will pay
on �ehalf of the additional insured is the amount of insurance:
a. Required by ti�e contrac# or agreement; or
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COMMERCIAL GENERAL LIABILiTY
CGL 088 (01 15)
b. Available under the applicable Limils of Insuranc� shown in the Declaratians;
whichever is less.
This endorsement shall not increase fhe appiicable Limits oF Insurance shown in the Declarations.
SECTION lV -- COMMERCIAL GEN�RAL LIABILITY CONDITIO{�S is amended as follows:
1, Subparagraph 2.a, af buties In The E�ent Of Occurrence, Offense, Claim, or Suit is repkaced with the
following:
a. Yau must see to it thet we are notified as soon as practicable of an "occurrence" or an offense which may
result in a claim. This requiremeni applies ortly when the "occurrance" or affense is known to lhe
foElowing:
('i) An individual who is the sole owner;
(2) A partner, if you are a partnership or jaint venture;
(3) An "executive officer" or insurance manager, if you are a corporation;
(4) A manager, if you are a limited liability company;
(5) A person or organization having praper temporary custody of your property if you die;
{6} The legal representative of yo� if you die; or
(7} A person (other than an "employee°) or an organization while acting as your real estate manager,
7o the extent possib�e, nofice should include:
(1) Fiow, when and where the "occurrence" or offense taok place;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and lacation of any injury or damage arising aut of t�e "occurrence" or offense.
2. The fnllow3ng is ac#ded to Subparagraph 2.b. of Duties In ihe E�ent Of Occurrence, Offense, Claim, or
Suit:
The requirement in 2.b.applies only when the "occurrence" or offense is known to the following:
(9) An individual who is the sole owner;
(2) A partner or insurance manager, if you are a partnership or joint Wenture;
{3) An "executive officer" or insurance rnanager, if you are a carporation;
(4) A manager or insurance manager, i# you are a limite� liability company;
(5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organizakion;
(6) A person ar organization having proper temporary custady of your property if you die;
(7) The legal represenlative of you if you die; or
(8) A person (ather than an "emplayee") ar an organization while acting as your real estate manager.
3. The following is adcled to paragrapf� 2. of Duties in the Event o# Occurrence, Offense, Claim or Suit:
e, If you report an "occurrence" to your workers compensation carrier that develops into a lia�ility claim for
which coverage is pro�ided by t�e Coverage Form, failure to report such an "occurrence" lo us at the time
af the "occurrence" shall not be deemed a violation of paragra�hs a., b., and c. abo�e. Hawever, you
shall give written nfltice of this "accurrence" ta us as soon as you become aware that this "accurrer�ce"
may be a liabilily claim rather than a waricers compensation claim.
4. Paragraph 6. is replacec# with the foilowing:
6. Representations
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COMM�FtCIAL GEN�RAL LIABILITY
CGL 088 (Oi i 5)
By accepti�g lhis policy, you agree:
a. The statements in the Declarations are accurate and complete;
b. Those statements are based upon represenfaiions you rnade to us; and
c. We ha�e issued this policy in reliance upon your rcpresenfations.
Any error or omission in the description of, or failure to completely describe ar disclose any premises,
operations or praducts intended to be covered by the Co�erage Farm will not invalidaie or affect coverage
for those premises, operations ar products, provided such error or omiss9on or failure ta compleiely
describe or disclose prett�ises, operations or products was not intentional.
You must report such error or amission ta us as soon as practicable aiter its disco�ery. Fiowe�er, this
provision does not affect our right to collect additiona{ premium charges or exercise our righ# of
cancellation or nonr�newal.
5. The following is added to paragraph 8. Transfer Of Rights Of Reco�ery Against Others To Us:
However, we waive any right of recovery we may have because of payments w� make for injury or
damage arising out of your ongoing operafions or "your work" included in the "products-campleted
operations hazard" under the following conditions:
a) Only when you have agreed in wriiing to waive such rights of recovery in a contract ar agra�ment;
b} On�y as to the personlentity as io whom you are required by the contract to waive rights of recovery;
and
c) Oniy if lhe contract or agreement is in e€fect during lhe term of lhis policy, and was executed by you
priar to the loss.
6. Paragraph 90. is added as follows:
10. Liberalization
If we revise this Co�erage Farm to pro�ide mar� coverage wilhout additional premium charge, your
policy wifl automatically provide the additional coverage as of the c�ay the revision is effective in the
applicable state(s).
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Copyright 2D15 FCCI Insurance Group
Policy #CAA100051065
CQMMERCIAL AUTO
cAu o�s �05 � s�
THIS ENDORSEMENT Cf-IANG�S THE POI.ICY. PLEASE READ I7 CAR�F�ULLY.
AUTO FIRST CH010E COVERAGE ENDORSEMENT
This endorsement modifies insurance pro�ided under lhe following:
BUSINESS AUTO COVERAGE F�RM
NOTE: The foliowing are addilions, replacements and amendments fo tite Business Auto Co�erage �orm, and
will apply unless excluded by se�arate endarsemenl(s) to tlie Business Auto Coverage Form.
Wit� respect to coverages provided by ihis endorsernent, ihe provisions of lhe Business Auto Coverage Form
apply unless modified by this endorsement.
The Business AuEa Coverage Form i5 amended as folkows:
SECTION II — COVERED AUTOS L.IABI�ITY COVERAGE is amended as fallows:
A. Paragraph 1. Who Is An Insured in section A. Coverage is amer�ded by the addition of the following:
d. Any legally incorporated subsidiary of yaurs in which you own n�ore than 50% of the voting stock an khe
effecti�e date of lhis coverage form. However, "insured" does nof include any subsidiary thai is an
"insured" under any ofher liability policy or wo«fd be an "insured° under such a policy but far its
termination or ihe exhauslion of ils limits of insurance. !n order for such subsidiaries to be considerecf
insurecf unde� this policy, you m�ksf notify us of such subsidiaries within 60 days of �olicy effeclive ciate,
e. Any organizalion you newly acquire or form during the policy period, other ihan a partnership or joinl
venlure, and a�er which you maintain sol� ownership or a majarity interest. However, co�erage under
this pro�ision:
(1] Does not apply if the organizafian yau acquire or form is an "insured" under anoiher liability policy
or wouid be an "insured" under such a policy but for its termination or the exhaustion of its limits of
insurance;
(2) Qoes no! apply io "bocEily injury" or "property damage" ihat occurrec3 befor� you acquired or formed
the organization; and
(3) Is afforded only for the first 90 cEays after you acquire or form tne organization or until the end of the
policy period, whichever comes first.
f. Any person ar organization who is required �mcler a wrilten conkracf or agreement between you and lhat
person or organization, that is signed and executed by you before the "bodiiy injury" or "proper#y
c4amage" occurs and that is in effect during the policy period, io be named as an additional insured is
an "insured" for Liability Cov�rage, but on�y for damages to which this insurance applies and only lo the
exlent ihat person ar organization quaiifies as an "insured" under the Who Is An Insured provision
contained in Section II.
g. Any "employee" of yo��rs using:
(1 j a covered "aulo" you do not own, hire or borrow, or a cavered "auto" not owned k�y an "employee"
or a member of his or her household, while perfonning duties related to the conduc! af your
business or your personal affairs; or
(2j an "auto° hir�d or rented under a contraci or agre�meni in that "ernplayee's° name, with your
permission, while perfor�r�ing dulies relaled ta lf�e conduct of your business. Hawe�er, your
"empioy�e" does not qualify as an insured under this paragrap�i (2) while using a covered "aulo"
rented from you or from any member of the "emp�oyee's" hous�hold
CAU 05II (05 19) Includes capyrighted rnaierial of ihe Insurance Services Office, Inc., wiit� iis permissioa�. Page 1 of Q
Copyright 201Fi FCCI Insurance Group.
CdMMERCIAL AUTO
CAU Q5F3 (05 19)
h. Your members, if you are a limited liabilily company, while using a covered "aufo" you do not own, hire
or borrow, while performing duties related fo the conduct oi your business or yaur personal affairs.
B. Paragraphs (2) and (4) under section 2. Co�erage Exiensions, a. Suppleinentary Payments are deleted
and replaced by ihe follawing:
(2j Up to $3,000 for cost of bail bonds (includir�g bonds for related traffic vialations) required because ot an
"accideni" we cover. We do not ha�e lo furnish lhese bonds.
(4j All reasonable expenses incurred by the "insured" solely at our request, including actual loss of
earnings up to $540 a day because of time off from work.
C. Paragraph 5. under seciion B. Exclusions is deleted and replaced by the following:
5. Fellow Employee
"Bodily injury" ta:
a. Any fellow "employee" of taie "insured" arising oui ot and in the course of a fellow "employee's"
employmeni or while performing duties related to ihe conduct of yaur business. However, this
exclusion does not apply to your "employees" that are officers or managers if the "bodily injury"
results from ihe use of a covered "auto" you own, hire or borrow. Coverage is excess over any other
collectible insurance; or
b. The spouse, chiEd, pareni, brother or sister of that fellow "employee" as a consequence of Paragraph
a. above.
S�CTIDN III — PHYSICAL DAMAGE COVERAG� is amencEed as follows:
A. Paragraph a. Co�erage Extensions under section A. Co�erage is deleted and replaced by the follawing:
4. Co�erage Extensions
a. Transportakion �xpenses
We wili pay up to $50 per day to a lotal maximum of �1,5Q0 for temporary iransportation expense incurred
by you t�ue to covereci fass to any covered auto. We will pay oniy for tfi�ose co�ered "autos" far which you
carry either Comprehensive or Specifed Causes OF Lass Coverage. We will pay far temporary
transportation expe��ses incurred during the period beginning 24 hours after a loss and ending, regardless
of the policy's expiration, when lhe covered "auto" is returned to use or we �ay for iis "loss".
b. Lass of Use Expenses
For Hired Auto Physicai Damage, we will pay expenses for which an "insured" becam�s IegalEy
responsible to pay for ioss of use of a vehicle ren[ed or hired without a driver under a writien renlal
conkracl ar agreement. We will pay for loss of use expenses if caused by:
(1) �Iher than collision oniy if ihe Declaralions indicate that Compreh�nsive Co�erage is provided far
hired "autos";
(2) 5pecified Causes of Loss only if the Deciarations indicate ti�ai 5pecified Causes of Loss Coverage
is provided for hired "autos"; or
(3) Collision only if the beclarations inciicake that Collision Coverage is provided for hired "autos".
However, the rnost we will pay for any expenses for loss of use to any one �eliicle is �a75 per day, lo a
total maximum of $1,500.
B. The following is added to paragraph 4. Coverage Extensions under section A. Co�erage:
c. Fire Department 5ervice Charge
When a fire depariment is called to save or protect a cavered "aulo", its equipinent, its conients, ar
occupants irom a covered cause o# loss, we will pay u� to �1,000 far your liabFlity for fire departmet�t
service charges ass�rmed by contractor ar agree�nent prior fa loss.
No deduciible applies to this additional co�erage.
CAU 058 (05 19) Includes copyrighled material of the E«surance Ser�ices Office, Inc., witf� ils perinission. Page 2 0( 4
Copyright 2018 FCCI Insurance Group.
COMMERCIAL AUTO
CAU 058 (D5 19)
d. Auta LoanlLease Gap Co�erage
The follawing provisions apply:
(1) If a long term leased "auto", under an ariginal lease agreement, is a covered "auto" under this
coverage form and the lessor o# the covered "auto" is named as an additional insured under this
policy, in ihe event of a total loss to the leased covered "aulo", we will pay any unpaid amount
due on the lease, less the amaunt paid under fhe Physical Damage Coverage Section of the
policy; and less any:
(a) O�erdue lease or loan paymenls including penalties, interest, ar other charges resulting from
overdue payme�ts at the iime of the "ioss";
(b) Financial penallies imposed under a lease for excessive us�, abnormal wear and lear or high
mileage;
(cj Securiiy deposits not reFunded by the lessor;
(d) Casts far exlended warraniies, Credit Li#e Insurance, Health Accident or Disabilily Insurance
purchased wiih the loan or lease; and
�e] Carry-o�er balances �rom previous loans or ieases.
(2} I! an owned "auto" is a ca�ered "auto" under khis coverage form and the [oss payee of ihe
co�ered "auto" is named a loss payee under this policy, in the e�enl of a total loss io the covered
"auto", we will pay any unpaid amount due on ihe loan, less the amount paid under the Physical
Damage Co�erage Seciian af the policy; and less any;
(a) Overdue loan payments al th� fime of the "loss";
(b) Costs for extended warrantiss, Credil Life Insurance, Heaith Accident or Disability Insurance
purchased with fhe loan; and
(c) Carry-aver balances from previous loans.
C. Paragraph 3. under section B. Exclusians is deleled and replaced by fhe following:
3. We will not pay for "loss" due and confined to:
a. Wear and tear, freezing, mechanicaj or elec#rical breakdown
b. 8lowouts, punctures or other road damage to lires
This exclusion does not apply io such "loss" resulting from the total thefi of a covered "aufa".
However, this exclusion does not include tk�e discharge of an airbag in a co�ered "auto" you own lhat
inffates due to a cause ofher lhan a cause of "loss" set forih in Paragra}�hs A.1.b and A.1.c.�ut only:
a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy;
b. The airbags are not co�ered under any warranty; and
c. The airbags were not inlentionally inflated
We wi41 �ay up to a maximum of $1,�00 far any one "lass",
p. Section D. Deductihle is deleted and repfaced by tl�e following:
D. Deductible
For each co�ered "auto", our obligation to pay for, repair, return or replace damaged or stolen properly
will be reduced by the applicabie deductible shown in the Declaraiions subjecl #o the following:
Any Comprehensi�e Coverage deductible shown in ihe Qeclaraiions does not apply to:
(1) "Loss" caused by fire or lightning; and
(2) "�oss" arising out of theft of your vehicle if your vehicle is equippecE wiih an active GPS tracking system.
GAU 05a (05 19) Includes copyrighted material of the Insurance Services Qifice, Inc., wifh ils permission. Page 3 of 4
Copyright 2018 FCCI Insurance Group.
COlNMERCIAL AUTO
CAU 058 (05 19)
(3) Glass damage if repaireci rather than replaced.
SECTION IV — BUSINESS AUTO CONDITIDNS is amended as fallows:
A. 7he following is added to paragraph a. under sectian A. Loss Condikions, 2. Duties in the �.vent of
Accident, Claim, Suit or Loss;
This duly applies when ti�e "accidenC', claim, "suil" or "loss" is (irst known fo:
{a) Yo�, if you are an individual;
�b) A partner, if you are a partnership;
(c) An executive officsr or insurance manager, if you are a corporation; or
(d) A member or manager, if yau are a limited liabilily company.
B. Condition 5. Transfer of Rights of Recovery against Others to Us under seclion A. Lass Conditions is
deleted and replaced by fhe following:
5. Transfer of Rights o# Recovery against Others to Us
If a person ar organization Eo or for whom we make payment under this coverage farm has rights lo
reco�er damag�s from anather, lhose rights are transferred to us. That persan or organization must do
everything necessary ko secure our rights and mus[ do nothing after "accident" or "loss" to impair ihem.
Hawever, if ihe insured has waived ri�hts tQ recover thraugh a written coniract, ar if your work was
cammenced under a letier of inlent ar work order, subject to a subsequ�ni reduction in writing of suci� a
waiver with cusfamers whose customary contracEs require a wai�er, we wai�e any righi of recovery we
may have under this coverage form.
C. The following is added lo Condition 2. Concealment, Misrepresentation or Fraud under section B. General
Conditions:
However, if you unin#entionally fail to disclase any hazards at the inception of your policy, we will not deny
coverage under ihis coverage fonn because af such failure. This pro�ision does not affect our right to
collect addilional premium or exercise our right of cancellation or non-renewal.
D. Paragraph 6. of Condition 5. Other Insurance under section S. General Conditians is delefed and replaced
by the following:
b. For Hired Auto Pl�ysical Damage Co�erage, llie following are deemed to be co�ered "autos" you own;
('f) Any covered "auto" you lease, hire, rent or borrow; and
(2) Any co�ered "auio" hired or rented by your "employee" under a contract in lhat individual
"employee's" naine, with your permission, while performing duties related to the conducl of your
t�usiness. However, any "auto" that is leased, hired, rented or borrowed witlt a dri�er is not a
cavered "a�to", nor is any "auto" you hire from any of your "employees", partners (if yo« are a
parinership}, members (if yau are a limited liability company), or members of their households.
CAU 05II (05 19} Includes copyrighted malerial of ihe Insurance Services Offlce, Inc., wiih iis pennission. Page 4 of 4
Copyright 20i8 FCCI Insurance Group.
Polic #CAA1flOb51D65 C�MM�RCIAL AUTOMbB1LE
Y CAU 082 (01 �5)
THES ENDORSEMENT CHANG�S THE PaI.ICY. PLEASE READ IT CAREFUL�.Y.
AUTOMATIC INSURED - BUSINESS AlJTO P4LICY
PRIMARYINON�C�NTRIBUTiNG WHEN REQUIRED BY CONTRACT
This endors�men[ modifies insurance provided under khe following:
BU51NES5 AUTO COVERAGE FaRM
This �ndorsement is subject to the terms, conditions, exclusians and any okher pro�isions of the BU5IN�SS
AU70 COVERAGE F�RM or any endorsement attac�ed thereto unless changes or additions are indicated
below.
For fhe purpose of this endorsement, Section II.A,1. Who 1s An Insured is amended by adding khe following:
'f. Any person ar organixation when you and such person have agreed in writing in a contract signed and
executed by you priar ta the loss for which coverage is sought, that such person or organizatian be added
as an "insured" on your auto palicy. Such person or organization shal! be an "insured" to the extent your
negligent actians or omissians irnpose liability on such "insured" without faulk an its part.
2. 7his insurance is primary and non-contributory to o1he� liability coverages of ihe person or organization
being acfded io this policy as an "insured" wtten so required in a written contract or agreement that is
executed prior to the loss for which coverage is sought.
CAU 082 (01 15j Includes copyrighted maierial of the Insurance Services Qffice, Inc„ with iis permission. Page 1 of 1
Copyright 2015 FCCI Insurance Group,
�
X utua
WORKERS' COMPENSATION INSURANC�
WORK�RS' COMPENSATION AND WC 42 03 04 B
�MPLOY�RS LIA8ILITY POLICY Insured copy
TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement applies only to the insurance pro�ided by the policy because Texas is shown in item 3.A, af ihe
Information Page.
We have the right to recover a�r payments from anyone liable for an injury co�ered by this policy. We will not enforce aur
right against khe person or organixatian named in the Schedule, but this wai�er applies oniy with respect to bodily injury
arising out of fhe aperations described in the schedule where you are required by a written contract to obtain this waiver
fram us.
This endorsement shall not operate directiy or indirectly to benefit anyone not named in the Schedule.
The premium for this endarsement is shown in the Schedule.
Schedule
1. { ) Specific Waiver
Name of person ar organization
(X) Blanket Waiver
Any person or organization for whom the Named Insured has agreed by wrilten contract to furnish this wai�er.
2. Operations: All Texas operations
3. Premium:
The premium charge for this endorsement shall be 2.Q0 percent of the premium developad on payroll in cannection
with work performed far the above person(s) ar organization(s) arising aui of the operations described.
4. Advance Premium: Included, see Information Page
This endorsemenl changes the policy to which it is attached effect+ve on Ihe inception date of ihe policy unless a different da[e is indicaEed below.
(The foElawing "attaching clause" need 6e completed only when ia�is endorsement is issued sui�sequenl lo preparation o( the policy.)
This endorsement, effecti�e on 8112I21 at 12:09 a.m. standard time, forms a part of:
Policy no. 0002051085 of Texas Mutual Insurance Campany eftective on 8I12121
Issued to: WILLIAM J SCHULTZ INC
DBA: CIRCLE C CONS7RUCTION COMPANY
This is noi a bill
NCCI Carrier Code: 29939
�r �/ �"�
Authorized representative
a�� or2 i
PO Box 9205$, Ausiin, 1'X 78711-2058
1 of 1 texasmutual.com �(Sfl0) 859-5995 � Fax (8fl0) 359-0650 WC 42 03 Q4 B
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Policy #ZUP41M114282QNF
EXCESS FOLLOW--FORM AND UMBRELLA
LIABILITY INSURANCE
UMBRELLA
THIS POLICY, IN PART, PROVIDES FOLLOW-FORM LIABILITY COVERAGE.
COVERAGE WILL APPLY ON A CLAIMS-MADE BASIS WHEN
g FOL.L�WING CLAIMS-MADE UNDERLYING INSURANCE.
� COVERAGE WILL APPLY 4N A DEFENSE-WITHIN-LIMITS BASlS
$ WHEN FOLLOWING UNDERLYING INSURANCE UNDER WHICH
�EFENSE EXPENSES ARE PAYABLE WITHIIV, AND NOT IN ADDITION
� TO, THE LIMITS {OF INSURANCE. WHEN FOLLOWING SUCH
Q UNDERLYING INSURANCE PAYMENT OF DEFENSE EXPENSES UNDER
. THlS P4LICY WILL REDIICE, AND MAY EXHAUST, THE LIMITS OF
� IIVSURANCE OF THIS POLICY.
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PLEASE READ THE ENTIRE POLICY CAREFULLY.
Various provisions in this policy restrict coverage. Read the entire policy carefully ta
determine rights, duties and what is and is not covered.
Throughout this policy, the words "you" and "your" refer to the Named insured shown in
the Declarations and any other person or organization qualifying as a Named Insur�d under
this poiicy. The words "we", "us" and "our" refer to the company providing this insurance.
The ward "insured" means any person or organization qualifying as such under SECTION II —
WHU IS AN INSl1RED.
Other wor�s and phrases that appear in quntatian marks have special meaning. Refer tq
SECTION VI -- DEFINITIONS.
S�CTi�N ! - C[1VERAGES
A. CUVERAGE A - EXCESS FOiLOW-FORM
LIABILITY
1. We will pay on behalf of khe irtsured
those sums, in excess of the
"applicable underlying limit", that the
insured becomes legally abligated to
pay as damages to which Coverage A
of this insurance appfies, provided
that the "underlying insurance" would
apply to such darnages but for the
exhaustion of its applicable limits of
insurance. If a sublimit is specified in
any "underlying insurance", Coverage
A of this insurance appfies ta
darnages that are in excess of that
sublimit only if such sublimit is
shawn for that "underlying insurance"
in tt�e Schedule Of Underlying
Insurance.
2. Coverage A of this insurance is
subject to the same terms,
conditions, agreements, exclusions
and definitians as the "underlying
insurance", except with respect to
any provisions to the contrary
contained in this insurance.
3, The arr►ount we will pay far damages
is limited as descrihed in SEC7t�N III
- I.IMITS OF INSURANC�.
4. For the purposes of Paragraph 1.
above:
a. The appaicable limit of Insurance
skated for the policies af
"underlying i�surance" in the
Sc�edule Of Underiying Insurance
will he considered to be reduced
ar exhausEed only by the
following payments:
(1) Payments of judgments or
setklements for damages that
are co�ered by that "underlying
insurance". However, if such
"underlying insurance" has a
policy period which differs
from the policy period of this
�xcess Follow-Form And
Umbrella Liability Insurance,
any such payments for
damages that would not be
co�ered by this Excess Follow-
Form And Umbrella Liability
Insurance because of its
differer�t policy period wiEl not
reduce ar exhaust the
epplicable �imit of insurance
stated for such "underlying
insurance";
(21 Payrr�en#s of "medical exp-
enses" that are cavered by
that "underlying insurance" and
are Incurred for "bodily injury"
caused by �n accident that
takes place during the pnlicy
period of khis Excess Follaw-
Form And Umbrella Liability
Insuranee; or
��1 00 01 07 16 � 2Q 1 6 The Travelers Indemnity Company. All rights reserved. P8�8 1 of 23
UMBRELLA
(3} Paym�nts of de#ense expenses
that are covered by that
"ut�derlying insurance", only if
such "underlying Insurance"
includes such paymerrts wit�in
the limits nf insurance.
HAWBVBF, if such "underlying
insurance" has a palicy period
which differs from khe policy
period of this �xcess Follow-
Form And Umbrella Liability
Insurance, any such payments
for defense expenses that
would nat be covered by this
Excess Follow-Form And
Umbrella Liability Insurance
because of its different policy
period will not reduce or
exhaust the applicable limit of
insurance stated far such
"underlying insurance".
It the applicable limit of insurance
stated for the policies of
"underlying insurance" in the
5chedule Of Uncferlying Insurance
is actually reduced nr exhausted
by other payments, Goverage A of
this insurance is not invalidated.
However, in the event af a loss,
we will pay only to the extent
that we woufd have paid had such
limit not been actually r�duced or
exhaust�d by such other payments,
b. If any "underlying insurance" has
a limit of insurance greater khan
the amount shown far that
insuranee in the Schedule of
Underlying Insurance, this
insurance will apply in exc�ss of
that greater amount. If any
"undet'lying insurance" has a lirnit
of insurance, prior to any
reduc#ion or exhaustion 6y
payment of damages, "medical
expenses" or defense expenses
described in Paragraph a above,
that is less than the amount
shown for that insurance in the
Schedule Of Underlying Insurance,
this insurance will apply in excess
o# the amnunt shown for such
insurance in the Schedule Of
Underlying Insurance.
5. When the "uncEerlying insurance"
applies on a claims-made basis and
inc�udes a retroactive date provision,
the retroactive date for Coverage p
of this insurance is the same as the
retroactive clate of that "underlying
insurance".
"property damage", "personal injury"
or "advertising injury" ta which
Co�erage B of this insurance applies.
2. Coverage B nf this insurance ap�lies
to "bodily injury„ or "property
damage" only if:
a. The "bodily injury" or "property
darnage" is caused by an
"occurrence" that takes place
ahywhere in the world;
6. The "badily injury" or "property
damage" occurs during the policy
period; and
C. Prior to the policy period, no
insured llsted under ParagrapM 1.
in Paragraph B., COVERAGE B--
UMBRE�LA LIABILITY, of SECTI�N Il —
WNO 15 AN IIVSUREQ and no
"employee" authorized by you to
give or receive nntice of an
"ocGurrence" or claim, knew that
the "badily injttry" ar "property
cEamage" had occurred, in whole
or in part. If such a listed insured
or authorized "employee" knew,
prior to the palicy perind, that the
"bodily injury" or "property
damage" occurred, in whole or in
part, then any continuation, change
or resumption of such "bodily
injury" or "property damage"
during or after the policy period
will pe deemed to have been
known prior to the policy period.
3. Coverage B of thls insurance applies
to "personal injury" or "advertising
injury" caused by an offense arising
out of your business, but only if the
offense was committed during the
policy periad anywhere in the world.
�4. The amount we will pay for damages
is limited as described in SECTION III
— �innirs aF iNsu�aNcE.
5. "Bodiiy injury" or "property damage":
a. Which occurs during the policy
period; and
6, Which was not priar to, but was
during, the policy period known to
have occlirred by any insured
listed under Paragrapi� 1. in
Paragraph 9., COVERAGE B —
IIMBRELLA LIABlLITY af S�CTlON II —
WHO IS AN INSl1REQ, or any
"employee" authorized by yau ta
give notice of an "occurrence" or
claim;
B. COVERAGE B— UMBR�LLA I.IABILITY incfudes any continuation, change or
1. We will a on behalf of the insured resumption of the "bodily injury" or
P Y 'property damage" after the end of
thase sums in excess of khe "self- the policy period.
insured retentian" that the insured
becomes legally obligated to pay as 6. "8odily injury" ar "property damage"
damages because of "bodily injury", will be deemed to have been known
PBgE 2 Of 2� � 2� 16 The Travelers Indemrnty Company, A[I rights reserved, E1.1 00 01 Oi 1G
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to have occurred at the earliest time
when any insured listed under
Paragraph 1. in Paragraph B., COVERAG�
B- 11MHHELLA LIABILITY, of SECTIDN II
- WHO IS AN INSURED or any
"employee" authorized by you to give
or receive notice of an "occurrence"
or claim:
1. Reports all, or any part, of the
"bodily in}ury" ar "property
damage" to us or any other
insurer,
�� kt. Receives a writt�n or verbal
�, demand or clairn for damages
� because of the "bodily injury" or
� "property damag�"; or
* C, �ecomes aware by any other
means that the "bodily injury" or
r "property damage" has occurred
m or has begun to occur.
� 7. Damages because of "bodily injury"
� include damages claimed by any
person or organization for care, loss
� of services or death resulting et any
� time from the "bodily injury".
o B. Coverage B of this insurance does
o not apply to damages covered by any
m "underlying insurance" or that would
. have been covered by any "underlying
insurance" but for the exhaustion of
its applicable limit of insurance.
C, COVERAGE C - GRfSIS MANAGEMENY
SERVIC� EXPEN5ES
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1. We will reirr�burse th� insurecf, or pay
on the insured's behalf, "crisis
mar�agement ser�ice expenses" to
which Coverage C appfies.
2. Coverage C of this insurance applies
to "crisis manag�ment servica
expenses" that:
a. Arise out of a"crisis management
event" thak first commences
during the policy periad;
b, Are incurrad by the insured, after
a "crisis managemen# event" first
cornrnences and before such event
ends; and
c. Are submitted to us within 180
days after the "crisis management
advisor" advises yau that the
"crisis management event" no
longer exists.
3. A"crisis management event" will be
deemed to:
6. Enc# when we decide that ti�e
crisis no longer exists or when
the Cris�s Managerne�t Service
Expenses Limit has been
exhausted, whichever occurs first.
4, Tha amount wa will pay for "crisis
management ser�ice expenses" is
limited as described in SECTIDN ill —
LIMITS UF IhISI1RANC�.
$. A "self-insured retentian" does not
apply to "crisis rrtanagement ser�ice
expenses".
6. Any payment of "crisis management
service expenses" that we make wil!
not be determinakive of our
obligations under this insurance with
respect to any claim or "suit" or
create any c#uty to defend or
incfemnify any insured for any clairn
or "suit".
D. �EFfNSE AND SIIPPLEMENTARY PAYMENTS
9. We will have the right and duty to
defend the insured:
�, Uncfer Coverage A, against a"suit"
seeicing damages to which such
coverage applies, if:
(1j �he "applica6le underlying
limit" is the applicable limit of
ins�rance stated for a policy
of "underfying insurance" in
the Schedule Of Underlying
Insurance and such limit has
been exhausted solely due to
payments as permitted in
Paragraphs 4,a.[1), (21 and {gj of
COVERAGE A -- ExCESS FOtLDW-
FOHM LIABILiTY of S�C�IOH i-
CO'VEHAGES; or
(2j The "applicabke underlying
limit" is the applicable limit of
any "other insurance" and such
limit has been exhausted by
payments of judgments, settle-
ments or medical expenses, or
related costs or expenses (if
such costs or expenses reduce
such limitsl.
Fnr any "suit" for which we ha�e
the right and duty ta defend the
insured under Coverage A, defense
expenses will be within t�ta limits
af insurance af this policy when
such expenses are within the
limits of insurance of the
applicable "underlying insurance";
or
a. First commence at the kime when b. Under Goverage B, against a"suit"
any "executive officer" first Seeking damages to which such
becomes aware of an "event" or coverage applies.
"occurrence that leads to that
"crisis rr�anage�nent evsnt"; and 2, We have no duty ta defend any
insured agains# any "suit":
�l� 00 Ol Oi 16 � 2p i 6 7he Travelers Indemnity Company. All rights reserved. P8ge 3 of 2�
UMBRELLA
�. 5eeking damages to which this
insurance does not apply; ar
b. If any other insurer has a riuty to
def end.
3, When we have the duty to defend,
we may, at our discretion, investigate
and settle any claim or "suit". In all
ather cases, we rnay, at our
discretion, partieipate in the
investigation, defense and settlement
of any claim or "suit" for damages
to which this insurance may apply. !f
we exercise such right to participate,
all expenses we incur in daing so
will not reduce the applicable limits
of insurance.
4. Our duty to defend ends when wa
have used up the applicable limit nf
insurance in the payment af
jucEgments or settlements, or defanse
expenses if such ex�enses are within
the limits of insurance of this pnlicy.
5. We will pay, with res{�ect to a claim
we investigate or settle, or "suit"
against an insured we defend:
a. All expenses we incur.
b. The cost nf:
C.
d.
e.
(1a Bail bonds required because of
accidents or traffic law
vialations arising out of the
use of any �ehicle to which
this insurance applies; or
I21 Appeal bonds and bonds to
re�ease attachments;
but anly for bonci arr�aunts within
the applicable limit of insurance.
We do not ha�e to #urnish these
bonds.
A41 reasonable expenses incurred
by the insurec! at our request to
assist us in the investigation or
defense of such claim or "suit",
including actual loss af earnings
up to $1,000 a day because af
time off frorrt work.
All court costs taxed against the
insured in the "suit". However,
these paymants do not inalude
attorneys' fees ar attorneys`
expenses taxed against the
insured.
Prejudgment interest awarded
against the insured on that part of
the judgr-nent we pay. ff we rnaks
an offer ko pay the ap�licable
limit of insurance, we will not
pay ar�y prejudgmenk interest
based on that period of time after
the offer.
All interest that accrues on the
full amount of any judgment after
entry of the judgment and before
we have paid, offered to pay or
depositeci in court the part of the
judgme�t khat is within the
applicable limit af insurance. If
we do not pay part of the
judgment for any reason other
than it is more than t�e applicable
limit of insurance, we will not
{�ay any interest that accrues on
that portion of the judgment.
With respect to a claim we
investigate or settle, or "suit" against
an insured we defend under COVL�RAGE
A — �XGESS FOLLOW—F�RM LIABiLITY,
these payments wifl not reduce the
applicable limits of insurance, but
only if khe applicable "underlying
insurance" pro�ides for such
payments it� addition to its limits of
insurance. With respect ta a claim we
investigate or settle, or "suit" against
an insured we defend under CflVERAGE
B — UMBR�LLA LIABILITY, these
payments will not rec#uce the
appiicable limits of insurance.
SECTION [I — WHO IS AN INSURED
A. C�VERpGE A � EXG�SS FOLLOW�FQRM
LIABILITY
With respect to Coverage A, the
following persons and organizations
qualify as insureds:
1. The Named Insured shown in the
�eclarations; and
2. Any other person or organization
quaEifying as an insured in the
"underlying insurance". If you have
agreed to {�rovide insurance for tMat
person or organization in a written
contract or agreement:
a. The limits of insurance afforded
to such person or organization
will be:
(1� The amouni by which the
minEmum limits of insurance
you agreed to provide such
person or organization in that
written contract vr agreei'rtent
exceed the total fimits of
insurance of al! applicable
"underlying insurance"; or
i2� �he limits of insurance of this
policy;
whichever is less; and
b. Coverage under this policy daes
not ap}aly to sucF� p�rson or
organization if the rninimum limits
of insurance yau agreed to
provide sueh person or
organization in that written
contract or agreement are wholly
within the total limits nf insurance
of all available applical�le
"underfying insurance".
Page 4 of 23 � 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 1$
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� B. COVERAGE B— UMBRELLA L1AB11.17Y
' � With respect to Coverage B:
U 1. The Named Insured shown in the
Declaratinns is an insured.
2. If you are:
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a, An intiividuaf, your s�ouse is also
an insured, but only with respect
to the conduct of a business of
which you are the sole awner.
6. A partnership ar joint venture,
your mernbers, your partners and
their spouses are also insureds,
but only with respect ta the
conciuct of your business.
C. A limited liabiiity campany, your
members are also insureds, but
only with r�spect to the conduct
of yaur �U5111855. Yaur managers
are also insureds, hut only wit�
respect to their duties as your
managers.
d. An organization other than a
partnership, joint venture or
(Imited liabi{ity company, yaur
"officers" and directors are also
insureds, but only with respect to
their duties as your "officers" or
directors, Yo�r stockhoiders are
also insureds, but only with
respect to their liability as
stockholders.
e, A trust, your trustees are also
insureds, but nnly with respect to
their duties as trustees.
3. Each of the following is also an
insured:
a. Yaur "voiunteer workers" only
while performing duties related to
the conduct of your business, or
your "employees", other than
either your "officers" tif you are
an arganization other than a
partr�ership, joint venture or
limited liability companyl or your
managers (if you are a limited
liability companyy, but only for
acts within the sco�e of their
employment by you or while
performing duties relaked to the
conduct of your k3U51f18S5.
However, none of these
"ernployees" or "volunteer
workers" are insureds for:
(1J "Bodily injury" or "personal
injury'.
[a1 To you, to your partners or
members (if you are a
partnership or joint ve�turey,
to your rnembers tif you
are a limited liability
compar�yl, to a co-
"empioyee" while in the
UMBRELLA
course of his or her
employment or performing
duties related to the
conduct of your business,
or to your oth�r "volunteer
workers" while performing
duties relat�d to the
conduct of your business;
(6j To the spousa, child,
parent, brother or sister of
that co-"sm�loyee" or
"volunteer worker" as a
consequence of Paragraph
[1)(s1 abo�e;
�C� For which there is any
ot�ligation to share damages
with or repay someone else
who must pay damages
because of the in'ury
described in Paragraph �11(a1
or (#�) abo�e; or
{d) Arising out of his or her
providing or failing co
provide prafessional health
care services.
Unless you are in the business
or occupation of providing
professional health care
services, Paragraphs {11[�1, {61,
Ic] and {dj above do not
apply to "bodily injury" arising
out of providing or failing
to provide first aid or "Good
Samaritan services" by any
of your "employees" or
"volunteer workers" othar than
an emplayed or �olunteer
doctor. Any such "empioyees"
or "volunteer workers"
providing or failing to provide
firsk aid or "Good 5amaritan
services" during their work
hours for you will t�e deemed
to be acting within the scope
of their employment by you or
performing duties related to
the canduct of your business.
(2� "Property damage" to praperty:
(a1 Owned, occupied or used
by; or
(b] Rented to, in the care,
custody or control of, or
aver wt�ich physical concrol
is being exercised for any
�urpose by;
you, any of your "employees"
or "volunteer workers", any of
your partners or members {if
you are a partnership or joint
�ettturey, or any of your
members (if you ar� a limited
liability company}.
EU 0� �i 07 16 � 2D1S The Travelers Indemnily Company. AI! rights reserved. P8�8 5 of 23
UMBR�I.LA
h. Any persan �other than your
"employee" or "valunteer
worker"y, or any organization,
while acting a5 your real estate
manager.
C. Any person ar arganization having
proper temporary custody of your
property if you c�ie, but only:
(1} With respect to liability arising
out af t�e ma9ntenance or use
of that properiy; and
I21 Until your legal representati�e
has been appointed.
d, Your legal representative if yau
die, but only with respect to
duties as such. That representati�e
wi11 ha�e all your rights and
duties under this insurance.
No person or organization is an insured
or will qualify as a Named insured with
respect to the conduct of any current or
past partnership, joink venture or limited
kiability company that is not shown as a
Named Insured in the Deelarations. This
paragraph does not apply to any such
partnership, joint venture or limited
liability company that otherwise qualifies
as an insur�d under Paragraph B. of
SECTI�N II — WHD IS AN INSIIRE�.
C. CDVERAGE C — CRISIS MANAGEMENT
SERVIC� �XPENSES
With respect to Coverage C, the
following persons and organizations are
insureds and wi�l qualify as Narr►ed
lnsureds:
i. The Named Insured shnwn in the
Declarations.
4. Any arganization, other than a
partnership, joint venture or �imited
iiability company, of which yau are
the sole owner, or in which you
m aintain an ownership interest of
more than 509�a, on the f irst ciay of
the palicy period is an ir�sured and
will qualify as a Nam�d Ir�sured. No
such organization is an insured or
will qualify as a Named Insured for
"bodily injury" or "property damage"
that occurred, or "personal injury" or
"advertising injury" caused by an
offense committed after the date, if
any, during the policy period, that
you na longer rnaintain an ownership
interest of more than 50% in such
arganization.
5. Any organization you newly acqulre
or farm, other than a partnership,
joint venture or iimited liability
company, and of whict� ynu are the
sole owner, or in which you maintain
an ownership interest of more than
50°�, is an insured and will qualify as
a Narned Insured if there is no other
similar insurance available to that
organization. However:
8. Co�erage under this provision is
affarded only until tl�e i80th day
after you acquire or form t�e
nrganization or the end of the
policy p�riod, whichever is earlier;
and
b. Coverage far such organization
does not apply to:
(1) "Bod91y injury" ar "property
damage" that occurred; or
(2) "Persanal injury" or
"advertising injury" arising out
of an offense committed;
be#ore you acquired or formed the
organizatior�,
2. Any arganization, other t�an a
partnersi�ip, joint ven#ure or limited
liabifity company, qf which you are
the sole owner, or in uvhich you
maintain an ownership interest of
more than 50%, on the first day of
the policy period. No such
organization is an insured ar will
qualify as a Named Insured for
"crisis management service ex�enses"
arising out of a"crisis rnanagement
event" that first comrnences after the
data, if any, during the palicy period,
that you no longer maintaln an
ownership interest of mare than 50°k
in such organization.
3. Any organization you newly acquire
or form, other than a partnership,
joint venture o� limited liability
company, and of which you are the
svke owner, or in which you maintain
an ownership interest o# mars than
50%, if there is no other similar
insurance available to that
organization. However:
a. Coverage under this provision is
afforded only until the 180t� day
after yqu acquire ar form the
organization or the end of the
policy period, whichever is earlier;
ancf
b. Coverage for such arganization
c#oes not apply to "crisis
management service expenses"
arlsing out of a"crisis manage-
ment e�ent" that occurred before
you acquired or farmed the
organizatian, even if an "executive
nfficer" only first becomes aware
of an "event" or "occurrence" that
leads to such "crisis management
event" after the date you acquired
or formed the organization.
Page 6 of 23 � 2016 The Travelers Indemnity Company. All rights reserved. EU DO 01 07 16
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UMBRELLA
No person or organization is an insured
or will qualify as a Named Insured with
respeck to the conduct of any current or
past partnership, joint venture or iimited
liability corr7pany that is nnt shown as a
Nameci Insured in the Qeclarations.
SECTi�N III — LIMITS 0� INSi1RANCE
A. The Limits of Insurance shown in the
Declaratians and the rules below fix the
rriost we will pay for the amounts
cfescribed below ta which this insurance
applies regardless of the number of:
1. I nsureds;
2, Cla�rns made or "suits" brought;
3. Number of �ehicles invalved;
4. Persons or organizations making
claims or bringing "suits"; or
5, Coverages provided under this
lflSllf8rlGB.
As indicated in Paragraph D.1. af SEGTIDN
1— CQVE�iAGES, for any "suit" for which
we have the rlght and duty to defend the
insured under Cnverage A, defense
expenses will be within the lirniks of
insurance of this policy when such
expenses are within the limits of
insurance of the applicable "underfying
insurance".
B. 7he General Aggregate �imit is the rr�ost
we will pay for the sum of all:
1. Damages; and
2, befense expenses if such expenses
are within the limits of insurance of
this policy;
except:
1, Damages and defense expenses
because of "bodily injury" or
"property damage" included in the
"auto hazard";
2.
�
Damages and defense expenses
because of "bodily injury" ar
"praperty damage" included in the
"products�campleted operations
hazard"; or
Damages and defense expenses for
whic� insurance is provided under any
Aircraft Liability coverage included as
"underlying insurance" to which na
aggregate fimit applies.
G, 7he Products-Completed Operations
Aggregate Limit is the rriost we wi�l pay
for the sum of all:
1. Damages; and
2. Defense expenses if such expenses
are within the limits of insurance of
this policy;
o.
because of "bodily injury" or "property
damage" included in the "products-
completed operations hazard".
Subject to Paragraph B. nr C. above,
whichever ap�lies, the Occurrence Limit
is the most we will pay for the sum of
all:
1. Damages, and dafense expenses if
such expenses are within the limits
of insuranee of this policy, under
Coverage A arising aut of any one
"event" to w�ich the "underlying
insurance" applies a limit of
insurance that is separate #rom any
aggregate limit of insurance; and
2. �amages under Caverag� B because
of all "bodily injury", "property
damage", "personal injury" or
"advertising injury" arising out of any
nne "occurrence".
E.
F.
SEC
For the purposes of determining the
applicable Occurrenca Limit, all relaked
acts or omissions committed in the
providing or failing to provide first aid
or "Good 5amaritan services" to any
one person will be considered one
"oceurrence",
The Crisis Managerr�ent Service Expenses
Limit is the most we will pay for the
sum af all "crisis management ser�ice
expenses" arising out of all "crisis
management events". Payment of such
"crisis management service expens�s" is
in additian to, and will nat rec#uce, any
other limit of insurance of this policy,
The limits of insurance of this palicy
apply separately to each consecutive
annual period and to any remaining
period of less than 12 months, starting
with the beginning of the policy period
shown in the Declarations. If the policy
period is extended after issuance for an
additional period of less than 12 months,
the additiohal period will be deemed �art
of the last praceding period for purposes
nf determining the limits of insurance.
710N IV — EXCLl1SI0NS
This insurance does not apply to:
A. Witn respect to Coverage A and
Coverage B:
1. Asbestos
a. Damages arising out of the actual
or alleged presence or actual,
alleged or threatened dispersal of
asbestos, asbestos #ibers or
products containing asbestos,
provided that the damages are
caused or contributed ko by tha
hazardous properties of asbestos.
b. Damages arising out of the actual
ar ailsged presence or actual,
alleged or threatened dispersal of
EU 00 Oi d7 1F � 2016 7he Tra�elers Indemnity Company. Al! rights reserved. Pa�B 7 of 23
UMB�tELLA
any solid, liquid, gaseous or
khermal irritant or contaminant,
including smoke, vapors, soot,
fumes, acids, alkalis, chemieals
and waste, and that are part of
any claim or "suit" which afso
alleges any ciamages described in
Paragraph a, abo�e.
c. Any loss, cost or expense arising
out ofi any:
{i) Request, demand, order or
statutory or regulatory
requirement that any insured or
others test for, monitor, elear�
up, remo�e, contain, treat,
detoxify or neutrafize, or in
any way respond to, or assess
the effects o#, asbestos,
asbestos fibers or products
containing asbestos; or
(2j Claim or "suit" by or on
behalf af any governmental
authorlty or any nther person
or organization because of
testing for, monitoring, clean-
ing up, removir�g, containing,
treating, dekaxi#ying or neutral-
izing, or in any way
rasponding to, or assessing the
e�fects of, asbestos, asbestas
fibers or products containing
asbestos.
Z. Emplpyment—Aelated Practices
Damages because of injury to:
a, A person arising out of any:
(7) Refusal to emplay that person;
(Z) 7ermination of that person's
employment; or
(3) Employment-related practice.
policy, act or omission, such
as coercian, demotian, evaluat-
ion, reassignment, discipline,
fai lure to promote or advance,
harassmertt, humiliakion, dis-
criminatior�, libel, slander,
violation of t�e person`s right
af privacy, malicious
prosecution or false arrest,
detention or imprison-ment,
applied to or directad at that
person, regardless of whether
such practice, policy, act or
amission occurs, is applied or
is committed before, during ar
after the time of that person's
employment; or
6. The spovse, chi Id, pa�enk, brother
or sister of that person as a
cansequence of injury to that
person as described in Paragraphs
a.(11, (71 or (31 above.
a. Whether the insured may be liable
as an employer or in any ather
capacity; and
b. Ta any obligation #o share
damages wit#� or rePay sorneone
else who must pay damages
because af the ir�jury.
3. ERISA, COB�A And Similar I.aws
Any obligation of the insured under:
a. 7he Employees Retirement Income
Security Act Of 1974 {ERISA) or
any of its amendments;
b. The Consolidated Omnibus Budget
Reconciliation Act of 19$5
{COBRAf or any of its
amendments; or
c. Any similar common or statutory
1aw of any jurisdiction.
4. Medical Expenses �r Payments
Any obligation of the insured under
any "medical expenses" or medical
payments coverage,
5. Nuclear Meterisl
Damages arising out of:
a. The actual, alieged or threatened
expasure of any person or
properEy to; or
b. The "hazardous propertles" af;
any "nuclear material".
As used in this exclusian:
8.
b.
"Hazardous prop�rties" includes
radioactive, toxic or explosive
properkies;
"fVuclear makerial" means "source
material", "special nuclear
material" or "by-product material";
and
C. "Source materiai", "special nuclear
rnaterial" and "by-procfuct mater-
ial" have the meanings given them
in the Atomic Energy Act of 1954
ar any of its amendments.
6. Uninsured or llnderinsured Mota�isks, No—
Fault And Similar Laws
Any liability imposed on the insured,
or the insured's insurer, under any of
the following laws:
a. Uninsured motorists;
b. Underinsured motorists;
C. Auto no-fault nr other first-party
personal injury protection (PIP};
d. 5upplementary
uninsuredlunderinsured motorists
(New York]; or
This exclusion applies: e. Medical expense benefits and
income loss henefiks (Virginia}.
Paga $ Of 23 � 2016 7he Travelers Indamnity Company. All rights reserved, EU 40 a1 07 16
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7. War
Damages arising out of:
a. War, including undeclared or civil
war; or
b. Warlike action by a military force,
including action in hindering or
g defer�ding against an actual or
expected attack, by any govern--
� ment, sovereign or other authnrity
� using military personnel ar other
agents; or
.� c. Insurrection, rebellion, re�olution,
�, usurped power or action taken by
a go�ernmental authority in
hindering or defehding against any
� of these,
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S. Workers Compensatian And Similar Laws
Any obligation of the insured under a
workers compensation, disability
benefits or unemployment
compensation law or any similar law.
B. With respect to Coverage B:
�. Expected Qr Inlended Bodily Injury �r
Property Da�nage
"Bodily inj�ry" or "property damage"
exgected or intended from khe
stand�oint of the insured. This
exclusion does not apply to "badily
injury" or "property damage"
resulting from the use of reasonable
force to protect persons or property.
2. Conlractual Liahility
"Bodily injury", "property damage",
"personal injury" or "advertising
injury" for which the insured is
obligated to pay damages Fiy reason
of the assumption of liability in a
contrack or agreement. This exclusion
does nat apply to liability for
damages that the insured would have
in the absence of ti�e contract or
agreement.
3. tiquor Liability
"Bodily injury" or "proper#y damage"
for which any insur�d may be liable
by reason of:
S. Causing or contributing to the
intoxication of ar�y person,
including causing or contributing
to the intoxication of any person
beeause alcoholic beverages were
permitted to be k�rought on your
premises for consumption on your
preFnises;
b. The furni5hing of alcoholic
beverages to a person under the
legal drinking age or under t�e
influence of alcohol; or
c. Any statute, ordinance or
regulation relating to the sale,
UMBRELLA
gift, distribution or use of
alcoholic beverages.
�4. Employers Liability
"Bodily injury" ta:
a. An "employee" of the insured
arising out of and in the coursa
o f:
(1} Employrnenc by tY�e insured; or
[21 Performing duties related to
the canduct of the insured's
business; or
h. The spouse, child, parent, brother
or sister of that "employee" as a
cor�sequence of "bodily injury"
described in Paragraph a, above.
This exclusion applies:
a. Whather the insured
as an emplayer or
capacity; and
may be liable
in any other
q, To any obligatipn to share
damages with or repay sameone
else who must pay damages
because of the "bodily ir�jury".
5. Pollution
a "Bodily injury", "praperty
da[r�age", "personal injury" or
"advertising injury" arising out of
the actual, alleged or threatened
discharge, dispersal, seepage,
migratian, release or escape o#
"pollutants".
h. Any loss, cos� ar expense arising
out of any:
(1) Request, demand, order or
statutory or regulatory require-
ment that any insured or any
ot�er person or organization
test for, monitar, clean up,
remove, contain, treat, detoxify
or neutralize, or in any way
respond to, or assess the
effects of, "�oiftatants"; or
(Z) Claim or "suiE" by or ort
behalf of any go�ernmental
authorlty or any other person
or organization because of
testing far, monitoring,
cleaning up, removing, contain-
ing, treating, detoxifying or
neutralizing, or in any way
responding to, or assessing the
effects of, "pollutants".
6. Aircraft
"Bodily injury" or "pro�erty damage"
arising aut of the ow�ership,
maintenance, use or entrustrnent to
others of any aircraft owned or
oparated by or rented or loaned to
any insured. Use includes operation
and "Ioading or unloading".
EU 0� D1 07 1B @ 2016 The 7ravelers Indemnity Company. All rights reserved. PSge 9 Of 23
UMBFi�L.LA
This exclusion applies even if t�e
claims against any insured alEege
negligence or other wrongdoing in the
super�ision, hiring, employment,
training ar monitoring vf athers by
that insured, if the "occurrenca"
which caused the "bodily injury" or
"property damage" involved the
ownership, rnaintanance, use or
entrustment to others nf any aircraft
that is owned or operated by or
rented or loaned to any insured.
7. Auta
"Bodily injury" or "property damage"
arising out of the ownership,
maintena�ce, use or entrustment to
others of any "auto". Use includes
operation and "loading or unloading".
This exclusion applies even if the
ciaims againsi any insured allege
negli�ence or other wrongdoing in the
su{�er�ision, hiring, emplayment,
training or monitoring of others by
that insured, if the "occurrence"
which caused the "bodily ir�j�ry" or
"prop�rty damage" involved the
ownership, meintenance, use or
entrustment to others af any "auto".
This exclusion does not apply to
"bodify injury" or "property damage"
caused by an "occurrence" that takes
place outside of the United States of
America fincluding its territories and
possessions}, Puerto Rico and Canada.
8. Watercraft
"Bodily injury" or "property darnage"
arising out of the awnership,
maintenance, use or et�trustment to
others of any watercraft owned or
operated by or rented or loaned io
any insured. Use includes operation
and "loading or unlaading".
This exclusion applies e�en if the
claims against any insured allege
negligence or other wrnngdoing in the
supervision, hiring, employment,
training or manitoring of athers by
that insured, if the "occurrence"
which caused the "bodily injury" or
"{�roperty damage" in�ol�ed the
ownership, maintenance, use or
er�trustment to others of any
waEercraft that is owned or o�erated
by or rented or laaned to any
insured.
7his excluslan does not apply to a
watercraft:
a. While ashore on premises owned
by or rented to any insured; or
b. That is 54-feet long or less and
that:
i1 j You own; or
(Z] You do not own and is not
being used to carry any person
or property for a charge.
9. �lectranic Rata
Damages claimed for the loss of,
loss of use of, damage to, corruption
of, inabili#y to access, or inability to
manipulate "electronic data".
10. Damage To Proper[y, Products Or Work
"Property damage" to:
a. Property you own, rent or nccupy,
including any costs or expenses
incurreci by you, or any other
person or organization, for repair,
replacement, enhancement,
restoration or maintenance of such
property for any reason, inc�uding
pre�ention of injury to a person
or damage to another's property;
b. Premises you sell, gi�e away or
abandon if the "property damage"
arises out of any part af thosa
premises;
G. Property loaned to you;
d. Personal property in the care,
custody or control of the insured;
B. That particular part of real
{�roperty on which you or any
contractars or subcontra�tors
work9ng directfy or indirectly ort
your behaff are perfarming
operations if the "property
damage" arises out of those
operations;
f. That particular part of any
property that must be rastored,
repaired nr replaced because "your
worlc" was incorrectly performed
on it;
g. "Your product" arising out of
"your praduct" or any part of it;
or
h. "Your work" arising out of "your
work" or any part of it and
included in the "products-
completed operations hazard".
11. �amage To lmpaired Property �r Property
Not Physically injured
"Property damage" to "impaired
property", or property that has nat
besn physically injured, arising out
of:
a. A defect, deficisncy, inadequacy
or dangerous condition in "your
product" or "your work"; or
h. A delay or failure by you, ar
anyone acting on your behaff, to
fulfill the terms of a contract ar
agreement.
Page �� Of 2� c9 2016 TMe Travelers Indemnity Company. Ali nghts reser�ed. �U 00 01 07 18
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UMBRELLA
This exclusion does not apply to the
loss of use of other property arising
out of sudden and accidental physical
injury to "your product" or "your
work" after it has been put to its
intend�ci use.
12. Recall Of Products, Work �r Impaired
Properiy
Damages claimed for any loss, cost
or expense incurred by you or others
for the loss af use, withdrawal,
recall, inspection, repair, replacemer�k,
adjustment, removal or disposal of:
a "Your product";
fl. "Your work"; or
C. "Impaireci praperty";
if such product, work or property is
withdrawn or recalled from the
market or from use by any person ar
organization because of a known or
suspected defect, deficiency,
inadequacy or dangerous condition in
it.
13. Vtolation Of Consumer Finaacial Pratec�ion
LeWS
"Bodily injury", "property damage",
"persanal injury" or "advertising
in�ury" arising out o# any actual or
alleged violation of a "consumer
financial protection law", or ar�y
other "bodily injury", "{�roperty
damage", "personal injury" or
"advertising injury" alleged in any
claim or "suit" that also afleges any
such violation.
1+4.11nsolicited Communisation
"Bodily injury", "property damage",
"personal injury" or "advertising
injury" arising out nf any actual or
alleged violation of any law that
restricts or prohibits the sending,
transmitking or distributing of
"unsolicited corr�munication".
� 5. Acsess Or Disclosure Of ConfidentEal Or
Personel Information
"Bodily injury". "proparty damage",
"persor�a) injury" ar "advertising
injury" arising out of any access to
or disclosure of any person's or
organization's confidential or personal
infarmation.
16.1{nowing Violation Qf Rights Of Another
"Aersonal injury" ar "adverkising
injury" caused by nr at the direction
of the insured with tne knowledge
that the act would violate the rights
of another and would inflict "personal
injury" or "advertising injury".
17. Material Pu6lished With Hnowi�dge Of
Falsily
"Personal injury" or "advertising
injury" arising aut of oral or written
publication, including publication by
electronic means, of material, if done
by or at the direction of the insured
with knowlsdge of its falsity.
18. Material Published Or Used Prior To
Rnlicy Period
a "Persona! injury" or "advertising
injury" arising out af oral or
written pubfication, including
publication by electronic rneans,
of mat�rial whose first publication
tnnk place before the beginning of
the policy �eriod; or
b. "Advertising injury" arising aut of
infringement of copyright, "title"
or "slogan" in your "advertise-
rrient" whose first infringemenk in
yoUr "advertlsement" waS
cammitted before the beginning of
tf�e policy period.
19. Criminal Acts
"Personal injury" or "advertising
injury" arising out of a criminal act
cornmitted by or at the direction of
the insured.
20.6rea�h pf Contract
"Personal injury" or "advertising
injury" arising out of a breach of
contract.
21. Quality Qr Performance Of Goads �
Failure To Conform To Statements
"Advertising injury" arising out of the
failure of goods, products or services
to conform with any statemertt of
quality or performance made in your
"advertisement".
22. Wrong Clescription Of Prices
"Ativertising injury" arising aui of khe
wrong cfescriptian af the price of
goads, products or services stated in
your "adverkisement".
23.Intellectual Property
"Persanal injury" or "advertising
injury" arisi�g out of any actual or
alleged infringement or vivlation of
any af the following rights or laws,
or any other "personal injury" or
"advertisir�g injury" alleged in any
claim or "suit" that alsa alleges any
such infringernent or violation:
�. Copyright;
6. Patent;
C, Trade dress;
d. 7rade name;
�U 00 01 07 i6 � 2016 The Travelers Indemnity Company. All rights �ese���d. Paga 1 1 Of 23
UMBRELLA
e. Trademark;
f, 7rade secret; or
g. Other intellectual praperty rights
or laws.
This exclus9on does not apply to:
a, "Advertising injury" arising out of
any actual or alleged infringement
or violation of another's copyright,
"title" or "slogan" in your
"advertisement"; or
q. Any other "personal injury" or
"advertising injury" alleged in any
caaim or "suit" that also alleges
any such infringement or violation
of another's cnpyright, "title" or
"slagan" in your "advertisement".
24.Insureds In Med�a And Intcrnet Type
6u51neSS
"Personal injury" or "advertising
injury" arising aut of an offense
committed by an insured whose
business is:
e. Advertising, "broadcasting" or
publishing;
b. Designing or determining aontent
of web-sites for others; or
C. An lnternet search, access,
content or service provider,
This exclusion does not apply to
Paragraphs a('i1, 12} and (9} of the
definition of "persnnal injury".
For the purposes of this exclusion:
a Creating and producing
correspond�nce written in the
conduct o# your business,
bulletins, financial or annual
reports. or newsletters about your
goods, products or services will
not be cansidered the business of
publis#�ing; and
h. The placing of #rames, borders or
links, ar advertising, for ynu or
others anywhere on tMe internet
will not, t�y itself, be cansidered
the business of advertising,
"broadcasting" or publishing.
25. Electronic Chatrooms Or Bulletin Boards
"Personal injury" or "advertising
injury" arising out of an electronic
chatroom or bulletin board ths
insured hosts, awns or o�er which
the insured exercises control.
26.11nautharized Use Of Anather's Name Or
Praduct
to mislead another's potential
cuskomers.
C. With respect ta Caverage C:
Newly Acquired, Controlled Or �armed
Entities
"Crisis management service expenses"
arising out of a "crisis mar�agement
e�ent" that in�olves any organizatlon
you newly acquire or form and that
occurred prior io the date you acquired
or forrned that organization, even if an
"executive officer" anly first becomes
aware af an "event" or "occurrence" that
leads ;o such "crisis management event"
after the date you acquired or formed
such organization.
SECTION V — CON�ITi0N5
A. A�PEALS
1. If the insured or the insured's
"underlying insurer" elects nat to
appeal a judgment which exceeds the
"applicable underlying limit" or "self-
insured retention", we may do so.
Z. If we appeal such a judgment, we
will pay all costs of the appeal.
These payrnents will not reduce the
applicable limits of insurance. In no
event will our liability exceed the
applicable limit of insurance.
B. BANICHUPTCY
1. Bankruptcy or insolvency of the
insured or of the insured's estate will
not rel9eve us of our obligations
under this insurance.
2. In the event of bankruptcy or
insalvency of any "underlying
insurer", this insurance will not
replace such bankrupt or insolver�t
"underlying insurer's" policy, and this
insurance will apply as if such
"underlying insurer" had not become
bankrupt or insolvent.
C. CANCELLATION
1. The first Named Insured shown in tY�e
Declarations may cancel this
insurance by mailing or delivering to
us advance written notice of
cancellation,
2. We may cancel this insurance by
mailing or delivering to such first
Nattted Insured written natice of
cancellation at least:
a. 10 days before the effective date
of cancellation if we cancel for
nonpayment of premium; or
"Personal injury" or "advertising 6, 60 days before the effective date
injury" arising out of the unauthorized nf cancallation if we cancel for
use of another's name or product in any other reason,
your e-maii address, domain name or
metatag, or any other si�'nilar tactics
Page 12 of 23 � 2016 Tha 7ravelers Indemnity Company. Ali rights reser�ed. EU 00 fll d7 18
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UMBREL.L.A
3. We wiEl mail or deliver our notice to
such first Named Insured's last
mailing address knawn ta us.
4, Notice of canceliation will state the
effective dats of cancellation. The
policy perioci will end on that date.
5. If this insurance is cancelled, we will
send such first fVamed Insured any
premium refund d�e. If we cancel, the
refund will be pro rata. If such first
fVamed Insured cancels, the refund
rnay be fess than pro rata. 7'he
cancellation wil� �e effeCtive even if
we have not made or offered a
refund.
6. If notice is mailed, propf of �nailing
will be sufficient proof of notice.
U. CHANGES
E.
F
This policy contains all the agreements
between you and us concerning the
insurance afforcled. No change can be
made in the terms of this insurance
exce�t with our cansent. The terms of
this insurance can be amended ar waived
only by endorsement issued by us and
made a part of this poiicy.
CURRENCY
Payments for damages or expenses
described in Paragraph 5. of Paragraph �.,
�6FENS� AND Sl1PPLEMENTARY PAYMENTS,
of SECTION I- COVEHAGES will be in the
currency of the United States of
America. At our sole option, we may
make these payments in a different
currency. Any necessary currency
conversiar� for such �ayments will be
calcuiated based on the rate of exchange
published in the Wall 5treet Journai
immediately preceeding the date th�
paymant is pracessed.
DUTIES REGAHI�ING AN EVENT, OC�URRENCE,
c�ainn a� suiT
1, You must see to It khat we are
natified as soon as practicable of an
"event" or "occurrenc�" which may
result in a claim unc�er this insurance.
To the extent possible, notice should
inciucie:
8, How, whe� and where the "event"
or "occurrence" took place;
b. The names ant! addresses of any
persons or organizations
sustaining inj�rry, damage or loss,
and ths names and addresses of
any witnesses; and
c. The nature and location of any
injury or damage arising out of
the "event" or "occurrence".
2, If a claim is made or "suit" is
brought against any insured which
may result in a claim under this
insurance, you must see to it that we
receive written notice of the claim or
"suit" as soon as practicable.
3. WiEh respect to Co�erage A, the
insured must:
a Cooperate with us in the
investigatian, settlement or
defense of any claim or "suit";
b. Comply with the terms of the
"underlying insurance"; and
4.
�
c. Pursue all rights of contribution or
indemnity against any person or
organization who may k�e liable to
the insured because of the injury,
damage or loss for which
insurance is provided under this
policy or any policy of
"underlying insurance".
With respect ta Coverage B, the
insured must:
a Immediately send us copies of
any demands, notices, s�mmonses
or legal papers received in
connection with the claim or
"suit",
b. Authorize us to obtain necessary
recorcis and other information;
C. Gooperate with us in the
investigation, settlement or
defense of any claim or "suit";
and
d. Assist us, upon our request, in the
enforcernent of any right against
any parson or organizakion which
may be liable to the insured
because of injury or damage to
which Coverage B may apply.
No insured wEll, except at that
insured's own expense, voluntarily
make a payment, assume any
obligation, make any admission or
incur any axpense, other than for first
aid for "bociily injury" covered by
this insurance, without our consent.
6. Knowledge af an "e��nt",
"accurrence", claim or "suit" by your
agent, servant or "employse" will not
conskitute knowledge by you, unless
your insurance or risk manager, or
anyone working in the ca}�acity as
your insurance or risk manager, or
anyone you designate with ihe
responsibility of reparting an "event",
"oecurrence", clairn or "suit":
a. Na5 received notice of such
"event", "occurrenee", claim ar
"suit" from such agent, servant or
"empfoyee"; or
h. Ot�erwise has knowiedge of such
"event", "occurrence", claim or
„suit".
EU 00 Ol �7 16 � 2016 The Travelers Indemnity Company. All rights resgr��d. Page � 3 Qf 2�
UMBRELLA
G. �UTIES REGARDING A CRISl5 MAAfAGEMENT
EVENT
You must:
1. Notify us within 30 days af a"crisis
management event" that may result in
"crisis mar�agement sarvice
expsnses".
2. Provide written notice of the "crisis
rnanagement ever�t" as soon as
practicable. To the extent possibls,
notice should include:
a How, when and where that "crisis
management event" took place;
6. The names and addresses of any
persons or organizat�ons
sustaining injury, damage or loss,
and the named and addresses of
any witnesses;
C, The nature and location of any
injury or damage arising out of
that "crisis management event";
and
d. The reason that "crisis
management e�ent" is likely to
involve darnages covered by this
insurance in excess of khe
"applicable underly4ng limit" or
"self-insured retention" and
involve regional or national media
coverage.
H. EXAMINATIOhI OF YOl1R BOOi(S AN� R�COROS
We may examine and audit your books
and records as they relate ta this
insurar�ce: J.
1. At any time during the palicy period;
2. Up to three years after the end af
the policy period; and
3. Within one year after final settiement
of all cfaims under this insurance.
I. EXT�NOED REPORTING PERIOD �PTfON
1. When the "underlying insurance"
applies on a claims-made basis, any
automatic or basic "extended
reporting period" in such "underlying
insurance" will apply to this
insurance.
2. When #he "underlying insurance"
applies on a ciaims-made basis and
you el�ct to purchase an optional or
supplemental "extended reporting
period" in such "underlying
insurance," that "extended reporting
period" will apply to this insurance
OR�Y ff:
�. A written reque5t to purchase ar�
�xtended Reporting Period
endorsement �or this insurance is
rnade by you and received by us
within 90 days after th� end of
the policy period;
q, You have paid afl premiums due
for this policy at the time you
rnake such request;
C. Yau prompkly pay the additional
premium we char�e for the
Extended Reporting Period
endorsement for this insurance
when due. We will determine that
additional premium after we have
received your request for the
Extended Reporking Period
endorsement for this insurance.
That additional premium is not
subject to any limitation stated in
the "underiying insurance" on the
amount or percentage of
additional premium that may be
charged for the "extended
reporting period" in such
"underlying insurance"; and
d. That Extencied Reporting Period
endorsement is issued by us and
made a part of this policy.
3. Any Extendec! Reporting Periocf
endorsement for this insurance will
not reinstate or increase the Limits
of Insurance or extend ti�e policy
period.
4. Except with respec# to any provisions
to the contrary contained in
Paragraphs 'i„ 2. nr 3. above, all
pravisions of any opt�on to purchase
an "extended reporting period"
granted to you in the "unclerlying
insurance" apply to this insurance.
INSP�C'fIONS AND Sl1RVEYS
1. We have t#te right but are nat
obligaked ta:
a Maka inspections and surveys at
any time;
h. Give you reports on the
eonditions we find; and
C. Recammend changes.
2. Any inspections, surveys, reports or
recom►nendatlons relate only to
insurability and the premiums to �e
charged. We do nak mak� safety
inspections. We do not undertake to
perform the duty of any person or
organization to provide for the health
or safety of workers or the public.
We do not warrant that conditions:
�. Are safe or healthful; or
b. Comply with laws, regulations,
cocfes or standards,
K. LEGAL ACTION AGAINST ll5
'{, fVo person nr organizatlon has a right
under this insurance:
a. To join us as a party or otherwise
bring us into a"suit" asking for
damages from an insured; or
Page 14 of 23 0 2o i e rn� Travelers Indemnity Company. Ali nghYs reserved. EU �0 Ol 07 1S
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UMBRELLA
b. 74 sue us ot� this insurance unless
all of its kerms have been fully
complied with.
�. A person nr organizatiot� rriay sue us
to recover on an agreed settlement
or on a final judgment against an
insured. We will not be liabie for
damages that:
�. Are not payable under the terms
of this insurance; or
b. Are in excess of the applicable
limit of insurance.
An agreed settlement means a
settlement and release of liability
signed by us, the insured and the
claimant or the claimant's legal
representative.
L. MAINTEtVANCE OF UND@�iLYING If�SUHANC�
1. The insurance affarded by eac}�
policy of "underiying insurance" wil!
be maintained for the full policy
period of this Excess follow-Forrr�
And Umbrella Liability Insurance, This
pro�ision does not apply to the
reduction or exhaustion of the
aggregate �imik or limits of such
"underlying insurance" salely by
payments as permitted in Paragraphs
4.a.{11, (21 and (3} of CQVERAGE A—
EXCESS FOLLOW—FOAM tIA6lLITY of
SECTION 1— COVERAGES. As such
policies expire, you will ren�w ti�em
at limits and with coverage at least
equal to the expiring limits af
insura�ce. If you fail to comply with
the above requiremenis, Coverage A
s no inva i a e, owever, in e
event of a loss, we wi I I pay only to
the extent that we would have paid
had you compfied with the abova
requirements,
2. The first Named Insured shown in the
Declaratians must gi�e us written
natice of eny change in th�
"underlying insurance" as respects:
a, Co�erage;
b. L.imits of insurance;
C, Termination of any coverage; or
d. Exhaustion of aggregate limits.
3. I f you are unable to recover from
any "underlying insurer" because
you fail to comply with any term
ar condi#ion of the "underlying
insurance", Coverage A is not
invalidated, Howe�er, we will pay for
any loss anly to tl�e extent that we
would have paid had you complied
with that term or condition in that
"underlying insurance".
M, OTHER INSURANCE
This insurance is excess over any valid
and collectible "other insurance" whether
such "other insurance" is stated to �ae
primary, contributing, excess, contingent
or otherwise. This provision does not
apply to a policy bought specifically to
apply as excess of this insurance.
However, if you specifically agre� in a
written contract or agreement that th�
insurance provided to any person or
organization that qualifies as an insured
under this insurance must apply on a
primary hasis, or a primary and non-
contrit�utory basis, then insurance
provided under Coverage A is subject to
the fallawing provisions:
1. This insurance will apply before any
"other insurance" that is avai�able to
such additional insured which covers
that persan or organlzation as a
named i�sured, and we will not share
with that "other insurance", provir�ed
that the injury or damage for which
coverage is sought is caused by an
"event" that takes place or is
committed subsequent to the signing
of that contract or agreement by you.
2. This insurance is still excess over
any valid and coll�:ctib4e "other
insuranca", whekher primary, excess,
contingent or otherwise, wi�ich co�ers
that persan or organization as an
aciditional insured or as any other
insured that does nok qualify as a
named insured.
N. P�EM�l1M
1. The first Named Insured shown in the
Declaratians is responsible for the
payment of all premiums and will be
the payes for any ret�rn premiums.
2. If ti�e premium is a flat charge, it is
not subject to adjustment except as
provided in Paragraph 4. below.
3. If the premium is other than a flat
cl�arge, it is an advance premium
only. The earned premium will be
computed at the end of the poficy
period, or at the end of each year of
the policy period if the policy period
is two years or longer, at the rate
shown in the Declarations, subject to
the Minimum Premium.
4. Additional premium may become
payabie when coverage is pravided
for additional insureds under the
provtsio�s of SECTf�N II - WHD IS AN
INSURE�.
U. P�EM�RJM Al1DIT
The premium for this palicy is the
amount stated in Item 5. of the
Declarations. The premium is a flat
EU 00 01 47 16 � 2016 The Traveiers Indemnity Company. AA rights reser�ed. PB�B 15 of 23
UM6RELLA
charge unless it is specified in the
Declarations as adjustable.
P. PHOHIBIT@U COVERAGE - IIHLICENSED
INSIiRANCE
1. With respect to loss sustained by any
insured in a country or jurisdiction in
which we are not licensed to provide
this insurance, this insurance does
not apply to the ext�nt that insuring
such loss would vinlate khe laws or
regulations of such country or
jurisdiction.
2. We do not assume responsibility for:
a. The payment of any fine, fee,
penalty or other charge t�at may
be imposed on any person or
organizatian in any country or
jurisdictio� }�ecause we are not
licensed to provide insurance in
such country or jurisdiction; or
h. The furnishing of certificates or
other evidence of insurance in any
country or jurisdiction in which we
are not licensed to provide
insurance.
Q. PR03�IBITE� CDVERAGE - TRAD@ OR
EC�NQMIC SANCTIONS
We will provide coveraga for any loss,
or ot�erwise will provide any benefit,
only to th� �xtent that pra�iding such
caverage or benefit does not expose us
or any of our affiliated or parent
companies to:
1. Any trade or economic sanction under
any law ar regulation of the United
States of America; or
2. Any other applicable trade or
economic sanction, pro�ibition or
restriction.
R. REPHES�NTAYIONS
By accepting this insuranca, you agree:
1. The sta#ements in t�e Declarations
and eny subsequent notice refating to
"underlying insurance" are acc�rate
and camplete;
2. Those statements are based upon
representations you made to us; and
3. We have issued this insurance in
reliance upon your repressntations.
S. SEPARATIQN OF INSURE�S
Except with respect to the Limits of
Insurance, and any righks or duties
specifically assigned in this policy to
the first Named Insured shown in the
Declarations, this insurance applies:
1. As If eacf7 Named insured were the
anfy Named Insured; and
2, Separately tn each insured against
whom claim is made or "suit" is
broug�t.
T. WAIVER aR 'CRANSF�R Q� RIGHTS 0�
RECDVERY AGAINSY aTHERS TO 11S
1. If the insured has rights to recaver
al! or part of ar�y payment we have
made under this insurance, those
righks are transferred to us and the
insured must do nothing after loss to
impair them. At our request, th�
insured will bring suit ar transfer
those rights to us and help us, and
with respect to Coverage A, the
"underlying insurer", enforce them.
If ihe insured has agreed in
a contract or agreement to waive
that insured`s right of recovery
against any person or organization,
we waive our right of recovery
against that person or organizatio�,
but onfy for payments we make
because of an "event" that takes
place or is committed suk�sequent to
ths execution of tMat cantract or
agreement by such insured.
Z. Reimbursement of any amount
recovered will be rt�ade in che
fo;lowing order:
a. First, to any person or
organization (including us ar the
insured) who f�as paid any amaunt
in excess of the applicabfe limit
of insurance;
b. Next, to us; and
C. Then, ko any persan or
organizatlon finclUding the insured
and with respec# to Coverage A,
the "underlying insurer"} that is
entitled to claim the remaind�r, if
any.
3. Expenses incurred in the procass of
recovery will be di�ided arnong all
persons or organizations receiving
amounts recovered according to the
ratio of their respective recoveries.
U. TRANS��#� OF YOUR RIGHiS AND DUT{ES
UN�E�i 7HIS INS�IRANGE
1. Your rights and duties under this
insurance may not be transferred
without our Written consant except in
the case of death of an individual
Named Insured.
2. If you die, your rights and dukies will
be transferred to your legal
representative but only while acting
within the scape of duties as yaur
legal representati�e. Until your legal
representative is appointed, anyone
having proper temporary custody of
your property will have your rights
and duties but oniy with respect to
tha# property.
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V. UNINTENYIONAL OMlSSIQN OR EFiROR
7he uRintentional omission of, or
u�intentianal errnr in, any information
provided by you which we relied upon in
issuing this policy will not prejudice
your rights under this insurance.
Howe�er, this pro�ision does nat affect
our right to collect additional premium
or to exercise our rights of cancellation
or nonrenewal in accordance with
applicable insurance laws or regulations.
W. WHEN LOSS IS PAYABLE
,:.; If we are liable under this insurance, we
o will pay for injury, damage or loss after:
i. The insured's liability is established
� by:
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a. A caurt decision; or
6. A written agreement between the
claimant, th� insured, any
"underlying insurer" and us; and
2. i'he amount of the "applicable
underlying limit" or "self-insured
retention" is paid by or on behalf of
the insured.
SECFIOH VI — DE�INITIQNS
A. With respect to all caverages of this
insurance:
1. "Applicable uncferlying limit" means
the sum nf:
a, The appficable limit of insurance
stated for the policies of
"underlying insurance" in the
SchecEule Of Underlying Insurance
subject to the pravisions in
Paragraphs 4.a.(9), (2� and (3} of
C�V@RAGE A - �KC�SS fOLLOW-
FORM LIABILITY of SfCTiQN I-
CaVERAGES; and
6. The applicable limit of insurance
of any "other insurance" that
applies.
The limits of insurance in any policy
o# "underlying insurance" will apply
even if:
�, The "underlying insurer" claims
the insured failed to comply with
any kerm or condition of the
policy; or
b. The "underlying insurer" becomes
bankrupt or insolvent.
2. "Auto hazard" means all "bodily
injury" and "property damage" to
whictr IiabiEity insurance afforded
under an auto policy of "underlying
insurance" would apply but for the
exhaustion of its applicable limits of
insurance.
3. "Electronic data" means information,
facts or programs stored as or on,
created or used on, or transmitted to
or frnm computer software {including
systems and applications softwarey,
hard or floppy disks, CD-ROMs.
tapes, drives, cells, data processing
devEces or any other m�dia which are
used with electronically controlled
equipment.
4, "Event" means an "occurrence",
offense, acci[fent, act, error,
amission, wrongful act or loss.
5, "�xtended reporting period" means
any period of time, starting with the
end of the policy period of your
claims-rr�ade insuranc�, during which
claims or "suits" may he first made,
brought or reporied for that
insurance.
6. "Medical �xpenses" means expenses
to whic� any Medical Payments
section of any policy of Comm�rcial
General Liability "underiying
insurance" applies.
7. "Other insurance" means insurance, or
t�e funding of losses, that is
provided by, through or on behalf of:
a Another insurance company;
b. Us or any of our affiliated
insurance companies;
C. Any risk retenkion group;
d. Any self-insurance m�thod or
prngram, in which case the insured
will be deerried to be the pro�ider
of such insurance; or
�, Any similar risk transfer or risk
management method.
"Other insurance" does not include:
a Any "underlying insurance"; or
h. Any poiicy of insurance
specifically purchased to be
excess of the limits of insurance
of this policy shown in t�e
Declarations.
$, "f'roducts-completed operations
hazard":
a, lncludes all "bodily injury" and
"praperty damage" occurring away
from premises you own or rent
and arising out of "your product"
or "your work" except:
�'i1 Products that are stiil in your
pt�ysical possession; ar
(2) Work that has not yst been
completed or aband4ned.
Fiowever, "your work" will be
deemeci completed at the
earliest of the following times:
EU 00 01 07 1$ i�J 2Q i 6 Tt�e Travelers fndemnity Company. All rights reserved. PagA 1 7 of 23
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(a} When all the wark caller!
for in your contract has
been completed;
(b1 When all the work to be
done at the job site has
been completed if your
contract calls for work at
more than one job s9te; or
(C) When that part of the work
done at a job site has been
put to its intended use by
any person ar organization
other than another con-
tractor or subcontractor
working on the same
project.
Work that may nsed service,
rnaintenance, correction, repair
or replacement, but which is
otherwise complete, wi II be
treated as cornpleted.
h. Does not include "bodily injury"
or "property damage" arising out
of:
(1) The transportation of property,
unless the injury or damage
arises out of a condition in or
on a vehicle not ownad or
operated by you, and that
condition was created by the
"loading or unloading" o# that
vehicle by any insured;
t2� The existence of tools,
uninstalled equipment or
abandoned or unused materials;
or
{3) Products or operations for
which the classification lis#ed
in a policy of Commercial
General Liability "undarlying
insurance" states that products-
completed operations are
subject to the General
Aggregate Limit.
9. "Suit" means a civil proceeding which
alleges damages, "Suit" includes:
a. An arbitration proceeding in which
damages are claimed and to which
the insured must submit ar does
submit with our consent; or
1�, Any other alternative dispute
resolution proceeding to which the
insured submits with our consent,
B.
LiabilEty Insurance.
C. Does not include any part of the
policy period of any of the
policies described in Paragraphs a.
or b, abo�e that beyan before, or
that cor�tinues after, the policy
period of this Ex�ess Follow-Form
And Utnbrefla Liability Insurance.
11. "Underlying insurer" means any
insurer which provides a policy of
insurance listed in the Schedule Of
LJnderiying Insurance.
With respect to Coverage B and, to the
extent that the following t�rms are not
defined in the "underlying insurance", to
Co�erage A:
1. "Advertisement" means a notice that
is broadcast or published kv khe
general public or specific market
segments about your goods, products
or services �or the purpose of
attracting customers or supporters.
Far the purposes of this definitior�:
a. Notices that are published includa
material placed on the Internet or
on similar electronic means of
communication; and
6. Regarding web sites, only that
part of a web site that is ahout
your goods, products or services
for the purposes of attracting
custamers or supporters is
considered an ad�ertisement.
Z. "Advertising injury":
a, Means injury, ott�er than "personal
injury", caused by ane nr mare of
the following offenses:
(11 Oral or written publication,
inciuding pub�ication by
electranic means, of materlal
in your "advertisernent" that
slanders or libels a person or
organization or disparages a
person's or organization's
goods, products or ser�ices,
provided that the claim is
made or the "suit" is brought
by a person or organizatian
that claims to have been
slandered or libeled, or that
claims to have had its goods,
products or services
disparaged;
10, "Underlying insurance"• (21 Oral or written publication,
� including publication by
a. Means the policy or policies of electronic means, of material
insura�ce listed in the Schedule in your "advertisement" that:
Of Underlying Insurance,
(2r1 Appropriates a person's
q. Includes any renewal or replace- name, voice, phntngraph or
rnent of such pofici�s If such likeness; or
renew�l or replacerr�ent is during
the palicy periocf of this Excess id1 Unreasonably places a
Follow-Form And Umbrella person in a false light; or
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(3) Infringement of copyright,
"title" or "slogan" in your
"advertisement", provided that
the claim is made or the "suit"
is brought by a person or
organization that claims owner-
ship of such copyright, "title"
or "slogan".
b. Includes "bodily injury" caused by
one or more of the offenses
described in Paragraph �. above.
3. "Auto" means:
of any credit, debit, taanlc or other
financial account;
6. Infarmation bearing on a person's
credit worthiness, credit standing
or credit capacity;
C. 5ocial seeurity number;
d. Drlver's license number; or
e. B9rth date.
7. "Consumer financial prateckion law"
means:
2�, 7he �air Credit Reporting Act
SFCRA) and any of its
amendments, including �he Fair
and Accurate Credit Trar�sactions
Ack {FACTAS;
N a. A land motor vehicle, trailer or
o semitrailer designed for travel on
public roads, including any
� attached machEnery or equipment;
{ or
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6. Any other land vehicle that is
subject to a compulsory ar
finar�cial responsibility law or
other motor vehicle insurance law
where it is licensed or principally
garaged,
However, "auto" does not include
"mobile equi�ment".
4. "Bodify injury" means:
a. Physical harm, including sickness
or disease, susteined by a person;
or
b. Mental anguish, injury or illness,
or emotional distress, resulting at
any time frorr� sucit physical harm,
sickness or disease.
5, 'Broadcasting" means transmitting
any audio or �isual material for any
purpose:
a. By radio or television; or
b. In, by or with any other electronic
means of communication, such as
the Internet, if that material is
part o#:
(7) Radio or television
programming being transmitted;
[2} Other entertainmsni, educat-
ional, instructional, music or
news programming being trans-
mitted; or
(3) Ad�erkising transmitted with
any such programming.
B. "Consurner financial identity
information" means any of khe
following information for a person
that is used or co�lected for the
purpose af serving as a factor in
establishing such person's eligibility
for personal credit, insurance or
employment or for the pu�pose of
conducting a husiness tra�sactian:
a. Part or afl af the account number,
tl�e expiration clate nr the balance
b. California's Song-Beverly Credit
Card Act and any of its
amendments; or
t. Any other law or regulatian that
restricts or prohibits the
coflection, dissernination, trans-
mission, distributian or use of
"consumer financial identiky
information".
8. "Employee" includes a "leased
worker". "Err�ployee" does not include
a "temporary worker".
9. "Good Samarikan services" means
any emergency medical services for
which no compensation is demanded
or received,
10. "Impaired property" means tangible
property, ather than "your product"
or "your work", that cannot be used
or is less useful because:
�. It incorparates "your product" or
"your work" that is known or
thought to be defective, deficient,
inadequate vr dangerous; or
h. Yau have failed to fulfili the
terms of a contract or agreement;
if such property can bs restored to
use by the repair, replacement,
adjustment or removal of "your
product" ar "your wnrk" or your
f�lfilling the terms of tne contract or
agreement.
11. "Leased worker" means a person
leased to you by a la�or Isasing firm
under an agreemant between you and
the labor leasing firm, to perform
duties related ta the conduct of your
business. "Leased worker" do�s not
include a "temporary worker".
'!2. "Loading or unloading" means the
handling of property:
e, After it is moved from the place
where it is accepted for
movement into or onto an aircrafE,
EU 0� 01 07 1B �3 2016 The Travelers Indsmnity Company. All rights reserved. Pag9 19 Of 2�
uMBRE��a
watercraft or "auto";
6. While it is in or on an aircraft,
watercraft or "auta"; or
C. While it is being mo�ed from an
aircraft, watercraft or "auto" to
the place where it is finally
deli�erecf;
but "loading or unioading" does not
include the mo�ement of property by
means of a mechanical device, other
than a hand truck, that is not
attached to the aircraft, watercraft or
"auta".
13. "Mobile �quipment" means any of the
following types of land vehicles,
including any attachecf machinery or
equipment:
a Bulldozers, farm rnachinery,
forklifks and other vehicies
designed for use princ�pally off
public roads.
6. Vehicles maintained for use solely
on or next to premises you own
or rent,
(1) Equipmsnt designed primarily
fior:
[a1 Snow removal;
(q} Road maintenance, but not
construction or res�rfacing;
or
(C} Street clear�ing;
(2] Gherry pickers and similar
devices mounted on automobile
or iruck chassis and used to
raise or lower workers; and
I31 Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geo�hysicat axploration, lighting
and well servicing equipment.
However, "mobile equipment" does
not include any land vehicle that is
subject to a compulsory or financial
responsibility law, or oiher motor
vehicle insurance law, w�tere it is
iicensed or principally garaged, Such
land vehicles are considerecf "autos".
14. "Oceurrence" means:
C. Vehicles that travel an crawle�
treads,
d. Vehicles, whether self-propelled or
nnt, maintained primarily to
pravide mobility to permanentEy
mounted:
(11 Power cranes, shovels, loaders,
diggers or drills; or
(2] �ioad construction or
resurfacing equipment such as
graders, scrapers or rollers.
�, Vehicles not described in Paragraph
a, b., c. or d adove that are not
self-propelled and are maintained
primarily to provide mobility to
permanantly attached aquipment of
the fallnwing types:
(1} Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geop�ysical exploratian, fighting
and well ssrvicing equipment;
or
{2) Cherry �ickers and similar
devices used to raise or lower
workers.
F. Vehicles not described in Paragraph
a, 6., c. or d above maintained
primarily for purposes other than
the transportation of persons nr
cargo.
Howe�er, self-propelled vehicles
with the following kypes of
permanently attached equipment
are not "mobile equipment" but
wili be considered "autos":
a. Wit� respect to "bodily injury" or
"property damage":
{1) An accident, including contin-
uous or repeated expasure to
substantially the same general
harmful conditions, which
results in "bodily injury" or
"property damage". All "badily
injury" or "property damage"
caused by such expasure to
subskantialEy the same general
harmful conditions wifl be
deemed to be eaused by one
"occurrence"; or
(21 An act or nmission committed
in providing nr failing to
provide first aid or "Good
Samaritan services" to a
person by any af your
"employees" ar "volunteer
workers" o#her than an
employed or volunteer doctar,
unless you are in the k�usiness
or occupation of providing
professional health care
ser�ices;
b. Wiih respect ta "personal injury",
an offense arising out of your
business that results in "personal
injury". All "personal injury"
caused by the same or related
injurious material, act or o�fense
wElf be deerned to be caused by
one "occurrence", regardless of
the frequer�cy or repetition
thereof, the number and kind of
media used or the number of
persons or organizations making
claims or bringing "suits"; and
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t. With respect ta "advsrtising
injury", an offense cnrnmikted in
the course of advertising your
goods, praducts and services that
results in "ad�ertising injury". Afl
"ad�ertising injury" caused by the
same or related injurious material,
act or offense will be deemed to
be caused by one "occurrence",
regardless of the frequency or
repetition thereof, the number and
kind af inedla used nr the number
of persons or arganizations
making cla9ms ar bringing "suits".
0 15. "Officer" means a person holding any
of the officer positions created by
� your charter, constitution, bylaws or
* any other similar governing document.
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1�. "Personal injury":
a. Means injury, other than
"ad�ertising injury", caused by
one or more of the following
offenses:
(1} False arresi, detention or
imprisonment;
C2I Malieious prosecution;
[3} The wrongful e�ickion from,
wrangful entry into, or
invasion of t�� right of private
occupancy of a room, dwelling
or premises that a person
accupies, provided that the
wrongful eviction, wrongful
entry or in�asion vf the right
of private occupancy is
committ�d by ar an behalf of
the owner, landlord or lessor
of that room, dwelling or
premises;
(4j Oral or writter� pubkication,
includ'+t�g publication by
electronic means, of material
that slanders or libels a person
or organization or disparages a
persan's or organization's
goods, products or services,
provided that the claim is
made or the "suit" is brought
by a person or organization
that claims to have �een
slandered or fibaled, or that
claims [o have had its goods.
products or services
disparaged; or
(51 Oral or written publication,
includirig pubfication i�y
electronic means, of material
thak:
(ai Appropriates a person's
name, voice, photograph or
likeness; or
b. Includes "bodily injury" caused by
one or more af the offenses
described in Paragraph �. above.
17. "f'ollutants" mean any solid, liquid,
gaseous or khermal irritant or
contaminant, including smoke, vapar,
soot, fumes, acids, alkalis, chemitais
and waste. Waste includes materials
to be recycled, reconditianed or
reclairned.
18. "f'roperty damage" means:
a. Physical injury to tangible
property, including all resulting
loss of use of that property. All
such loss of use will be deemed
to occur at the time of the
physicai injury khat caused it; or
b. Loss af use of tangible property
tha4 is not physically injured. All
such loss nf use wiil be deemed
to occur at the time of the
"occurrence" that caus�d it.
�or the purposes of this insurance,
"electronic �ata" is nat kangible
property.
19. "5elf-insured retention" is the greater
of:
�, 7he amount shown in the
Declarations which the insured
must firsk pay under Coverage B
for damages because of all
"bodily injury", "property
darnage", "personal injury" or
"ad�ertising injury" arising out of
any one "accurr�nce"; or
b. Th� applicable limik of insurance
of any "other insurance" that
appiies.
20. "Slogan":
a Means a
for the
attentiqn
phrase that others use
�urpose of attracting
in their' advertising.
6. Does not include a pnrase used
as, or in, the name of:
{1] Any person or organization
other than you; or
(2) Any busir�ess, or any of the
premises, goods, products,
services or work, of any
person or organization ather
than you.
Z1, "7emporary worker" rneans a person
who is furnishec! ta yau to substitute
for a permanent "employee" an leave
or to meet seasanaf or short-term
workload conditions.
22. "Titie" means the name of a literary
or arkistic work.
(b) Unreasonably places a
person in a false light.
EU 00 01 07 1G m 201 S The Travelers Indemnity Company. All rights reserved. Page 2 1 of 23
UMBRELLA
23. "Unsolicited communication" means C.
any communication, in any #orm, that
the recipient of such communication
did not specifical�y request to
recei�e.
24. "Volunteer worker" means a person
who is not your "employee", and
who donates his or her work and acts
at the directian of and within the
scope of duties determined by you,
and is not paid a fee, salary or other
compensation by you nr anyone efse
for their work performed by you.
25. "Your product":
a. Means:
('iJ Any goods or products,
other than real property,
manufactured, sold, handled,
distributed or disposed nf by:
la) You;
(bj Qthers trading under your
name; or
(c1 A person or organization
whose business or assets
you have acquired; and
�2� Con#ainers {other than vehicfesj,
materials, parts or equiprnent
furnished in connection with
such goods or products.
b. Includes:
{1) Warranties or representations
rr�ade at any tlme with respect
to the fitness, quality, dura�
bility, performance or use of
"your product"; and
IZ1 7he provlding of or failure to
pro�ide warnings ar
instructiAns.
C. Does not include vending
ma�hines or other property rented
to or focated for the use of
others but nat sold.
z6. "Your work":
a. Means:
{1� Work or operations performed
by you or on your be#�alf; and
{2) Materials, parts or equipment
furnished in connection with
such work or aperations.
b. In�l�des:
li) Warranties or representatlons
made at any time with respsct
io the fitness, quality.
durability, performance or use
of "your work"; and
(2j The providing of ar failure to
provide warnings or
instructions,
With respect to Coverage C:
1. "Crisis management advisor" means
any public relations firm or crjsis
management firm approved by us that
Is hired by you to perforrr� "crisis
management services" in connection
with a "crisis management event".
Z. "Crisis management e�ent" means an
"event" or "occurrence" khat your
"executive officer" reasonably
determines has resulted, or may
result, in:
a. Damages cov�:red by this
Coverage A or Coverage B that
are in excess of the total
applicable fimits of the "under-
lying insurance" ar "self-insured
ratention"; and
b. Significant adverse regional or
national m�dia coverage,
3. "Crisis management ser�ice
expenses" msans amounts incurred kay
you. after a "crisis management
e�ent" first commences and before
such e�ent ends:
a. For the reasonable and necessary:
(1) Fees and expenses of a"crisis
managemenk advisar" in the
performance for you of "crisis
management services" solely
for a "crisis management
event"; and
(2) Costs for printing, advertising,
mailing of materials or travel
by your directqrs, officers,
employees or agents or a
"crisis martagement advisor"
solely for a "crisis rnanage-
ment event"; and
q, For the following expenses
resulting from such "crisis
management �vent", pro�ided that
such expenses have been approved
hy us:
(1) Medical expenses;
(2) Funeral sxpenses;
{�} psychologicaf counseling;
(4� Travel expenses;
(5) Temporary living axpenses;
(61 Expenses to secure the scene
of a "crisis management
OVB�It��; OF
(7) Any other expenses pre-
approved by us.
Page 22 of 23 � 2D 16 The Travelers Indemnity Company. A!I r�ghts reserved. EU 00 01 47 1B
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4. "Crisis managerr�ent services" means
those services performed by a"crisis
management acivisor" in advising you
or m�nimizing potential harm to you
from a"crisis management event" by
maintaining or restoring publie
confidence in you.
5. "Executive officer" means your:
a. Chief Executive Officer;
b, Chief Operating Officar;
c. Chief Financial Officer;
EU 00 01 07 16
UMBRELLA
d. President;
e. General Counsel;
f. General partner (if you are a
partnersi�ipy; or
g. Sole proprietor �if you are a safe
proprieiorship};
ar any person acting in the same
capacity as any indi�idual �isted
above,
� 2016 The Travelers Indamnity Company. A!I rights reserved. pa�� 23 Of 23