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HomeMy WebLinkAbout20- Certificate of Liability Insurance - HRDCANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 4/1/2020 (406) 586-3351 (406) 586-0437 10677 Human Resource Development (HRDC 9) 32 South Tracy Ave. Bozeman, MT 59715 15819 A 1,000,000 X ETD0392904 7/1/2019 7/1/2020 1,000,000 10,000 1,000,000 3,000,000 3,000,000 1,000,000A ETD0392904 7/1/2019 7/1/2020 5,000,000A ETD0392904 7/1/2019 7/1/2020 5,000,000 B 034825299 7/1/2019 7/1/2020 1,000,000N1,000,000 1,000,000 Additional Insured form GA262MT. The City of Bozeman 121 North Rouse Street Bozeman, MT 59715 HUMARES-02 MOLSON Bozeman OfficePayneWest Insurance, Inc.1105 E. MainBozeman, MT 59715 Cincinnati Insurance Company Montana State Fund X X X X X X X Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 1 of 23 THIS E NDORSEMENT CHANGES THE POLICY .PL EASE READ IT CAREFUL LY. SOCIAL SERVICES COMME RCIAL GENERAL LIABIL ITY BRO ADENED ENDORS EMENT - MONTANA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.Endo rsement -Table of Contents: Coverage:Begins on Page: 1.Employee Benefit Liability Coverage..........................................................................................3 2.Unintentional Failure To Disclose Hazards ................................................................................8 3.Damage To Premises Rented To You .........................................................................................9 4.Supp lementary Payments ..........................................................................................................10 5.Medical Payments .......................................................................................................................10 6.180 Day Coverage For Newly Formed Or Acqu ired Organizations .......................................10 7.Waiver Of Subrogation ...............................................................................................................10 8. Au tomatic Additional Insured -Specified Relationships........................................................11 •Managers Or Lessors Of Premises; •Lessor Of Leased Equipment; •Vend ors; •State Or Govern mental Agency Or Subdivision Or Political Subdivision -Permits Or Auth orizations; •Mortgagee,Assignee Or Receiver; •Grantor Of Franchise; •Owners, Lessees Or Contractors; •Cont rolling Interest; and •Benefactors Or Grantors 9.Property Damage To Borrowed Equipment .............................................................................15 10.Employees As Insureds -Specified Health Care Services .....................................................16 11.Broadened NoticeOf Occurrence .............................................................................................16 12.Nono wn ed Aircraft ......................................................................................................................16 13.Bodily Injury Redefined ..............................................................................................................16 14.Expec ted Or Intended Injury Redefined ...................................................................................16 15.Former Employees As Insureds ................................................................................................16 16.Broadened Who Is An Insured ..................................................................................................16 17.Replacement Of Customers Keys Or Locks ............................................................................17 18.Limited EmployeeCriminal Defense Expen se Coverage .......................................................17 19.Limited Assault Expense Coverage..........................................................................................18 20.Limited Rental Lease Agreement Contractual Liability Coverage.........................................19 21.Fellow Employee Coverage .......................................................................................................19 22.Personal And Advertising Injury Redefined.............................................................................19 23.Voluntary Property Damage Coverage .....................................................................................20 24.Worldwide Liability Coverage Extension .................................................................................21 25.Client Defined ..............................................................................................................................23 B.Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insura nce provided by this endorse- ment, except as provided below: 1.Employee Benefit Liability Coverage Each Employee Limit:$1,000,000 Aggregate Limit:$3,000,000 Deductible Amount:$1,000 Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 2 of 23 3.Damage To Premises Rented To You a.The lesser of: (1)The Each Occurrence Limit shown in the Declarations; or (2)$1,000,000 b.$30,000 aggre gate sublimit for damage caused b y your "client" 4.Supplementary Payments a.Bail Bonds:$5,000 b.Loss Of Earnings:$1,000 9.Prop erty Damage To Borrowed Equipment Each Occurrence Limit:$10,000 Deductible Amount:$250 17.Replacement Of Customers Keys Or Locks Each Occurrence Limit:$25,000 Deductible Am ount:$250 18.Limited EmployeeCriminal Defense Expen se Coverage Each Cr iminal Proceedings Limit:$10,000 Aggregate Limit:$50,000 19.Limited Assault Expense Coverage Each Person Limit:$10,000 Aggregate Limit:$25,000 20.Limited Rental Lease Agreement Contractual Liability Coverage Each Occurre nce Limit:$100,000 23.Voluntary Property Damage Coverage Each Occurrence Limit:$1,000 Aggregate Limit:$5,000 Deductible Amount:$250 Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 3 of 23 C.Coverages 1.Employee Benefit Liability Coverage a.The following is added to The follow- ing is added to Section I -Coverag- es: (1)Insuring Agr eement (a)W e will pay those sums that the insured becomes legally obligated to pay as damag- es caused by any act,erro r or omission of the insured, or of any other person for whose acts the insured is legally liable, to whi ch this insurance applies.W e will have the right and duty to defend the insured against any "suit"seeking those damages.However, we will have no duty to defend against any "suit"seeking damages to wh ich this in- surance does not apply.W e may,at our discretion,in- vestigate any report of an act,error or omission and settle any claim or "suit"that may result. But: 1)The amou nt we will pay for dama ges is limited as described in Sec- tion III -Limits Of In- surance;and 2)Our right and duty to defend ends when we have used up the appli- cable limit of insurance in the payment of judgm ents or settle- ments. No other obli gatio n or liabil- ity to pay sums or perform acts or services is covered unless explicitly provid ed for under Supplementar y Pay- men ts. (b)This insurance applies to damages only if the act,er- ror or omission,is negligent- ly committed in the "admin- istration"of your "emplo yee benefit program"; and 1)Occurs during the poli- cy period; or 2)Occurred prior to the "first effective date"of this endorsement pro- vided: a)You did not have knowledge of a claim or "suit"on or before the "first effective date"of this endorseme nt. You will be deeme d to have knowledge of a claim or "suit" when any "author- ized representa- tive"; i)Reports all,or any part,of the act,error or om ission to us or any oth- er insurer; ii)Receives a written or ver- bal demand or claim for dam ages be- cause of the act,error or omission;and b)There is no other applicable insur- ance. (2)Exclusions This insurance does not apply to: (a)Bodily Injury, Pro perty Damage Or Person al And Advertising Injury "Bodil y injury", "property damage"or "personal and advertising injury". (b)Dishonest,Fraudu lent, Criminal Or Malicious Act Damages arising out of any intentional,dishonest, fraudulent, criminal or mali- cious act,error or om ission, committed by any insured, includi ng the willful or reck- less violation of any statute. (c)Failure To Perform A Con- tract Damages arising out of fail- ure of performance of con- tract by any insurer. Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 4 of 23 (d) Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the "emplo yee benefit pro- gram". (e)Inadequacy Of Perfor- mance Of Invest- ment/Advice Given With Respect To Participation Any claim based upon: 1)Fai lure of any invest- ment to perform; 2)Errors in providing in- formation on past per- formance of investment vehicles; or 3)Advice given to any person with respect to that person's decision to participate or not to participate in any plan included in the "em- ployee benefit pro- gram". (f)Workers'Compensation And Similar Laws Anyclaim arising out of your failure to comply with the mandatory pro visions of any workers' compensation,un- emplo yment comp ensation insur ance, social security or disabil ity benefits law or any similar law. (g) ERISA Damages for which any in- sured is liable because of li- ability imposed on a fiduci- ary by the Employee Re- tirement Income Security Act of 1974, as now or hereafter amended,or by any similar federal, state or local laws. (h)Available Benefits Any claim for benefits to the extent that such benefits are available,with reasonable effort and cooperation of the insured,from the appli cable funds accrued or other col- lectible insurance. (i)Taxes, Fines Or Penalties Taxes,fines or penalties, includi ng those imposed under the Interna l Revenue Code or any similar state or local law. (j)Employment-Related Practices Any liability arising out of any: (1)Refusal to employ; (2)Termin ation of em- ployme nt; (3)Coercion,demotion, evaluation,reassign- ment,discipline,defa- mation,harassm ent, humiliation,discrimina- tion or other employ- ment -related practic- es,acts or omissions; or (4)Consequential liability as a result of (1), (2)or (3)above. This exclusion applies whether the insured ma y be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3)Supp lementary Payments Section I -Coverages,Sup- plementary Payments -Cov- erag es A and B also apply to this Coverage. b.Who Is An Insured As respects Employee Benefit Lia- bility Co verage,Section II -Who Is An Insured is replaced by the foll ow- ing: (1)If you are designated in the De c- larations as: (a)An individual,you and your spouse are insureds,but only with respect to the conduct of a business of which you are the sole owne r. (b)A partnership or joint ven- ture,you are an insure d. Your members,your part- Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 5 of 23 ners,and their spouses are also insureds but only wi th respect to the conduct of your business. (c)A limited liability company, you are an insur ed.Your members are also insureds, but only with respect to the conduct of your business. Your managers are in- sureds,but only with re- spect to their duties as your man agers. (d)An organization other than a partnership,joint venture or limited liability company, you are an insur ed.Your "executive officers"and di- rectors are insur eds,but on- ly with respect to their du- ties as your officers or direc- tors.Your stockholders are also insureds,but only wi th respect to their liabili ty as stockholders. (e)A trust,you are an insure d. Your trustees are also in- sureds,but only with re- spect to their duties as trus- tees. (2)Each of the following is also an insured: (a)Each of your "emplo yees" who is or was authorized to administer your "emplo yee benefit program "; (b)Any persons,organizations or "emplo yees"having proper tempora ry authoriza- tion to adm inister your "em- ployee benefit program"if you die,but only until your legal repre sentative is ap- pointed; or (c)Your legal representative if you die,but only with re- spect to duties as such. That representative will have all your rights and du- ties under this Cover age Part. (3)Any org anization you newly ac- quire or form,other than a part- nership,joint venture or limited liability company,and over whi ch you ma intain ownership or majority interest,will qualify as a Named Insured if no other simi- lar insurance appli es to that or- ganization.However,coverage under this provision: (a)Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b)Does not apply to any act, error or omission that was committed before you ac- quired or formed the organi- zation. c.Limits Of Insurance As respects Employee Benefit Lia- bility Coverage,Section III -Limits Of Insurance is replaced by the fol- lowing: (1)The Limits of Insurance shown in Section B.Limits Of Insur- ance,1.Employee Benefit Li- ability Coverage and the rules below fix the mo st we will pay regardle ss of the number of: (a)Insur eds; (b)Cla ims made or "suits" brought; (c)Persons or organizations making claims or bringin g "suits"; (d)Acts, errors or omissions; or (e)Benefits included in your "emplo yee benefit pro- gram". (2)The Aggreg ate Limit shown in Section B.Limits Of Insurance, 1.Employee Benefit Liability Coverage of this endorsem ent is the mo st we will pay for all damages because of acts,errors or omissions negligently commi t- ted in the "adm inistration"of your "emplo yee benefit pro- gram". (3)Subject to the limit described in (2)above,the Each Employee Limit shown in Section B.Limits Of Insurance,1.Employee Benefit Liability Coverag e of this endorseme nt is the most we will pay for all damages sus- tained by any one "employee", includi ng damages sustained by such "emplo yee's"dependents and beneficiaries,as a result of: (a)An act, error or omission; or Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 6 of 23 (b)A series of related acts,er- rors or omissions, regard- less of the amo unt of time that lapses between such acts, errors or omissions; negli gently committed in the "administration"of your "em- ployee benefit program ". However,the amount paid under this endorsement shall not ex- ceed,and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the "emplo yee benefit program". (4)Dedu ctible Amount (a)Our obligation to pay dam- ages on behalf of the in- sured applies only to the amount of damages in ex- cess of the Deductible Amount stated in the Decla- rations as applicable to Each Employee. The limits of insurance shall not be re- duced by the amount of this deductible. (b)The Deductible Amount stated in the Declarations appli es to all dama ges sus- tained by any one "employ- ee", including such "em- ployee's"dependents and beneficiaries,because of all acts,errors or omissions to which this insurance ap- plies. (c)The term s of this insurance, includi ng those wi th re spect to: 1)Our right and duty to defend the insured against any "suits" seeking those damag- es; and 2)Your duties,and the duties of any other in- volved insur ed, in the event of an act,error or omission,or claim; apply irrespective of the ap- plication of the Deductible Amount. (d)W e may pay any part or all of the Deductible Amount to effect settleme nt of any claim or "suit"and,upon no- tification of the action taken, you shall promptly reim- burse us for such part of the Deductible Amount as we have paid. d. Additional Cond itions As respects Employee Benefit Lia- bility Co verage, Section IV -Co m- mercial General Liability Cond i- tions is amended as follows: (1)Item 2.Duties In The Event Of Occurren ce,Offense,Claim Or Suit is deleted in its entirety and replaced b y the followin g: 2.Duties In The Event Of An Act,Error Or Omission, Or Claim Or Suit a.You mu st see to it that we are notified as soon as practicable of an act, error or omission which may result in a claim. To the extent possible, notice should include: (1)W hat the act,error or omission was and when it oc- curred; and (2)The names and addresses of any- one who may suf- fer dam ages as a result of the act, error or omission. b.If a claim is made or "suit"is brought against any insured,you must: (1)Immediately rec- ord the specifics of the claim or "suit" and the date re- ceived; and (2)Notify us as soon as practicable. You mu st see to it that we receive written no- tice of the claim or "suit"as soon as prac- ticable. c.You and any other in- volved insured must: (1)Immediately send us copies of any demands,notices, summonses or le- gal papers re- ceived in connec- Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 7 of 23 tion with the claim or "suit"; (2)Authorize us to ob- tain records and other information; (3)Coop erate with us in the investigation or settlement of the claim or de- fense against the "suit"; and (4)Assist us,upon our request, in the enforcem ent of any right against any person or or- ganization which may be liable to the insured be- cause of an act, error or omission to which this in- surance may also apply. d.No insured will, except at that insur ed's own cost, voluntarily make a payment,assume any oblig ation,or incur any expense without our consent. (2)Item 5.Other Insurance is re- placed by the followi ng: 5.Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are li mited as follows: a. Primary Insurance This insurance is pri- mary except when c. below applies.If this in- surance is primary, our oblig ations are not af- fected unless any of the other insurance is also primar y.Then,we will share with all that other insur ance by the meth- od described in b.be- low. b.Method Of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we wi ll follow this method also.Under this appro ach each insurer contributes equal amounts until it has paid its appli cable limit of insur ance or none of the loss remains, whichever comes first. If any of the other in- surance does not per- mit contribution by equal shares,we will contribute by li mits. Unde r this method, each insurer's share is based on the ratio of its appli cable limit of in- surance to the total ap- plicable limits of insur- ance of all insurers . c.No Coverage This insurance shall not cover any loss for which the insured is en- titled to recovery under any other insurance in force previous to the ef- fective date of this Covera ge Part. e. Additional Definitions As respects Employee Benefit Lia- bility Coverage, Section V -Defini- tions is amended as follows: (1)The following definitions are added: 1."Administration"means: a.Providing information to "employees", including their dependents and beneficiaries,with re- spect to eli gibility for or scope of "emplo yee benefit programs "; b.Interpreting the "em- ployee benefit pro- grams"; c.Handli ng records in connection with the "employee benefit pro- grams"; or d.Effecting,continuing or termina ting any "em- ployee's"participation in any benefit included in the "emplo yee bene- fit progra m". Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 8 of 23 However,"administration" does not include: a.Handli ng payroll deduc- tions; or b.The failure to effect or maintain any insurance or adequate lim its of coverage of insurance, includi ng but not limited to unemployme nt in- surance,social security benefits,workers'com- pensation and disability benefits. 2."Cafeteria plans"mea ns plans authorized by appli- cable law to allow "employ- ees"to elect to pay for cer- tain benefits with pre-tax dollars. 3."Employee benefit pro- grams"means a program providing some of all of the following benefits to "em- ployees",whether provided through a "cafeteria plan"or otherwis e: a.Group life insurance; group accident or health insurance;den- tal,vision and hearin g plans;and flexible spending accounts; provided that no one other than an "employ- ee"ma y subscribe to such benefits and such benefits are mad e gen- erall y available to those "emplo yees"who satis- fy the plan's eligibility requirements ; b.Profit sharing plans, emplo yee savings plans,employee stock owne rship plans,pen- sion plans and stock subscription plans,pro- vided that no one other than an "emplo yee" may subscribe to such benefits and such ben- efits are ma de general- ly available to all "em- ployees"who are elig i- ble under the plan for such benefits; c.Unemployme nt insur- ance, social security benefits,workers'com- pensation and disability benefits;and d.Vacation plans, includ- ing buy and sell pro- grams;leave of ab- sence programs , in- cluding military,ma ter- nity,family,and civil leave; tuition assis- tance plans;transporta- tion and health club subsidie s. 4."First effective date"means the date upon which cover- age was first effected in a series of uninterrupted re- newals of insur ance cover- age. (2)The following definitions are de- leted in their entirety and re- placed by the followi ng: 8."Employee"means a per- son actively emplo yed, for- merly employed,on leave of absence or disabled,or re- tired."Employee"includes a "leased worker". "Employ- ee"does not include a "temporary worker ". 21."Suit"means a civil pro- ceeding in which money damages because of an act, error or omission to which this insurance applies are alleged. "Suit"includes: a.An arbitration proceed- ing in which such dam- ages are claimed and to which the insured must submit or does submit with our con- sent; b.Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the in- sured submits with our consent;or c.An appeal of a civil proceeding. 2.Unintentional Failure To Disclose Haz- ards Section IV -Co mmercial General Lia- bility Con ditions, 7.Repr esentations is amended by the addition of the following: Based on our dependence upon your rep- resentations as to existing hazards, if un- Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 9 of 23 intentionally you should fail to disclose all such hazards at the inception date of your policy,we will not reject coverage under this Cover age Part based solely on such failure. 3.Damage To Premises Rented To You a.The last Paragraph of 2. Exclusions under Section I -Coverage A -Bod- ily Injury And Property Damage Li- ability is replaced by the followin g: Exclusions c.through q.do not ap- ply to "property damage"by fire,ex- plosion, lightnin g,smok e or soot to premises while rented to you or temporaril y occupied by you with permission of the owner, for which the amount we will pay is limited to the Damage To Premises Rented To You Limit as described in Sec- tion III -Limits Of Insurance. b.The insurance provided under Sec- tion I -Coverage A -Bod ily Injury And Property Damage Liability ap- plies to "property dam age"arising out of water damage to premises that are both rented to and occupied by you. (1)As respects W ater Damage Le- gal Liability,as provided in Par- agraph 3.b.above: The exclusions under Section I - Coverag e A -Bodily Injury And Property Damage Liabil- ity,2.Exclusions,other than i. War and the Nuclear Energy Liability Exclusion (Broad Form),are deleted and the fol- lowing are added: This insurance does not apply to: (a)"Property damag e": (i)Assumed in any con- tract or agre emen t; or (ii)Caused by or resulting from any of the follow- ing: 1)W ear and tear; 2)Rust or other cor- rosion,decay,de- terioration,hidden or latent defect or any quality in proper ty that causes it to dam- age or destroy it- self; 3)Smog; 4)Mechanical break- down including rupture or bursting caused by centrif- ugal force; 5)Settli ng,cracking, shrinking or ex- pansion; 6)Nesting or infesta- tion,or discharge or release of waste pro ducts or secretions,by in- sects,birds, ro- dents or other an- imals; or 7)Presence,growth, proliferation, spread or any ac- tivity of fungus, in- cluding mold or mildew,and any mycotoxins, spores,scents or byproducts pro- duced or released by fungi. (b)"Property Damage"caused directly or indirectly by any of the following: (i)Earthquake, volcanic eruption, landslide or any other earth mo ve- ment; (ii)W ater that backs up or overflows or is other- wise discharged from a sewer, drain, sump, sump pump or related equipme nt; (iii)W ater under the ground surface pressing on,or flowing or seeping through: 1)Foundations, walls, floors or paved surfaces; 2)Basement s, whether paved or not; or 3)Doors,windows or other openings. (c)"Property damag e"caused by or resul ting from water that leaks or flows from plumbing,heating,air condi- tioning, fire protection sys- tems,or other equipment , Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 10of 23 caused by or resulting from freezing, unless: (i)You did your best to maintain heat in the buildin g or structure;or (ii)You drained the equipme nt and shut off the water supply if the heat was not main- tained. (d)"Property damage"to: (i)Plumbin g, heating,air conditioning, fire pro- tection systems,or oth- er equipment or appli- ances; or (ii)The interior of any buildin g or structure,or to personal property in the building or structure caused by or resulting from rain,snow,sleet or ice,whether driven by win d or not. c.Limit Of Insurance W ith respect to the insurance afford- ed in Paragra phs 3.a.and 3.b. above,the Damage To Premises Rented To You Limit as shown in the Declarations is am ended as fol- lows: (1)Paragra ph 6.of Section III - Limits Of Insurance is replaced by the following: 6.Subject to Paragraph 5. above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A -Bodily Injury And Property Dam- age Liability for dama ges because of "property dam- age"to any one premises: a.W hile rented to you,or temporaril y occupied by you with permission of the owner; b.In the case of damage by fire, explosion, light- ning,smoke or soot, whi le rented to you;or c.In the case of damage by water,wh ile rented to and occupied by you. (2)The most we wi ll pay is limited as described in Section B. Lim- its Of Insurance,3.Damage To Premises Rented To You of this endorseme nt. 4.Supplementary Payments Unde r Section I -Supp lementary Pay- ments -Coverages A And B: a.Paragra ph 2.is replaced by the fol- lowing: Up to the limit shown in Section B. Limits Of Insurance,4.a.Bail Bonds of this endorseme nt for cost of bail bonds require d because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liabil ity Coverage ap- plies.W e do not have to furnish these bonds. b.Paragra ph 4.is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the li mit shown in Section B.Limits Of Insurance, 4.b.Loss O f Earnings of this en- dorseme nt per day because of time off from work. 5.Medical Payments Section I -Coverage C -Medical Pay- ments,2.Exclusions,a. Any Insured is replaced by the followi ng: a. Any Insured To any insured, except: (1)A "volunteer worker"; or (2)A student in training,medical di- rector or administrator who is providing services on your be- half. 6.180 Day Co verag e For Newly Formed Or Acqu ired Organizations Section II -Who Is An Insured is amended as follows: Subparagraph a.of Paragraph 3.is re- placed by the followin g: a.Insur ance under this provision is af- forded only until the 180th day after you acquire or form the orga nization or the end of the policy period, whichever is earlier; 7.Waiver Of Subrogation Section IV -Commercial General Lia- bility Con ditions,9.Transfer Of Rights Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 11of 23 Of Recovery Ag ainst Others To Us is amended by the addition of the following: W e wai ve any right of recovery we ma y have against any person or organization again st whom you have agreed to waive such right of recovery in a written contract or agreem ent because of payments we make for injury or damage arising out of your ongoing operations or "your work " done under a written contra ct or agree- ment with that person or org anization and included in the "products-comple ted op- erations hazard". Howe ver, our rights may only be wai ved prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Co v- erage Part.The insured mu st do nothing after a loss to impair our rights.At our re- quest,the insured will bring "suit"or transfer those rights to us and help us en- force those rights. 8. Au tomatic Additional In sured -Speci- fied Relationships a.The following is added to Section II - Who Is An Insured : (1)Any person(s)or organization(s) described in Paragraph 8.a.(2) of this endorsement (herein after referred to as additional insured) whom you are required to add as an additional insured under this Coverage Part by reason of a written contract,written agreemen t,written permit or written authorization or, only wi th respect to Paragraph 8.a.(2)(i)of this endorsement,an oral agreem ent or contract. (2)Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coverage provid- ed to such additional insure ds is limited as provided herein: (a)Managers Or Lessors Of Premises The manager or lessor of a premises leased to you wi th whom you have agreed per Paragra ph 8.a.(1)of this endors ement to provide in- surance,but only wi th re- spect to liability arising out of the ownershi p,mainte- nance or use of that part of the premises leased to you, subject to the followin g ad- ditional exclusions: This insurance does not ap- ply to: (i)Any "occurrence"which takes place after you cease to be a tenant in that premises; (ii)Structural alterations, new construction or demolition operations performed by or on be- half of such additional insured. (b) Lesso r Of Leased Equip- ment Any person or organization from whom you lease equipme nt when you and such person(s)or organiza- tion(s) have agreed per Paragra ph 8.a.(1)of this endors ement to provide in- surance. Such person(s)or organization(s)are insureds only wi th respect to liability for "bodil y injury", "property damage"or "personal and advertising injury"caused, in whole or in part,by your maintenance,operation or use of equipme nt leased to you by such person(s)or organization(s).A person's or organization's status as an additional insur ed under this endorsem ent ends when their contract or agreem ent with you for such leased equipment ends. However, this insurance does not apply to any "oc- currence"which takes place after the equipmen t lease expires. (c)Vendors Any person or organization (referred to below as ven- dor)with whom you have agreed per Paragraph 8.a.(1)of this endorsement to provide insurance,but only with respect to "bodil y injury"or "property damag e" arising out of "your prod- ucts"which are distributed or sold in the regular course of the vendor's business, subject to the followin g ad- ditional exclusions: (i)The insur ance afforded the vendor does not apply to: Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 12of 23 1)"Bodily injury"or "property damage " for which the ven- dor is obligated to pay damag es by reason of the as- sumption of liabil- ity in a contract or agreem ent.This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreem ent; 2)Any express war- ranty unauthorized by you; 3)Any physical or chem ical change in the product made intentionally by the vendor; 4)Repa ckaging,ex- cept when un- packed solely for the purpose of in- spection,demon- stration,testing,or the substitution of parts under in- structions fro m the manufacturer,and then repackaged in the origina l con- tainer; 5)Any failure to make such inspec- tions,adjustments, tests or servicing as the vendor has agreed to make or normally under- takes to make in the usual course of business, in connection with the distribution or sale of the prod- ucts; 6)Demonstration,in- stallation, servic- ing or repair oper- ations, except such operations performed at the vendor's premises in connection with the sale of the product; 7)Products whi ch, after distribution or sale by you,have been labeled or re- labeled or used as a container,part or ingredient of any other thing or sub- stance by or for the vendor; or. 8)"Bodil y injury"or "property damage " arising out of the sole negligence of the vendor for its own acts or omis- sions or those of its employees or anyone else acting on its behalf. How ever,this ex- clusion does not apply to: a)The excep- tions con- tained in Par- agraphs (c)(i)4)or 6)of this endorse- men t;or b)Such inspec- tions,adjust- men ts,tests or servicing as the vendor has agreed to make or nor- mally under- takes to make in the usual course of business,in connection with the distri- bution or sale of the prod- ucts. (ii)This insurance does not apply to any in- sured person or organi- zation: 1)From whom you have acquired such products,or any ingredient, part or container, entering into,ac- companying or containin g such products;or Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 13of 23 2)W hen liability in- cluded within the "products- comple ted opera- tions hazard"has been excluded under this Cover- age Part with re- spect to such products. (d) State Or Go vernmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Any state or governmental agency or subdivision or po- litical subdivision with which you have agreed per Para- graph 8.a.(1)of this en- dorseme nt to provide insur- ance, subject to the foll ow- ing additional provision: This insurance applies only: (i)W ith respect to the fol- lowing hazards for which the state or gov- ernmen tal agency or subdivision or political subdivision has issued a permit or authoriza- tion in connection with premises you own,rent or control and to which this insurance applies: 1)The existence, maintenance, re- pair,construction, erection or remo v- al of advertising signs,awnings, canopies, cellar entran ces, coal holes,driveways, manholes,ma r- quees,hoist away openings, side- walk vaults,street banners or deco- rations and similar exposures;or 2)The construction, erection or remov- al of elevators; or 3)The ownership, maintenance or use of any eleva- tors covered by this insurance. (ii)W ith respect to opera- tions performed by you or on your behalf for which the state or gov- ernmen tal agency or subdivision or political subdivision issued, in writing,a contract, agreem ent,permit or authorization. However,with regard to (d)(ii)above,this in- surance does not apply to: 1)"Bodily injury", "property damage " or "personal and advertising injury" arising out of op- erations performed for the federal government, state or municipality; or 2)"Bodily injury"or "property damage " included wi thin the "products- comple ted opera- tions hazard". (e)Mortgagee,Assignee Or Receiver Any person or organization with whom you have agreed per Paragraph 8.a.(1)of this endors ement to provide in- surance,but only wi th re- spect to their liability as mortgagee ,assignee,or re- ceiver and arising out of the owne rship, maintenance,or use of the premises by you. However, this insurance does not apply to structural alterations,new construc- tion and demolitio n opera- tions performed by or for that person or organization. (f) Grantor Of Franchise Any person or organization with whom you have agreed per Paragraph 8.a.(1)of this endors ement to provide in- surance,but only wi th re- spect to their liability as the grantor of a franchise to you. (g)Owners,L essees Or Con- tractors Any person or organization with whom you have agreed per Paragraph 8.a.(1)of this Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 14of 23 endors ement to provide in- surance,but only wi th re- spect to liability for "bodil y injury," "property damage " or "personal and advertis- ing injury"caused,in whole or in part,by: i)Your acts or omissions; or ii)The acts or om issions of those acting on your behalf; in the performance of your ongoing operations for the additional insure d when re- quired b y a written contract. W ith respect to the insur- ance afforded to these addi- tional insure ds,the followin g exclusions apply: This insurance does not ap- ply to "bodily injury"or "property damage"occur- ring after: 1)All work,including ma- terials,parts or equip- ment furnished in con- nection with such work, on the project (other than service,ma inte- nance or re pairs)to be performed by or on be- half of the additional in- sured(s)at the location of the covered opera- tions has been com- pleted;or 2)That portion of "your work "out of whi ch the injury or dam age arises has been put to its in- tended use by any per- son or organizatio n other than another con- tractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. (h)Cont rolling Interes t Any person or organization with wh om you have agreed per Paragraph 8.a.(1)of this endors ement to provide in- surance,but only wi th re- spect to their liability arising out of: (i)Their financial control of you;or (ii)Premises they own maintain or control whi le you lease or oc- cupy these premises. This insurance does not ap- ply to structural alterations, new construction and demo- lition operations performed by or for that person or or- ganization. (i)Benefactors Or Grantors Any person or organization with whom you have agreed per Paragra ph 8.a.(1)above to provide insurance,but only with respect to "bodil y injury", "property dama ge", or "personal and advertising injury"arising out of: (i)Their providin g financ- ing or funding to you; or (ii)Premises they own, maintain or control whi le you lease or oc- cupy these premises. This insurance does not ap- ply to structural alterations, new construction and demo- lition operations performed by or for that person or or- ganization. (3)The insurance afforded to addi- tional insureds described in Par- agraph 8.a.(1)of this endorse- ment: (a)Only applies to the extent permitted by law; and (b)W ill not be broader than that which you are required by the written contract,written agreem ent,written permit or written authorization to pro- vide for such additional in- sured; and (c)Does not apply to any per- son,organization,vendor, state,governmental agency or subdivision or political subdivision,specifically named as an additional in- sured under any other pro- vision of,or endorsement added to,this Coverage Part,provided such other provision or endorsement covers the injury or damage Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 15of 23 for which this insurance ap- plies. b.W ith respect to the insurance afford- ed to the additional insureds de- scribed in Paragra ph 8.a.(1)of this endors emen t,the follo win g is added to Section III -Limits Of Insurance: The mo st we will pay on behalf of the additional insured is the amount of insur ance: (1)Required by the written contract, written agreement,written permit or written authorization de- scribed in Paragraph 8.a.(1)of this endorseme nt;or (2)Available under the applicable Limits of Insur ance shown in the Declarations; whichever is less. This endors eme nt shall not increase the applicable Limits of Insur ance shown in the Decla rations. c.Section IV -Commercial General Liability Conditions is amended to include the followin g: Au tomatic Additional Insured Pro- vision This insurance applies only if the "bodily injury"or "property damage" occurs,or the "personal and advertis- ing injury"offense is committed: (1)Durin g the policy period; and (2)Subsequent to your execution of the written contract or written agreem ent,or the issuance of a written permit or written authori- zation,described in Paragraph 8.a.(1). d.Section IV -Commercial General Liability Conditions is am ended as follows: Cond ition 5. Other Insurance is ame nded to include: Primary An d Non contributory In- surance This insurance is primary to and will not seek contribution from any other insur ance available to an additional insured per Paragraph 8.a.(1)of this endors emen t provided that: (1)The additional insured is a Named Insured under such oth- er insurance; and (2)You have agreed in writing in a contract,agreement,permit or authorization described in 8.a.(2) of this endorseme nt that this in- surance would be prim ary and would not seek contribution from any other insurance available to the additional insured. 9.Property Damage To Borrowed Equipment a.The followin g is added to Exclusion 2.j.Damage To Prop erty under Section I -Coverage A -Bodily In- jury And Prop erty Damage Liabi l- ity: Paragra phs (3)and (4)of this exclu- sion do not apply to tools or equip- men t loaned to you,provided they are not being used to perform opera- tions at the time of loss. b.W ith respect to the insura nce provid- ed by this section of the endorse- men t,the followin g additional provi- sions apply: (1)The Limits of Insurance shown in the Declarations are replaced by the limits designated in Sec- tion B.Limits Of Insurance,9. Property Damage To Bo r- rowed Equipment of this en- dorseme nt with respect to cov- erage provided by this endorse- ment.These li mits are inclusive of and not in addition to the lim- its being re placed.The Limits of Insurance shown in Section B. Limits Of Insurance,9. Proper- ty Damage To Borrowed Equipment of this endorseme nt fix the most we will pay in any one "occurrence"regardless of the number of: (a)Insur eds; (b)Cla ims made or "suits" brought; or (c)Persons or organizations making claims or bringin g "suits". (2)Dedu ctible Clause (a)Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amou nt stated in Section B.Limits Of Insur- ance,9. Property Damage To Borrowed Equipment Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 16of 23 of this endorsement.The limits of insurance will not be reduced by the applic a- tion of such Deductible Amount. (b) Section IV -Commercial General Liability Con di- tions,2.Duties In The Event Of Occurrence,Of- fense, Claim Or Suit,ap- plies to each claim or "suit" irrespective of the amount. (c)W e ma y pay any part or all of the deductible amount to effect settleme nt of any claim or "suit"and,upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible am ount as has been paid by us. 10.Employees As Insureds -Specified Health Care Services Paragra ph 2.a.(1)(d)under Section II - Who Is An Insured does not appl y to: Your "emplo yees"who provide profes- sional health care services on your behalf as a duly licensed nurse,emergency medical technician or paramedic in the ju- risdiction where an "occurrence"or of- fense to which this insurance appli es takes place. 11.Broadened NoticeOf Occurrence Paragra ph a.of Condition 2.Duties In The Even t Of Occurrence,Offense, Claim Or Suit under Section IV -Com- mercial General Liability Con ditions is replaced b y the followin g: a.You must see to it that we are noti- fied as soon as practicable of an "oc- currence"or an offense which ma y resul t in a claim.To the extent possi- ble, notice should include: (1)How,when and where the "oc- currence"or offense took place; (2)The names and addresses of any injure d persons and wi t- nesses;and (3)The nature and location of any injury or damage arising out of the "occurrence"or offense. This requireme nt applies only when the "occurrence"or offense is known to an "authorized representative". 12.Nono wn ed Aircraft The following is added to Exclusion 2.g. Aircraft,Auto Or Watercraft under Sec- tion I -Coverage A -Bod ily Injury And Property Damage Liability: This exclusion does not apply to an air- craft you do not own, provided: a.The pilot in comma nd holds a current effective certificate, issued by a duly constituted authority of the United States of America or Cana da,desig- nating that person as a commercia l or airlin e transport pilot; b.The aircraft is rented with a trained, paid crew; and c.The aircraft does not transport per- sons or cargo for a charge. 13.Bodily Injury Redefined Section V -Definitions,4."Bodily injury" is replaced by the followin g: 4."Bodily injury"means bodil y harm or injury,sickness,disease,disability, humiliation, shock,fright,men tal an- guish or mental injury,including care, loss of services or death resulting from any of these at any time . 14.Expected Or Intended Injury Redefined The last sentence of Exclusion 2.a.Ex- pected Or Intended Injury under Sec- tion I -Coverage A -Bod ily Injury And Property Damage Liability is replaced by the following: This exclusion does not apply to "bodily injury"or "property damag e"resulting from the use of reasonable force to pro- tect persons or proper ty. 15.Former Employees As Insureds The followin g is added to Paragraph 2. under Section II -Who Is An Insured: 2.Each of the followin g is also an in- sured: Any of your former "employees",di- rectors,managers,members ,part- ners or "executive officers",including but not limited to retire d,disabled or those on leave of absence,but only for acts within the scope of their em- ployme nt by you or for duties related to the conduct of your business. 16.Broadened Who Is An Insu red a.Section II -Who Is An Insured, Paragra ph 2.is amended to include: Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 17of 23 2.Each of the following is also an insured: a.Your officials,trustees, board members,insura nce managers,medical directors and administrators whi le acting within the scope of their duties as such. b.Your students in tra ining and "not for profit mem- bers",but only with respects to their liability for duties or activities they perform on your behalf. c.Your "independent contrac- tor"but only wi th respects to their liability for services provided to your "client". b.Section IV -Commercial General Liability Conditions,5.Other In- surance is replaced by the following: 5.Other Insurance This insurance is excess over any other valid and collectible insur ance,including deductible, or agreeme nt of indem nity avail- able to the "independent con- tractor",whether primary,ex- cess, contingent or on any other basis.Other valid and collectible insur ance includes,but is not limited to,policies or insurance programs purchased or estab- lished by or on behalf of the "in- dependent contractor"to insure against liability arising from ac- tivities of the "independent con- tractor",whether primary,ex- cess, contingent,or on any other basis. c.Section V -Definitions is amen ded to include: 1."Independent contractor" mea ns a social service pro- fessional who you do not classify as an "employee", and to whom you refer "cli- ents"or who provide ser- vices to your "cli ents"on your behalf.An "independ- ent contractor"does not in- clude those performing con- struction, weatherizatio n, maintenance and related services. 2."Not for profit member s" mea ns a person who is a member of a not-for-profit organization, including clubs and churches,who receives no financial or other com- pensation. 17.Replacement Of Customers K eys Or Locks Section I -Coverage A -Bodily Injury An d Property Damage Liability,2.Ex- clusions,j.Damage To Property,(4)is replaced b y the followin g: (4)Personal property in the care,custo- dy, or control of an insured. However, this exclusion does not ap- ply to the replacemen t of keys,ad- justment of locks to accept new keys, or if required, replacemen t and instal- lation of locks,or the hiring of tempo- rary security services as a result of you or your "emplo yees"losing keys on your customer's premises. (a)The most we will pay is limited as described in Section B. Lim- its Of Insurance,17.Replace- ment Of Customers Keys Or Locks of this endorsem ent. (b)Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence"which are in ex- cess of the Deductible Amount stated in Section B.L imits Of Insurance,17.Replacement Of Customers Keys Or Locks of this endorsement.The limits of insurance will not be reduced by the application of such deducti- ble amou nt. 18.Limited Employee Criminal Defense Expense Coverage a.Coverag e (1)W e will pay defense costs in- curred by your medical director or administrator for criminal pro- ceedings arising solely from acts in his or her capacity as medical director or administrator for you. However,you mu st have a prior written agreeme nt with the med- ical director or administrator whereby you agre e to pay the medical director or administrator for such defense costs,and the written agreeme nt must include a provision for repayment by the medical director or administrator of defense costs in the event of a conviction or plea of guilty. Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 18of 23 b.Limits Of Insurance (1)The Limits of Insurance shown in Section B.Limits Of Insur- ance,18.Limited Employee Criminal Defense Expense Coverage of this endorsem ent is the most we will pay regard- less of the number of: (a)Insur eds; (b)Cla ims,indictments ma de or criminal proceedings brought; or (c)Persons or organizations makin g claims or bringing criminal proceedings. (2)The Aggreg ate Limit shown in Section B.Limits Of Insurance, 18. Limited Employee Criminal Defense Expense Co verage of this endorseme nt is the most we will pay during the "coverage term ". (3)Subject to the limit described in (2)above,the Each Criminal Proceedings Limit shown in Sec- tion B.Limits Of Insurance, 18. Limited Employee Criminal Defense Expense Co verage of this endorseme nt is the most we will pay for covered defense costs arising out of any one criminal proceeding. 19.Limited Assault Expense Coverage a.W e will pay medical expenses for "bodily injury"sustained by any in- sured resulting from an "assault" committe d: (1)On prem ises you own or re nt; (2)On premises of a "client"who is in your care; or (3)W hile you are traveli ng to or from those prem ises; because of your operations,provid- ed: (1)The "bodil y injur y"takes place in the "coverage territory"and dur- ing the polic y period ; (2)The expenses are incurred and reported to us within 60 days of the date of the "assault"; (3)The injure d person submits to examination,at our expense,by physicians of our choice,as of- ten as we reasonably require; and (4)The actions of the injured person did not contribute in any way to the "bodily injury". b.W e will make these payments re- gardless of fault.These payments will not exceed the applicable Limit of Insur ance stated in Section B.Limits Of Insurance, 19.Limited Assault Expense Coverage.W e will pay reasonable expenses for: (1)First aid administered at the time of the "assault"; (2)Medical,surgical,x-ray and den- tal services,including prosthetic devices; and (3)Ambulance,hospital,profes- sional nursing and funera l ser- vices. c.W e will pay for reimburseme nt for "property damage"to any insured's personal property sustained from an "assault"committed: (1)On prem ises you own or re nt; (2)On premises of a "client"who is in your care; or (3)W hile you are traveling to or from those prem ises; because of your operations. d.Exclusions Workers'Compensation An d Simi- lar Laws W e will not pay expenses to an in- sured if valid and collectible workers' compensation coverage is in place or is required under a workers'com- pensation or disability benefits law or similar law. e.Limits Of Insurance (1)The Limits of Insurance shown in Section B.Limits Of Insur- ance, 19.Limited Assault Ex- pense Co verag e of this en- dorseme nt is the most we will pay regardless of the number of: (a)Cla ims made; or (b)Persons or organizations making cla ims. (2)The Aggreg ate Limit shown in Section B.Limits Of Insurance, 19.L imited Assault Expense Coverage of this endorsem ent is the most we will pay during the "coverage term". Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 19of 23 (3)Subject to the limit described in (2)above,the Each Person Limit shown in Section B. Limits Of Insurance,19.Limited Assault Expense Coverage of this en- dorseme nt is the most we will pay for all "bodily inju ry"and "property dama ge"arising out of any "assault"to any insured. f.Additional Definition For this endorsement only,Section V -Definitions is revised to add the following definition: "Assault"mea ns: (1)Any willful attempt to inflict phys- ical harm on an "emplo yee"by someone other than another "emplo yee"which results in "bodily injury"; or (2)Any wi llful attempt to inflict "property damage"on the per- sonal property of an "emplo yee" by someone other than another "emplo yee". 20.Limited Rental Lease Agreement Co n- tractual Liability Coverage a.Section I -Coverage A -Bodily In- jury And Property Damage Li abi l- ity,2.Exclusions,b.Contractual Liability is amended to include the following: At your request,we will pay on your behalf damages arising out of "bodily injury"or "property dam age"that you are obligated to pay by reason of the assumption of liability in a written contract or agreement,that is not an "insured contract",regarding the rental or lease of premises on behalf of your "client". This insur ance applies only to a re nt- al or lease agre emen t. b.As respects Limited Rental L ease Agreement Contractual L iability Coverage,Section IV -Commercial General Liability Cond itions,5. Other Insu rance is replaced by the following: This insur ance is excess over any other valid and collectible insurance, includi ng deductible,or agreeme nt of indem nity available to the "client", whether primary,excess,contingent or on a ny other ba sis. Other valid and collectible insur ance includes,but is not limited to,polic ies or insurance programs purchased or establi shed by or on behalf of the "client"to insure against liability aris- ing from activities of the "client", whether primary,excess,contingent, or on a ny other ba sis. c.The Limits Of Insurance shown in Section B.L imits Of Insu ran ce,20. Limited Rental Lease Agreement Cont ractual Liability Coverage fix the mo st we wi ll pay in any one "oc- currence"regardless of the numbe r of: (a)Insur eds; (b )Cla ims ma de or "suits"brought; or (c)Persons or organizations ma king claims or bringing "suits". 21.Fellow Employee Coverage Section II -Who Is An Insured is amended as follows: Paragra phs 2.a.(1)(a)and 2.a.(1)(b)are replaced b y the followin g: (1)"Bodily inju ry"or "personal and ad- vertising injury": (a)To you. 22.Personal and Advertising Injury Red e- fined Section V -Definitions,17."Personal and advertising injury"is replaced by the following: 17."Personal and advertising injury" mea ns injury, including consequential "bodily injury",arising out of one or more of the following offenses: a.False arrest,detention or im- prisonme nt; b.Malicious prosecution; c.Abuse of process; d.The wrongful eviction from, wrongful entry into,or invasion of the right of private occupancy of a room,dwelling or premises that a person occupies, commi t- ted by or on behalf of its owner, landlord o r lessor; e.Oral or written publication, in any manner, of material that slan- ders or libels a person or organi- zation or disparages a person's or organization's goods,prod- ucts or services; Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 20of 23 f.Oral or written publication, in any manner,of material that violates a person's right of privacy; g.The use of another's advertising idea in your "advertiseme nt"; h.Infringing upon another's copy- right,trade dress or slogan in your "advertiseme nt"; or i.Discrimination,based on race, color,religion,sex,age or na- tional origin, except when: (1)Done intentionally by or at the direction of,or with the knowledge or consent of: (a)Any insured;or (b)Any "executive officer", director,stockholder, partne r or memb er of the insured; (2)Directly or indirectly rela ted to the sale,rental,lease or sublease or prospective sales,rental, lease or sub- lease of any room,dwel ling or premises by or at the di- rection of any insured; or (3)Insur ance for such discrim i- natio n is prohibited by or held in violation of law, pub- lic polic y,legislation,court decision or administrative ruling. This coverage does not apply to fines or penalties imposed because of dis- crimination. 23.Voluntary Property Damage Coverage a.Coverag e D -Voluntary Property Damage Coverag e Section I -Coverages is ame nded to include the followi ng: (1)Insuring Agreement (a)W e will pay the cost to re- pair or replace "property damage"to property of oth- ers arising out of operations incidental to your business when: 1)Damage is caused by you;or 2)Damage occurs whil e in your possession. At your written request,we will make this payment re- gardless of whether you are at fault for the "property damage". If you,at our re quest, re- place,or mak e any repairs to, damaged property of others,the amount we will pay under Voluntary Prop- erty Damage Coverage will be determined by your ac- tual cost to re place or repair the damaged property,ex- cluding any profit or over- head. Any payment we mak e un- der Voluntary Property Damage Coverage shall not be interpreted as an admission of liability by you or by us. It shall be your duty,not our duty,to defend any claim or "suit"to whi ch this insur- ance applies. No other obli gatio n or liabil- ity to pay sums or perform acts or services is covered. (b)This insurance applies to "property dama ge"only if: 1)The "property damage " takes place in the "cov- erage territory"; and 2)The "property damage " occurs during the policy period. (2)Exclusions This insur ance does not apply to "property damage"that would be excluded by Coverage A - Bod ily Injury And Prop erty Damage Liability,2.Exclu- sions,except for j.Damage To Proper ty,paragraphs (3),(4), (5)and (6), k.Damage To Your Product,and l.Damage To Your Work. b.Limits Of Insurance And Deducti- bles For purposes of the coverage provid- ed by Voluntary Property Damage Coverag e, Section III -Limits Of Insurance is amended to include the following: (1)The Limits of Insurance shown in the Declarations are replaced by the limits designated in Sec- tion B.Limits Of Insurance,23. Voluntary Property Damage Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 21of 23 Coverag e,of this endorsement. These limits are inclusive of,and not in addition to,the limits being replaced.The Limits of Insur- ance shown in the Schedule fix the most we will pay regardle ss of the numbe r of: (a)Insur eds; (b)Cla ims made or "suits" brought; or (c)Persons or organizations makin g claims or bringin g "suits". (2)Subject to (3)below,the Volun- tary Property Damage Co ver- age Each Occurrence Limit of Insur ance is the most we will pay for the sum of damage s un- der Voluntary Property Dam- age Coverage because of all "property dama ge"arising out of any one "occurrence". (3)The Voluntary Property Dam- age Aggreg ate Limit of Insur- ance is the most we will pay for the sum of all damages under Voluntary Property Damage Coverag e.This limit applies separately to each "coverage term ". (4)Deductible Clause (a)Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount stated for the applicable coverage in the Schedule.The limits of insurance will not be re- duced by the application of such Deductible Am ount. (b) Section IV -Commercial General Liability Con di- tions,2.Duties In The Event Of Occurrence,Of- fense,Claim Or Suit,ap- plies to each claim or "suit" irrespective of the amount. (c)W e ma y pay any part or all of the Deductible Amount to effect settleme nt of any claim or "suit"and,upon no- tification of the action taken, you shall promptly reim- burse us for such part of the Deductible Am ount as has been paid by us. c.Definitions For purposes of Voluntary Prop erty Damage Coverage only,the follow- ing definitions under Section V -Def- initions are replaced by the follow- ing: 16."Occurrence"means an incident, includi ng continuous or repeated exposure to substantially the same general harmful conditions that result in "property dama ge". 20."Property damage"means phys- ical injury to tangible property. "Electronic data "is not tangible proper ty,and "property damage" does not include disappearance, abstraction or theft. 24.Worldwide Liability Coverage Extension a.Section I -Coverage A -Bodily Injury An d Property Damage Liability,Cover- age B -Personal And Ad vertising Inju- ry Liability and Coverag e C -Medical Payments are amended by adding the following to their insurin g agreements : W ith regard to claims or "suits"brought outside of the territory described in Para- graph a.of the definition of "coverage ter- ritory": If we are prevented by law or other cir- cumstances we deem beyond our contro l from investigating,settling or defending a claim or "suit"to which this insurance ap- plies,we will pay you for any re asonable expenses incurred with our written con- sent in the investigation,settleme nt or de- fense of said claim or "suit". However : (1)The amount we will pay for judg- men ts or settlements is li mited as described in Section III -Limits Of Insurance; and (2)Our duty to pay the reasonable cost of any investigation and defense ends when we have used up the ap- plicable limit of insurance in the pay- men t of judgmen ts or settlements under any coverage provided by this Covera ge Part. W ith regard only to claims or "suits" brought outside of the territory described in Paragraph a.of the definition of "cover- age territory": If we are prevented by law or other cir- cumstances we deem beyond our contro l from investigating,settling or defending a claim or "suit"to which this insurance ap- plies,the insured must make or cause to be made such investigation,defense or Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 22of 23 settleme nt as ma y be reasonably neces- sary. However: (1)All such investigation,defense and settleme nt negotiations must be con- ducted under our supervision; and (2)Settlement of a claim or "suit"ma y only be made with our prior written authorizatio n. b.Section I -Coverage A -Bodily Injury An d Property Damage Liability,2.Ex- clusions and Coverage B -Personal An d Advertising Injury Liab ility, 2.Ex- clusions are ame nded by adding the fol- lowing: This insurance does not apply to: (1)Any liability arising out of the owner- ship,maintenance or use of premises located outside of the territory de- scribed in Paragraph a.of the defini- tion of "coverage territory"; or (2)Any liabili ty arising out of operations on the premises described in Para- graph (1)above or elsewhere which are necessary or incidental to the owne rship,maintenance or use of those premises; or (3)Any liability arising out of goods or products manufactured or distributed from any premises described in (1) above. c.Section IV -Commercial General Lia- bility Cond itions is amended as follows: 1.The following is added to Condition 2.Duties In The Event Of Occur- rence,Offense,Claim Or Suit,but only with regard to claims or "suits" brought outside of the territory de- scribed in Paragraph a.of the defini- tion of "coverage territory"as mo di- fied by 24.Worldwide Liability Coverag e Extension, d.1. If we are prevented by law or other circumstan ces we deem beyond our control from investigating,settling or defending a claim or "suit"to which this insurance applies, the insured must mak e or cause to be made such investigation,defense or set- tlement as ma y be re asonably nec- essary. However : a.All such investigation, defense and settlement negotiations must be conducted under our supervision; and b.Settlement of a claim or "suit" may only be made with our prior written authorization. 2.The following is added to Condition 5. Other Insuran ce: d.W ith regard to claims or "suits" brought outside of the United States of America (including its territorie s and possessions), Puerto Rico and Canada,to which this insurance applie s: (1)W e will have no duty under any coverage of this en- dorseme nt to defend the in- sured against any "suit"if any other insurer has a duty to defend the insured against that "suit". If no oth- er insurer defends,we will undertake to do so,but we will be entitled to the in- sured's rights against all those other insurers ; and (2)W e will pay only our share of the amount of loss, if any, that exceeds the sum of: (a)The total amount that all such other insurance would pay for the loss in the absence of this insur ance; and (b)The total of all deducti- ble and self-insur ed amounts under all that other insurance. 3.The followin g Co nditions are here by added: (a) Office Of Foreign Assets Co n- trol (OFAC) Compliance W henever insurance coverage provided by this endorsem ent would be in violation of any United States economic or trade sanctions, such insurance cov- erage shall be null and void. (b)Requ ired Insu ran ce This insurance is not a replace- ment for "required insurance". Insur eds must conform with all laws mandating "required insur- ance".An insured's non- compliance with any such law(s) shall not abrogate the insurance provided under this Coverage Part. Nevertheless,our li abil ity in the event of an insured's non- compliance with a "require d in- surance"law(s)will be,with re- gard to claims or "suits"to which both this insurance and any "re- quired insurance"would apply, Includes copyrighted material of Insurance GA 262 MT 09 17 Services Office, Inc.,with its permission.Page 23of 23 no greater than it would have been had the insured been in compliance wi th the "require d insur ance"law(s). W e shall not be liable for nor will we pay any fees, fines or penal- ties whi ch are the result of an in- sured's noncom pliance with any "required insurance"law(s). (c)Currency The Limits of Insurance set forth in the Declarations for this Co v- erage Part are denominated in the currency of the United States of America (U.S.dollars). Any payments we mak e under the terms of this Coverag e Part out- side of the United States of America in a currency other than United States dollars shall be made at the prevail ing currency exchange rate on the date a set- tlement is made,a judgmen t is render ed or other payable or in- dem nifiable expenses are agreed to by us. In no event shall the total amounts payable or indemn ifia- ble exceed the Limits of Insur- ance in Uni ted States currency for the applicable policy period of portion thereof. d. Additional Definitions As respects Worldwide Liability Co ver- age Extension,Section V -Definitions is amended as follows: 1.Definitio n 6."Covera ge territory"is replaced by the following: 6."Covera ge territory"mea ns: a.The United States of Ameri- ca (including its territories and possessions), Puerto Rico and Canada;or b.All parts of the world (ex- cept those where a United States of America Depart- ment of State ban is in ef- fect at the time of the "oc- currence"or offense,or when a claim or "suit"is brought),if the injury or damage arises out of: (1)An "occurrence"or of- fense caused by an in- sured whi le performing dutie s related to the conduct of your busi- ness and your business is located within the ter- ritory described in a. above;or (2)Goods or products made or sold by you in the territory described in a.above. 2.The followi ng definition is added: "Required insurance"means any in- surance which an insured is obligat- ed to buy from domestic or lic ensed insurance companie s under the laws of any territory,other than the territo- ry described in Paragra ph a.of the definition of "coverage territory". 25.Client Defined Section V -Definitions is amended by addin g the followin g: "Client"means a person or organizatio n served by or utili zing the services of your organization.