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HomeMy WebLinkAboutAGMT - LAE Associates Inc (Local Roadway Safety Plan (LSRP) Program Management Services)PROFESSIONAL SERVICES AGREEMENT for Local Roadway Safety Plan (LRSP) — Program Management Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 1?1 LAE Associates, Inc. 650 N. Rose Drive, Suite #182 Placentia, CA 92870 (714)993-2840 This Professional Service Agreement ("the Agreement') is made as of January 29, 2021 (the "Effective Date"), by and between LAE Associates, Inc. ("Consultant'), a California corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties'). RECITALS A. City desires certain professional program management services B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to engage Consultant to provide professional program management services in the manner set forth herein and more fully described in Section 1.0. C. Consultant represents that the principal members of its firm are qualified professionals and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services (collectively "Services") set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 2of14 1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance: and in writing. The City ,Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence on January 29, 2021, and shall remain in full force and effect until June 30, 2022, unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Consultant's Compensation 3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $4,890.00 (Four Thousand Eight Hundred Ninety dollars and 00/XX) for the Term. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall .describe in detail the Services rendered during the period, the days worked, number of'hours worked, the hourly rates charged, and the Services performed for eachday in the period. ,City, will pay Consultant within 30 days of receiving Consultant's invoice. City will not`withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents. or representatives to inspect at Consultant's offices during reasonable business hours all records•, invoices, time cards, cost control sheets and other records maintained by.Consultant in connection with,this Agreement. City's rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement: 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultanttbased on reasonable cause, upon giving the other party written notice thereof not lessahan 30 days prior to the date of termination. 3of14 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Fred Alamolhoda is the Consultant's primary representative for purposes of this Agreement. Fred Alamolhoda shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change; its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: LAE.Associates, Inc. 650 N. Rose Drive, Suite #182 Placentia, CA 92870 Attn: Fred Alamolhoda 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant'ssupervision, and Consultant and all of Consultant's personnel; shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will 4of14 determine the means, methods, and details by which Consultant's personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 8.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees, and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 8.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 8.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents 5of14 serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 8.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 9.0 PERS Compliance and Indemnification 9.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 9.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 9.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 10.0 Confidentiality Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 6of14 11.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 12.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 13.0 Inspection and Audit of Records Consultant shallmaintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 13.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 14.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant, shall immediately report to the City any hazardous condition noted by Contractor. 7of14 15:0 Insurance 15.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory'to the City that Consultant has secured all insurance required under this. Section. Consultant shall furnish City with original certificates of insurance and endorsements ,effecting coverage required by this Agreement. on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to 'bind coverage on its behalf, and shall be on forms provided by the City if requested.. All certificates and endorsements shall be received and approved by the Citybefore work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that°may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a currentA.M. Best's 'rating no less than A:VIII, licensed to do business in California, and satisfactory to the City-. Coverage shall be at least as broad as the latest version of the following` (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence. form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto -Coverage form number £A 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability coverages. Consultant shall maintain limits no less 4han. (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation in the amount required by law and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease, and if a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. '15.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City,to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days, prior written notice by certified mail, return receipt requested,, has,been given to the City, (2) any failure to comply with reporting or 'other provisions of the ,policies, including breaches of warranties, shall not affectcoverage provided to the City, its directors, officials, officers, (3) coverage 'shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, 8 of 14 officers, employees; agents and volunteers shall be excess of the Consultant's insurance.and shall not be called upon to contribute with it, (4) for general liability insurance; that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insuredswith respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work, and (5) for automobile liability, that the City, its directors; officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 15.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant; guarantees that, at the option of the City, either: (1) 'the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents; and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related' investigation costs, claims and administrative and defense expenses. 16.0 Indemnification, Hold Harmless, and Duty to Defend Consultant and the City agree that the City, its elected officials, officers, attorneys, .agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees in this Section 16.0) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense; attorneys' fees; litigation costs, defense costs, courtcosts and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly; the provisions of this indemnity provision are intended by the Parties to be interpreted 'and construed to provide the fullest protection possible under the law to the City and all other Indemnitees. Consultant :acknowledges that. the City would not have entered into this Agreement in the absence of the commitment of Consultant to indemnify and protectthe City and the other Indemnitees, as set forth in this Agreement. 16.1. Indemnity for Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost,and expense, defend, indemnify and hold harmless the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0), from and against any and all damages, costs, expenses, 9of14 liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services: under this Agreement. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16.2. Other Indemnitees. Other than in the performance of professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and "other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal .liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultanf shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out 10 of 14 of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 16.4. The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Consultant's indemnity obligation set forth in this Section 16,0 shall not be limited by the limits of any policies of insurance required or provided by Consultant pursuant to this Agreement. 16.5. Consultant's covenants under this Section 16.0 shall survive the expiration or termination of this Agreement. 17.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 18.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 19.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 11 of 14 20.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 21.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 22.0 Governing Law This Agreement shall be governedby and construed in accordance with the laws of the State of California. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 24.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 25.0 Prohibited Interests; Conflict of Interest 25.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with ; the performance of the Services. Consultant shall not accept any employment„orrepresentation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 25.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working 12 of 14 exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 25:3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual,. non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that,if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 26.0 Attorneys' Fees If either party commences an action against the other party, either ;legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 27.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the .Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 28.0 Corporate'Authority The person executing this Agreement on behalf of Consultant warrants that,he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 13 of 14 CITY OF SEAL BEACH CONSULTANT: LAE Associates, Inc., a California corporation By:`— By: ti St er, Name: rafkaj)dIdI&VOLAIDd Director of Public Works Its: eE�ir By: saw,e�(,fuda Attest: �%, ���Name:—Fa,1Lhoda M Q Approved as to Form: By: Cr4ifi . Steele, City Attorney ase note, two signatures (required corporations pursuant to California 'Corporations Code Section 3,13 from each of the following categories: (i) the chairperson of the board, the president orany vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) EXHIBIT A Consultant's Scope of Work Associates, Inc. January 7, 2021 Mr. Steve Myrter, P.E. Director of Public: Works/City Engineer Department of'Public Works City of Seal Beach City Hall— 211 Eighth Street Seal Beach, CA 90740 PROJECT- CONSTRUCTION -PROGRAM MANAGEMENT City Services• StaffAugmentation Capital Project Planning, • Transportation Funding Strategies Caltrans Local Assistance Services Attention: Ms. Iris Lee, Deputy Public Works Director/City Engineer SUBJECT: PROPOSAL TO, PROVIDEPROGRAM MANAGEMENT SERVICES FOR THE LOCAL ROADWAY SAFETY PLAN (LRSP) Dear Mr. Myrter Thank you for requesting LAE Associates, Inc. (LAE) to assist the City of Seal Beach (City) with the Program Management of the City's recently awarded LRSP funds. LRSP funds will be used to conduct an analysis of crash data that will identify the most effective countermeasure to reduce collisions In the city. The total project budget to prepare the Safety Plan is $50,000, with $40,000 of LRSP Funds and $10,000 of Local Funds. Scope of Services: We will review the LRSP Funding Application and the Guidelines for the.Program. The General Guide for Implementing LRSP Projects, updated on October 28, 2019) will also be used. In addition to the applicable provisions of the Caltrans (CT) Local Assistance Procedures Manual (LAPM), we will assist the City to follow the implementation steps listed in the General Guide for Implementing LRSP Projects. The following services will be provided: a) Preparation of documents to obtain project and Advantage ID numbers from Caltrans. b) Project ManagementAssistance. c) Preparation of the Allocation Request and the.Finance Letter. d) Assist with the Execution of Program Supplement Agreement. e) Preparation of the Requests for Proposals (RFP) for the preparation of the LRSP in accordance with the LAPM guidelines. 0 Reimbursement from CT. g) Final Report of Expenditures. 650 N. Rose Drive, #182, Placentia, CA 92870 (714)993-2840 We estimate our fee to provide these services to be as follows: Thank you for providing the opportunity questions, please contact me FredA@LAFassociates.com.. Sincerely, Fred Alamolhoda, P.E. President to submit this proposal. Should you have any at (714) '993-2840 or email me at Page 2 of 2 Program Manager at$140/Hr, 24 $3,360 Jr. Engineering Aide/Admin. Assistant at $70/Hr. 6 $420 Principal -fin -Charge at°;$185/1-lr. 6 $1,110 Total Fee $4,890 Thank you for providing the opportunity questions, please contact me FredA@LAFassociates.com.. Sincerely, Fred Alamolhoda, P.E. President to submit this proposal. Should you have any at (714) '993-2840 or email me at Page 2 of 2 EXHIBIT B TERMS FOR'COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This -Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement- is subject to (a) Chapter'1 and (b) the rules and regulations established by the Department of Industeial.Relations ("DIR") implementing such statutes. Therefore, as to those Services that are ''public'works"; Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such, specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with. California Labor Code Section 1725.5, and has provided proof of registration to, City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and _subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code ;Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of'per diem wages foreach craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt' of a"copy of'the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply 'with and be bound by the provisions of Labor Code; Sections 1774 and 1775 concerning the paymentof prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00'foreach calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the; DIR for the. work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7' Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 17:76; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant:shall comply with and be bound by the provisions of Labor Code Sections 1777.5, '1777.6 and 1777:7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall 'be responsible for compliance with these .aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement; Consultant and each of its subcontractors shall submit to City a verified statement of the1ourneyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to ,California Labor Code .Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not; be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777:1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes ,debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by 'Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City,, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar 'week in violationof the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuantto Labor Code Section 1815, work performed by employees of Consultant in excess of eight' hours per day, and 140 hours during any one week shall be permitted upon public work upon compensation for all hours worked' in excess of eight hours per day at not less than one and one-half times the 6asic'rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required'to;secure the payment of compensation to its employees. In accordance with the provisions of California Labor Cone Section 1861, Consultant hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the .provisions of that code, and 1 will comply, with such provisions before commencing the performance of the work of this, contract." Aeo � CERTIFIG4TE OF LIABILITY INSURANCE DATE (MMIDO/YYYY) 11/23/2020 THIS CERTIFICATE IS.ISSUED'AS'At MATTER' OF'INFORMATION.ONLY 'AND CONFERS. NO RIGHTS UPON THE CERTIFICATE HOLDER. TII FICATE. DOES NOT AFFIRMATIVELY OR NEGATIVELY'AM END, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE -&ES,NOT S.LOW: THIS,CERTIFICATEAFtINSURANCE POLIq EBE CONSTITUTE 0, CONTRACT BETWEEN THE ISSUING INSURER(S); AUTHORIZED REPRESENTATIVE'OR PRODUCER, AND THE :CER7IFICATE HOLDER. IMPORTANT If the. certificateholders an. ADDITIONAL INSURE0,11he policy(les) must be endorsed. if SUBROGAT10NIS WAIVED, s and conditions of the policy, ceain"policies may require. an'_endorsement., A statement on,this certificate does not subject to;tke termrt confer rights: to the certificate, holder in lieu of such endorsement(s). 'PRODUCER CONTACT CHESAPEAKE INS SERVICES„INC/PHS' 72253215 NAME(866)467-8730 PHONE... (AIL, No, Exq: FAX (888) 4436112 (AX, No): Tne'Hartford Business Service Center E-MAIL 3600Wiseman Blvd San Antonio, TX 78251 ADDRESS: INSURER(S)AFFORDINGCOVERAGE NAIC* LAlM XIX OCCUR f —1— 1 'INSURED INSURER A.: Sentinel Insurance Company Ltd. 11000 LOCAL. AGENCY ENGINEERING ASSOCIATES INC 650 N'ROSE DR Property and Casualty Insurance Company 34690 INSURER B:. of. Hartford 'PLACENTIA CA 92870-7513 INSURER C. Hartford' Accident and Indemnity Company 22357 INSURER D't X' General Liability INSURER E: - INSURER F: COVERAGES. - CERTIFICATE'. NUMBER: REVISION NUMBER: THAVE BEENISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD THIS ISO,CERTIFY THAT THE POLICIES OF INSURANCE ESTED BELOW INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERMOR CONDITION OF ANY CONTRACT OR'OTHER DOCUMENT WITH RESPECT TO VuHICH THIS CERTIFICATE MAY,BEI ISSUED OR,MAY PERTAIN,. THE INSURANCE AFFORDIED.BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM$,EXCLUSIONS AND CONDITIONS OF SUCH -POLICIES..LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS LTR TYPE ADDL INSR SUER VWD POLICY NUMBER 'POLICY EFF (MMIDD"YY' POLICY EXP MMMONYYY LIMITS COMMERCIACGENERAL LIABILITY EACH OCCURRENCE $1,000,000 LAlM XIX OCCUR f —1— 1 DAMAOE TO RENTED $1,000,000 PREMISES IEe occumnca MED EYE EDv one person) $10,000 X' General Liability A 72 SBM UU2333 06/012020 06/012021 PERSONAL S ADV NJJRY $1,000,000 GEN 'L AGGREGATE LIMIT APPLIES PEP. GENERAL AGGREGATE' $2,000,000 POLICY -ErT 1:1. Fx] UOC PRODUCTS -COMPIOPAOG $2,000,000 OTHER: AUTOMOBILE LIABILITY ' COMBINED SINGLE LIMB' $1,000,000 BODILY INJURY (Per prion) X- ANY AUTO C ALL OWNED SCHEDULED AUTO'3 AUTOS 72 LEC JH2792 06/012020 (36101 f2021 BODILv nv,nlRv (Par arcidanp PROPERTY DoVAGE (Par acddenq HIRED NON=OWNED X' AUTOS X AUTOS .UMBRELLA LIAR X OCCUR EgrH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 A EXCESS LIAR CLAIMS- MADE 72 SBM UU2333 06/012020 06/012021 E” X FETENTTON$.'10,000 WORKERS COMPENSATION'S AND EMPLOYERS_ILIAB.ILITY X FOR OTH- <TATUTE R E.L. EAOIACCIDENT $1,000,000 ANY - YM B PPCFRIETOPr APTN_ER,EXECUTIVE OFFICEFUMEMBER EXCLLDED9 NIA X' 72,WEC AJOYFO 12/012020 12/012021 EL. DIGEAGE-EA EMPLOYEE $1,000,000 ELDISEASE- POLICY LIMIT $1,000,000 (Mandatory, In NH). lys"'dex"Do under DESCRIPTION OF OPERATIONS below DESCRIPr1ON OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101: Additional Remads Schedule, maybe attached If more space is required) .Those usual, to the Insured'e Operations.. Blanket Waiver; of.Subrogetion-applies in favor of the Certificate Holder per the Waiver of Our Right to Recover from Others:Endorsement WC000313,.attached to this. policy, .CERTIFICATE HOLDER CANCELLATION City of SealBeach Aire .Ins Lee City Engineer' 2118TH ST 'SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 'BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATNE SEAL BEACH' CA 90.740-6305 U.icB'�r cc ®.1988-2015 ACORD CORPORATION. All rights reserved. 'ACORD 25 (2016103) The ACORD'hame and logo areregistered marks of ACORD' ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMADD .THIS CERTIFICATE IS ISSUED'ASA'MATTER OF i INFORMATION ONLYAND CONFERS THE CERTIFICATE HOLDER.'THIS _. ,. _ .,NO RIGHTS UPON: . CERTIFI_CATEDOES NOTAFFIRMATVELYOR NEGATIVELYAMEND, -EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIgES BELOW THIS CERTIFICATE OF INSURANCE. DOES NOT CONSTITUTE A'CONTRACT.BETWEEN THE ISSUING INSURER(S),-AUTHORIZED. REPRESENTATIVE OR PRODUCER,'ANO THE CERTIFICATE HOLDER. - IMPORTANT Ifthe certificate holder, Ism ADDITIONAL INSURED„ the policypes)'musthave' ADDITIONAL INSURED provisions or beendorsed. _. .. D: -. ,.,, ,. -. - ITSUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poilctes may requTo m endorse_ m_ .. statementon_ ... this certificate, does' not confer rights to the certificate holder in lieu of suchendorsement(s). 'PRODUCER CONTACT Yolanda Smith NAME: Chesapeakelnsurance'$ervices'Inc PNONE (818)898-1043 A - (818 89B-1643 EIII( ) A1C No :, ).___'_. CA License: 0799383 - A L ADDRESS: IWURER(S)AFFORDING COVERAGE NAIC';1' 15501;5 F Mission Blvd., #300 INSUiERA i U.S. Specialty Insurance 'Mission Hills CA .91345-1359. INSURED .INSURER B LAE Associates, Inc INSUREFI C ;INsiwE 2 650 N Rose Drive; #182, Nii= E : Placentia CA 9.2870 INSURER F i COVERAGESCERTIFICATE NUMBER:' 20/21;(M) E&O Only REVISION NUMBER: THIS IS TO CERTIFY THAT THEP,OLICIES OF, INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSU RED NAMED ABOVE FORTHE POLICY PERIOD INDICATED- NOTTHSTANDINGANYREQUIREMENT, TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT,WWH WI TH'RESPECT TO ICH THIS 'CERTIFICATE MAY BE ISSUED OR MAYPERTAIN,THE INSURANCE AFFORDED BY- THE IPOLICIES '.DESCRIBED HER EINJS'SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES, LIMITSSHOWNMAY: HAVE BEEN REDUCED BY PAID CLAIMS. _CY LTR :r PE OF INSURANCE NSD IsIvD POUCYNUMBER IYVY MMICOY) E MMR1Df/YYfl F. LIMITS COMMERCIAL GENERAL UABILnY' . -. EACH OCCURRENCE %' CLNMSMADE F ocmp :pREMISESOEa ocm enieV S' MEDEXPIArydneoersoni. $ PERSONAL& ADV. INJURY' 4; -EN'LAGGREGATELIMITAPFLIESPFR: GENERAL AGGREGATE $' POLip� JE F—] LOC (PRODUCTS-COMPIOPAGG 8'. $ OTHER. ' `AUIOMOSILE LIABILITY. -(Ea COMBNED SINGLE LINIIT $ accident) - BODILY INJURY (Per 0-.s ) S ANYAIITO, _ OIANED' :SCHEDULED- AUTOSONI.Y 'AUTOS BODILY INJURY, (Per accident] 4 HIRED NON OWNED AUTOS ONLY :'AUTOS ONLY PROPEP.TY: DAMAGE ,$ Per accdant " UMBRELLA UAB OCCUR EACH OCCURRENCE' 4 AGGREGATE $ EXCESS LIAB OLAIMSMADE :DED•.. RErEMI ONS$ $ " WOWERS COMPENSATION IrPER I0TH ANDEMPLCYERS',LIABIUTY YIN STAIHTE ER-' iEL. EACH ACCIDENT fg ANYPROPRIETOR/PARTNERIFXECIMVE ❑ 014`i ERIMEMEER EXCLUDED?, NIA DISEASE -EA EMPLOYEE '£ (MantlMory.In NMEL: under EL:'DISEASE -POLICY LIMIT :$ DESCBes[dds DESCRIPTION OF OFERATIONSd+IiJi A E&O ArchiteU'&EngiBeers USS 2030872 0610112020 0610112021 Limits: Deductible: $2;000,000/PecClaim $1510W $2,000,000/Aggregate !DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES, (ACORD 101; Additional RemarNs Schedule, maybe attached ifmore space is reWireep CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights -reserved. ACORD 25 (2016/03), The ACORD name and logo are registered marks of ACORD SHOULD ANY OF, THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF; NOTICE WILLBE DELIVERED IN Ciryuf Seal Beach ACCORDANCE WITH THE POLICY PROVISIONS. Iris Lee, City Engineer AUTHORIZED REPRESENTATIVE 2111 Eight Street 'SeallBeach CA 90740 Y ©1988-2015 ACORD CORPORATION. All rights -reserved. ACORD 25 (2016/03), The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF`O.0 R RIGHT TO RECOVER FROM OTHERSINDORSEMENT - CALIFORNIA Policy Number:'72W,EC AJOYFO Endorsement Number: Effective Date 12201'/20 Effective hour isthe same as stated on the, Information Page of the policy. Named Insured and Address: Local Agency Engineering Assoc 650`N ROSE DR PLACENTIA CA 92870 We have the right to recover our payments fromanyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the. Schedule.. (This agreement applies only to the extent that you perform Work under a.written contractthat`requires you to obtain this agreement from us.) You must maintain payroll records accuratelysegregating the remuneration of your employees while engaged in the work described {inthe Schedule. The additional, premium'for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such`remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contractor agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form.WC 04 0306 (1) Printed in U.S.A. Process Date: 11/05/20 Policy Expiration Date: 12/01/21 Oolicy,#': 72S.BM,UU2333 BUSINESS . IIAOILITY COV,.ERAGE,'PORM FohIn W'00bi;04 06 D'F'created mft- - ci C� �OTrlve. Hartford P with pd a com QUICK REFERENCE BU31tdE93-LIABILITY COVERAOE;.FORM READ Y.QURPOLICY.CAREFULLY BUSINESS'LIABILITY'COVERAGE FORMBeginning on: Page A., :COVERAGES t , +Buslness;Liatilllty 1 ;3i :Medicai'Upenses 2 4; Coverage Eztensioo-- Supplementary.Payments 2 B: EXCLUSIONS a C :WHW!§S AN INSURED 10 �D 'LIABILITrYrAND'MEDICAL::EXPENSES 16 48. LIMIT! bb' HNSURANCE 14 E. LIABILITY;ANDiMEDICAL,EXPENSES':6ENERAL.CONDITIONS 16 1. 'Bankruptcy 1-11-111 15 , : Duties In The iEvent Of Occurrence, Offense, Claim Or Suitt 15 ;3i iFinancial Responsibility Laws 16 4; L'egal;Actlon Against Us 16 .5, Separa 06 Of Ifisureds 16 6. Represerrtations 16 J. Other Insuranee 16 48. Transfer,Of Rignts:Of Recovery Against'; Others To Us. 17 .F:;OPTIONAL.ADDITIONAL,JNSUREU'COVERA6ES 18 AdditionaHnsureds 18 ,G: LIABILITY AND MEDICAL EXPENSES.DEFINITIO.NS 20 "I' v PDF crea a wltt actor .Inal vec�ion www?pdffactoryscom, ABODE `F-G'R, I J BUSINESS COVERAGE FORM Varioris provisions m this, licy-r6stN666J6rade, Re'adthe-entre ,�y-lif�indd�'Uch6nde-rS6ctioiiC. -M5 lsA64hsltiniid' 7h, "tilsured" meanszany:person'or organizationa s Other words and phrases inat appear in -quotation n`ariks have' specameaning. Refer io�,Sidiow'd -;dllity ;Ahd Medical,E'xpe-n"s'e's'�D'e'rin'iti'o"ns' A. COVERAGES A;SSLlAdiUwy �8(!SlihE-- �(�q%( -( 2. -- ­­­,_­_­ COVERAGE INJURY,, PROPERTY DAMAGE, PERSONAL ADVERTISING INJURY)` a. We�will payrthose'sums that the :insured. j2Y -ellcn; investigWe any ,ns6 and settle any resu�C But':' 3,Aen lidtit of 6. No{btt,i6r.obli6atiori,or iability4o py,sums or pertomt cw,6r_s`ervio6S lisPoverid. uniiii Coverage explicitly Provided for under Extension --Supplenierii6ry Pa'yrrnts. bT-1h.is in�sura11n.ce- Iapplies: 1),.To "bodily injury" and "properly damage" only ,i(: Fbrrn:S'S'06 08'0`4 06 15ijrheMartford C V OPF'created with.-pofFactory trial4ersion wwAcNa com 0),The, "bodily. -injuir' ,y, or -property prnagq As ",ppspo by an loccufferk&" thal4hkesplk e in:tfie coverage , . � . mt: - , " te, o'lyl; (b) The -bodO injury,' ' '-- "'orpribpty danage"ocu� during the­polic y period, and.. or occur -red. , then. iany.'-continuitko'n, change ',or,,,resumption, V, such -'&odily, njurv",or.!'pri6perty-damaoe7 know ,(2) committed' in ornrnittjj&7jh the. F66Vera&L7j'6jhtbf_y: during lho,'pol k(?y p property, wiI'be amage odily.Anjury or 'd 'I 6er2L' -to- have beam. Known" to: 'have occurred at the,'6bilikt tline when, any listed under'Paragrap C. — Who Is An Insured _drfny, 'employee" outhoriked by you to 4i,�oaor, ��6biv6, riotioo (1) Report , s all, of, any part, 'of the _bodily: "y or, properltyclair�d`g�e'� to us, or a ,llar ,_ rylo. I r. n-sure'r; Page .1414 BUSINESS i LtABIUTGCOVERAG E',FORM (2): Receives a wniten or,".Jerbal demai R or e. 'JncideotabMedicel.Malpiactice (1), 'Bodily injury arising oufl of ¢ ICIIIJGIIIIy: Vr�UI. fQIIUIG lu �'It 2. MEDIC Insuring; Agreement,'• an rt (a) Trie pilysivail, , qui or to not J. We will pay medical expenses as described below: for "oodoy injury" 'caused' by an accident" (1I On premises you own or, rent;- (2); lOn ways next to.premises you -own or rentor f9); Deceuac of you r,operetioria; j1)."Tuhe accident takes'- place: irr the "'cov'erage territory" :and during the t2)` 'Thp PYnpnCA4 'Orp mnurrpd and repoded.to;us witniri"'three years of4tle (3)The Injured' person submits' to, A6xamination; at our expense; by physician" f OOP'Choice aS,Ofien"as'we roaeonably require. b. We willimake these':paymentsiregardless bf fault" These payments will;not�exceed'the apitilioablel imit'bfLinsurance: We. will pay reaso naGle' eitpenses'for.' (1) First aidradministered at the=time`of'an accident; (2j Necessary medical, surgical , x-fay•and d64ml sprJicps,. including prnsthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 3: ,COVERAGE EXTENSION.- 2SUFFUEknERf i AkY FA rALNIS a We will pay, with respect to any claim or rsiut'i we investigate ofsettie, or"any"suit" against an insured we -defend (1) All expenses we incur. (2) UN'Lu $1 000 fin'theii Uof, bail but.. s t.. required because of accidents or traffic law violations arisiifg` out of the use of any',vehicW to which] Business Liability Coverage for "bodily injury" applies. We do.not.have to furnish these bonds. (3) Tile L:pst Lit appearuunus.ur uunus-Lo release attachments', but', only, for bond amounts' within the appiicatile'limit, of insurance' .We�do not have to fumis_h the_se'aonds: (4j At] 'reasonable.expensesincurred bythe insured at 6d requesi to assist us irrthe investigation or defense of the claim or: "suit"; including -actual loss of earnings up to $500 a' day because of timeoff from work:. (e) All costs laxed against the insured in the "suit". (6) Prejudgment interest awarded against the insured on.lhai pad,ofthe'judgment we pay. If we make an offer to pay the applicable limit.uf•insurance, we will.not pay any prejudgment; interest based on that period of time after the offer. (7)' All interest on the. full amount of :any judgment that accrues after enfry.of the judgment and before we have paid, offered to'pay,_or deposited in court the part,of the, iudomentl that is within the applicable, limit of insurance. Any amounts paid under (i) through (7) above will not reduce the limits of insurance: Pae of: 4 ForinSS 00 08 04 05 PpF cre g wit pdfFactory trial version.www"t dffact6ryfcoin' llb:.lfi.yie�,d6f6d ari!ingured'aga'iniQa: "Suit' I ' 4'su'Ved isigisd narnea. as .a',pany 10 defend that indemnitees if 7all hf the W!9 condi orisJ9`re'irn-ei: (1)I The "suit''� against the, Indemnitee (3) (4)1: '(4 BU.81NESS.L,IA.B,IUT,Y,'!PgYERAqIE;F,ORM 1. Aonlicable To Business W66WC , overacie a. -(a) Agreeslih-4itiflo to,expected ;or -intended, from the ti)Codp<ir�qtci. with vp in .010 standpoint„,,of then insured. - 'This --' t 6x6iusi6n . does,,noi aapply o "b6diti investigati'settlement or w , Zjef6nse�61` injury or, 0operty amage"-roultil '6 'able .1 _.� "_ - - - I 1 4� tl­ i�e use 6 i idibe J6 (ii) immediately4se'rid- us copies _demands, .- I -eCt ", persons son1- props'orproperty;-or of' any notices, - &A andiad ve disi n-g[njuy ansing (2) 'Pe's sunoonses, or legal papers 1e0ith - ' - - 6 _­ "'Of.an offeqse,c6Tm!ftec1 by.,kthe_ the' direction of, 6r with =the Aconsbrit or - �,_ L” -. acquiescence,,,.of; iWilifWidkh'.Itfte (u1).Nlotffy ky other insurer expectation of-Inflictibd- 2pidrsonal :and whose coverage isavaiable 'ni adver[iSing1hjUF)(,,'. totfi;'i - ride-rn, tee , :and b. ContractualLiability Cooperate„ with us With resoed','tb coordinating, other M,'"Rodily app-i-ici&:insiurin6e- 9Va ilaole (2) "Pers&al`iiha advertising injury" io I ' _Pe,inJ', emn.itlee:.a.nd - -ri fowhich the -.insured i is OtAigated to pay (b) Providesus with wrltten da�mages.6y revi�.oijfie,assuopti6ri of auiljorizaiion•w- lia6iifty�fln a.ccniiaccori'adreement: (i)' ObWen* r_Q-Coirdc and.other This lexclu-silob 4 infoirriati on related to the . �6�..Nrriages * ause ol: --g- I suit'and (a) "Bodily injury", 7property,Aarnage"' (h) Conduct. ;and control the or "personal ancl adver"ng,lr�jur,-y" aet se -4 theih6rnnitee in that'the fnsured�woufdlhave, In: the such- suit"i (Asence of the contract or F.oPage 3 6f,24. PDF eWA pOfFa 01661version WWW.,pdffaCtOU=M I BUSINESS, LtABIL'ITY COVERAGE.FORM (i)' Ual (ii)Such attomeys fees and litigation ,expenses'_,are 'nor Mow of that party against a civil or alternative dispute y. Liquor Liability "Bodily Injury • 'or "property damage",,for which' any' insured may; beheld liable reason of (1j Causing, or contributing to the. intovicaficn,}o(,any Terson;_ (2), The'. he furnishing of alcoholic beverages to 'a person under the legal drinking age,or underthei influence'cf:alcohol; or (3) ,Any statute; ordinance! or regulation relating io the sale gift distribution or use of aiconouaneverages: This exclusion applies onlyif you•are'in;the ,business: of ,manufacturing;. Ydistributing,; selling, serving' or furnishing alcoholic d. Workers' compensation And ;Similar obligatl6h of the insured' uride$ law or p_ 'Emhiriy`ai!.e; r_iaf+ility (1)' _An employee of'the'insured arising ou!w and'in the�course of: .(a) Employment by the insured,, or (b) Performing duties related to the conduct of the insured's business.' or (2)' the spouse; chiid,4parent, brother or sister of that, 'employee" as a consequence of This exclusion applies: (1). Whot[ior.tho. inoured-may be liable as an employer of in any other capacity; and (2) To, any obligationto share damages with or repay someone else who must pay damages'because of the injury. This exclusion. does not -apply to liability assumed by.the insured under an "insured contract"- _ f. Pollution (1) "Bodily injury", "property damage" or "porsonal :and adaoitising injury/' arising :out of the Iactual, alleged or threatened. 'discharge, dispersal, seepage, migration! release or escape oP"pollutants": -(a); At or from anyi premises, site or location .whiah in or w at any time owned or, occupied by, or rented sor loaned to. any.'insu'red. However,•this subparagraph does not applyto (i) "Bodily injury" if' sustained within'abuildii-Q and L uacd by smoke, funnies; vapor or soot produced al, or originating from equipment that is used to )feat; cool or dehumidify the°building, or, equipment Nat is used to heat water fr r pe. onQl use, by the building's occupants or their guests; (ii). "Bodily injury" or "property damage" for which you may be held. liable; if you are a contractor and tho ownor or lessee of such premises, she or location has�been added to your policy as • an additional insured with respect to, your ongoing operations performed for Ittat additional insured at that premises, site or location and such premises,; site; or location is no0nd never was owned or occupied by. or rented or loaned to, 7any `insured, other than that additional insured; or Page' OV4 Forin SS 00 08'04 05 PDF creae.wlt�i pdfFactory trial version wwm!r5dffactorv:com`. linj,vr,y. or "property damage" arising out of'heal, sni6ke.', or turnes 't-rorn 'a (4) AI.;or,frorn-;any premises; site. or . .1 6.) Which h are,:or, were -at any, time franspoked, 6andled. stored, treated; digposed W, or processed ."- I'll lb,or-, .- I . s awastesfor: (iji, Any in'iuie -q,--or (ii) Any ,`pe noin4orofganizationjor you may ba -Ieg 3! 1y; (d),AII,or from,,any�prernises;,site or location on WnIcri any -insunea, or I%. r - or or atly,,.Qn are; if 6e, -(nor to dive in' ontractor or wevef, this )t---apply.to: quf�'Ur kliv lubricants, or, fluids which perform; the fbncilions 0 �fion of zptla . or its Is, lubric4ints atind- fluids vehicle part Id, Istolf'. or ,or Orm 08 06 A A, dFactory trial version wwocIffactory.cM PDF Jlmte 8 P RA BUS INESS' LIABILITY 'COVERAGEFORM (e) .released 'as part of ''the; . ;operations .... 6eing'.- performed,, oy'sucwinsurea. contractor,or -subcontractor, '(flj Tody:injuqe- or, "property 6 �sustained ,,w Min 6 M-2 lbuildnoand'�­" ca 6v tfie or lingout ql)i - 6,t' fumes 'T�nn o -F a (2) Any los , S;> co , svor expense arising out Of ,a any:. Reque?ti'46fftand; orderor I - — - , I I - (b) Clairiiorguift!-k governmen6i clamadklb�� monitoring, I removing;: (x cletoxifying Or an v -wavr R assessing t .pollutants". 6n,6otiwr, c4-2 wionty, ffoi of teistir�r, for; I -, I ., 1, - �arung Mp, ng treating, tralf2lr0 or in Ano to.. or eff6cAg' df; pafdi 5 0"f"24- BUSINESS LIABIU7YCOVERAGE'F.ORM g:_ Aircraft,,Auto''ArWaterc_raif (,i j; 'Alwalercrafb while;ashnre on.premises you;own or -rent;, (2)r-A;wateicraft you dofiot.owbItha't is: (a) Less than 51 feetlong; and (b) Not being,used,to' carry persons for a -charge: (3)' ParYung.an "autocin-:or<orilhe ways Fvileedir-tiphre emiseorrent,auto',' is.notrowned by.or oaned'to you or the'insured: (4}. liabthty,'assumed .under any, "insured 'wlitlafii' rvo t`IQ VwIIVIJ IIp, maintenance 'or use of aircraft or �waterc(aft; (5)"Bodily injury or ?property, damage' ansirig out'of the opeiation of: any,of the eguipinent listed'; m Paragraph ,r.t2) ,or' i;(s) of me ;cepnnron of Mobile'@guipment "RMiiy injury" 'nr' "pmpi.rty rlamadri' M)I edor to any Pane, of. PDF=crIe wlt�i,pdfFactory trial version www:'i,dffactoiv,com (2) The use of "mobile equipment' in'„or while in pracfice or, pieparation for; a prearranged racing, , speed_ or de rnolition contest or In any' stunting activity. L War "Bodily injury”; "property; damage" or "narvnnal and arivariicinp :Injury",. hnurovrtr caused, arising; directly or indirectly, out of (1) War, including undeclared or:civil'war; (2) Warlike action..byi a, military force, including :action lin hindering or defending against, an actual' or expeaea atracK,,ny any government, sovereign or other authority using military personnel o�'other agents, or (3) Insurrection, rebellion, revolution, usurped power; oi action taken by governmental authonty;_ n. hindering or Professional,Sewices { "Bodily injury'; "property damage" or "personal and advertising injury" arising out,of.the rendering of or failure to render (1) Legal, accounting or advertising services; (2)' Preparing, approving, or failing to prepare or approve maps, shop drawings,-opinio ,: -reports,. aur✓eya, field orders,. changes orders, desigins or drawings and specifications; 0) Supervisory, inspection, architectural or engineering activities; (4) 'Medical, surgical, , dental, x-ray or nursing "services treatment, advice or instruction; (5) Any health or therapeutic service treatment, advice or instruction; (6) Any service, treatment, advice or inotruolion for tho purp000 of appearance or skin enhancement, hair removal 'or rboacemerit or personal grooming; (7) Optical or hearing aid services including the prescribing, preparation, .fitting,.demonatration or distribution of ophthalmic lenses and similar products or heating aid devices; Forin SS 00 0804 05 K. (8)-:Optoinetry or optometric services• iiictuding tial not- li rated to examination Jos trie- ;eyes` and. 'the' press iping, preparation, fRfing,demonstraWn gr tlistdtiutiorr of,", 'o0 lenses ;and similar',prodds (Q? ,Any,.,: f(w). fituly "�igrriino tnm- innlurlino war piercing); tb) Tattooing;- including but not limited to the insertieii of pgments into or'.under'lfie skip; aril (c) sirnu_aiservices 610yt ervlces ihithe,practice:of,pharmacy; ,and (11 }'Computer cons'uking,, .design of programming services including web, ;site'desian: Para gra pfi§;(4)!and;(6) of this exclusion do }not apply.`to. the Incidental Medicai Malpractice ;coverage:' afforiii4 under Paragraph 1 e_ in Section A ,- Coverages. (2) Premises' tyou. sell, :give 'a;vay or abandon if the ._proberry daniaoe apses out.of any part of.those premises: (3},_ Property ioaned to,you: (4)- a sonafprapertylinthe;care,custody 6r,&htral of the ins -used; (5) That,paiYioular part of •real property on which you or 'any.- ; contractors or subcontractors wolking directly or iridirectly on your liehaiVare;performing operations, if the'property damage" anses out.of thbse`ope"ratlom oc (6)' That particular:part. of - 'any, _property dhat' must be restored, repalred or replaced. 'because..".your work" was I'oco'rrectly`perfo'nnedlon It., PDPer,6001 Ii��i;pd actorytrial version 'www:odffactorv°com BUSINESS: LIABILITY,'COVERAGE FORM. Paragraph (2) of 1his,exbI6sj6W doea,not apply if tlie; premises are ".your work" a'ritl were,never'occupied rented or.held'for Paragfaphs (3);+I) (5).aij8 (6)oflthis exclusion do not apply to liability assumeit under'a sidetrackagreemenf Paragraphs (3) and '{4}. of,'Tliis ezGu'sion > perform operations , a bb site, "Property damage" to "'_your pretliict" arising out of it-ocany part pfit, m. Damage o Your Work "Property damage^to .'your•work ,arisrng vur•�r,ll ur any=jpart �r ll 'arra rud6deU)6 the "-products-completed' operation`s haia'rd'!!. This exclusion?,does; not, apply if the damaged work t l'the work; oW.of' Which the damage arises was`perfOrm on; -your' Dena mby:a-'supconTrac[Or.. n Damage To Impaired, Property Or' Property Not.,PhyskAyinjured "Property damage".to "rmparreWp'toperty" or propeity that fias not been physically injured, arising ouhof•. (t) A,defect, deficiency„ inadequacy or" or "your work',: or (2) A delay or failure by';you or' anyone acting on your ,t�ehalf,'lo perform :a •wnliaU �r &yieaweiit I au 1damu This2exclusion does notjapply to the.,ib s Of, use of- othe'r.propedy;,adsing out of Budden and"accidental physical'InJury: to "your product" cwark or:"youafte`r.;if has been put (U: tts;lnterta b use. Page,T:14`24 BUSINESS.LIAB-1 UTY'CO.VERAGE: FORM o:, ReciiVOf.P_fod66ta, Wo0kQOi(:lmpair6d (6)'Title of any Iliterary or artistic Property 'viork; Damlvs , claimed*.for any,Ioss; cost or ense committed (8) Arising out of an offense incurred by you*,',o'(6_tq'e_rs for the 'Wbs6, b ri'iniu�ed Whowb6sifiess loss' wlih recall ln�06�ti'n' I drawa b 0 (a) Advertising, broadcasting, repair . replaicemalit..adjustm66t, rerri pu 61 i s h i ngor telecasting; b r d I ipo' sa I "of '(b) besiqni . ng or -d I elermining content (11) "Yn(jr prmucq"; of wob gitov for" othom: or (2). `Your*orV- or (c) An Internet , search, access, (3)' Irnoair6d prope-rty'j. coritent;orservice provider. ;if such product, work or property is However, this exclusion does not withdrawn or =recalled from the market or apply to. Paragraphs' a., b. and c. fr"use' 6y.'any --.pers6ri of :organization, under the definition' of "personal and lJU ..k;AW,G­Uf d I . - aavertts. ng injury , in section U. — advertising deficiency, inadequacy W dangerous Liability And Medical Expenses n in it. -6ond&A 06finitions. p. ,Personal And _A_d'Verfisi I ng Injury. For the purposes iof this. exclusion, "P, a - rsdrfall'grid advertising ihjLfq',-, placing an adve nisement. for Or to ' your others on web site, by .out, of oral, 'written or itself, is not considered the business t, if electronic . publication of, material, Aiiredi6h, of ertising, broadcasting, of advertising„ cl�' bY;6`1' t :t - the � ae I h .. . . - 'falsity;' publishing or telecasting; insured With:kno%i�lf?dbelof:itg - 1 . , ij Arl sing out oof.I ora . 1, written or (9). Arising out of an electronic chat room or bulletin board the insured hosts, electronic, .publication of, material : "O`firmpublicriion 'took owns,, or over which the insured c place6xbrcises control; before th6 beginning --of the policy period; (10).Arising out of the unauthorized use of j3(3): Aiigihg� out of criminal act anthers name prpi;3duct in y6ure-mail 'nam'e ,a 6orfimitt6d,by,br-ai tie,d rection of the address, - domain or rr�ags_, or 'any other similar ;tactics tactics to mislead - insured-, anothers ootential ctistomem. (4) :od(rlsifig.out,,of any breacti,:of icoritract, (111).Arlsing out of the violation of a except an alpli6d contract to use "advertising pelirson's fight of Privacy created by anthers 04" in ypidir, "advertisement': any state of federai:ad. I Xrisi�hg, out of the failure- of ;goods, However, this exclusion does not products br,.services to conform with apply to liability fof!damages that the t t o any statement quality or t in3urcd would havc! in the'abacricc of I performance made "in your such state or federal act; a - rt� - t., a ve isemen (12) Arising out of: 'Arising out of I the,wrong '06-schp-tio*n of (a) An "advertisembnt' for others on ,(6) price of goods, pe6duct5 6e SeNic6t: your Web site, (7) Arioinq out of any -violation of any (h) Placing A link to a p h site of intellectual property rights ,such"' -as, others on your website; copI - yngA, patent. trademark, trade , (c) Content from.a web site of others name, trade secret,. service mark or displayed withinla frame or border .other. desig -nation o r f origin or on, your web'site. . Content includes information, cone, sounds, text llo"cvcr, thio cxoluaion docs not, brophicc or imogoe; or apply infrngement, in your (d) Computer, code, software or _�tb "'advertisement", of prograrriming used to enable: (a) Copyright: (i) Your web site; or '(ti) S " logdn. uqlibss thb slogan is alsd (11) The presentation or a trademark, r trade name! service hinrlinnality of an mark oir other designallorl'of origin "advertisement" of other or aurlh,BnllcIIy:'or content on your web site; P 0 ot,� Pa 4 Form SS 00 08 04 05 PI)Pcrege wi pdfFactory trial version www.oaftactomcorn (13),Arising out'of'a violation-lof,any,anti- trust`law (14) Arising out of; the fluctuation in price or va(ue� 4'any siocks!.bonds'or'6th e'r !securities ori (I').Arisfng out -,of discrimination or humation committed by or, at the rilrorinn'nf.any "ovari�Nva nfflnai"; director, , stockholder, partner or Inembe`r of,the insured. •q', . Eleitroriicil)ata- Damagesjdri ing out.ofthe loss of, loss:of use_' of damage to,; corruption of;tinability lu, 'di;i;tai; VI lriaUlltty, tu.- nranlpulaW "electron're dafa!; r. 'Emptoymeritadetated Practices "'Bodily, injury"' or "personal and a�dJertising'injury." to: tt )' ••hipor6ontancing;ouf, ofany: (a) Refusal: `to ernploythatperson; (b) Termination:• sof that person's employment; 'or' (c) Employment-related practices. humiliation or discrimination directeptatthat person, or (2). Tho cpoiico, 'child; pnront, 'brothor or _sister, of` that 'person as. a consequence -of "bodily Injury" or "personal ;and adve using 'injury' to the .person at vlioro 'an9, of the 1 Paradraohs fat. fbt, or directed. This exclusionrapplies (1)', Whetherthe insured maybe liable.as an.employe'ror in:any,other capacity, and (2) To any obligation to:share'damages wnh;d Irepdysomeona'else Who must' pay damages`because'of,the,irijury. s. Asbestos (1) ''`Bodiiy injury"; "property damage" or "'porson3l mnd advortlslne. Injury" ,arlsrng;uut of the "asbestos.hazard (2). Any damages; judgments; settlements, loss, costs or:expenses'that: PDF create with 08 04 Versionwmgdffactorv.com BUSINESS'LIABILITY COVERAGE'FORM (a) (c) Arise:;out aof any claim, or suit -for damages • because of testing -dor; effects of an'asbestos hazard t. Violation Of:StatuiesThatrdoveng%t- Maits; .Fax,: Phone: 'Calls Or 011ier Methods 'Of` Sending Material Or Inforrnatiori 'Bodily 'injury'. "property damage", ;or personal and .advertlsmg iAfury" arising directly or Indirectly out,of!any a'66n or' omission that,•violates- or �is alleged to violate:, (1)' The Telephone Consumer Protection Act (TEPA) including any, amendment of or addition to suchJaw; (2). The CAN -SPAM Ad' of '2003, including. any -amendment: of or addition. to Ouch law; or '(3) Any statute, ordlnarice' or';reg'utafion; otherthan the TCPA,or•CAN-SPAM;Act of 2003,that prohibits' or, limits the sending, {ransmityng; communlcatmg'or distribution of material or information: Damage To Premises Rented, To You — Exception For=Damage'By `Fire,. Lightning or Explosion Exclusions c..through h. and k. through_ o. do not apply to 'damage by fire.. lightning; [or exoloslon to premises'rented to You _ or temporarily'occupled by .you with pennlssion of the owner. A separate Umlt of Insurance applies to this, 'coverage as cri desbed in Section•D. - Liability -'And Medical Expenses Limits Of4risurance Pa4e,9 a 24 BUSINESS;LIABIUTY COVERAGE',F.ORM, >2 Applicable To Medical Expenses;Coverage Wi will qct oa$ ex_oens_es'for"bodIWInJury a ±AnV,hiiured To'anyinsured',except " volunteer, workers",- b. •Nlred'Person To a`pefson hired to do work for or.ombehalf of any Insured ora tenant ofany msurecl C. :Injury On Nom ally'OccupiediPremises To a person "Injured on that ,part= of °premises yoWown or renitha st Nii'oerson normally occupies.; d. 'Workers Compensation ArA.'Similar' the 4bodilv'infury":are pavaBle:orr lawor_asimilar', a e. Athletics,Activities To :a rperson mjuied while practicing,. instricting or participating in any physical: exercises_ior games, "sport's ;or athletic con(ests: 1. ,Products=completed•.Operationn. llernrd. Included `with. ;the "products -completed operations,fika d g. •Business:LiabilltyExclusions Excluded'under Busjness Liab.ility.Coverage. C. -WHO 'IS AN INSURED" 7. It you "are designated in i'Vthe•Declarationsas: a An iridlvldual-.:.you and',,your spouse are °insureds , but only with eesp a,,,Ao the. conduct of'a business of"which ,you ,are 'thesole'rnvn?r. b. - you. c A ,limited, llabili}y_cornpany_;you ,alt; an Insurea Your. memoerssarealso insureas, hutaonly,wifh respect4o3he conduct•'of;your liirslness. Your-managers,are ihsure&, qui oniyr•,miti respect to' their duties as ,your Managers., d'. Pa"e 0 a 24; - PDF"Crea ea with pdfFactory trial gersion•wwwsodffactomcom e A trust; you sre.an insured. Your trustees are `also' Insureds; but,only with respect to thelf'dUi trustees. 2. Each of thefollowiitg is also an. insufedi a. Employees And Volunteer Workers Your`'volunteer workers" only while performing dufies related f6the conduct of ;y ,U 01 U514CS5, Gr yvui ir=inplvyaoa"r Qum, than either your 'executive officers" (if you are an organization other than a partnership, joint venture,' 'or limited liability, company), -or your managers, (if you are a limited. liabilitycompany), but only. for acts within,iho.scopo of their e.mploymerit'by you or, while performing duties related to the conduct iof your business: However: none of these 'employees" or "volunteer -workers" are insureds for i (ip uoouy injury; or -personas ana advertising' injury": (a) To ,you, to 'Your partners or or joiritventure)'„to your members (If you are a -limited, ,liability company), or'to a co -"employee" while in'the course of his or her employmeirt orjperfomiing duties related to the I conduct of 'your business, or to your other "volunteer workers' while NG rrvii iiiny-u UUVa lvlot J Iv. llic conduct of your'business; (b) To the spouse, child, parent, brother or sister of that co - "employee orj that Nolunteer work'e(' as a ! consequence of Faragrapn to pa),aoove; (c) Fo_rwhich there is any obligation to share damages: with or repay someone :elsel who must- pay damages because of the injury described'in'Paragraphs (1)(a) or (b):above: or (d) Arising out of his other providing or failing to provide professional health care services. I _ . If you are .not in; the business -of providing professional haahh .caro services, Paragraph `(d) does not apply to any nurse, emergency medical technician or pararie"dic employed by you to, provldeisuch services. (2) 'Property damage” to Iproperty: (a) Owneo, occupled`or used by, Form SS 00 08 04 06 .are : . b: is TompnmrV i7"Imit-ndWrk rlif Yntar - lll?ropeit i Any, pe-r11son, o(.o rg a-nizal io"n' ,having pop er temporary cust&Ji=66yur+ropftyri ' ou (i,): 'Wih=respectt6-ii-ab"ilRy.ad§ing out ofthe rnain6leridnce`or use,:6f inal property:. .and (2) Uhtil,-your' IeO.,:representative i4s d. '.Legal Rep're"sentative ff You Die yoqr, !mq i i!:yo_u qio_ but drily wiiWfespect'' �to,dutieslas such,.. That representative will have all yourrightsiand duties undbrAisinsurance. �a 46,'Whi6h an ;Isalso an or would . be r 6ui f6i'lis usiinn of its 1; 'N.OWly,Adq(jired:Or',FoftedOrganization :Any'argankation ' you newly'acquire or. form. A&, 'tfi2la-n��'6, partnership! `ib'int"v-ent&e or a. , F9 i§ afforrted ou acquire Find of ffiia Pbr- Form OC6j8 'C 4S wt pd a Teale ryJrial version www. dffktorymm BUSINESS LIA.BIUT.Y C.OVERAGETORM b. Coverage sunder er this 6rovision d6iis"not ePplyrlRls (I)' "Bodily injury" or"property damage" thkd rr94,.O`F (2) "Personal. andi-advenisi'ng, injury' arlsing out-of,awoffense committed` 6'efc.re.. you acquired , or 'formed 'she ocgan 4. Operator Of Mobile Equipmenti With respect to motiile pment! ib6&eied.in I - - L� also an of an insurea,wan resP= to: - a. "Bodily; 11, . --l--` - - - - - the pe �zrdfv.thejeqk!pmert; - - b. "Property damage'; t- - - ge o� proper, 4- ownW'by; you ON66employer of any persontwhotis an Insured;undecthis provision:, S. bperatorof'NonownL-diWet6rbiafi, Hqwever, no perso I n or r org I anization, is an insured with'r6sped to - a. "Bodily Inju ry"�tolla, co -"employees -'the persidn'iiperaiinwa ,g ine tefccan-;or -1 b. !Pr6perty"damage'- ,, to pro I perty: owned, by; rerited to. in the'c .harg , e , of or 6 66 p e - y you or..tfie employir-WanyP6 . 6' O"is an insured.under this Provision. S. Additional lifsairadr When; R6-q6iied By written Contract; -Wiitte:n-.--�kjr rti, 6i permit The person(s) or organization(ij:ideniied'in Paragraphs a: through f' below are additionaj lrisuredi-',when qou'halvea&ged, in ra �Written Page 11'of24 BUSINESS. LIABILITY 60VERAGE.FORM 'contractct; wri6n• agreemem- or because of a (ei- Any failure to ;make such perrtiii. issued by a state or political, inspections, adjustments tests'vor subdivision that _such pemon or organization servicing, "as •.the vendor has be 'added as an addlttonal 'insured' on your agreed to make or nomially policy ;provided the; lnfury ,gr'oamage occurs undertakes to 'make; m the usual subsequen,00 the ezecubori'of the contract or course of business;'in' connegtion agreement, or the issuance of the permit: wit disinbufiomorsare of the A person or• organization is 66', additional products; insured •under this provision only .for.thIat iunlallaiivn, servicing or operations; period of time; required'. by the. contract, .repair agree mentor permit. excepC'such operations performed 'the, However; no such person or organizaiion is'ari at premises In venith altditional,msdred.under this;;provtston if"such t connection with the" sale of the person or, organization is 'included as. an product; additional Insured b'_.,an, enborsement•issued* (g)Froducts wnicn, aner :arsmrxmon by us arttl made'a part of tfiis,Goverage-Pan; or sale:tiyyou;!have been iabeled incliiding, all 'peisons ocorganizations added or relabeled or used as a as additional irisuieds under the specific container; part or :ingredient of additional lllsi red ;coverage g�arits in'Sectiori any other thingjor'shbstance by or E:--Qptional Additional lnsured'Coverages: forthe'vendor,.or a,'Vendors (n) "troduy injury" or "property _.- .. Any'person(s)oroganiiation(s)'(refered to .- of le damage" arising out dorfor, negligence of fire vendor its below as vendoij, but.only with respect to own acts or omissions or thoseof botlil m or' "pro rt ?dama a �iahsi y j � p � y g � ory its 'employees or anyone else OUt ;of "you, ,prOdUcis" which are di66- ed • acting on its behalf. 'However, orsolti .-the rt;oular•course of the,.vendo[s business and `only if this Coverage .Part Ifiis'ewUua wi duea not ably tu. provides coverage_ for "b(dily injury" or (i) The.ezceptiorfs contained in "property damage included within the(1 Subparagraphs d or (i); or �"products-compietedoperationshazard". (ii) Such inspections, adjustments, (1)- Ttie. insurance:afforded to:the ,ventlor tests or servicing ,as the vendlor' is cnhjaM';tn,tha,ifnllnwino additinnal has aoieed to°make or norttially <exclusions: undertakes to make in the usual This,insurance does`not apply; to; course of business, in connection' with`the distribution :'(a) "Bodily injury" or "property or sale of the products. damage' for which the', vendor is damages by .(2) This insurance does not apply to 'any obligated to pay ignavu, of flee aauulpllup of insilred rip.mon hr oroani7ahnn fr6rn liability in a contract. or whomyou have acquired such, products; agreement. This:'exclusion does' or any ingredient, part or container, not apply to liability for damages into, accompanying or containing containing such protluGs. that the vendor would have; in the absence of the 'contract or - - b. Lessors Of Equipment pgroomont; (t). Auy pciavu a viya➢utaliuu fluty {ti} Any express warranty whom you lease. _equipment; put only unauthorized'by you; with respect to their liability for"bodily (c) Any',physical or';chemical change Injury", "property damage" or personal and advertising injury" in,,.tfte product made intenti0n511y by'tne:vendor caused, In whole or in part; by your rnainlonanco,operation or uco of (d)Repackagirig, except when equipment`'leased to you by such unpacked solely-for.the purpose "of person ororganization. TO Pae 2.0 -24 Form SS 00 08 04 05 PDF creaIea,wl h PON trial version www: odffactoN.com= Fo 0 08 05 Page 13 of 24 PDF creart9nAi�h,pd�actory trial version www:aMactory.com BUSINESS LIABILITY'COVERAGE FORM (2) With'respedtothe. insurance;aff Ord ed e. Permits Issued.'By State OYP.oliftcal to these additional insureds; this Subdivisions insurance; sloes 'not ' -1 .io any, (1) ,'Any,state' or'poldical,subdlvision, but "occurfence which lakes place after 'only with ' r'espid -to operations you cease'to lease thai equipment. performed:ay you or on youn.behalf' c: •Lessors Of Land.Or.Premises, !for which the state or po661 (1), Any person or, organization from SubdlJisfoh;hasissued;apermil. whnm yrvr{.laacw land nr prainl5waj;hid (2) {1VithlrPSracY:,in,}hw inseirnnr.eaffnrtlxl only wlth'respect to.Ilabillty arlsing`Aut. to 'these additional' `insureds, 'this Aflhe �ownership,._rnAtenancel or, use; insurance,_does not apply to: .of that part of the land. or premises. a Bodtl In u " roert ldama e leased to you. or personal' and. advertising (2) nsurrice afforded, nturarising out_of operations 'Nthrespectot to thaty, additional rnsurodc, this po4orrnetl lfor ;66 -ctoto or insurance'does'not apply toi municipalfly ,or { a Any "occrrrenae" which' ;takes y (b) Bodil m'u o '" Y, 1 rY r. property damage" ,) , ... , place aft cease to lease included Included within the "products= land or, tie a tenant in that completed operations hazard!: prenii5es;ioF f. Any_Other'Party: (u) titruciurai arceranons; new (1j. Any other l5&mon oe,:organization who constructio-n-, or demolition 3• ' g d under Para raphs a: Is nonan insure11 operations performed _by or. _;ori through e_ above but only' with half• of such person_ or respect to liability for :"bodily injury'', organisation. "Property damage or'''personal d. Engineers Or Surve o`rs 9 Y _and adv_ ertislnn itry caused, in whole or (1) Any., ani it c engin6l;.or uroey r;b in`part1.bygour acts oromrsslons•or y y, ' the acts or omissions of thoseoactiraj injury",; 'property damage o� "pe so al. on your behalf: and•advertising injury"'caused,:in whole' (a), In the: performance of our Y or m. rt; b pa , y your�acfs or omissions or' 'ongoing eperatt°ns; the ads for omissions'ofthose a'ctinq on r (b)', In cohricction v Rh',your prcmiora your behalf; owned by°or reh d'10 you or (a) In connection with your premises;' (c)' In connection wdh"your work :and °f included within, 'the products- (b) In the pe`rforMance of your` completed operations hazard!, but ongoing operations perfo_rmed,by YJ if youeoron your'bcholff. -- - p) The wntten.contract;or,wntlen (2). Wlth respect to the insurance afforded agreement requires: you to to these additional insureds:, the provide such ?coverage to following additional ezdusron applies: sucniadddional'insured; an'd- Thls insurance ;does not to (n) This;toverage•.Parl proJtles yapply_ "bodily inju.rIy 'property damage" or coverage for"boddv IniurY'o[ "personal and adve using in)ury" propetty, damage' included ;arising out'of the rendering of of the; within ;Ihe, "products- fall6re io re"oder -any professional completed' operations seniices'by orfor.you, Including: hazard": (a) The preparing;, approving, or {2} With respect to the insurance,afforded failure to 'prepare or, approve; to these. iadd oval insureds. this maps, • shop. drawings, opinions; insurance does!not apply to: reports, surveys: field orders, Bodily injury" property damage"' or change orders, designs or 'Personal .and advertising injury" drawings and specifications; or arising out 'of the rengering of, or. the (b) Supervisory; Inspactlon, failure to render; any professional architectural or end iheerino air n1fPr turaj=Prginekrin° n�;surveyino aiaivitlOS. snn,inor.Indudi,v,• . Fo 0 08 05 Page 13 of 24 PDF creart9nAi�h,pd�actory trial version www:aMactory.com BUSINESS i:LU1BIUTY,•COVERAG EI F.,ORM (a) The .pyeparmg, approving; or. failure-" to 'prepare) or ;approve; maps; snop drawings opinions,. reports; surveys; field orders,. change ._orders; designs or drawings andspecificmions;'or This General Aggregale limit does. not apply "to "property.damage"' to premises while rented voyou 'or temporarily occtupigd by you•With.'perniission of 466 owner; -arising. out ofIfire, lightning or explosion, ;inspection;, 3. Each OccurrenceLimit, ,or engineering Suhieclin ? a nr 2.h ahnve whirhayar applles'ttiermost wemill pay for the sum of all apply toadditlorial damages bacause' of all "bedily injury'; action D.-- Limitspropeity damage" -and medical' expenses arising -.out- of any -:one " occurrence"- Is the lies when :other- Liability,,anclMedical Expenses'Liinit shown.in No person'rbr organization Is, an insured ,with respect to the, conduct of any ,current or:past ppitncr..hip;:romt vc'nturc or. Jimitcii Iiobility. coinpa4y-Ak Isnot shown as.a Named Insured in; the Declarations.: D..I IABILITYAND .MEDICAL E 06isE$ LIMITS,I JNSANC URE `1: Tho Moet Wo %Rill: Pay The Limits .of, Insurance shown- in the ,Dedaratibrm'and the rules'oelbWfix`the most' we WiII'pay`reig&dI6ss of the,numberiof'. a. Insureds;. b.. Cl14 ,aims made or 'suits" broudht. `or' c.. 'Persons or;organlzations making ,claims b F. -',s` ;or ringing suits"; 2i Aggregate Limits The. most we'Wil I-pay,for. a: Damades ,because of "botllly miury ;ard "property" da'oage" included. „qin tie "pio cts,completed•operations;hazard" is the Products- Completed Operations Aggregate Limit shown in the Dedirati0ns. fi ;liamaoac hecance._.nf all nthar. 'Jinriily'l Intury" property damage, or "personal andadvedising, Infury including }medical expenses,As.the General Aggregate'L'imit shown inithe Declarations. This +General Aggregate Linn applies 's?pq�atelq fn each rif; your "in�atinng" 'owned by or renleddo'you., "Location "'means premises Involviing_the same or connecting lots or premises whose connection Is,intermpted only',by a street, roadway .or right -df -way of a •r6iiroaa. Pan,e 40'24 PDF;cieat3a wl h ptlfFactory trial version wylf xlffad mvlcom' "bodily `injury" [sustained by any is: the, Medical rises .Limit 4. Persomi'And Advedising Injury -Limit Suofea to z.o. aoove,-tne most we will pay for the Burn of all damages ,because of all "personal and advertising rnfury".sustained by anyonepersonor:organization is the Personal and Adlvenising Injury. Limit shown in the Declarations... S. Damage,ToPremises ' Rented, ToYou,Cimit TheDamage To Premises Rented:To You Lim it'Is Ihe r1most We;wlll. pay' under Business per mission of the owner. In the case of 'damage, by Fre, lightning or explosion; the Damage to ;Premises Rented To You Limit applies Ito all damage proximately ,caused by the same event, whether such damage results from fire, lightning or explosion or arty, combination of these. 6. How Limits Apply To'Additional Insureds 'Tho m6A wo will.pay :on bohdlf of a porcon'or organization who is an additional insured unZ this,Coverage Part is the lessee of: a. The limits of insurance specified in a Written contract, written -agreement or pennit Issued by 'a 'state or political enhdivi3ion;-.or W Tfie: G'imits of Insurance shown in the Declarations. Such amount shall be a part of and not. in addition to -the Limits of InsurancershowW in the'Declarations and descri6eii'io this Section. Form SS 00 08 04A5. E. ,2 Duties 'In The': Event Of: Occurrence; Offense;*Claim Qr;StiW a.N6tiiee'Of Occurfence 0'r Offense'' You or,any _additional.lnsurod.musilsee-to when and where3the "occurre6ce''. or offense;took puce;, (2); The names and addresse' 6f. ---any` in)fired LpMon5 and,Wifne53e5;'.; and fR) 'ThwnAMm'ianri Iriratin_n of wny+iiijiiry or a mage ansing out of the `"occurrence" or offense.. b Notice Of Claiim If:a; claim Ws' adg-or "suet• 'is;brought against any insured; you orrany additional Mit (1), (1),, Immediately record ,the specifics of the ctaitn ,or "si it' and the date recelVed..'and, (2) 'NOttfy.US`aS SObn'aSIprAdicable. • Vou. or any oddifionol incurod mui t coo,Ao:. ICttfal we receive a written notice o6the 1 _ t ciaini or suit as soon as practicable: c: 'Assistance And, :Cooperatlon Of The. Insured You and any'other involved Insured'must: Fortn3S 90;08 OS FDF areatteUU witch , , actory, trial'version:wwvpditctoUv com: tM e: BUSINESS:LIABIUTf'COVq"GE FORM (1): ,Immediately .sendus,, copses of :any ces demands .noh.'summonses, or legal papersrecerved in_Cnnectiori witfiithe.claim or 'soil"'; (2) •Authorize us%,'O obtain'records and other Information (3) Cooperate with us in thelinvestlgatlen; setttlemenProf'the=:claim or defense' against the: "surf ;arid (4) A"ssist us, upon our request in ;rhe enforcement, of,'any` right against 'any, ured";will.;ezcei€afthat':insured's own Ifrwe',cover a 6 im or suit under this CoveraO Pailythat may also be covered r. by other, 'Insurance available ao, an additional insured; -such additional insured must` suhmd such elaim;or i suet to the .otWr.insurera'o�.,dsfense-and Indemnity:. However this4proviision;does not apply to the exlent thaE'you have. agreed"in "a written, contract„ written' agif'eelnBgt', or permit;'that this insurance is.pnmaryand non contributory; ` wdh `attie` .idditional InsuretTs•owhldsurance! ' Knowledge Of"An Occurrence, Offense, CiamsOCSuit Paragraphs a `and b applyao you'or"to any 'dtl9itionat ins�rod ;only whon..,,iy.cli. o`cc'u rence',.:offerise; claim or 'suit' is knc`wh to .(1)Y You or any ;additional -insured that' is an'individual;, (2) .Any par[ner,,;if,you or.:an additional' (3} .4yF manager; uF you ot: an eddtonal' insured,isa:HmitedillatNlty company; (4)• Any "executive officer" or msurance, manager if your or an 'additional insiiral Is a�rory?aration; (6) Any trustee, 11 you am additional 'insured is aarust; or' (8) :Any elected''or appointed official, if you or an';additional `insured, is; a political'sutidivision1or,.public entity Page i sof, 24 BUSINESS LIABILITY, COVERAGE FORM This Paragraph 'f. appli6s seloiaratiily to . 1 (3) We.have'issued.this policy inreiiiiric6 yo6"and , a ny.*ad dItI6 n al I insu red u0bri.youir representations. 'j. Financial Responsibility Laws, 6. Unintentional Failure To Disclose a. When this p011cy is ,cerilfieda s proof,. of finandil responsiIAiiy:f'or,the future under If unintentionally you should fail to . -hazards' the provisions :of any motor vehicle dis6lose' all relating t o the financial responsibillty law.,,the Insurance condu- ct of your business at the inception f� rWnvirfwl nnnrr. I t, � I 0 Chi f duto i COUA�00 �lripk wo_"shall not :IiAil[t`y and''properly diirni6e" Ilabllity;.Will deny any coverage under this Coverage comply'wi th the pmvls]6ns of i6a - law -to P art because, of such fa iture., ffie,axtent,W the coverage and llmlts of 7. 6thairfrisurance dinsurance reqAred by that'law. b. WW resp .to equipment" to If, other valid and collectible insurance 'is 'ert -"mobile which -'this insurance ;lpr�rlei, We Will �uni66ufi6a motorists, available for a loss we cover uhd6r this coverage fan, our, obligations are limited as provide,Ah'yAtkilityj .. I . _ . . 'underinsured motorino-faultt, or o4hev• follows: coverage required by any.nibior v efiidei ' it. Fir v jary,linsurance limits I I ;required' [Iml law. We will provide the I This insurance islprimalry except when b. i6r"those 'coverages. below applies.., If'bthei insurance `is also -4. Logal"Action A92inct Llv. - brimary. we will share.with all that other No - "person .or, - dr9sniz a . tion has,a right under, insurance by the meth&d described in c. below. a. To join,us as.a party or otherwise bring,,us 'm b. Excess 4nsu rance r:,.p, ages an into. a 'suit' asking to 6 from; This insurance. is excess over any of the , I . - ids6eed; or olhei insurance, whether. primary, excess, 6. 'To `sue,us-on, this itoviefade Form unf6ss Wilbliyullt ul Lil,l ally VOIZI uabia. all of its terms have. been iully'corriplied (1) Your Work with. That is Fire, Extended. dended. Coverage, Xperson oir'ofjankation may sue recover b- uilder's *Risk; Installaiioin Risk or' .on 6_z,gre6di sedlem6ni oron 061 juddment sim-ila'r coverage for','your work": Aga I inst I 'an . Insured::.r but we vA1Jn6t'6e'Ijab1efor (2) Promicoc Rontod To You damages ttfat'are'not Oayible jirtd&�the t6rThs'of this.- ' " _� 4 - -iftsurance or �thal:.';afe- i excess :oflhia That is fire, lightning or explosion limit of -irisurance. An agreed insurance foi premises rented -to you "appli6oe.. NSbhllemant means T i•- settlerireirit; and release of pied by you with or temporarily occupied signedliability by us, the insured and 'the permission of the owner, a,. or the claimarirs'legal representative. (3) Tenant Liability 5. Separation Of insureds That isjnsurance purchased by you to Except with respect to theLimits of Insurance, cover "your liabilityl,as a tenant for and raliy rights OF duti6s_ specifically assigned property damage" to premises rented in this'pbli6y to thii fiistNarned Insured, this toyouor iempdraniy occupied by you insurance applies:= with permission of tfic7owher; .a; A* if tach ach Namcd lncurcd worc, the only (4) Aircraft. Alan Or Watercraft I 4a Fried Insured: and f1he loss arises outofthe maintenance , - each . Insured against Whom b..;Separately' or use of air6raff,'"a,titos" or watercraft . to ' srnadto A.ciajrn.'[' e -or `s6it`:isbr6ught. the extent not subject to Exclusion g. of Section A. -Coverages. 6. Representations. a. WFion -Ttiic P61icy (5) Pt,606irty Damage To Borrowed equipmeni or use.'oy elevators By..accepting, this policy, you,agree: If, the loss arises;; out of "property statements -in the, Declarations damage" to borrowed equipment or .are accurate and complete; ' to_ use of a evatb 4 the extent not elevators (2) Those statements are :be sed 'upon subject to ExclusionX of Section A. - - reoreseritatlons�'Y'ou madeto us: and Coverages. Pae2 Fo'rm'SS 00 08 04 05 1 I � PDF C,,,ea 6 WJ 4 pffictory trial version ws&yjxtff6ctorv.cM (6) When Y6u Are Added AsAn Additional in'surid. TO— Other Ingiiiranee - TNat,-is.other- insurance available to, you I u . . covering - I Ilabilit y _' for damages arising out of the premkiis, or. o0larations, or ol-odUcts and, dilimplet6d insur'a'h66i or (7) 'When• 'You Add Others AS, An Aadition-if 'Insured ' to This '6ii;ralri ice T . hat,i i:, olhor incuronoo ayaiobI6.to,on ,additionalinsured. However, the follo;Mng.provisions: apply to. other insurance, available to ,any-,person!or organization whoJsan, add'hi6nai insured' under 'th4 , qovdrago Part: 'khrially Insurance '.When Required:By Contract This, instirilnce is '6rimary if vou or, sh6wwith all that 'other-iistrarice by the method described in C. below, (b) Primalry. 4hd Ndn=Cofitributdrv_ To Other frii6rarice When kequ]"re'-d 111 Contract .1 If'- you, havd; agfeed in a. Written contract: 446 adreemek or, Wrrnit 1hat this insurance is ricimprV '�Anrl. nnn-rnntsihiiinry with the additional 'insured's- :own insurance. this insurance is primary, and we will not seek. contribution frolm 'thit other- insurance. therifisurand'?. Paragraphs(a) and (b) do not 2pply,to other insurance to which the ,aaaltional as aniddiii6n,aHrisuired.-, When this Insurance is excess, we will have no duty,6nder'this Coverage Pan,to defend t'lhio Incuro' ',againct any� �,Gult" If any 6thk Insurer -has. a dui 4efend the insured against that "suit".-. .If no other insurerd6feiids,lwe' wlil,uride'rtaketo' do ,So, but We will beentltile&tio the.1"ns-ured"s rights against I alF.Those other insurers; Form 0 08: 04 05 PDF Createrwith pffactory trial version www7odftctory.com. BUSINESS LIABI i COVERAGE FORM Men'thIs ' Insurance Is exC'EiSs'over , other Insurance;w6"wili.pay.only;iourz"shAre,qf ine 'am - ouni - of tne - loss, ir any;inat exceeds'th6 surnof., (1), The total :amourvt that allssuch other insurarice'.would'pay or..the,loss'in the al)s,e,-nce-6-f",Ihisli'nsij-ra,n,c-e: and ,(2) The I tntal 6f all (InduhIhIR and - sAlf- insured iamo'dinifs un __iill:th6t other insurance. I ­ ue We,Vlll�share the'remainingi loss'; it any',.With any other insurance that Isnot .olescribed, in - provision and has not hmsoht-cru�flrnlly P'Yrncc! , nf tho Limits* cw, '1'ris'urance Shown in :the Pant - c. Method Of.Sharihg . I I If a11 the otlf6r insurance • 'Oftfitt s contribution Y b equal I shares; we will , Sol , low nils , ills illeillou 4150- Under; �dlls approach- I each Insurer nsurer Gontributes'6qual amounts uhtil'it :fias paint; its ..applicable fl'mit",ilu.insura,nde, or none -0f th6 loss remains.lwhi&iienier comes'firsl: if any of,the does,hot,permit convioution oy equal snares, we -will contribute by Inks. Wdgr.Ahis rnkholicl, each ,insurers s hare is7basedon : the7rAiliof'. Its applicable I mit of insurance to the; total applicable limits ofirisdran6e,61"all insurers. 8. Transfer Of Rights.Of Recovery Against I j4K_1 f, U I ers; o, s a. TransfaIr , Of Rights Of.Rk6very If the. insured, has­dofits l­o� recover',allor I,— ;1- .1 1 � ­ I ­­ .", tents; w6'have made Pad-, hose n 9.h t 9 are transferred to us; The insured-must.do nothing "after loss'to, 'impair them i At.our request, the insured will -biing -Suk ;or transf6rthose rights to us and help us enforce them:- This �condition -does, not apply. - loWedical 6aenses"boveraoe. 4: Waiver Of Rights'G(Recovery (Waiver Of Subrogation), If the'fnsured has waived any rights of recovery against any person or ,organization ' for, -all or part of. any payment.Including bupplamcnta4 Payments; .we have, made under this doverage, Part, we, also .waive that right, provided the Insured waived the-wrfdhti of ;recovery against such- person or organization In a contract, :agreement or PA"It,lint war Gavarufod rxinr TA the Injury or diltmage: Page'17 of 24 BUSINESS' LIA.BIL111YWCOMERAGE FORM IF.,. OP T ION AL. AD D I T1 ON ALa INSURED. :or shown As 3; Additional, hnsui6d -Grantor Of Fra'nichse WHO IS AN INSURED tinder: Section, C. is am r ended,to3ricluds"as ansiidditional Irisured tl�e�pilrs6ri(ij�:&-orbini'iz , atlon( s), , s It , own.InIh6 Declarations as an . Additi6rial,, Insured - Grantor Ot*ranchlse,�b6t only,,-Ath1r6spact to their lialillity as grantor of franchise .W,,you. i" Arl rf i finnal invilmld - 1-pe,;:nr Of I-Pacoel Equipment Is An Insured, does not apply' to';the person or a. WHO is,AN INSURED under Secti' on C, organization shown irvit.he. Declarations-: these nc e as an additional Is'aminded to .,I -;idd conditiins Insured theet-persoh(s) ,Orbrganliati6n(s) a applicable to: Business :Wbility Liability -'Coverage in 161's stiown'in tfie'Declaratiohs as* Addijitio6a'I P &�.Y PiF--ipl�pro%;Oim� ril, Jhpllnw� InGurod LGGGDr of"Lba�d EquIprnont; i. Adaitionaq-,linsured -besignaied-OersowOr bu I t only with feSka toiliability for "bodily :Organization injury-,, "property ,darnage . Or ., Personal - 'Whole WHO IS AN INSURED-urid!6r Section C. and;advettisting injury::,�usedin, i of ' 'ti is in part: b' t- ' y your maintenance; opera on or amended: toJnQlude�as.an�,additional insured use of,-eqbipmedt;' leased to you by such the r,,organization(s}shown In the _L�dcf6i�a,1666 ui, only,wiln"respecl ro uaoliny "bodilyproperty' person(5) or oroaril7allinh(s) b. With respect.to.the insurance afforded to .for lqjury-,� damage" ci� .� -P "'Personat land "advertisinginju"" caused, in I these addftional ihwifid�s, this insurance ,injury" , whole -or in paf"by.your'kis &,Omissions or does not a, pp y. o anyoccurrencem.hi h the acts or:bmis'sion-V`of,those acting on your takes place afteir you Cpase-to lease that behalf: equipment. rafln" the performance of yo6r ongoingopefatwn5„oc 0.. Audi ' tiVfldl 11MUTRid- - 0WIlVib 01 0111VI Interests From Whom Land Has Been b. In connection with your �0,refts6s; owned Leased :by�`Of-refite'd a. VVQO, IS AN INSURED under ,Sechon:C. Additional Insured Managers Or -Lessors - ager is,�amended-to inGlude.as an additional insured the, person(s) 19r,organiintionisi Of: �llpll 9 shown in in , e 0 , Shown as an , A( - so fit . ona J I a. WHO IS AN-INSURED*Iii6-de�r�Section C'is- insured - Owners Or,01herfiftefesis From amended taihcl6de Aiar,additional insured Whom; -Land Has Been' Leasedbutonly or organ ization(s), shown J 6 the, with respect to liability arising Out,of the D--'da'r-atJo'ns-:iis an Additional insured Ownership, maintenance nce or use of that Designated Person of Orgariiz4on:, but: part of the land ]eased to you and shown only',,Wth roopootlo.-Ii(ibifity aribiAb-otitl-oftho ill the DeulaldLiQ,15. iownership, maintenance LOffuse ofAhat pa �ieased'to b. With respect to.4ho insuranci,.afforcIdd to of tfie'premises you and shown.*in. these addifibrial insurebs, the following the ons.additional exclusidns apply: .'6. With respect to the insdr6rice1affordred to . I his insurance does not apply to: ifi&s6 6ddlti6n at insureds,'-, the following (1) Any "occurmnco” lh*t takoc ploca ­ after you cease to lease.that land; or Thi .5 insurance does not apply to - ;Anyoccurrence which takes place ;. ­ -, (2) S"cluial alterations, new construction or demolition operations _— , atter you cease to be, a tenant in that -`or performed by or on behalf of such promises 3 person or organization. -Wiih,op ,construction: orLderno operations b. Adartionai insurea - state ur voirticai . perform' �d 6y or o W b;half of " such Sulidlylsion P6IT'lits, per'son"of'orge'nization. a. WHO: IS AN INSUREDI under Section C. I is amended to include, as an additional insured the state or piiiikai subdivision shown 'In'the bk'larations;as an Additional Pan-le24 Form i SS 00 08 04 05 PDF ,666-61 AMh:pffactoryt?ialversion wwa korvicom- Insured — ; Beimits„ operations' behalf; 'for LM Subdldislon - .[aspect to u or?on;your is "or" polltical. ,. afforded to e -following damage- or. (2), "BVJdy ii ij 41 Vi�yi��Nei ly Jartiayc included"in' the 'product -completed: operations" hazard: 7C Additional'Insured —,Vendors a. b., Tl a,ins6mribe _affoMad to the vendor --is subject",to the .following' additional r:iiclusions: (1),, This insurance does, not apoly:to: (a) 'Bodily injury:' or "property damage for -w - which the vendors obligated ;So pay damages ,h y reason. of the; assumption' of liability` in 'a contract or agreement. This..exclusion, does or ..(b).Any express wamanty unauthorized tgyou; (c) Any,physical or.;chemical change. in,atie product, made !intentionally by tKe,:veiidSi (a) PDF crea�ed�UR pd actory trial version �tvw'l�iiffactarv.com BUSINESS .LIABILITY COVERAGETORM (ii)'Such• inspections; adjustments-, tests' 'or• servicing aslthe vendor'.has agreed to ,mat�eor normally undedakes o rmake in_,the: usual', course of business, 'in connection with the drstnbuhon or • sale 'of the. products:. (1); -Thio, incuranea does not.&pply to� nny dor impanying or containing 8. Adddional'Insured`—Controlling Interest: WHO IS. AN INSURED under, Sectlon,'C.' amended to:<include:as an; additional,insur the ir..RANlify;aiisih*but 6f . - a. Theirfinanclafcontrol of,you; or tiPremises they own maintain or control wtiiie:you_lease ococcupy these premises.: Page 0 424 BUSINESS:LIABILITY COVERAGE!FORM PDF'crea�ec wi�hZpdfFadory trial version www: r;dffaciory:com I o'rm ss oo tis tis os This insurance does note apply to structural The limits of insurance that apply to additional alterations construction and demolition insurads.are tlescribed in Section D: - Limits,Of ,riew operations pejtormea tiyrdrtor that persorior Insurance. orgarnzatjvrj, How 'this Insurance applies when• other.. insurance 9: AdditionalInsured Owners, Lessees Or Is;available to;an'additional insured is descnbedriit Contractors — Scheduled Person "Or the Insurance Condition in Section E. — ,Organization Ltabllity 'And Medical 'Expenses` General a •WHA IR':Atd dN411RFrY inrt_a7 IRerliitn r: Condltlo'ns.. " `Is amended' to-.include� as an additional G. LIABILITY AND MEDICAL EXPENSES Insured `the personO or organization(s) shown inthe Declarations as an-Addltlonal, DEFINITIONS insured"—';Owner, Lessees Or Contractors; 9; "Advertisement means the widespread public buConly,witlY respectao'liability todlly dissemination of 'information or images ° that _for injury" property. damage't.4: "personal has the`purpose of inducing the sale of goods, and'advertising injury"caused, in whole,or products or services, through, inpart by -your acts•_orofink&6ns ortue a.,:(1) .Radio; 'acts or omissions of diose acting;on your jpj Television; behalf: 1 In',the erforinance. of our' 'ongoing(3)' 1) p, y. ,Billboard; ".l operations for the additional (4) Magazine; insured(s); or• (6) 'Newspaper, (2)' In' connection with your 'work" b. The Internet, Wt -.only that 'part 6f a web perfonrted,:fdr thai..'additional insured site that is about goods; products or .arid included whim: the 'products- services for the purpose's-of;lnducrng :co"mpleted :operations hazard'!,, tut ,the sale oEgoods, products or: services; or In ly if this (CIVA.640A Pad prMlldPo; c. Any other . pvblieatibri that i3 given coverage ,for, "bodily injury" or widespread publicdistribution. "'property;damage" included within,the ';products cpm"pleted' operations. However, "advertisement" does not Include: tiazard";. a. The -design, printed material, information b With respect, to: thesiinsurance afforded to or images contained In,, "on'.or. upon the these 2ddIuonai insurrd4„ this fiiwranca packaging or labeling of any goods or does not applyto bodily injury r "property products; or damage"' inr "personal an advertising b An interactive conversation Between :or mju'ry," ansmg out of the rendering of, -or ariiorlg persons through a computer the failure'to 'render; any'professional network: arctii(eetdral,- engineering or surveying z. "Advertising idea" means 'any idea for an services: includino: advortico font". (1) The prepa ing approving or'fa lure to 3. "Asbestos hazard" means jan exposure or prepare .or approve, maps; shop threat .of exposure, to the actual or alleged .drawings, opinions, reports; surveys, propertiesof asbestos and includesthe mere field orders,,change,orders, designsor presence of asbestos in any form. drawings and specifications: or 4. 'Auto" means a land motor;vehicle, trailer or (2), - cuper isory, in3pection, erchitcctural semi-traile( designed_ for travel on public orengineering activities: (oads, including any 'attached machinery or 10. Additional, lnsure6'— Co.Owner_'.Of'Jnsured equipment. But, "auto" does not include Premises' mobile;equipment". WHO IS AN INSURED' -under Section C. is b. 'Bodlly.injury" means physical' amended to include:as,an.addlilonal insured a- 'Injury. the persons) or Organlistfon(s) shown'inthe Declarations' as an Additional Insured ,="co- b: Sickness; or Owner ,Of insured 'Prem9es, but only •with c. Disease respern io 'their liability, as ,co;owner'of the sustained by. a person'and, if arising out of the prerfilses shown in the Declarations: above;: mental anguislh or death at any time. Q. "CbvoiiigcQorritory":moans:. PDF'crea�ec wi�hZpdfFadory trial version www: r;dffaciory:com I o'rm ss oo tis tis os t-0- 08 05 Pagii4l of -24 PDF created ePdYeacltory trial v,ersion,w%m:pd4actory.ccim BUSINESS LlA.BlUT,YtOVERAGE -FORM a. The United, States: 6(Americ6 '(including b. You have failed' to; fulflil'the_ l'ien-hs,,of a .r1s territories, andpo siesiiiiris), Puerto 'contract.ocigreement; ,mico i6a,t5inada'; ifsu cfiIpi�operlycanlbelresloredtouseby: I - b. Internationaliwaters'or. alrspace,,but only'lf a., Thejiiipai[rFeo6'-m"e-n't,.e'dg'ust"m'e'ntI or the injury 'damag . e,,o , co urs,in.the course removal of-"yq,iur;pr6duct or yburwoik% -of: travel or transportation between any %tl or Oa�c'es,irfclbded ni..zibue;- . . T. ­ 1 1. : ! b. Your fulfilling,the1emrts,of tKe:_qo,ntracVo( P� 411 nther narks of thp wmar.1 if th4'injiory or, d6mageinses out of: .. .... 12. 'Insured contract" means: (1) G666sTor products- made or soldby you I in.the,territo'ry,d6kn"bed in A. gboJe; a. A contract for a lease of premises. HoweverAhat,portion of the contract,,for a portion (2)jhe �activltlei;, of a person, whose (2)_'The activities r ' - lease of premises, that lh�emnlhias, any, . home�issin.t e territory �aekil bed � inii 'a—y"16r, 'shprf.timle'on person or organization, i6rdarnage;by lire; ati6ie, 66t,is­,­4w * a liglitnihg'.or e�olosibh to 0fbMIS6Sr while 'your Nsiness, or r . eiit6d.to you or temporarily occupied by (3) ."P&tdnal and.- --advertising' injury" you With 'permission of the, owner -is 61[f6fis'&s1thk take place `tfirough;thesy 'jeol. to. the Damage ises �, To. - Prem ` Irate— rdefor iimilai�eliaroni6-means of kented tb._Y0U,IimIdescribed in 5a , one D. :- LIA billty,'And Medical, Expenses Limits the insurqd's re§pi�nifbility to, pay of InSuranCe. =ded, esus n 66 �l i "' "fin'the U' t6diStates 6f b. Atidetifack!agreer'p_ehl� Am0ca _(ihdludihg ?6 territories and 'Canada, c. 'Any easement or license agreement, possessiorij; Ouertb Rico or in a I . including an easement or license -1� suit" on Ahe merits according t6 the -in, agreement in corinedion mAhconstrudi6n �siltisian'five law. such Territory, or in, -a settlern&At,Iw'e'agFeeto. nr,AP.rnnjfinn nramfinni, on nr within An, ii ilroad;- feetjof arailroad;- 7. 7. "Electronic data" rneaifs1nfornnatio­n';,facts or d. Any obligation, as,require&by'ordTn1anc1e, .pro grams to lndemnify, a municipa ity; except, in a: 'Stared-Wqron; conrie"ction with,Waik I or a.municipality; 'b., Erected or used on; or: e. AnAevatbr maintenance agreernent;'ror es Transmitted to or'from I - I C That: pal of any •-other contract: or . software, 'in computer cluding systems and pertaining 'to ,you_f business agreement applications- software 6r�'�or floppy disks, ... ... ­­ ' (includiftl;l an Indemnification of a - . .1 . I'� . " "' - '- 'tapes, &riv'es', cells'; data municipality. in conne ion with work connection P=-- a ��sinp�dev_lcei or- any other rt�a8ia wiii6h ' Oerf6frried for :municipality)Iunder which are with used �Iearonicallv controlled me the tort lability of another you assume equipment party part 'to Ay t0-r"i)6dijy injury.- or--pr6perly, EffiipI6�66' lfidlui:165 a "leas6d worker'� da ma to a - 9,0rorqanip' jhhy�i­A de the `i3ohily injury" :6r 'Employee' doies`'.noii!. ind6de a `'temporary provi :property d wh injury" damage is caused, iW o I w4ke. , you or by - those - - abin9 on your behalf. 9.. "'Executive office?' means a person holding, wou Ttirl'IiAbtdy (�bdn_s'a, liability that: would any oft h , c* offlocr poaitioru crcatid by ypur, be ii»goacd by;AaVv,in, two ovany 6fiarler; constitution by-laws or any other contractor_a_gre�'6jment`.' iirn-iiar,gove-mi-ng document. . Paragraph f. Includesthat paq,.of' any 1 lo.� "Hostile, fire"means one, which h becomes. . --,'6r,,-breaks contract or, agreement- 1 hat indemniflei 5 uncontrollable out from where It was; rakoadl fq�,� 'bodily injury' or vf�perti intefidl6d,*,be. 6a a e" arisi n ::o'- of construction' or 11impaired property" means Aan6ibli property,, jull 6pvwtlthf:��,, . y other than'"your product" 6r,t'you_r_1.w_ork'j that railroad property and affecting! any cannot be:used or is I ess usef6l. because: railroad bodge :or irestle, tracks, ss'or- nnel,Paradgraph -AyourpadS;,tpe . It incorpo.rates�7yq!�r p"95' or"r work" , that" is known - or thought; to be defective, doessJeros. However. I. ning of include 'it defli6k. ihadeauate,or.-danaerous: or that part of any contract or t-0- 08 05 Pagii4l of -24 PDF created ePdYeacltory trial v,ersion,w%m:pd4actory.ccim BUSINESS.LIABILITY COVERAGE FORM (1)' Thatindemnifies ::an. architect, engineer " surveyor for _injury. or aamage;ansing Ouibf: {a) Prepanhg ,approvinglor failing io (6)t Glvitig dreetlons,,oi in'Wr lions; or`failirig to give Ihem If .that is the primary cause of the injury or darnage;'or (4). Under .which tfis insu�od; if ,an hit arcect, -engineer' 6'r 'surveyor,. assumes. liability for an Injury or damage, arising' out of the 'insured's rendering :or failure'- air; render professirinat Service"s;, inclu(firtg„those listed in -4111 above; and supervisory: means .a'person leased to Ir leasing., firm, ;under"pan en you and-6edabor)easing 16i 19c slater 'tn>the, rnnd'1.1 , 6Leised''wAee'noes not 14: 7Loading,ohunloading:"means ,the, handling of property:: a After. rt is moved from the'place where itis a1 pleo aor. fmovemeni mio or o'n'to' an • aircraft; watercraft'or "auto"-;' b. ;Whilen:is.in or on.an aircraft,,watercraft or'auto"; or .c. While':it.is being*moved rom an aircraft, wato rr rir "nidn" In'. flip.-. plane.. WhP..rP. If'IG :finally'delivered-, but'"loading_or unloading" does<not include the movement, -of property by means of a merhanicai:devicie other thana hand truck; that -.is not- attached to the aircraft; watercraft or ••akin", . . _. 1s Mobile. equipment" means; any of the followtng,types;of land vehicles, Including any attached machinery or equfpmenG a.`Bulldozers, farm: machinery, forklifts, and othe'r'vehicles'designed"for usetprincipally -urr pu046 ru6u; b:- Vehicles' maititalned- for use. solely on or next to premises:you own or rent; c. VehiclesJtiat travel on'crawlertreads; d. VeFiicles,.whether'self-propelled'o(not, on 4ichrarc permoncntly' mountcd: Pae 2 o424- PDF & aleJ h pdfFactory trial version 16 UM:pdffactory:com (1) .Power cranes, shovels, loaders, diggers or drills; "or (2) 'Road constriction or resurfacing equipment sricl as:graders, scrapers or,rollers; e. ,Vehicles not described�in a.,,b., c., or d. above'that are:nol self-propelled and. 1. maintained prima my to'provide mobility to permanently attached equipment of the following types: (1) Air compressors; pumpsand genereto`rs, including spraying, welding, ' building cleaning', gaophyeical nxplo'r?tiori, lighting and well servicing equipment; or 1 (2) Cherry pickers.and similar devices used to raise or lower workers; Vehicles not described in a., b., c., or d. above maintained prirnarily`for purposes other;than the transportation_otpersons or , cargo. However, self-propelled vehicles with the following types of `permanently .attached eguiprrientare not "nfobileietjuibal but Will be considered "autos": (1)' Equipment, of at least 1,000 pounds gross vehicle weight, de3i ned primarily for: (a). Snow removal; (b) Road maintenance„ but not consiructlon or resunaang: or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or, truck chassis and used to raise or lower wnricers: and ,(3) 'Air compressors„ pumps and generators, including spraying, welding, building cleaning, geophysical exploration; lighting and Well servicing equipment. 10.-Oi.uth cnue" liicana 0111, 01wAYei1t, i11UUUiu9 coritinuousor repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury„ including :consequential "bodily injury"; arising out of one or more ,of the following offenses: a. False arrest,: detention or imprisonment; b: Maliciou-s prosecution; ForinSS 00 08 04:05 C. The wrongful-evlcuon from wrongful entry: Info, or mvasfon of the -right ofprivate 000upancy of a `room, oweuing or premises -that the person occupies; com %ed or on behalf or°it's%owner; "landlord orlessor, d_.. Oral, written.or @IEwl onic.publication of material that slandersortibels a'p'erson'or organization: or disparages a person's^ or :organization's goods,: products or :SefVICRS;. .e. Oral;_wrilten or electronic publication of.' material that. diolates' a person's rigtit of Privacy; f. Copying, in your "advertisement". 'a. g. lafringemenl: of copyright; slogan, ortitle- o(, any literary -or artistic work, in your "advedisoment" Jnr' .. h: Discrimination or humiliation that results .in injuryto: the feelings or reputationof'a natural.persori. � ' 118 'Pollutarits means;any solid, liquid,aOwbus or Ihennal rrritani or contaminant,, including: smoke, vapor„soon, rumes„aaas'lalnails cnemicais ana. waste. Waste Incudes meterl is to be recyaed, recondition cl or reGa'iined. i Products -completed operations hazard.'; a 'Includes all "bodily injury” and” "property damaOP nrnrmna away fmm :premises .you own on rent and arising ouf',of "your product" or "your work" except: (1) Products'that;are{still'in'your physical possession;:or (2) 'Work that•has,not!yet been completed `lir HUwevul ....yuul"w. - will be deemed to be�completed atthe eailiest:of'the following.urnes (a) When all of the,work.called'forin your -contract has been completed. (b} When -all of the work.tobe:done. '6ttthe'rjob siWhas''been completed if your contract' calls, for work- at more than one;job site. (c) When that ir[ of the work'done at a',jntl bIP. hash - r- lt: 10;115 intended use. by any person or organizati.om.other than* anothbr, contractor & Sut)contraCtdr working on thesame p-roject.. `�PDF craedw�pworytil.yersion.mymodffactory.com BUSINESS LIABILITY COVERAGE FORM Work. that, ''may . ,need service, maintenance; correction,. repair or replacement„ oui wnicn is !otnerwlse complete, wfll'be'treated _as'.completed. un owniorrent. b Does; not Arici6d6l Wcliiy Injury" `or "property damage. arising:.out`of; " (1) The transportation ot`,property, unless ltho� injnry'nrrtamaaa;Aricac rnd,nf.a condition in or on a'veh cle not owned or,operated by;you, antl;lhalcon,&;Ion "was created by (he looming; 'or unloading" of that vehicle'. by any (2) '.Tho �o ictc nca of tools; ,uninitallod equipment. or.abandoned OVUnused materials. ' 20. "P,roperty,damage"-mean's: a Physical Injury, to: tangible properly; mcludrng alt fesuliing loss of userof.that prope"riy An succi IOSS,, of use`shall' be deemed t0 ;occur at th@.'tlme of :the physical injury (fiat caused it"or b Loss;of'use of tartgible property,that islnot physically Injured. All such loss:of use shall.be deemed -to occur at the time of As used 9n this-definilion, "eledronie'data°is not tangible property. 21'. "Suit ' means a ;civil proceeding in which damages.becausepFbo 'dily injuryproperty. damage" or "pon:onal and advortlsing injury" to which ,ilii insurance applies', are .alloed, "Suit" includes:' a. An arbitration proceeding in which : such damages are= claimed and to whicti the insured'musi submnh ordoes subrrWwith our oonoont;'Qor b Any ,vtlier-Alternative.. dispute- resolution proceeding' i- •which .succi' damages- are claimed an :to which the insured submits with our conseO, 22. "Temporaryworker' means a pefson,who fs furnished to you to'substrtdte fora permanent "employee" on• leave=or to;rneet seasorial_or short,t'erm.workload conditions.. 23.."Volunteerwofker" means a person,who; a. Is not `your "employee' Page 23 of 24 BUSINESS,!*PIILJ13Y -COYERA,G E' FORM b:,-bohafes Iiis be tier Work;. (2) The providing of, or failure (Q provii:16 C. `Acts' at theAlre6tion of and within the Warnings or Instruction . iscope , of d'uties'determined'6y'y-ou;;,aM, 'or c; Does not include vending machines orti Is a tee, salary 'other oth6f property , roperly re -W, n_to'or­1ocitW"fort46 compensation 6y'you ­ or any L one. else, -i& Uie,of 0'th&t,but.not Skid. lheir woirkperfoirm6d foi;y6u. M "Your work": -�"Yolur`product"-, a. Means. id: meciliw. (1) Work or operationsiperfonned by you (1) Any.goods oF products, ;other than real or on,your behalf; and property,, manufktured, sola. (2) Materials, pails or equipment haindled, dist'N66ie'a;�o'r'ciisp-os6d ofty: _h' i in con necfion Wilk 'such fumis ed. i _. r , (a) You: - work or operations. .iii) Cvthcm irodihq undcryovr namci b; Includoo: or Warranties or representations made A person. -'Or organization whose. - . at anytime With respect to�,the fitness, . . business , or 'asset s yp u V'e quality,,durability', performanc e or use of "yourworW; and (2) Containers. (other Afibri vehicles), . I The providing of orifailure'to provide , ' q u . i r6ateda-is,' : parts. o . r 11. e pment Warnings or -instruction. ru�nlshied`in connection with such good's o r. prod ucts. br Includes: (4} Warranties'. -or' "repre'sentations made ':quality durability,';5irforiia66e'6r-U,se voi"your orodO_Ct,-,; ah -d age 4 of,24 - P.DF - CrPeaIt J h. pdffactory trial version www:pdffaclorycorn Form SS 00 08 04:05