HomeMy WebLinkAboutContract 57579 FORTWORTH, CSC No.57579
April 19, 2022
Mike Brennan, AICP
President
Near Southside, Inc.
1606 Mistletoe Blvd., Fort Worth, TX 76104
Subject: Non-Exclusive Alley License Agreement
Dear Mr. Brennan:
The City of Fort Worth is entering into an agreement with Near Southside, Inc. to support
implementation of a Pedestrian Plaza Pilot Program. The 16' alley located between Bryan
Avenue and S. Main Street will be the first alley converted to a pedestrian plaza through this
program.
The pilot period will begin on the date that the non-exclusive alley license agreement is
executed. The pilot project will be evaluated throughout the pilot period, and upon expiration,
Transportation and Public Works (TPW) will provide a recommendation to City Council
regarding a permanent program. If City Council approves a recommendation to make the
program permanent, this agreement will continue for the additional renewal periods as stated in
Paragraph 5. If the City Council decides to rescind the program, TPW will issue proper notice to
terminate, also found in Paragraph 5.
We would like to move expeditiously to route the agreement and initiate the alley conversion. If
you would like to meet to discuss further please contact Chelsea St. Louis at (817) 392-7978 or
email Chelsea.st.louis@fortworthtexas.gov.
Regards,
Tanya Brooks(Apr 20,202216:41 CDT)
Tanya Brooks, Assistant Director
Transportation and Public Works Department
cc: Dana Burghdoff, Assistant City Manager
William Johnson, Director, Transportation and Public Works
Chelsea St. Louis, Sr. Capital Projects Officer, Transportation and Public Works
Doug Black, Senior Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
TRANSPORTATION MANAGEMENT DIVISION
THE CITY OF FORT WORTH*5001.TAMES AVENUE*FORT WORTH,TEXAS 76115
817-392-7738*FAX 817-392-2533
NON-EXCLUSIVE ALLEY LICENSE AGREEMENT
THIS NON-EXCLUSIVE LICENSE AND ACCESS AGREEMENT (the
"Agreement") is by and between THE CITY OF FORT WORTH, a Texas home rule municipal
corporation (the "City"), acting by and through its duly authorized Assistant City Manager, and
Near Southside, Inc. ("NSI"), acting by and through its duly authorized representative (the
"Licensee") on behalf of those certain businesses described herein.
WHEREAS the City controls a certain 16' wide alley located between Bryan Avenue and
S. Main Street as depicted in the final plat of Lot 1R, Block 1, Daggett's Hillside Addition, filed
as document number D217135458 in the Official Real Property Records of Tarrant County,Texas
(City Case No. FS-16-289) (the "Alley"), said Alley being more particularly described in Exhibit
"A" attached hereto and incorporated herein for all purposes; and
WHEREAS, NSI has approached the City to request that the Alley be closed to motor
vehicle traffic during certain hours to facilitate activation of the alley in the South Main Village
("S. Main Squeeze") by creating a public plaza space for non-motorized use; and
WHEREAS, NSI in conjunction with all of the Alley's abutting property owners and
tenants (Roots Coffeehouse, The 4eleven, Winton & Waits, Emporium Pies, and Rancho Loma
Vineyards,),has requested to place and maintain certain improvements of a non-permanent nature,
encroach in, on, or above the Alley when it is temporarily closed to motor vehicle traffic; and
WHEREAS, in accordance with the terms and conditions of this Agreement, City is
willing to allow Licensee and those it represents to utilize the Alley on a temporary and non-
exclusive basis for the purposes of creating a public plaza space for non-motorized (pedestrian,
bicycle, scooter, etc.)use.
NOW, THEREFORE, in consideration of the above recitals and the covenants and
agreements hereinafter contained to be kept and performed by the parties, the City and Licensee
agree as follows:
AGREEMENT
1.
The City hereby grants permission to Licensee to encroach in, on and above and to use the
Alley on a temporary and non-exclusive basis for the purpose of placing and maintaining certain
non-permanent and moveable improvements including planters, furniture, and lighting
(collectively, the "Encroachment"), as further described in Exhibit "B" attached hereto and
incorporated herein for all purposes. The Encroachment, specifically the planter boxes, may be
used to block the ends of the Alley,to prevent motor vehicle use,within the designated location
shown on Exhibit"B". Licensee agrees to be responsible for maintaining the Encroachment within
the Alley and for adjusting the moveable parts of the Encroachment to allow commercial use of
same by motorized vehicles upon reasonable request. Licensee shall not expand or otherwise cause
Alley Use License Agreement Page 1 of 10
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
the Encroachment to further infringe in or on any public property beyond what is specifically
described in this Agreement.
2.
All installation and maintenance of the Encroachment and the use or occupancy of the
Alley shall comply with and be performed in strict compliance with this Agreement and with the
charter, ordinances, codes, and policies of the City. Licensee shall not commence installation or
placement of the Encroachment nor make any use of the Alley until after the execution of this
Agreement.
3.
Licensee agrees that City may enter and utilize the Alley at any time for any public purpose,
including emergencies, installing, repairing,replacing, or maintaining improvements to its public
facilities or utilities necessary for the health,safety,and welfare of the public. The City shall have
no responsibility or liability for any damages related to the Encroachment resulting from the City's
use of the Alley.
4.
Upon termination of this Agreement,Licensee shall,at the option of and at no expense to the City,
remove the Encroachment and restore the Alley to a condition acceptable to the Director of the
Transportation and Public Works Department or duly authorized representative.Any such removal
of the Encroachment shall be in accordance with then-existing City regulations and policies. It is
understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to
remove the Encroachment and restore the Alley,Licensee hereby gives City permission to remove
the Encroachment from the Alley, to restore the Alley, and Licensee agrees that it shall be
responsible for the costs expended by the City in taking such actions. The parties agree that the
duties and obligations contained in this Section shall survive the termination of this Agreement.
5.
The Initial Term of this Agreement shall be for twelve months, commencing on the date
this Agreement is executed by City. Upon the expiration of the Initial Term,the Agreement shall
renew automatically under the same terms and conditions for two (2) additional renewal periods
any of which may be terminated earlier in accordance with this Agreement. City shall have the
right to terminate this Agreement at any time for any reason or for no reason at all by giving
Licensee thirty(30) days' written notice.
6.
It is further understood and agreed between the parties hereto that the Alley to be used and
encroached upon is held by City as trustee for the public;that City exercises such powers over the
Alley has have been delegated to it by the Constitution of the State of Texas, by the Texas
Legislature or reserved unto itself under its Charter and Code of Ordinances and that City cannot
contract away its duty and its legislative power to control the Alley for the use and benefit of the
public. It is accordingly agreed that if the City may at any time during the term hereof determine
in its sole discretion to use or cause or permit the Alley to be used for any other public purpose,
including but not being limited to underground, surface, or overhead communication, drainage,
Alley Use License Agreement Page 2 of 10
water or sanitary sewerage services,transmission of natural gas or electricity, or any other public
purpose,whether presently contemplated or not,that the parties agree to negotiate in good faith in
order to accommodate both the Encroachment and the public purpose.
7.
LIABILITY AND INDEMNIFICATION
a. Licensee agrees to pay City for all damages suffered or incurred by City as a direct
result of the installation and maintenance of the Encroachment and the use or occupancy of the
Alley for or by Licensee, its agents, employees or representatives, including,but not limited to,all
damage or injury to buildings, fences, equipment, and all other property,whether real or personal.
b. LICENSEE AGREES TO INDEMNIFY,DEFEND AND HOLD HARMILESS
CITY, CITY'S MEMBERS, DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES,
AGENTS, LEGAL REPRESENTATIVES, AFFILIATES, SUCCESSORS AND ASSIGNS
(COLLECTIVELY "INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS,
DEMANDS,AND CAUSES OF ACTION BROUGHT AGAINST AND ANY RESULTING
LIABILITIES, LIENS, DAMAGES, LOSSES, REMEDIATION, REMOVAL OR
CLEAN-UP OBLIGATIONS, FINES, PENALTIES, JUDGMENTS AND EXPENSES
(INCLUDING WITHOUT LIMITATION, COURT COSTS, COSTS OF
INVESTIGATION AND ATTORNEYS' FEES) OF ANY NATURE, KIND OR
DESCRIPTION WHATSOEVER FOR ANY LOSS OF OR DAMAGE TO PROPERTY OR
INJURY TO OR DEATH OF ANY PERSON INCIDENT TO, CAUSED BY,RESULTING
FROM OR ARISING OUT OF (A) LICENSEE'S EXERCISE OF THE RIGHTS
GRANTED HEREIN, OR (B) ANY ACT OR OMISSION OF LICENSEE, WITH
RESPECT TO THE ENCROACHMENTS (COLLECTIVELY, "CLAIMS").
THE INDEMNITEES WILL NOT BE LIABLE IN ANY MANNER TO
LICENSEE OR TO ANY OTHER PARTY AS A RESULT OF THE ACTS OR OMISSIONS
OF LICENSEE OR ITS CONSULTANTS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS,OR OTHERS IN OR ON THE ALLEY WITH THE PERMISSION
OF LICENSEE.ALL PERSONAL PROPERTY IN OR UPON THE ALLEY WILL BE AT
THE RISK OF LICENSEE, AND THE INDEMNITEES WILL NOT BE LIABLE FOR
ANY DAMAGE THERETO OR THEFT THEREOF, EVEN IF SUCH DAMAGE OR
THEFT IS DUE IN PART TO THE NEGLIGENCE OF AN INDEMNITEE. NO PARTY
WILL HAVE ANY RIGHT OR CLAIM AGAINST ANY INDEMNITEE FOR ANY
PROPERTY DAMAGE(WHETHER CAUSED BY NEGLIGENCE OR THE CONDITION
OF ALL OR PARTY OF THE ALLEY) BY WAY OF SUBROGATION OR
ASSIGNMENT, LICENSEE HEREBY WAIVING AND RELINQUISHING ANY SUCH
RIGHT. THE OBLIGATIONS OF LICENSEE SET FORTH HEREIN SHALL SURVIVE
ANY EXPIRATION OF THIS AGREEMENT.
C. LICENSEE COVENANTS AND AGREES THAT CITY SHALL IN NO
WAY OR UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY PROPERTY
BELONGING TO LICENSEE, ITS MEMBERS, EMPLOYEES, AGENTS,
CONTRACTORS, SUBCONTRACTORS, INVITEES, LICENSEES, OR TRESPASSERS
Alley Use License Agreement Page 3 of 10
THAT MAY BE STOLEN, DESTROYED, OR IN ANY WAY DAMAGED, AND
LICENSEE HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY FROM ANY AND
ALL SUCH CLAIMS.
d. Licensee,Licensee's agents, employees,representatives or any invitee of Licensee
or the entities it represents for any loss,injury or damage whatsoever suffered or incurred by reason
of the Encroachment.
The parties agree that the duties and obligations contained in this Section shall survive the
termination of this Agreement.
8.
While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of
Insurance naming City as certificate holder as proof that is has secured and paid for a policy of
public liability insurance covering all public risks related to the proposed use and occupancy of
the Alley. The amounts of such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be revised
upward at City's option and that Licensee shall so revise such amounts immediately following
notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended
without at least thirty (30) days prior written notice to the Building Official of the City. A copy
of such Certificate of Insurance is attached hereto as Exhibit"C" and incorporated herein for all
purposes. Licensee agrees, binds, and obligates itself to maintain and keep in force such public
liability insurance at all times during the term of this Agreement and until the removal of the
Encroachment and restoration of the Alley. All insurance coverage required herein shall include
coverage of all Licensee's contractors and subcontractors.
9.
Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes,
ordinances, codes, and regulations in connection with the operation and maintenance of the
Encroachment and use of the Alley.
10.
Licensee covenants and agrees that it shall operate hereunder as an independent contractor
as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee
of City, and Licensee shall have exclusive control of and the exclusive right to control the details
of its operations, and all persons performing same, and shall be solely responsible for the acts and
omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and
invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its
officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
11.
Alley Use License Agreement Page 4 of 10
Licensee agrees and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to maintain and locate the Encroachment over or within the Alley and is not
a conveyance of any right,title, or interest in or to the Alley,nor is it meant to convey any right to
use or occupy property in which a third-parry may have an interest. Licensee agrees that it will
obtain all necessary permissions before occupying such property.
12.
Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or
duties under this Agreement without the written approval of the City, which approval shall not be
unreasonably conditioned or withheld, and any attempted assignment without such written
approval shall be void. In the event any entity represented by Licensee conveys its property
interest abutting the Alley, Licensee shall obtain approval of the subsequent occupant/owner of
the property in order to maintain this Agreement in full force and effect.
13.
Miscellaneous Provisions.
a. The section headings contained herein are solely for convenience in reference and
are not intended to define or limit the scope of any provision of this Agreement.
b. In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
C. This Agreement shall be governed by and construed in accordance with the laws of
the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis
of any provision of this Agreement,venue for such action shall lie in state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas -Fort Worth
Division.
d. It is understood and agreed that by execution of this Agreement, City does not
waive or surrender any of its governmental powers or immunities.
e. By executing this Agreement, each of Licensees' agents affirms that he or she is
authorized by his or her respective Licensee to execute this Agreement and that all representations
made herein with regard to Licensee's identity, address, and legal status are true and correct.
f. This instrument(including all attachments,schedules,and exhibits attached hereto)
constitutes the entire understanding and agreement of the City and Licensee as to use of the Alley.
Any prior or contemporaneous oral or written agreement is hereby declared null and void to the
extent in conflict with the terms and conditions of this Agreement. This Agreement shall not be
amended unless agreed to in writing by both parties.
g. If any clause or provision of this Agreement is or becomes illegal, invalid or
unenforceable because of present or future laws or any rule or regulation of any governmental
body or entity, effective during the Term, the intention of the parties hereto is that the remaining
parts of this Agreement shall not be affected thereby unless such invalidity is, in the sole
Alley Use License Agreement Page 5 of 10
determination of the City, essential to the rights of both parties, in which event City has the right,
but not the obligation,to terminate the Agreement on written notice to Licensee.
h. Pursuant to Chapter 2, Article IV, Division 3, Section 2-134, Administration,
Powers and Duties of the Department of Internal Audit, of the Code of Ordinances of the City of
Fort Worth, City may,at City's sole cost and expense,at reasonable times during Licensee' normal
business hours and upon reasonable notice, audit Licensee's books and records, but only as it
pertains to this Agreement and as necessary to evaluate compliance with this Agreement.
ACCORDINGLY,the parties hereto have caused this Agreement to be executed to be effective
as of the date subscribed by the City's designated signatory (the "Effective Date").
CITY: LICENSEE:
9ana ga"Ldoff
By:Dana Burghdoff ay 19,202210:38 CDT) By:
Dana Burghdoff Name: Mike Brennan
Assistant City Manager Title: President, Near Southside, Inc.
Date: Date: 4/25/2022
Recommended by:
William Johnson, Director, Transportation and Public Works Department
NAME, Director, DEPARTMENT
CONTRACT COMPLIANCE MANAGER
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Name: Chelsea St. Louis
Title: Sr. Capital Projects Officer
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Alley Use License Agreement Page 6 of 10
APPROVED AS TO FORM AND LEGALITY:
933---
By:DBlack(May 19,2022 08:06 CDT)
Douglas W.Black
Sr.Assistant City Attorney
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Form 1295:Not required
M&C:Not required
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Alley Use License Agreement Page 7 of 10
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Alley Use License Agreement Page 8 of 10
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Alley Use License Agreement Page 9 of 10
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Exhibit C
Alley Use License Agreement Page 10 of 10
This page has been left blank intentionally.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS - SOCIAL SERVICES COMMERCIAL GENERAL
LIABILITY BROADENED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Endorsement-Table of Contents:
Coverage: Begins on Page:
1. Employee Benefit Liability Coverage..........................................................................................3
2. Unintentional Failure to Disclose Hazards.................................................................................8
3. Damage to Premises Rented to You...........................................................................................8
4. Supplementary Payments..........................................................................................................10
S. Medical Payments.......................................................................................................................10
6. 180 Day Coverage for Newly Formed or Acquired Organizations.........................................10
7. Waiver of Subrogation................................................................................................................10
8. Automatic Additional Insured-Specified Relationships........................................................11
• Managers or Lessors of Premises;
• Lessor of Leased Equipment;
• Vendors;
• State or Governmental Agency or Subdivision or Political Subdivision - Permits
or Authorizations;
• Mortgagee,Assignee or Receiver;
• Grantor of Franchise;
• Owners, Lessees or Contractors;
• Controlling Interest; and
• Benefactors or Grantors
9. Property Damage to Borrowed Equipment..............................................................................15
10. Employees as Insureds-Specified Health Care Services......................................................16
11. Broadened Notice of Occurrence..............................................................................................16
12. Nonowned Aircraft......................................................................................................................16
13. Bodily Injury Redefined..............................................................................................................16
14. Expected or Intended Injury Redefined....................................................................................16
15. Former Employees as Insureds................................................................................................16
16. Broadened Who is an Insured...................................................................................................16
17. Replacement of Customers Keys or Locks..............................................................................17
18. Limited Employee Criminal Defense Expense Coverage.......................................................17
19. Limited Assault Expense Coverage..........................................................................................18
20. Limited Rental Lease Agreement Contractual Liability Coverage.........................................19
21. Fellow Employee Coverage.......................................................................................................19
22. Personal and Advertising Injury Redefined............•...................••••......................................•••19
23. Voluntary Property Damage Coverage.....................................................................................20
24. Worldwide Liability Coverage Extension .................................................................................21
25. Client Defined..............................................................................................................................23
B. Limits of Insurance:
The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse-
ment, except as provided below:
1. Employee Benefit Liability Coverage
Each Employee Limit: $1,000,000
Aggregate Limit: $3,000,000
Deductible Amount: $ 1,000
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc.,with its permission. Page 1 of 23
3. Damage to Premises Rented to You
a. The lesser of.
(1) The Each Occurrence Limit shown in the Declarations; or
(2) $1,000,000
b. $30,000 aggregate sublimit for damage caused by your"client"
4. Supplementary Payments
a. Bail Bonds: $5,000
b. Loss Of Earnings: $1,000
9. Property Damage to Borrowed Equipment
Each Occurrence Limit: $10,000
Deductible Amount: $ 250
17. Replacement of Customers Keys or Locks
Each Occurrence Limit: $25,000
Deductible Amount: $ 250
18. Limited Employee Criminal Defense Expense Coverage
Each Criminal Proceedings Limit: $10,000
Aggregate Limit: $50,000
19. Limited Assault Expense Coverage
Each Person Limit: $10,000
Aggregate Limit: $25,000
20. Limited Rental Lease Agreement Contractual Liability Coverage
Each Occurrence Limit: $100,000
23. Voluntary Property Damage Coverage
Each Occurrence Limit: $1,000
Aggregate Limit: $5,000
Deductible Amount: $ 250
Includes copyrighted material of insurance
GA 262 TX 09 17 Services Office, Inc., with its permission. Page 2 of 23
C. Coverages knowledge of a claim or
"suit" on or before the
1. Employee Benefit Liability Coverage 'first effective date" of
a. The following is added to The follow- this endorsement.
ing is added to Section 1 - Coverag- You will be deemed to
es: have knowledge of a
(1) Insuring Agreement claim or "suit" when
any "authorized repre-
(a) We will pay those sums that sentative";
the insured becomes legally
obligated to pay as damag- a) Reports all, or any
es caused by any act, error part, of the act, er-
or omission of the insured, ror or omission to
or of any other person for us or any other in-
whose acts the insured is surer;
legally liable, to which this
insurance applies. We will b) Receives a written
have the right and duty to or verbal demand
defend the insured against claim for dam-
defend
any "suit" seeking those ages because of
the act, error or
damages. However, we will
have no duty to defend omission.
against any "suit" seeking (2) Exclusions
damages to which this in-
surance does not apply. We This insurance does not apply
may, at our discretion, in- to:
vestigate any report of an
act, error or omission and (a) Bodily Injury, Property
settle any claim or"suit"that Damage or Personal and
may result. But: Advertising Injury
1) The amount we will pay "Bodily injury", "property
for damages is limited damage" or "personal and
as described in Sec- advertising injury'.
tion III - Limits of In- (b) Dishonest, Fraudulent,
surance; and Criminal or Malicious Act
2) Our right and duty to Damages arising out of any
defend ends when we intentional, dishonest,
have used up the appli- fraudulent, criminal or mali-
cable limit of insurance cious act, error or omission,
in the payment of committed by any insured,
judgments or settle- including the willful or reck-
ments. less violation of any statute.
No other obligation or liabil- (c) Failure to Perform a Con-
ity to pay sums or perform tract
acts or services is covered
unless explicitly provided for Damages arising out of fail-
under Supplementary Pay- ure of performance of con-
ments. tract by any insurer.
(b) This insurance applies to (d) Insufficiency of Funds
damages only if the act, er-
ror or omission, is negligent- Damages arising out of an
ly committed in the "admin_ insufficiency of funds to
istration" of your "employee meet any obligations under
benefit program"; and any plan included in the
"employee benefit pro-
1) Occurs during the poli- gram".
cy period; or
(e) Inadequacy of Perfor-
2) Occurred prior to the mance of Invest-
"first effective date" of ment/Advice Given With
this endorsement pro- Respect to Participation
vided you did not have
Any claim based upon:
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc.,with its permission. Page 3 of 23
1) Failure of any invest- (3) Coercion, demotion,
mentto perform; evaluation, reassign-
2) Errors in providing in- ment, discipline, defa-
mation, harassment,
formation on past per- humiliation, discrimina-
formance of investment tion or other employ-
ment - related practic-
3) Advice given to any es, acts or omissions;
person with respect to or
that person's decision
(4) Consequential liability
to participate or not to
participate in any plan a result of(1), (2) or
(3
included in the "em- (3)above.
ployee benefit pro- This exclusion applies
gram". whether the insured may be
(f) Workers' Compensation held liable as an employer
or in any other capacity and
and Similar Laws to any obligation to share
Any claim arising out of your damages with or repay
failure to comply with the someone else who must
mandatory provisions of any pay damages because of
workers' compensation, un- the injury.
employment compensation
insurance, social security or (3) Supplementary Payments
disability benefits law or any Section I - Coverages, Sup-
similar law. plementary Payments - Cov-
(g) ERISA erages A and B also apply to
this Coverage.
Damages for which any in- b. Who is an Insured
sured is liable because of li-
ability imposed on a fiduci- As respects Employee Benefit Lia-
ary by the Employee Re- bility Coverage, Section it -Who is
tirement Income Security an Insured is replaced by the follow-
Act of 1974, as now or ing:
hereafter amended, or by
any similar federal, state or (1) If you are designated in the Dec-
local laws. larations as:
(h) Available Benefits (a) An individual, you and your
spouse are insureds, but
Any claim for benefits to the only with respect to the
extent that such benefits are conduct of a business of
available, with reasonable which you are the sole
effort and cooperation of the owner.
insured, from the applicable
funds accrued or other col- (b) A partnership or joint ven-
lectible insurance. ture, you are an insured.
Your members, your part-
(i) Taxes, Fines or Penalties ners, and their spouses are
also insureds but only with
Taxes, fines or penalties, respect to the conduct of
including those imposed under the Internal Revenue your business.
Code or any similar state or (c) A limited liability company,
local law. you are an insured. Your
Q) Employment-Related members are also insureds,
but only with respect to the
Practices conduct of your business.
Any liability arising out of Your managers are in-
any: sureds, but only with re-
spect to their duties as your
(1) Refusal to employ; managers.
(2) Termination of em- (d) An organization other than a
ployment; partnership, joint venture or
limited liability company,
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc.,with its permission. Page 4 of 23
you are an insured. Your of Insurance is replaced by the fol-
"executive officers" and di- lowing:
rectors are insureds, but on-
ly with respect to their du- (1) The Limits of Insurance shown
ties as your officers or direc- in Section B. Limits of insur-
tors. Your stockholders are ance, 1. Employee Benefit Li-
also insureds, but only with ability Coverage and the rules
respect to their liability as below fix the most we will pay
stockholders. regardless of the number of-
(e) A trust, you are an insured. (a) Insureds;
Your trustees are also in- (b) Claims made or "suits"
sureds, but only with re- brought;
spect to their duties as trus-
tees. (c) Persons or organizations
(2) Each of the following is also an making claims or bringing
suits ,
insured:
(a) Each of your "employees" (d) Acts, errors or omissions; or
who is or was authorized to (e) Benefits included in your
administer your "employee "employee benefit pro-
benefit program"; gram".
(b) Any persons, organizations (2) The Aggregate Limit shown in
or "employees" having Section B. Limits of Insurance,
proper temporary authoriza- 1. Employee Benefit Liability
tion to administer your "em- Coverage of this endorsement
ployee benefit program" if is the most we will pay for all
you die, but only until your damages because of acts, errors
legal representative is ap- or omissions negligently commit-
pointed; or ted in the "administration" of
(c) Your legal representative if gram".
you "employee benefit pro-
you die, but only with re-
spect to duties as such. (3) Subject to the limit described in
That representative will (2) above, the Each Employee
have all your rights and du- Limit shown in Section B. Limits
ties under this Coverage of Insurance, 1. Employee
Part. Benefit Liability Coverage of
An organization you newly ac- this endorsement is the most we
(3) Y 9 Y Y will pay for all damages sus-
quire or form, other than a part- tained by any one "employee",
nership, joint venture or limited including damages sustained by
liability company, and over such "employee's" dependents
which you maintain ownership or and beneficiaries, as a result of:
majority interest, will qualify as a
Named Insured if no other simi- (a) An act,error or omission; or
lar insurance applies to that or-
ganization. However, coverage (b) A series of related acts, er-
under this provision: rors or omissions, regard-
less of the amount of time
(a) Is afforded only until the that lapses between such
180th day after you acquire acts, errors or omissions;
or form the organization or
the end of the policy period, negligently committed in the
whichever is earlier;and "administration" of your "em-
ployee benefit program".
(b) Does not apply to any act,
error or omission that was However,the amount paid under
committed before you ac- this endorsement shall not ex-
committed or formed the organi- teed, and will be subject to the
nation. limits and restrictions that apply
to the payment of benefits in any
c. Limits of Insurance plan included in the "employee
As respects Employee Benefit Lia-
benefit program".
bility Coverage, Section III - Limits
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc.,with its permission. Page 5 of 23
(4) Deductible Amount 2. Duties in the Event of an
(a) Our obligation to pay dam- Act, Error or Omission, or
ages on behalf of the in- Claim or Suit
sured applies only to the a. You must see to it that
amount of damages in ex- we are notified as soon
cess of the Deductible as practicable of an act,
Amount stated in the Decla- error or omission which
rations as applicable to may result in a claim.
Each Employee. The limits To the extent possible,
of insurance shall not be re- notice should include:
duced by the amount of this deductible. (1) What the act, error
or omission was
(b) The Deductible Amount and when it oc-
stated in the Declarations curred; and
applies to all damages sus-
tained by any one employ- (2) addresses of an
ee", including such "em- one who may ployee's" dependents and Y s f
beneficiaries, because of all fer damages as a
acts, errors or omissions to result of the act,
which this insurance ap- error or omission.
plies. b. If a claim is made or
(c) The terms of this insurance, suit is brought against
including those with respect any insured,you must:
to: (1) Immediately rec-
1) Our right and duty to ord the specifics of
defend the insured the claim or "suit"
against any "suits" and the date re-
seeking those damag- ceived; and
es; and
(2) Notify us as soon
2) Your duties, and the as practicable.
duties of any other in- You must see to it that
volved insured, in the we receive written no-
event of an act, error or tice of the claim or
omission, or claim; "suit" as soon as prac-
apply irrespective of the ap- ticable.
plication of the Deductible C. You and any other in-
Amount. volved insured must:
(d) We may pay any part or all
of the Deductible Amount to (1) Immediately send
effect settlement of any us copies any
demands, notices,
claim or"suit'and, upon no- summonses or le-
tification of the action taken,
you shall promptly reim- gal papers re-
you us for such part of the ion w in a claim
with the claim
Deductible Amount as we or"suit";
have paid.
d. Additional Conditions (2) Authorize us to ob-
tain records and
As respects Employee Benefit Lia- other information;
bility Coverage, Section IV - Com-
mercial General Liability Condi- {3) Cooperate with us
in the investigation
tions is amended as follows: or settlement of
(1) Item 2. Duties in the Event of the claim or de-
Occurrence, Offense, Claim or fense against the
Suit is deleted in its entirety and "suit": and
replaced by the following: (4) Assist us, upon
our request, in the
enforcement of
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc.,with its permission. Page 6 of 23
any right against based on the ratio of its
any person or or- applicable limit of in-
ganization which surance to the total ap-
may be liable to plicable limits of insur-
the insured be- ance of all insurers.
cause of an act,
error or omission c. Excess Insurance
to which this in- This insurance is ex-
surance may also cess over any of the
apply other insurance,
d. No insured will, except whether primary, ex-
at that insured's own cess, contingent or on
cost,voluntarily make a any other basis that is
payment, assume any insurance purchased
obligation, or incur any by you to coverage
expense without our damages for acts, er-
consent. rors or omissions that
occurred prior to the
(2) Item 5. Other Insurance is re- "first effective date".
placed by the following:
e. Additional Definitions
S. Other Insurance
As respects Employee Benefit Lia-
If other valid and collectible bility Coverage, Section V - Defini-
insurance is available to the tions is amended as follows:
insured for a loss we cover
under this Coverage Part, (1) The following definitions are
our obligations are limited added:
as follows: 1. "Administration"means:
a. Primary Insurance a. Providing information to
This insurance is pri- "employees", including
mary except when c. their dependents and
below applies. If this in- beneficiaries, with re-
surance is primary, our spect to eligibility for or
obligations are not af- scope of "employee
fected unless any of the benefit programs";
other insurance is also b. Interpreting the "em-
primary. Then, we will ployee benefit pro-
share with all that other grams";
insurance by the meth-
od described in b. be- c. Handling records in
low. connection with the
b. Method of Sharing "employee benefit pro-
9 grams"; or
If all of the other insur- d. Effecting, continuing or
ance permits contribu- terminating any "em-
tion by equal shares, ployee's" participation
we will follow this in any benefit included
method also. Under this in the "employee bene-
approach each insurer fit program".
contributes equal
amounts until it has However, "administration"
paid its applicable limit does not include:
of insurance or none of
the loss remains, a. Handling payroll deduc-
whichever comes first. tions; or
If any of the other in- b. The failure to effect or
surance does not per- maintain any insurance
mit contribution by or adequate limits of
equal shares, we will coverage of insurance,
contribute by limits. including but not limited
Under this method, to unemployment in-
each insurer's share is surance, social security
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc.,with its permission. Page 7 of 23
benefits, workers' com- 4. "First effective date" means
pensation and disability the date upon which cover-
benefits. age was first effected in a
2. "Cafeteria plans" means series of uninterrupted re-
plans authorized by appli- newals of insurance cover-
cable law to allow "employ-
age.
ees" to elect to pay for cer- (2) The following definitions are de-
tain benefits with pre-tax leted in their entirety and re-
dollars. placed by the following:
3. "Employee benefit pro- 8. "Employee" means a per-
grams" means a program son actively employed, for-
providing some of all of the merly employed, on leave of
following benefits to "em- absence or disabled, or re-
ployees", whether provided tired. "Employee" includes a
through a "cafeteria plan" or "leased worker". "Employ-
otherwise: ee" does not include a
a. Group life insurance; "temporary worker".
group accident or 21. "Suit" means a civil pro-
health insurance; den- ceeding in which money
tal, vision and hearing damages because of an act,
plans; and flexible error or omission to which
spending accounts; this insurance applies are
provided that no one alleged. "Suit"includes:
other than an "employ-
ee" may subscribe to a. An arbitration proceed-
such benefits and such ing in which such dam-
benefits are made gen- ages are claimed and
erally available to those to which the insured
"employees" who satis- must submit or does
fy the plan's eligibility submit with our con-
requirements; sent;
b. Profit sharing plans, b. Any other alternative
employee savings dispute resolution pro-
plans, employee stock ceeding in which such
ownership plans, pen- damages are claimed
sion plans and stock and to which the in-
subscription plans, pro- sured submits with our
vided that no one other consent; or
than an "employee" c. An appeal of a civil
may subscribe to such proceeding.
benefits and such ben-
efits are made general- 2. Unintentional Failure to Disclose Haz-
ly available to all "em- ards
ployees" who are eligi-
ble under the plan for Section IV - Commercial General Lia-
such benefits; bility Conditions, 7. Representations is
c. Unemployment insur-
amended by the addition of the following:
ance, social security Based on our dependence upon your rep-
benefits, workers' com- resentations as to existing hazards, if un-
pensation and disability intentionally you should fail to disclose all
benefits; and such hazards at the inception date of your
policy, we will not reject coverage under
d. Vacation plans, includ- this Coverage Part based solely on such
ing buy and sell pro- failure.
grams; leave of ab-
sence programs, in- 3. Damage to Premises Rented to You
cluding military, mater- a, The last Paragraph of 2. Exclusions
nity, family, and civil under Section I-Coverage A-Bod-
leave; tuition assis- ily Injury and Property Damage Li-
tance plans; transporta- ability is replaced by the following:
tion and health club
subsidies.
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc.,with its permission. Page 8 of 23
Exclusions c.through q. do not ap- or release of
ply to "property damage" by fire, ex- waste products or
plosion, lightning, smoke or soot to secretions, by in-
premises while rented to you or sects, birds, ro-
temporarily occupied by you with dents or other an-
permission of the owner, for which imals; or
the amount we will pay is limited to
the Damage to Premises Rented 7) Presence, growth,
to You Limit as described in Sec- proliferation,
tion III-Limits of Insurance. spread or any ac-
tivity of fungus, in-
b. The insurance provided under Sec- cluding mold or
tion 1 - Coverage A - Bodily Injury mildew, and any
and Property Damage Liability ap- mycotoxins,
plies to"property damage" arising out spores, scents or
of water damage to premises that are byproducts pro-
both rented to and occupied by you. duced or released
(1) As respects Water Damage Le- by fungi.
gal Liability, as provided in Par- (b) 'Property Damage" caused
agraph 3.b. above: directly or indirectly by any
The exclusions under Section I- of the following:
Coverage A-Bodily Injury and (i) Earthquake, volcanic
Property Damage Liability, 2. eruption, landslide or
Exclusions, other than i. War any other earth move-
and the Nuclear Energy Liabil- ment:
ity Exclusion (Broad Form),
are deleted and the following are (ii} Water that backs up added: overflows or is other-
added: discharged from a
This insurance does not apply sewer, drain, sump,
to: sump pump or related
(a) 'Property damage": equipment;
Assumed in an (ii7 Water under the ground
(i) Y con- surface pressing on, or
tract or agreement; or flowing or seeping
(ii) Caused by or resulting through:
from any of the follow- 1) Foundations,
ing: walls, floors or
1) Wear and tear; paved surfaces;
2) Rust or other cor- 2) Basements,
rosion, decay, de- whether paved or
terioration, hidden not; or
or latent defect or 3) Doors, windows or
any quality in other openings.
property that
causes it to dam- (c) 'Property damage" caused
age or destroy it- by or resulting from water
self; that leaks or flows from
plumbing, heating,air condi-
3) Smog; tioning, fire protection sys-
4) Mechanical break- tems, or other equipment,
down including caused by or resulting from
rupture or bursting freezing, unless:
caused by centrif- (i) You did your best to
ugal force; maintain heat in the
5) Settling, cracking, building or structure; or
shrinking or ex- (ii) You drained the
pansion; equipment and shut off
6) Nesting or infesta- the water supply if the
tion, or discharge heat was not main-
tained.
includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc.,with its permission. Page 9 of 23
(d) "Property damage"to: bonds required because of accidents
(i) Plumbing, heating, air or traffic law violations arising out of
the use of any vehicle to which the
conditioning, fire pro- Bodily Injury Liability Coverage ap-
eqsystems, or er - plies. We do not have to furnish
equipment or applili- these bonds.
ances; or
(ii) The interior of any b. Paragraph 4. is replaced by the fol-
building or structure, or
lowing:
to personal property in All reasonable expenses incurred by
the building or structure the insured at our request to assist
caused by or resulting us in the investigation or defense of
from rain, snow, sleet the claim or "suit", including actual
or ice, whether driven loss of earnings up to the limit shown
by wind or not. in Section B. Limits of Insurance,
4.b. Loss Of Earnings of this en-
c. Limit of Insurance dorsement per day because of time
With respect to the insurance afford- off from work.
ed in Paragraphs 3.a. and 3.b. 5. Medical Payments
above, the Damage to Premises
Rented to You Limit as shown in the Section I - Coverage C - Medical Pay-
Declarations is amended as follows: ments, 2. Exclusions, a. any Insured is
(1) Paragraph 6. of Section III - replaced by the following:
Limits of Insurance is replaced a. Any Insured
by the following:
To any insured, except:
6. Subject to Paragraph 5.above, the Damage to (1) A"volunteer worker"; or
Premises Rented to You
Limit is the most we will pay (2) A student in training, medical di-
rector or administrator who is
under Coverage A- Bodily providing services on your be-
Injury and Property Dam- half.
age Liability for damages
because of "property dam- 6. 180 Day Coverage for Newly Formed or
age"to any one premises: Acquired Organizations
a. While rented to you, or Section II - Who is an Insured is
temporarily occupied by amended as follows:
you with permission of
the owner, Subparagraph a. of Paragraph 3. is re-
b. In the case of damage laced by the following:
by fire, explosion, light- a. Insurance under this provision is af-
ning, smoke or soot, forded only until the 180th day after
while rented to you;or you acquire or form the organization
or the end of the policy period,
c. In the case of damage whichever is earlier;
by water, while rented
to and occupied by you. 7. Waiver of Subrogation
(2) The most we will pay is limited Section IV - Commercial General Lia-
as described in Section B. Lim- bility Conditions, 9. Transfer of Rights
its of Insurance, 3. Damage to of Recovery Against Others to us is
Premises Rented to You of this amended by the addition of the following:
endorsement. We waive any right of recovery we may
4. Supplementary Payments have against any person or organization
against whom you have agreed to waive
Under Section I - Supplementary Pay- such right of recovery in a written contract
ments- Coverages A and B: or agreement because of payments we
a. Paragraph 2. is replaced by the fol- make for injury or damage arising out of
lowing: your ongoing operations or 'your work"
done under a written contract or agree-
Up to the limit shown in Section B. ment with that person or organization and
Limits of Insurance, 4.a. Bail Bonds included in the "products-completed op-
of this endorsement for cost of bail erations hazard". However, our rights may
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc.,with its permission. Page 10 of 23
only be waived prior to the "occurrence" (b) Lessor of Leased Equip-
giving rise to the injury or damage for ment
which we make payment under this Cov-
erage Part. The insured must do nothing Any person or organization
after a loss to impair our rights. At our re- from whom you lease
quest, the insured will bring "suit" or equipment when you and
transfer those rights to us and help us en- such person(s) or organiza-
force those rights. tion(s) have agreed per
Paragraph 8.9.(1) of this
8. Automatic Additional Insured - Speci- endorsement to provide in-
fied Relationships surance. Such person(s) or
organization(s) are insureds
a. The following is added to Section 11- only with respect to liability
Who is an Insured: for "bodily injury', "property
(1) Any person(s) or organization(s) damage" or "personal and
described in Paragraph 8.a.(2) advertising injury' caused,
of this endorsement (hereinafter in whole or in part, by your
referred to as additional insured) maintenance, operation or
whom you are required to add use of equipment leased to
as an additional insured under you by such person(s) or
this Coverage Part by reason of organization(s). A person's
a written contract, written or organization's status as
agreement, written permit or an additional insured under
written authorization or, only with this endorsement ends
respect to Paragraph 8.a.(2)(i)of when their contract or
this endorsement, an oral agreement with you for such
agreement or contract. leased equipment ends.
However, this insurance
(2) Only the following persons or does not apply to any "oc-
organizations are additional in- currence" which takes place
sureds under this endorsement, after the equipment lease
and insurance coverage provid- expires.
ed to such additional insureds is
limited as provided herein: (c) Vendors
(a) Managers or Lessors of Any person or organization
Premises (referred to below as ven-
dor) with whom you have
The manager or lessor of a agreed per Paragraph
premises leased to you with 8.a.(1) of this endorsement
whom you have agreed per to provide insurance, but
Paragraph 8.a.(1) of this only with respect to "bodily
endorsement to provide in- injury' or"property damage"
surance, but only with re- arising out of 'your prod-
spect to liability arising out ucts which are distributed
of the ownership, mainte- or sold in the regular course
nance or use of that part of of the vendor's business,
the premises leased to you, subject to the following ad-
subject to the following ad- ditional exclusions:
ditional exclusions: (i) The insurance afforded
This insurance does not ap- the vendor does not
ply to: apply to:
(i) Any"occurrence" which 1) "Bodily injury" or
takes place after you "property damage"
cease to be a tenant in for which the ven-
that premises; dor is obligated to
pay damages by
(i)i Structural alterations, reason of the as-
new construction or sumption of liabil-
demolition operations ity in a contract or
performed by or on be- agreement. This
half of such additional exclusion does not
insured. apply to liability for
damages that the
vendor would have
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc.,with its permission. Page 11 of 23
in the absence of arising out of the
the contract or sole negligence of
agreement; the vendor for its
own acts or omis-
2) Any express war-
ranty sions or those of
byyou;unauthorized its employees or
by yo anyone else acting
3) Any physical or on its behalf.
chemical change However, this ex-
in the product clusion does not
made intentionally apply to:
by the vendor; a) The excep-
4) Repackaging, ex- tions con-
cept when un- tained in Par-
packed solely for agraphs
the purpose of in- (c)(i)4)or 6) of
spection, demon- this endorse-
stration, testing, or ment; or
the substitution of
parts under in- b) Such inspec-
tions, adjust-
structions from the ments,tests or
manufacturer, and servicing as
then repackaged the vendor
in the original con- has agreed to
tainer;
make or nor-
5) Any failure to mally under-
make such inspec- takes to make
tions, adjustments, in the usual
tests or servicing course of
as the vendor has business, in
agreed to make or connection
normally under- with the distri-
takes to make in bution or sale
the usual course of the prod-
of business, in ucts.
connection with
the distribution or (ii) This insurance does
sale of the prod- not apply to any in-
sured person or organi-
ucts; zation:
6) Demonstration, in- 1) From whom you
stallation, servic- have acquired
ing or repair oper- such products, or
ations, except any ingredient,
such operations part or container,
performed at the entering into, ac-
vendor's premises companying or
in connection with containing such
the sale of the products; or
product;
7) Products which, 2) When liability in-
after distribution or cluded within the"products-
la sale you, have completed opera-
been labeled or re- tions hazard" has
labeled or used as been excluded
a container, part or under this Cover-
ingredient of any age Part with re-
other thing or sub- sped to such
stance by or for products.
the vendor; or.
8) "Bodily injury" or (d) State or Governmental
"property damage" Agency or Subdivision or
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc.,with its permission. Page 12 of 23
Political Subdivision - 1) "Bodily injury",
Permits or Authorizations "property damage"
state or governmental a "personal and
Any g advertising injury"
agency or subdivision or po- arising out of op-
litical subdivision with which erations performed
you have agreed per Para- for the federal
graph 8.a.(1) of this en- government, state
dorsement to provide insur- or municipality; or
ance, subject to the follow-
ing additional provision: 2) "Bodily injury" or
This insurance applies only: "property damage"
included within the
(i) With respect to the fol- "products-
lowing hazards for completed opera-
which the state or gov tions hazard".
ernmental agency or (e) Mortgagee, Assignee or
subdivision or political Receiver
subdivision has issued
a permit or authoriza- Any person or organization
tion in connection with with whom you have agreed
premises you own, rent per Paragraph 8.a.(1) of this
or control and to which endorsement to provide in-
this insurance applies: surance, but only with re-
f The existence, spect to their liability as
mortgagee, assignee, or re-
maintenance, re- ceiver and arising out of the
pair, construction, ownership, maintenance, or
erection or remov- use of the premises by you.
al of advertising However, this insurance
signs, awnings, does not apply to structural
canopies, cellar alterations, new construc-
entrances, coal tion and demolition opera-
holes, driveways, tions performed by or for
manholes, mar- that person or organization.
quees, hoist away
openings, side- (f) Grantor of Franchise
walk vaults, street
banners or deco- Any person or organization
rations and similar with whom you have agreed
exposures; or per Paragraph 8.a.(1) of this
endorsement to provide in-
2) The construction, surance, but only with re-
erection or remov spect to their liability as the
al of elevators; or grantor of a franchise to
3) The ownership, you.
maintenance or (g) Owners, Lessees or Con-
use of any eleva- tractors
tors covered by
this insurance. Any person or organization
with whom you have agreed
With respect to opera- per Paragraph 8.a.(1) of this
tions performed by you endorsement to provide in-
or on your behalf for surance, but only with re-
which the state or gov- spect to liability for "bodily
ernmental agency or injury," "property damage"
subdivision or political or " personal and advertis-
subdivision issued, in ing injury" caused, in whole
writing, a contract, or in part, by:
agreement, permit or
authorization. i) Your acts or omissions;
or
However,with regard to
(d)(ii) above, this in- ii) The acts or omissions
surance does not apply of those acting on your
behalf;
to:
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc.,with its permission. Page 13 of 23
in the performance of your (i) Benefactors or Grantors
ongoing operations for the
additional insured when re- Any person or organization
quired by a written contract with whom you have agreed
With respect to the inuur- per Paragraph 8.a.(1)above
p provide insurance, but
ance afforded to these addi- only with respect to "bodily
tional insureds,the following injury", "property damage",
exclusions apply: or"personal and advertising
This insurance does not ap-
injury' arising out of
ply to "bodily injury' or (i) Their providing financ-
"property damage" occur- ing or funding to you; or
ring after:
(ii) Premises they own,
1) All work, including ma- maintain or control
terials, parts or equip- while you lease or oc-
ment furnished in con- cupy these premises.
nection with such work,
on the project (other This insurance does not ap-
than service, mainte- ply to structural alterations,
nance or repairs) to be new construction and demo-
performed by or on be- lition operations performed
half of the additional in- by or for that person or or-
sured(s) at the location ganization.
of the covered opera-
tions has been com- (3) The insurance afforded to addi-
tional insureds described in Par-
pleted; or agraph 8.a.(1) of this endorse-
2) That portion of 'your ment:
work" out of which the
(a) Only applies to the extent
injury or damage arises
has been put to its in- permitted by law; and
tended use by any per- (b) Will not be broader than that
son or organization which you are required by
other than another con- the written contract, written
tractor or subcontractor agreement, written permit or
engaged in performing written authorization to pro-
operations for a princi- vide for such additional in-
pal as a part of the sured; and
same project.
(h) Controlling Interest (c) Does not apply to any per-
9 son, organization, vendor,
Any person or organization state, governmental agency
with whom you have agreed or subdivision or political per Paragraph 8.a.(1) of this subdivision, specifically
endorsementas an additional in-
endorsement to provide in- named
under any other pro-
surance, but only with re- suredvision of, or endorsement
out
to their liability arising added to, this Coverage
out of Part, provided such other
(i) Their financial control provision or endorsement
of you; or covers the injury or damage
for which this insurance ap-
(ii) Premises they own plies.
maintain or control
while you lease or oc- b. With respect to the insurance afford-
cupy these premises. ed to the additional insureds de-
scribed in Paragraph 8.a.(1) of this
This insurance does not ap- endorsement, the following is added
ply to structural alterations, to Section III- Limits of Insurance:
new construction and demo-
lition operations performed The most we will pay on behalf of the
by or for that person or or- additional insured is the amount of
ganization. insurance:
(1) Required by the written contract,
written agreement,written permit
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc., with its permission. Page 14 of 23
or written authorization de- tion I - Coverage A - Bodily Injury
scribed in Paragraph 8.a.(1) of And Property Damage Liability:
this endorsement; or
Paragraphs (3) and (4) of this exclu-
(2) Available under the applicable sion do not apply to tools or equip-
Limits of Insurance shown in the ment loaned to you, provided they
Declarations; are not being used to perform opera-
whichever is less.
tions at the time of loss.
This endorsement shall not increase b. With respect to the insurance provid-
the applicable Limits of Insurance ed by this section of the endorse-
shown in the Declarations. ment, the following additional provi-
sions apply:
c. Section IV - Commercial General (1) The Limits of Insurance shown
Liability Conditions is amended to in the Declarations are replaced
include the following: by the limits designated in Sec-
Automatic Additional Insured Pro- tion B. Limits of Insurance, 9.
vision Property Damage to Borrowed
Equipment of this endorsement
This insurance applies only if the with respect to coverage provid-
"bodily injury" or "property damage" ed by this endorsement These
occurs, or the"personal and advertis- limits are inclusive of and not in
ing injury'offense is committed: addition to the limits being re-
placed. The Limits of Insurance
(1) During the policy period; and shown in Section B. Limits of
(2) Subsequent to your execution of Insurance, 9. Property Dam-
the written contract or written age to Borrowed Equipment of
agreement, or the issuance of a this endorsement fix the most
written permit or written authori- we will pay in any one "occur-
zation, described in Paragraph rence" regardless of the number
8.a.(1). of:
d. Section IV - Commercial General (a) Insureds;
Liability Conditions is amended as (b) Claims made or "suits"
follows: brought; or
Condition 5. Other Insurance is (c) Persons or organizations
amended to include: making claims or bringing
Primary and Noncontributory In- "suits".
surance (2) Deductible Clause
This insurance is primary to and will (a) Our obligation to pay dam-
not seek contribution from any other ages on your behalf applies
insurance available to an additional only to the amount of dam-
insured per Paragraph 8.a.(1) of this ages for each "occurrence"
endorsement provided that: which are in excess of the
(1) The additional insured is a Deductible Amount stated in
Named Insured under such oth- Section B. Limits of Insur-
er insurance; and ance, 9. Property Damage
to Borrowed Equipment of
(2) You have agreed in writing in a this endorsement. The limits
contract, agreement, permit or of insurance will not be re-
authorization described in 8.a.(2) duced by the application of
of this endorsement that this in- such Deductible Amount.
surance would be primary and
would not seek contribution from (b) Section IV - Commercial
any other insurance available to General Liability
the additional insured. tions, 2. Duties innhe the
Event of Occurrence, Of-
9. Property Damage to Borrowed Equip- fense, Claim or Suit, ap-
ment plies to each claim or "suit"
irrespective of the amount.
a. The following is added to Exclusion
2.j. Damage to Property under Sec- (c) We may pay any part or all
of the deductible amount to
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc., with its permission. Page 15 of 23
effect settlement of any c. The aircraft does not transport per-
claim or"suit"and, upon no- sons or cargo for a charge.
tification of the action taken, 13. Bodily you shall promptly reim- Y Injury Redefined
burse us for such part of the Section V - Definitions,4. "Bodily injury"
deductible amount as has is replaced by the following:
been paid by us.
10. Employees as Insureds - Specified 4. "Bodily injury' means bodily harm or
injury, sickness, disease, disability,
Health Care Services humiliation, shock, fright, mental an-
Paragraph 2.a.(1)(d) under Section II - guish or mental injury, including care,
Who is an Insured does not apply to: loss of services or death resulting
Your "employees" who provide profes- from any of these at any time.
sional health care services on your behalf 14. Expected or Intended Injury Redefined
as a duly licensed nurse, emergency The last sentence of Exclusion 2.a. Ex-
medical technician or paramedic in the ju- pected or Intended Injury under Sec-
risdiction where an occurrence or of- tion I - Coverage A- Bodily Injury and
fense to which this insurance applies
takes place. Property Damage Liability is replaced
by the following:
11. Broadened Notice of Occurrence This exclusion does not apply to "bodily
Paragraph a. of Condition 2. Duties in injury' or "property damage" resulting
the Event of Occurrence, Offense, from the use of reasonable force to pro-
Claim or Suit under Section IV - Com- tect persons or property.
mercial General Liability Conditions is 15. Former Employees as Insureds
replaced by the following:
a. You must see to it that we are noti- The following is added to Paragraph 2.under Section II-Who is an Insured:
fied as soon as practicable of an "oc-
currence" or an offense which may 2. Each of the following is also an in-
result in a claim. To the extent possi- sured:
ble, notice should include:
Any of your former "employees", di-
(1) How, when and where the "oc- rectors, managers, members, part
currence"or offense took place; ners or "executive officers", including
(2) The names and addresses of but not limited to retired, disabled or
an inured those on leave of absence, but only
y j persons and wit-
nesses; and for acts within the scope of their em-
ployment by you or for duties related
(3) The nature and location of any to the conduct of your business.
injury or damage arising out of
the"occurrence" or offense. 16. Broadened Who is an Insured
This requirement applies only when a. Section II -Who is an Insured, Par-
the "occurrence" or offense is known agraph 2.is amended to include:
to an "authorized representative". 2. Each of the following is also an
12. Nonowned Aircraft insured:
The following is added to Exclusion 2.g. a. Your officials, trustees,
Aircraft, Auto or Watercraft under Sec- board members, insurancemanagers, medical directors
tion I - Coverage A - Bodily Injury and Property Damage Liabilit and administrators while
y acting within the scope of
This exclusion does not apply to an air- their duties as such.
craft you do not own, provided: b. Your students in training
a. The pilot in command holds a current and "not for profit mem-
effective certificate, issued by a duly bers", but only with respects
constituted authority of the United to their liability for duties or
States of America or Canada, desig- activities they perform on
nating that person as a commercial your behalf.
or airline transport pilot; c. Your "independent contrac-
b. The aircraft is rented with a trained, tor" but only with respects to
paid crew; and
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc.,with its permission. Page 16 of 23
their liability for services lation of locks, or the hiring of tempo-
provided to your"client". rary security services as a result of
you or your "employees" losing keys
b. Section IV - Commercial General on your customer's premises.
Liability Conditions, S. Other In-
surance is replaced by the following: (a) The most we will pay is limited
as described in Section B. Lim-
y. Other Insurance its of Insurance, 17. Replace-
This insurance is excess over ment of Customers Keys or
any other valid and collectible Locks of this endorsement.
insurance, including deductible, (b) Our obligation to pay damages
or agreement of indemnity avail- on your behalf applies only to
able to the "independent con- the amount of damages for each
tractor", whether primary, ex- "occurrence" which are in ex-
cess, contingent or on any other cess of the Deductible Amount
basis. Other valid and collectible stated in Section B. Limits of
insurance includes, but is not Insurance, 17. Replacement of
limited to, policies or insurance Customers Keys or Locks of
programs purchased or estab- this endorsement. The limits of
lished by or on behalf of the "in- insurance will not be reduced by
dependent contractor" to insure the application of such deducti-
against liability arising from ac- ble amount.
tivities of the "independent con-
tractor", whether primary, ex- 18. Limited Employee Criminal Defense
cess, contingent, or on any other Expense Coverage
basis.
a. Coverage
c. Section V - Definitions is amended
to include: (1) We will pay defense costs in-
curred by your medical director
1. "Independent contractor" or administrator for criminal pro-
means a social service pro- ceedings arising solely from acts
fessional who you do not in his or her capacity as medical
classify as an "employee", director or administrator for you.
and to whom you refer "cli- However, you must have a prior
ents" or who provide ser- written agreement with the med-
vices to your "clients" on ical director or administrator
your behalf. An "independ- whereby you agree to pay the
ent contractor" does not in- medical director or administrator
clude those performing con- for such defense costs, and the
struction, weatherization, written agreement must include
maintenance and related a provision for repayment by the
services. medical director or administrator
of defense costs in the event of
2. "Not for profit members" a conviction or plea of guilty.
means a person who is a
member of a not-for-profit b. Limits of Insurance
organization, including clubs
and churches, who receives (1) The Limits of Insurance shown
no financial or other com- in Section B. Limits of Insur-
pensation. ance, 18. Limited Employee
Criminal Defense Expense
17. Replacement of Customers Keys or Coverage of this endorsement
Locks is the most we will pay regard-
less of the number of:
Section I - Coverage A - Bodily Injury
And Property Damage Liability, 2. Ex- (a) Insureds;
clusions, j. Damage to Property, (4) is
replaced by the following: (b) Claims, indictments made
or criminal proceedings
(4) Personal property in the care, custo- brought; or
dy, or control of an insured.
(c) Persons or organizations
However, this exclusion does not ap- making claims or bringing
ply to the replacement of keys, ad- criminal proceedings.
justment of locks to accept new keys,
or if required, replacement and instal- (2) The Aggregate Limit shown in
Section B. Limits of Insurance,
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc.,with its permission. Page 17 of 23
18. Limited Employee Criminal (3) Necessary ambulance, hospital,
Defense Expense Coverage of professional nursing and funeral
this endorsement is the most we services.
will pay during the "coverage
term". C. We will pay for reimbursement for
"property damage" to any insured's
(3) Subject to the limit described in personal property sustained from an
(2) above, the Each Criminal "assault"committed:
Proceedings Limit shown in Sec-
tion B. Limits of Insurance, 18. (1) On premises you own or rent;
Limited Employee Criminal
Defense Expense Coverage of (2) in premises of a "client" who is
this endorsement is the most we in your care; or
will pay for covered defense (3) While you are traveling to or
costs arising out of any one from those premises;
criminal proceeding.
because of your operations.
19. Limited Assault Expense Coverage d. Exclusions
a. We will pay medical expenses for
"bodily injury' sustained by any in- Workers' Compensation and Simi-
sured resulting from an "assault" lar Laws
committed: We will not pay expenses to an in-
(1) On premises you own or rent; sured if valid and collectible workers'
compensation coverage is in place or
(2) On premises of a "client" who is is required under a workers' com-
in your care; or pensation or disability benefits law or
(3) While you are traveling to or similar law.
from those premises; e. Limits of Insurance
because of your operations, provid- (1) The Limits of Insurance shown
ed: in Section B. Limits of Insur-
(1) The "bodily injury"takes place in ance, 19. Limited Assault Ex-
the "coverage territory' and dur- pense Coverage of this en-
ing the policy period; dorsement is the most we will
pay regardless of the number of:
(2) The expenses are incurred and
reported to us within 60 days of (a) Claims made; or
the date of the "assault"; (b) Persons or organizations
(3) The injured person submits to making claims.
examination, at our expense, by (2) The Aggregate Limit shown in
physicians of our choice, as of- Section B. Limits of Insurance,
ten as we reasonably require; 19. Limited Assault Expense
and Coverage of this endorsement
(4) The actions of the injured person is the most we will pay duringthe"coverage term".
did not contribute in any way to
the"bodily injury'. (3) Subject to the limit described in
b. We will make these payments re- (2) above,the Each Person Limit
shown in Section B. Limits of
gardless of fault. These payments Insurance, 19. Limited Assault
Expense will not exceed the applicable Limit of se Coverage of this Assault
Insurance stated in Section B.Limits Expen ent is the most we will
en-
of Insurance, 19. Limited Assault pay for all "bodily injury" and
Expense Coverage. will pay "property damage" arising out of
reasonable expenses forr:: any"assault"to any insured.
(1) First aid administered at the time f. Additional Definition
of the"assault";
(2) Necessary medical, surgical, x- For this endorsement only, Section
ray and dental services, includ- V - Definitions is revised to add the ing prosthetic devices; and following definition:
"Assault" means:
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc.,with its permission. Page 18 of 23
(1) Any willful attempt to inflict phys- (c) Persons or organizations making
ical harm on an "employee" by claims or bringing "suits".
someone other than another
"employee" which results in 21. Fellow Employee Coverage
"bodily injury'; or Section 11 - Who is an Insured is
(2) Any willful attempt to inflict amended as follows:
"property damage" on the per- Paragraphs 2.a.(1)(a) and 2.a.(1)(b) are
sonal property of an "employee" replaced by the following:
by someone other than another
"employee". (1) "Bodily injury' or "personal and ad-
20. Limited Rental Lease Agreement Con-
vertising injury":
tractual Liability Coverage (a) To you.
a. Section I - Coverage A - Bodily In- 22. Personal and Advertising Injury Rede-
jury and Property Damage Liabil- fined
ity, 2. Exclusions, b. Contractual
Liability is amended to include the Section V - Definitions, 17. "Personal
following: and advertising injury' is replaced by the
following:
At your request, we will pay on your
behalf damages arising out of"bodily 17. "Personal and advertising injury"
injury' or"property damage" that you means injury, including consequential
are obligated to pay by reason of the "bodily injury", arising out of one or
assumption of liability in a written more of the following offenses:
contract or agreement, that is not an a, False arrest, detention or im-
"insured contract", regarding the prisonment;
rental or lease of premises on behalf
of your"client". b. Malicious prosecution;
This insurance applies only to a rent- c. Abuse of process;
al or lease agreement.
d. The wrongful eviction from,
b. As respects Limited Rental Lease wrongful entry into, or invasion
Agreement Contractual Liability of the right of private occupancy
Coverage,Section IV-Commercial of a room, dwelling or premises
General Liability Conditions, S. that a person occupies, commit-
Other Insurance is replaced by the ted by or on behalf of its owner,
following: landlord or lessor;
This insurance is excess over any e. Oral or written publication, in any
other valid and collectible insurance, manner, of material that slan-
including deductible, or agreement of ders or libels a person or organi-
indemnity available to the "client", zation or disparages a person's
whether primary, excess, contingent or organization's goods, prod-
or on any other basis. ucts or services;
Other valid and collectible insurance f. Oral or written publication, in any
includes, but is not limited to, policies manner, of material that violates
or insurance programs purchased or a person's right of privacy;
established by or on behalf of the
"client" to insure against liability aris- g. The use of another's advertising
ing from activities of the "client", idea in your"advertisement";
whether primary, excess, contingent, h. Infringing upon another's copy-
or on any other basis. right, trade dress or slogan in
c. The Limits of Insurance shown in your"advertisement"; or
Section B. Limits of Insurance, 20. i. Discrimination, based on race,
Limited Rental Lease Agreement color, religion, sex, age or na-
Contractual Liability Coverage fix tional origin, except when:
the most we will pay in any one oc-
currence" regardless of the number (1) Done intentionally by or at
of: the direction of, or with the
(a) Insureds; knowledge or consent of:
(b) Claims made or "suits" brought; (a) Any insured; or
or
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc.,with its permission. Page 19 of 23
(b) Any "executive officer", admission of liability by you
director, stockholder, or by us.
partner or member of
the insured; It shall be your duty, not our
duty, to defend any claim or
(2) Directly or indirectly related "suit" to which this insur-
to the sale, rental, lease or ance applies.
sublease or prospective
sales, rental, lease or sub- No other obligation or liabil-
lease of any room, dwelling ity to pay sums or perform
or premises by or at the di- acts or services is covered.
rection of any insured; or
(b) This insurance applies to
(3) Insurance for such discrimi� "property damage"only if:
nation is prohibited by or 1) The "property damage"
held in violation of law, pub- takes place in the "cov
lic policy, legislation, court erage territory"; and
decision or administrative
ruling. 2) The "property damage"
This coverage does not apply to fines occurs during the policy
period.
or penalties imposed because of dis-
crimination. (2) Exclusions
23. Voluntary Property Damage Coverage This insurance does not apply to
a. Coverage D - Voluntary Property "property damage"that would be
excluded by Coverage A -
Damage Coverage Bodily Injury and Property
Section I - Coverages is amended Damage Liability, 2. Exclu-
to include the following: sions, except for j. Damage to
Property, paragraphs (3), (4),
(1) Insuring Agreement (5) and (6), k. Damage to your
(a) We will pay the cost to re- Product, and I. Damage to
pair or replace "property Your Work.
damage" to property of oth- b. Limits of Insurance and Deducti-
ers arising out of operations bles
incidental to your business
when: For purposes of the coverage provid-
ed by Voluntary Property Damage
1) Damage is caused by Coverage,Section III-Limits of In-
you: or surance is amended to include the
2) Damage occurs while following:
in your possession. (1) The Limits of Insurance shown
in the Declarations are replaced
willyour written request, we by the limits designated in Sec-
wll make this payment re- tion B. Limits of Insurance, 23.
at fault dless
of whether you are Voluntary Property Damage
at fa for the "property Coverage, of this endorsement.
damage". These limits are inclusive of, and
If you, at our request, re- not in addition to,the limits being
place, or make any repairs replaced. The Limits of Insur-
to, damaged property of ance shown in the Schedule fix
others, the amount we will the most we will pay regardless
pay under Voluntary Prop- of the number of:
erty Damage Coverage will
be determined by your ac-
tual cost to replace or repair (b) Claims made or "suits"
the damaged property, ex- brought: or
cluding any profit or over-
head. (c) Persons or organizations
making claims or bringing
Any payment we make un- "suits".
der Voluntary Property Sub ( )
Damage Coverage shall (2) Subject to 3 below, the Volun-
not be interpreted as an tary Property Damage Cover-
age Each Occurrence Limit of
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc.,with its permission. Page 20 of 23
Insurance is the most we will 24. Worldwide Liability Coverage Extension
pay for the sum of damages un-
der Voluntary Property Dam- a. Section I - Coverage A - Bodily Injury
age Coverage because of all And Property Damage Liability, Cover-
"property damage" arising out of age B - Personal And Advertising Inju-
any one "occurrence". ry Liability and Coverage C - Medical
Payments are amended by adding the
(3) The Voluntary Property Dam- following to their insuring agreements:
age Aggregate Limit of Insur-
With
ance is the most we will pay for regard to claims or "suits" brought
the sum of all damages under outside of the territory described in Para-
Voluntary Property Damage graph a. of the definition of"coverage ter-
Coverage. This limit applies ritory":
separately to each "coverage If we are prevented by law or other cir-
term". cumstances we deem beyond our control
(4) Deductible Clause from investigating, settling or defending a
claim or"suit"to which this insurance ap-
(a) Our obligation to pay dam- plies, we will pay you for any reasonable
ages on your behalf applies expenses incurred with our written con-
only to the amount of dam- sent in the investigation,settlement or de-
ages for each "occurrence" fense of said claim or"suit". However
which are in excess of the
Deductible Amount stated (1) The amount we will pay for judg-
for the applicable coverage ments or settlements is limited as
in the Schedule. The limits described in Section III - Limits of
of insurance will not be re- insurance; and
duced by the application of (2) Our duty to pay the reasonable cost
such Deductible Amount. of any investigation and defense
(b) Section IV - Commercial ends when we have used up the ap-
General Liability Condi- plicable limit of insurance in the pay-
tions, 2. Duties in the ment of judgments or settlements
Event of Occurrence, of- under any coverage provided by this
fense, Claim or Suit, ap- Coverage Part.
plies to each claim or "suit" With regard only to claims or "suits"
irrespective of the amount. brought outside of the territory described
(c) We may pay any part or all in Paragraph a. of the definition of"cover-
of the Deductible Amount to age territory":
effect settlement of any If we are prevented by law or other cir-
claim or"suit" and, upon no- cumstances we deem beyond our control
tification of the action taken, from investigating, settling or defending a
you shall promptly reim- claim or"suit"to which this insurance ap-
burse us for such part of the plies, the insured must make or cause to
Deductible Amount as has be made such investigation, defense or
been paid by us. settlement as may be reasonably neces-
c. Definitions sary. However:
For purposes of Voluntary Property (1) All such investigation, defense and
Damage Coverage only, the follow- settlement negotiations must be con-
ing definitions under Section V-Def- ducted under our supervision; and
initions are replaced by the follow- (2) Settlement of a claim or "suit" may
ing: only be made with our prior written
16. "Occurrence" means an incident, authorization.
including continuous or repeated b. Section I - Coverage A - Bodily Injury
exposure to substantially the and Property Damage Liability, 2. Ex-
same general harmful conditions clusions and Coverage B - Personal
that result in "property damage". and Advertising Injury Liability, 2. Ex-
20. "Property damage" means phys- clusions are amended by adding the fol-
ical injury to tangible property. lowing:
"Electronic data" is not tangible This insurance does not apply to:
property, and "property damage"
does not include disappearance, (1) Any liability arising out of the owner-
abstraction or theft. ship, maintenance or use of premises
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc.,with its permission. Page 21 of 23
located outside of the territory de- sured's rights against all
scribed in Paragraph a. of the defini- those other insurers; and
tion of"coverage territory'; or
(2) We will pay only our share
(2) Any liability arising out of operations of the amount of loss, if any,
on the premises described in Para- that exceeds the sum of
graph (1) above or elsewhere which
are necessary or incidental to the (a) The total amount that
ownership, maintenance or use of all such other insurance
those premises; or would pay for the loss
in the absence of this
(3) Any liability arising out of goods or insurance; and
products manufactured or distributed
from any premises described in (1) (b) The total of all deducti-
above. ble and self-insured
amounts under all that
c. Section IV - Commercial General Lia- other insurance.
bility Conditions is amended as follows:
3. The following Conditions are hereby
1. The following is added to Condition added:
2. Duties in the Event of Occur-
rence, Offense, Claim or Suit, but (a) Office of Foreign Assets Con-
only with regard to claims or "suits" trol (OFAC) Compliance
brought outside of the territory de- Whenever insurance coverage
scribed in Paragraph a. of the defini- provided by this endorsement
tion of coverage territory' as modi- would be in violation of any
fied by 24. Worldwide Liability United States economic or trade
Coverage Extension, d.1. sanctions, such insurance cov-
If we are prevented by law or other erage shall be null and void.
circumstances we deem beyond our
control from investigating, settling or (b) Required Insurance
defending a claim or "suit" to which This insurance is not a replace-
this insurance applies, the insured ment for "required insurance".
must make or cause to be made Insureds must conform with all
such investigation, defense or set- laws mandating "required insur-
tlement as may be reasonably nec- ance". An insured's non-
essary. However: compliance with any such law(s)
a. All such investigation, defense shall not abrogate the insurance
provided under this Coverage
and settlement negotiations Part. Nevertheless, our liability in
must be conducted under our the event of an insured's non-
supervision; and compliance with a "required in-
b. Settlement of a claim or "suit" surance" law(s) will be, with re-
may only be made with our prior gard to claims or"suits"to which
written authorization. both this insurance and any"re-
quired insurance" would apply,
2. The following is added to Condition no greater than it would have
S. Other Insurance: been had the insured been in
d. With regard to claims or "suits" compliance
elawith the "required
brought outside of the United
States of America (including its We shall not be liable for nor will
territories and possessions), we pay any fees, fines or penal-
Puerto Rico and Canada, to ties which are the result of an in-
which this insurance applies: sured's noncompliance with any
(1) We will have no duty under "required insurance" law(s).
any coverage of this en- (c) Currency
dorsement to defend the in-
sured against any "suit" if The Limits of Insurance set forth
any other insurer has a duty in the Declarations for this Cov
to defend the insured erage Part are denominated in
against that "suit". If no oth- the currency of the United States
er insurer defends, we will of America (U.S. dollars). Any
undertake to do so, but we payments we make under the
will be entitled to the in- terms of this Coverage Part out-
side of the United States of
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc., with its permission. Page 22 of 23
America in a currency other than when a claim or "suit" is
United States dollars shall be brought), if the injury or
made at the prevailing currency damage arises out of:
exchange rate on the date a set-
tlement is made, a judgment is (1) An "occurrence" or of-
rendered or other payable or in- fense caused by an in-
demnifiable expenses are sured while performing
agreed to by us. duties related to the
conduct of your busi-
In no event shall the total ness and your business
amounts payable or indemnifia- is located within the ter-
ble exceed the Limits of Insur- ritory described in a.
ance in United States currency above; or
for the applicable policy period
of portion thereof. (2) Goods or products
made or sold by you in
d. Additional Definitions the territory described
As respects Worldwide Liability Cover- in a.above.
age Extension, Section V - Definitions 2. The following definition is added:
is amended as follows:
"Required insurance" means any in-
1. Definition 6. "Coverage territory' is surance which an insured is obligat-
replaced by the following: ed to buy from domestic or licensed
6. "Coverage territory'means: insurance companies under the laws
g of any territory, other than the territo-
a. The United States of Ameri- ry described in Paragraph a. of the
ca (including its territories definition of"coverage territory'.
and possessions), Puerto 25. Client Defined
Rico and Canada; or
b. All parts of the world (ex- Section V - Definitions is amended by
cept those where a United adding the following:
States of America Depart- "Client" means a person or organization
ment of State ban is in ef- served by or utilizing the services of your
fect at the time of the "oc- organization.
currence" or offense, or
Includes copyrighted material of Insurance
GA 262 TX 09 17 Services Office, Inc.,with its permission. Page 23 of 23
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON
OR ORGANIZATION (VICARIOUS LIABILITY)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name of Person(s) or Organization(s) (Additional Insured):
City of Fort Worth
200 Texas Street
Fort Worth,TX 76102
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II -Who Is An Insured is amended to If coverage provided to the additional insured
include as an insured the person or organiza- is required by a contract or agreement, the
tion shown in the Schedule, but only with re- most we will pay on behalf of the additional in-
spect to liability caused by your acts or omis- sured is the amount of insurance:
sions.
1. Required by the contract or agreement; or
However, if coverage provided to the addition-
al insured is required by a contract or agree- 2. Available under the applicable Limits of
ment, the insurance afforded to such addition- Insurance shown in the Declarations;
al insured will not be broader than that which whichever is less.
you are required by the contract or agreement
to provide for such additional insured. This endorsement shall not increase the appli-
cable Limits of Insurance shown in the Decla-
B. With respect to the insurance afforded to rations.
these additional insureds, the following is add-
ed to Section III- Limits Of Insurance:
GA 4397 09 17
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Signature: �J.P
Chelsea St Louis(May 19,2022 07:26 CDT)
Email: Chelsea.St.Louis@fortworthtexas.gov