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R2019-030 2019-02-25 RESOLUTION NO. R2019-30 A Resolution of the City Council of the City of Pearland,Texas,authorizing the City Manager or his designee to enter into a contract with Huitt-Zollars, in the amount of$662,500.00 for design services associated with the Service Center Phase II Project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Pearland and Huitt-Zollars, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract with Huitt-Zollars, for design services associated with the Service Center Phase II Project. PASSED, APPROVED and ADOPTED this the 25th day of February, A.D., 2019. -____—:—....,_:__---I"7 ) ' ' -' TOM REID MAYOR ATTEST: NG �0* IN 'MC �• ,� Y SE -ETARY ' APPROVED AS TO FORM: ---C-e-AP--.--', _ : 6-----?,---;...,___ • LAWRENCE PROVINS DEPUTY CITY ATTORNEY R2019-30 Exhibit A CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Huitt-Zollars, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Orange Street Service Center Phase 2 ("PROJECT"). (Project#FA1902) SECTION I-SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall perform design services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook)considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not,directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes,reports,estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors Design 1 of 6 D2.Revised 2018 and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail,return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage.Prior to commencing services under this CONTRACT,CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s),as evidence that policies providing the required coverage,conditions,and limits required by this CONTRACT are in full force and effect. G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees,harmless from any claim,loss,damage,suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT,his officers,employees,agents,or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. Design 2 of 6 D2 Revised 2018 SECTION II-PERIOD OF SERVICE This CONTRACT will be binding upon execution and end November 30,2019. SECTION III -CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed the total noted in Section B. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1. Basic Services (Lump Sum) $657,500.00 2. Additional Services shall require independent and specific authorization and shall be billed as(Hourly Not to Exceed): $5,000.00 3. Bid Phase Services(Hourly Not to Exceed) 4. Construction Phase Services(Hourly Not to Exceed) 5. Reimbursable Expenses (Not to Exceed) 6. Total: $662,500.00 C. The CITY shall make payments to the CONSULTANT within thirty(30)days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV-THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection,review,acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub- consultant(s) or in any way affect the CONSULTANT'S status as an independent contractor of the CITY. Design 3 of 6 D2 Revised 2018 SECTION V-TERMINATION A. The CITY, at its sole discretion,may terminate this CONTRACT for any reason-- with or without cause--by delivering written notice to CONSULTANT personally or by certified mail at 10350 Richmond Ave., Suite 300, Houston, TX 77042. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty(60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum,the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this,the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. Design 4 of 6 D2 Revised 2018 SECTION VI—ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII—COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person,other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability,and in its discretion,may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission,percentage brokerage fee, gift,or contingent fee that has been paid. SECTION VIII-SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. ANAk \\,....)..mil./1 In\D -a,(3stet OF PEARL- AND, TEXAS DATE 41/77 tab011 . January 30, 2019 CONSULTANT DATE Design S of 6 D2 Revised 2018 House Bill 89 Verification I, Gregory R. Wine (Person name), the undersigned representative (hereafter referred to as "Representative") of Huitt-Zollars, Inc. (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. feba f /44,7‘ SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 3() day of ' :.,/),ld 1.(,o � , 20_. v� eoe /IP' Aff 4,,0,0 DIANA RUIZ _x; xe,c.Notary Public,State of Texas t Comm. Expires 03-28-2022 Notary Public �` °F\:��` Notary ID 131508297 Design 6 of 6 D2 Revised 2018 HI. I TI-ZOLIA 'l HUI T•7OLLARS.INC • 10350 Richmond Ave. i Sole 300 I Houston TX 77042/248 • 251.496 0066 phone 281 496.022D lax i huff•rollors.corn December 27,2018 Mr. Skipper Jones Assistant Director of Capital Projects Engineering&Capital Projects City of Pearland 3519 Liberty Drive Pearland,Texas 77581 Reference: New Field Operations and Fleet Maintenance Building at the Orange Street Service Center Dear Mr.Jones: Huitt-Zollars, Inc. (Huitt-Zollars) appreciates the opportunity to provide our proposal for professional architectural and engineering services to the City of Pearland, Texas (City) for preliminary design and preparation of schematic design and design development phase documents for a new Field Operations and Fleet Maintenance Building to house Streets & Drainage, Collection & Distribution, Water Production, Wastewater, Facilities, Parks Maintenance, material and equipment storage at the Orange Street Service Center located at 2010 Old Alvin Road in Pearland,Texas(Project). Our proposal is based upon the scope of services, compensation, schedule, and the terms and conditions in the City's Standard Engineering Agreement. The Project scope includes a new two story Field Operations and Fleet Maintenance Building (approximately 90,000 square feet) and associated demolition, parking, drainage, security and access control and landscaping improvements. SCOPE OF SERVICES: 1.0 Basic Services 1.1 SCHEMATIC DESIGN PHASE - Based on City-approved Programming Documents previously prepared by Huitt-Zollars, Huitt-Zollars shall prepare and submit to the City for review and comment Schematic Design Documents that establish the scope, relationship, forms, size and appearance of the Project. Huitt-Zollars shall: 1.1.1 Working with Public Works and Parks staff,prepare Schematic Design (SD) documents that include: a. Floor plans b. Exterior elevations c. Site Plan depicting circulation and traffic patterns,yard storage and parking areas,etc. 1.1.2 Prepare a statement of probable construction cost. 1.1.3 Submit five (5)hard copy half size plan sets and upload plans through Protrak online for review by the City. 1.1.4 Upon completion of City review,meet with City to review and revise plans. Huitt-Zollars shall respond to City's comments in Protrak,if necessary,to finalize SD Documents. 1.2 DESIGN DEVELOPMENT PHASE - Based on City-approved Schematic Design Documents, Huitt-Zollars shall prepare and submit to the City for review and comment Design Development Documents that establish the scope,relationship,forms,size and appearance of the Project. Huitt- Zollars shall: 1.2.1 Prepare Design Development-level drawings that include: d. Floor plans,exterior elevations,building sections e. Interior elevations ADVANCEDESIGN Page 2 Hl I1TZ )LLAT f. Structural layouts for compliance with 140 mph,3-second gust windstorm rating g. Mechanical,Electrical and Plumbing layouts h. Hazardous Material Containment Plan i. Space designated for Fuel System(to be installed under a separate contract) j. Site plan showing locations of utilities, drainage improvements and paved areas 1.2.2 Prepare outline specifications that identify major materials and systems and establish in general their quality levels. 1.2.3 Prepare an updated statement of probable construction cost. 1.2.4 Coordinate with the City's Fire Marshal and Building Official. 1.2.5 Coordinate with the City Planning staff for development requirements 1.2.6 Coordinate with the City's Information Technology Department for system network planning. 1.2.7 Submit five (5)hard copy half size plan sets and upload plans through Protrak online for review by the City. 1.2.8 Upon completion of City review,meet with City to review and revise plans. Huitt-Zollars shall respond to City's comments in Protrak,if necessary,to finalize Conceptual Plans. 1.3 CONSTRUCTION DOCUMENTS PHASE—Future Phase of work. Not in proposal. 1.4 BIDDING PHASE-Future Phase of work. Not in proposal. 1.5 CONSTRUCTION ADMINISTRATION PHASE—Future Phase of work.Not in proposal. 1.6 GEOTECHNICAL INVESTIGATION AND ENGINEERING - Huitt-Zollars shall obtain the services of a subconsultant to conduct a geotechnical investigation of project site and make recommendations related to foundations and pavement. The geotechnical investigation, including subsurface exploration,laboratory testing,and engineering analyses,will address and provide design recommendations for the foundation, floor slab, pavement, subgrade stabilization, excavation stability and dewatering for construction of sewers and water lines, utility trenching, shoring requirements and general earthwork including pipe bedding and backfill considerations. All associated services and design recommendations shall be in accordance with the latest edition of applicable Codes and Testing Standards. Budget assumes a total of four(4) 30' foot deep borings under proposed building foundation. 1.7 SURVEYING-Huitt-Zollars shall provide surveying services to update the topographic survey data and provide construction staking as needed. 2.0 Additional Services 2.1 Because the effort required for some items of work varies considerably from project to project,and because some items of work are sometimes provided separately by the City,these items of work are not included in the basic services fees and are authorized and charged separately. Such additional services may include: 2.1.1 Topographical and Utility Site Survey 2.1.2 Construction Staking and Re-staking 2.1.3 Making revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by enactment or revision of codes, laws or regulations subsequent to the preparation of such documents or are due to other causes not solely within the control of Huitt-Zollars 2.1.4 Any changes to and/or out-of-scope work not included or specifically noted in the Basic Services 3.0 City-Provided Services 3.1.1 City shall provide Huitt-Zollars with the following: 3.1.2 Access to Project Site 3.1.3 Topographical and Utility location Site Survey(Hard and Electronic copies) 3.1.4 Available engineering related reports Page 3 H1 IITf-7( /LAIZ� COMPENSATION: 1.0 Fee Budget 1.1 Our estimated fee budgets for the Basic Services are as follows: Schematic Design Phase $ 262,500 (Lump Sum) Design Development Phase $ 350,000 (Lump Sum) Geotechnical Investigation and Engineering $ 20,000 (Reimbursable) Surveying Services $ 25,000 (Reimbursable) Total Basic Services Fee $ 657,500 2.0 Reimbursable Expenses Reimbursable expenses shall include fees associated with reproduction and outside service fees. Expenses shall be compensated based upon the attached Hourly Rate Sheet and are estimated to be$5,000.00. 3.0 Total Estimated Budget Our total estimated budget for this project is$662,500.00. 4.0 Additional Services Additional Services, mutually agreed upon and authorized separately by the City in writing, shall be completed on a lump sum basis or an hourly not-to-exceed basis per the attached Hourly Rate Sheet. 5.0 Invoicing Invoices will be submitted monthly. Lump sum tasks shall be invoiced based upon percentage of work completed. Hourly tasks shall be invoiced based on number of hours worked per the attached Hourly Rate Sheet. SCHEDULE: We anticipate the following project schedule: Schematic Design(SD) 8 weeks City Review of SD 4 weeks Design Development 14 weeks City Review of DD 4 weeks AUTHORIZATION: Should this proposal meet with your approval and acceptance, please return a City Agreement for our signature. We will schedule the above services as soon as we receive your written authorization. If you have any questions,please call. Respectfully submitted, Huitt-Zollars,Inc. Grego R./Wine,P.E.,LEED AP Senior Vice President Attachment H II1T0LLARS Houston 2018 HOURLY RATE SHEET Engineering/Architecture Interior Design Principal-In-Charge $ 245.00 Sr. Interior Designer $ 110.00 Design Principal $ 210.00 Interior Designer $ 95.00 Sr. Project Manager $ 210.00 Interior Designer Intern $ 75.00 QA Manager $ 190.00 Project Manager $ 185.00 Survey Sr. Civil Engineer $ 180.00 Survey Manager $ 160.00 Sr. Structural Engineer $ 190.00 Sr. Project Surveyor $ 150.00 Sr. Mechanical Engineer $ 180.00 Project Surveyor $ 125.00 Sr. Electrical Engineer $ 185.00 Surveyor Intern $ 120.00 Civil Engineer $ 175.00 Survey Technician $ 105.00 Structural Engineer $ 170.00 Mechanical Engineer $ 150.00 Survey Crews Electrical Engineer $ 160.00 1-Person Survey Crew $ 95.00 Plumbing Engineer $ 150.00 2-Person Survey Crew $ 140.00 Engineer Intern $ 120.00 3-Person Survey Crew $ 170.00 Sr. Architect $ 185.00 Architect $ 150.00 Construction Architect Intern 1 $ 90.00 Construction Manager $ 175.00 Architect Intern 2 $ 110.00 Resident Engineer $ 165.00 Architect Intern 3 $ 140.00 Sr. Project Representative $ 125.00 Sr. Landscape Architect $ 165.00 Resident Project Representative $ 95.00 Landscape Architect $ 130.00 Landscape Architect Intern $ 95.00 Administrative Sr. Planner $ 205.00 Sr. Project Support $ 95.00 Planner $ 120.00 Project Support $ 70.00 Planner Intern $ 80.00 Sr. Designer $ 150.00 Reimbursable Expenses Designer $ 125.00 Consultants Cost + 10% Sr. CADD Technician $ 130.00 Other Direct Costs Cost + 10% CADD Technician $ 90.00 Mileage IRS Standard Business Mileage Rate HUITT-7DUARS PROJECT BUDGET WORKSHEET-Houston 2018 Client: Oty of Pearland Date: 12/27/2018 Project Name: New Field Operations and Fleet Maintenance Building Project Number *VALUE! Contract No.: Project Template: Project No.: Labor Code Schedule: H017 Phase Number I 2 RMB Phase Descriptmn Schematic Design DO Cieo1echrical Surveying Reimbursable Investigation Expenses Task Number HZ LABOR BUDGET Task Description Phase/Task Manager Lump Sum or Hourly Column Total Column Total Column Total Column Total Column Total Column Total Column Total Column Total J Labor Labor Classification NewlyRate262,500.00 $ 350,000.00 Code $ $ 20,000.00 f 25,000.00 f - $ • $ - $ 5,000.00 TOTAL HOURS TOTAL BUDGET PIC Principal-In-Charge $ 245.00 2 2 4 $ 980.00 DPX Design Principal $ 215.00 0 $ - SPM Sr.Project Manager $ 210.00 160 240 400 $ 84,000.00 PMX Project Manager $ 180.00 0 $ - QAM QA Manager $ 190.00 8 8 16 $ 3,040.00 SCE Sr.Civil Engineer $ 180.00 40 40 80 $ 14,400.00 CEX Civil Engineer $ 175.00 0 $ _ EIT Engineer Intern $ 120.00 500 600 1100 $ 132,000.00 SSE Sr.Structural Engineer $ 190.00 • 0 $ . • • STE Structural Engineer $ 170.00 BO 80 160 $ 27,200.00 SME Sr.Mechanical Engineer $ 180.00 ! 0 $ - MEX Mechanical Engineer $ 150.00 80 120 200 $ 30,000.00 SEE Sr.Electrical Engineer $ 185.00 0 $ - SEX Electrical Engineer $ 160.00 79 120 199 $ 31,840.00 PEX Plumbing Engineer $ 160.00 0 $ - SAX Sr.Architect $ 185.00 240 300 !l 540 $ 99,900.00 AXX Architect $ 150.00 0 $ - AIl Architect Intern 1 $ 90.00 0 $ - AI2 Architect Intern 2 $ 110.00 400 590 990 $ 108,900.00 A13 Architect Intern 3 $ 140.00 0 $ - SLA Sr.Landscape Architect $ 165.00 0 $ - LAX Landscape Architect $ 125.00 44 40 84 $ 10,500.00 CTX CADD Technician $ 90.00 275 405 I • 680 $ 61,200.00 PSS Senior Project Support $ 95.00 0 $ - PRO Project Support $ 70.00 40 82 122 $ 8,540.00 Total Manhours per 1948 2627 0 0 0 0 0 4575 Phase/Task NZ Labor per Phase/Task $ 262,500.00 $ 350,000.00 $ - $ - S - 8 - $ . HZ Labor $ 612,500.00 i Direct Expenses(Distribute among Phases/Tasks as applicable) 5 - $ • $ - $ - $ 5 - $ • Direct Expenses 5 Direct Consultants(Distribute among Phases/Tasks as applicable) 5 - $ - $ - S S - 0 - 5 • Direct Consultants 5 - I RMB Expenses S 5,000.00 RMB Expenses $ 5,000.00 RMB Consultants(Distribute among Phases/Tasks as applicable) $ 20,000.00 $ 25,000.00 $ - $ - RMB Consultants $ 45,000.00 Total Fee per Phase/Task 5 262,500.00 $ 350,000.00 $ 20,000.00 S 25,000.00 S S - B - $ 5,000.00 CONTRACT SUM $ 662,500.00 HOUSTON PROJECT WORKBOOK 2018.xls/PROJECT BUDGET-HZ ACORO DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1/30/2019 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 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). PRODUCER CONTACT NAME: MHBT, a Marsh & McLennan Agency, LLC company PHONE Stacy Brimer FAX 8144 Walnut Hill Lane, 16th Fl (AIC.No.Ext):972-770-1689 (A/C.No):972-376-8108 Dallas TX 75231 ADDRESS: Stacy brimer@mhbt.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Casualty Insurance Company 29424 INSURED HUITTZOL INSURER B:Federal Insurance Company 20281 Huitt-Zollars, Inc. 1717 McKinney Ave.,Ste. 1400 INSURERC: Dallas TX 75202-1236 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:876001470 REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMBS LTR INSR WVD POLICY NUMBER (M /DDI MYYYY) (MM/DD/YYYY1 A X COMMERCIAL GENERAL LIABILITY 46UUNLJ3272 6/1/2018 6/1/2019 EACH OCCURRENCE $1,000,000 CLAIMS MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $300,000 X Deductible$0 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X Tei X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 46UENPB0920 6/1/2018 6/1/2019 COMBINED SINGLE LIMIT $ (Ea accident) 1.000.000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) X Coll$1,000 X Comp$1,000 $ A X UMBRELLA UAB X OCCUR 46XHURJ8271 6/1/2018 6/1/2019 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$in nnn ,$ A WORKERS COMPENSATION 46WEA04105 6/1/2018 6/1/2019 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER _ ANY OFFICER/MEMBERPROPRIETOR/PARTNER/EXECUTIVE N NIA E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Hired Car Physical Dam:$50,000 46UENPB0920 6/1/2018 6/1/2019 Hired PD Comp/Coll Ded$1,000/$1,000 B Employee Theft 82241508 6/1/2018 9/1/2019 Employee Theft Limit:$1,000,000 A Valuable Papers 46UUNLJ3272 6/1/2018 6/1/2019 Valuable Papers Limit:$25,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Additional Insured form#HG0001 edition 09/16 applies to the General Liability policy. Waiver of subrogation form#CG2404 edition 05/09 applies to the General Liability policy. Primary&Non-Contributory General Liability form#HG0001 edition 09/16. Additional Insured form#HA9916 edition 03/12 applies to the Automobile Liability policy. Waiver of subrogation form#HA9916 edition 03/12 applies to the Automobile Liability policy. Primary&Non-Contributory Auto Liability form#HA9916 edition 03/12. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Pearland 3519 Liberty Drive - - Pearland TX 77581 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: H_UIT TZ OL LOC#: ACCPR o ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED MHBT,a Marsh&McLennan Agency, LLC company Huitt-Zollars, Inc. 1717 McKinney Ave.,Ste. 1400 POLICY NUMBER Dallas TX 75202-1236 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Waiver of subrogation form#WC00 edition 03/13 and#WC04 edition 03/06 and#WC420304B applies to the Workers Compensation policy. Additional Insured form#XL0003 edition 09/16 applies to the Umbrella policy. Notice of Cancellation form#IH0307 edition 6/11 applies to the General Liability policy. Notice of Cancellation form#WC99 edition 03/94 and#WC990531 applies to the Workers Compensation policy. Notice of Cancellation form#IH0307 edition 6/1/applies to the Umbrella Liability policy. Notice of Cancellation form#IH0307 edition 06/11 applies to the Auto policy. The General Liability policy contains language that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy contains an endorsement with"Primary and NonContributory"wording that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The General Liability policy contains a blanket waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Automobile Liability policy contains language that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The Automobile liability policy includes waiver of subrogation wording that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Auto Liability policy contains an endorsement with"Primary and NonContributory"wording that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Worker's Compensation policy includes a waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Umbrella policy includes a blanket additional insured endorsement to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability,Auto,Worker's Compensation and Umbrella liability policies includes a blanket notice of cancellation to the certificate holder endorsement, providing for(30)days'advance written notice if the policy is canceled by the company,or 10 days' written notice before the policy is canceled for nonpayment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation to the certificate holder if the named insured requests cancellation. RE: Project#FA1902 Orange Street Service Center Phase 2 Certificate Holder Includes:City of Pearland ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Hartford Casualty Insurance Company #46UUNLJ3272 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. (1) The "bodily injury" or "property damage" is Read the entire policy carefully to determine rights, caused by an "occurrence" that takes duties and what is and is not covered. place in the "coverage territory"; Throughout this policy the words "you" and "your" (2) The "bodily injury" or "property damage" refer to the Named Insured shown in the occurs during the policy period; and Declarations, and any other person or organization (3) Prior to the policy period, no insured listed qualifying as a Named Insured under this policy. The under Paragraph 1. of Section II —Who Is words "we", "us" and "our" refer to the stock An Insured and no "employee" authorized insurance company member of The Hartford by you to give or receive notice of an providing this insurance. "occurrence" or claim, knew that the The word "insured" means any person or "bodily injury" or "property damage" had organization qualifying as such under Section II — occurred, in whole or in part. If such a Who Is An Insured. listed insured or authorized "employee" Other words and phrases that appear in quotation knew, prior to the policy period, that the marks have special meaning. Refer to Section V — "bodily injury" or "property damage" Definitions. occurred, then any continuation, change SECTION I— COVERAGES or resumption of such "bodily injury" or "property damage" during or after the COVERAGE A BODILY INJURY AND PROPERTY policy period will be deemed to have been DAMAGE LIABILITY known prior to the policy period. 1. Insuring Agreement c. "Bodily injury" or "property damage" will be a. We will pay those sums that the insured deemed to have been known to have becomes legally obligated to pay as damages occurred at the earliest time when any because of "bodily injury" or "property insured listed under Paragraph 1. of Section II damage" to which this insurance applies. We — Who Is An Insured or any "employee" will have the right and duty to defend the authorized by you to give or receive notice of insured against any "suit" seeking those an "occurrence" or claim: damages. However, we will have no duty to (1) Reports all, or any part, of the "bodily defend the insured against any "suit" seeking injury" or "property damage" to us or any damages for "bodily injury" or "property other insurer; damage" to which this insurance does not (2) Receives a written or verbal demand or apply. We may, at our discretion, investigate claim for damages because of the "bodily any"occurrence" and settle any claim or"suit" injury" or"property damage"; or that may result. But: (3) Becomes aware by any other means that (1) The amount we will pay for damages is "bodily injury" or "property damage" has limited as described in Section III — Limits occurred or has begun to occur. Of Insurance; and (2) Our right and duty to defend ends when d. Damages because of "bodily injury" include damages claimed by any person or we have used up the applicable limit of insurance in the payment of judgments or organization for care, loss of services or death resulting at any time from the "bodily settlements under Coverages A or B or injury". medical expenses under Coverage C. No other obligation or liability to pay sums or e. Incidental Medical Malpractice And Good perform acts or services is covered unless Samaritan Coverage explicitly provided for under Supplementary "Bodily injury" arising out of the rendering of Payments—Coverages A and B. or failure to render the following health care services by any "employee" or "volunteer b. This insurance applies to "bodily injury" and worker" shall be deemed to be caused by an "property damage" only if: "occurrence"for: HG 00 01 09 16 Page 1 of 21 ©2016 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) (1) Professional health care services such as: (a) Liability to such party for, or for the (a) Medical, surgical, dental, laboratory, x- cost of, that party's defense has also ray or nursing services or treatment, been assumed in the same "insured advice or instruction, or the related contract"; and furnishing of food or beverages; (b) Such attorney fees and litigation (b) Any health or therapeutic service, expenses are for defense of that party treatment, advice or instruction; or against a civil or alternative dispute resolution proceeding in which (c) The furnishing or dispensing of drugs damages to which this insurance or medical, dental, or surgical supplies applies are alleged. or appliances; or c. Liquor Liability (2) First aid services, which include: "Bodily injury" or "property damage" for which (a) Cardiopulmonary resuscitation, any insured may be held liable by reason of: whether performed manually or with a defibrillator; or (1) Causing or contributing to the intoxication (b) Services performed as a Good of any person; Samaritan. (2) The furnishing of alcoholic beverages to a For the purpose of determining the limits of person under the legal drinking age or under the influence of alcohol; or insurance, any act or omission together with all related acts or omissions in the furnishing (3) Any statute, ordinance or regulation of these services to any one person will be relating to the sale, gift, distribution or use considered one "occurrence". of alcoholic beverages. However, this Incidental Medical Malpractice This exclusion applies even if the claims And Good Samaritan Coverage provision against any insured allege negligence or applies only if you are not engaged in the other wrongdoing in: business or occupation of providing any of the (a) The supervision, hiring, employment, services described in this provision. training or monitoring of others by that 2. Exclusions insured; or This insurance does not apply to: (b) Providing or failing to provide a. Expected Or Intended Injury transportation with respect to any person that may be under the influence "Bodily injury" or "property damage" expected of alcohol; or intended from the standpoint of the if the "occurrence" which caused the "bodily insured. This exclusion does not apply to injury" or "property damage", involved that "bodily injury" or "property damage" resulting which is described in Paragraph (1), (2) or (3) from the use of reasonable force to protect above. persons or property. b. Contractual Liability However, this exclusion applies only if you are in the business of manufacturing, "Bodily injury" or "property damage" for which distributing, selling, serving or furnishing the insured is obligated to pay damages by alcoholic beverages. For the purposes of this reason of the assumption of liability in a exclusion, permitting a person to bring contract or agreement. This exclusion does alcoholic beverages on your premises, for not apply to liability for damages: consumption on your premises, whether or (1) That the insured would have in the not a fee is charged or a license is required absence of the contract or agreement; or for such activity, is not by itself considered the (2) Assumed in a contract or agreement that business of selling, serving or furnishing alcoholic beverages. is an "insured contract", provided the "bodily injury" or "property damage" d. Workers' Compensation And Similar Laws occurs subsequent to the execution of the Any obligation of the insured under a workers' contract or agreement. Solely for the compensation, disability benefits or purposes of liability assumed in an unemployment compensation law or any "insured contract", reasonable attorney similar law. fees and necessary litigation expenses e. Employer's Liability incurred by or for a party other than an insured are deemed to be damages "Bodily injury" to: because of "bodily injury" or "property (1) An "employee" of the insured arising out of damage", provided: and in the course of: Page 2 of 21 HG 00 01 09 16 (a) Employment by the insured; or the handling, storage, disposal, (b) Performing duties related to the processing or treatment of waste; conduct of the insured's business; or (c) Which are or were at any time (2) The spouse, child, parent, brother or sister transported, handled, stored, treated, of that "employee" as a consequence of disposed of, or processed as waste by Paragraph (1) above. or for: This exclusion applies: (i) Any insured; or (1) Whether the insured may be liable as an (ii) Any person or organization for employer or in any other capacity; and whom you may be legally (2) To any obligation to share damages with responsible; or repay someone else who must pay (d) At or from any premises, site or damages because of the injury. location on which any insured or any contractors or subcontractors working This exclusion does not apply to liability directly or indirectly on any insured's assumed by the insured under an "insured behalf are performing operations if the contract". "pollutants" are brought on or to the f. Pollution premises, site or location in connection (1) "Bodily injury" or "property damage" with such operations by such insured, arising out of the actual, alleged or contractor or subcontractor. However, threatened discharge, dispersal, seepage, this subparagraph does not apply to: migration, release or escape of (i) "Bodily injury" or "property damage" "pollutants": arising out of the escape of fuels, (a) At or from any premises, site or lubricants or other operating fluids location which is or was at any time which are needed to perform the owned or occupied by, or rented or normal electrical, hydraulic or loaned to, any insured. However, this mechanical functions necessary for subparagraph does not apply to: the operation of"mobile equipment" (i) "Bodily injury" if sustained within a or its parts, if such fuels, lubricants or other operating fluids escape building and caused by smoke, from a vehicle part designed to fumes, vapor or soot produced by hold, store or receive them. This or originating from equipment that exception does not apply if the is used to heat, cool or dehumidify the building, or equipment that is "bodily injury" or "property damage" used to heat water for personal arises out of the intentional use, by the building's occupants or discharge, dispersal or release of the fuels, lubricants or other their guests; operating fluids, or if such fuels, (ii) "Bodily injury" or"property damage" lubricants or other operating fluids for which you may be held liable, if are brought on or to the premises, you are a contractor and the owner site or location with the intent that or lessee of such premises, site or they be discharged, dispersed or location has been added to your released as part of the operations policy as an additional insured with being performed by such insured, respect to your ongoing operations contractor or subcontractor; performed for that additional (ii) "Bodilyinjury" or "property damage" insured at that premises, site or y g sustained within a building and location and such premises, site or caused by the release of gases, location is not and never was fumes or vapors from materials owned or occupied by, or rented or brought into that building in loaned to, any insured, other than connection with operations being that additional insured; or performed by you or on your behalf (iii) "Bodily injury" or "property damage" by a contractor or subcontractor; or arising out of heat, smoke or fumes (iii) "Bodily in ury or"property damage" from a "hostile fire"; arising out of heat, smoke or fumes (b) At or from any premises, site or from a "hostile fire"; or location which is or was at any time (e) At or from any premises, site or used by or for any insured or others for location on which any insured or any contractors or subcontractors working HG00010916 Page 3of21 directly or indirectly on any insured's to, premises you own or rent, provided the behalf are performing operations if the "auto" is not owned by or rented or loaned operations are to test for, monitor, to you or the insured; clean up, remove, contain, treat, (4) Liability assumed under any "insured detoxify or neutralize, or in any way contract" for the ownership, maintenance respond to, or assess the effects of, or use of aircraft or watercraft; "pollutants". (2) Any loss, cost or expense arising out of (5) "Bodily injury" or "property damage" arising out of: any: (a) The operation of machinery or (a) Request, demand, order or statutory or equipment that is attached to, or part regulatory requirement that any of, a land vehicle that would qualify insured or others test for, monitor, under the definition of "mobile clean up, remove, contain, treat, equipment" if it were not subject to a detoxify or neutralize, or in any way compulsory or financial responsibility respond to, or assess the effects of, law or other motor vehicle insurance "pollutants"; or law where it is licensed or principally (b) Claim or suit by or on behalf of a garaged; or governmental authority for damages (b) The operation of any of the machinery because of testing for, monitoring, or equipment listed in Paragraph f.(2) cleaning up, removing, containing, or f.(3) of the definition of "mobile treating, detoxifying or neutralizing, or equipment"; or in any way responding to, or assessing the effects of, "pollutants". (6) An aircraft that is not owned by any insured and is hired, chartered or loaned However, this paragraph does not apply to with a paid crew. However, this exception liability for damages because of "property does not apply if the insured has any other damage" that the insured would have in insurance for such "bodily injury" or the absence of such request, demand, "property damage", whether the other order or statutory or regulatory insurance is primary, excess, contingent requirement, or such claim or "suit" by or or on any other basis. on behalf of a governmental authority. h. Mobile Equipment g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising "Bodily injury" or "property damage" arising out of: out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or (1) The transportation of "mobile equipment" watercraft owned or operated by or rented or by an "auto" owned or operated by or loaned to any insured. Use includes operation rented or loaned to any insured; or and "loading or unloading". (2) The use of "mobile equipment" in, or while This exclusion applies even if the claims in practice for, or while being prepared for, against any insured allege negligence or any prearranged racing, speed, other wrongdoing in the supervision, hiring, demolition, or stunting activity. employment, training or monitoring of others i. War by that insured, if the "occurrence" which "Bodily injury" or "property damage", however caused the "bodily injury" or "property caused, arising, directly or indirectly, out of: damage" involved the ownership, (1) War, including undeclared or civil war; maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned (2) Warlike action by a military force, including or operated by or rented or loaned to any action in hindering or defending against an insured. actual or expected attack, by any This exclusion does not apply to: government, sovereign or other authority using military personnel or other agents; (1) A watercraft while ashore on premises you or own or rent; (3) Insurrection, rebellion, revolution, usurped (2) A watercraft you do not own that is: power, or action taken by governmental (a) Less than 51 feet long; and authority in hindering or defending against (b) Not being used to carry persons for a any of these. charge; j. Damage To Property (3) Parking an "auto" on, or on the ways next "Property damage"to: Page 4 of 21 HG 00 01 09 16 (1) Property you own, rent, or occupy, This exclusion does not apply if the damaged including any costs or expenses incurred work or the work out of which the damage by you, or any other person, organization arises was performed on your behalf by a or entity, for repair, replacement, subcontractor. enhancement, restoration or maintenance m. Damage To Impaired Property Or Property of such property for any reason, including Not Physically Injured prevention of injury to a person or damage to another's property; "Property damage" to "impaired property" or property that has not been physically injured, (2) Premises you sell, give away or abandon, arising out of: if the "property damage" arises out of any part of those premises; (1) A defect, deficiency, inadequacy or (3) Property loaned to you; dangerous condition in "your product" or "your work"; or (4) Personal property in the care, custody or (2) A delay or failure by you or anyone acting control of the insured; on your behalf to perform a contract or (5) That particular part of real property on agreement in accordance with its terms. which you or any contractors or This exclusion does not apply to the loss of subcontractors use of other property arising out of sudden working directly or indirectly on your behalf and accidental physical injury to "your are performing operations, if the "property product" or "your work" after it has been put damage" arises out of those operations; or to its intended use. (6) That particular part of any property that n. Recall Of Products, Work Or Impaired must be restored, repaired or replaced Property because "your work" was incorrectly performed on it. Damages claimed for any loss, cost or Paragraphsexpense incurred by you or others for the loss (1), (3) and (4) of this exclusion of use, withdrawal, recall, inspection, repair, do not apply to "property damage" (other than replacement, adjustment, removal or disposal damage by fire) to premises, including the of: contents of such premises, rented to you for a period of seven or fewer consecutive days. A (1) "Your product"; separate limit of insurance applies to Damage (2) "Your work"; or To Premises Rented To You as described in (3) "Impaired property"; Section III— Limits Of Insurance. if such product, work, or property is withdrawn Paragraph (2) of this exclusion does not apply or recalled from the market or from use by if the premises are "your work" and were any person or organization because of a never occupied, rented or held for rental by known or suspected defect, deficiency, you. inadequacy or dangerous condition in it. Paragraphs (3) and (4) of this exclusion do o. Personal And Advertising Injury not apply to "property damage" arising from the use of elevators. "Bodily injury" arising out of "personal and Paragraphs (3), (4), (5) and (6) of this advertising injury". exclusion do not apply to liability assumed p• Access or Disclosure Of Confidential Or under a sidetrack agreement. Personal Information And Data-related Liability Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed Damages arising out of: equipment while not being used to perform (1) Any access to or disclosure of any operations at the job site. person's or organization's confidential or Paragraph (6) of this exclusion does not apply personal information, including patents, to "property damage" included in the trade secrets, processing methods, "products-completed operations hazard". customer lists, financial information, credit card information, health information or any k. Damage To Your Product other type of nonpublic information; or "Property damage" to "your product" arising (2) The loss of, loss of use of, damage to, out of it or any part of it. corruption of, inability to access, or I. Damage To Your Work inability to manipulate electronic data. "Property damage" to "your work" arising out This exclusion applies even if damages are of it or any part of it and included in the claimed for notification costs, credit "products-completed operations hazard". monitoring expenses, forensic expenses, HG 00 01 09 16 Page 5 of 21 public relations expenses or any other loss, assess the effects of an "asbestos cost or expense incurred by you or others hazard"; or arising out of that which is described in (c) Arise out of any claim or suit for Paragraph (1) or(2) above. damages because of testing for, However, unless Paragraph (1) above monitoring, cleaning up, removing, applies, this exclusion does not apply to encapsulating, containing, treating, damages because of"bodily injury". detoxifying or neutralizing or in any As used in this exclusion, electronic data way responding to or assessing the means information, facts or programs stored effects of an "asbestos hazard". as or on, created or used on, or transmitted to s. Recording And Distribution Of Material Or or from computer software, including systems Information In Violation Of Law and applications software, hard or floppy "Bodily injury" or "property damage" arising disks, CD-ROMS, tapes, drives, cells, data directly or indirectly out of any action or processing devices or any other media which omission that violates or is alleged to violate: are used with electronically controlled equipment. (1) The Telephone Consumer Protection Act q. Employment-Related Practices (TCPA), including any amendment of or addition to such law; "Bodily injury"to: (2) The CAN-SPAM Act of 2003, including (1) A person arising out of any "employment— any amendment of or addition to such law; related practices"; or (3) The Fair Credit Reporting Act(FCRA), and (2) The spouse, child, parent, brother or sister any amendment of or addition to such law, of that person as a consequence of"bodily including the Fair and Accurate Credit injury" to that person at whom any Transaction Act(FACTA); or "employment-related practices" are (4) Any federal, state or local statute, directed. ordinance or regulation, other than the This exclusion applies: TCPA or CAN-SPAM Act of 2003 or FCRA (1) Whether the injury-causing event and their amendments and additions, that described in the definition of"employment- addresses, prohibits or limits the printing, related practices" occurs before dissemination, disposal, collecting, employment, during employment or after recording, sending, transmitting, employment of that person; communicating or distribution of material (2) Whether the insured may be liable as an or information. employer or in any other capacity; and Damage To Premises Rented To You — Exception For Damage By Fire, Lightning Or (3) To any obligation to share damages with Explosion or repay someone else who must pay damages because of the injury. Exclusions c. through h. and j. through n. do not r. Asbestos apply to damage by fire, lightning or explosion to premises while rented to you or temporarily (1) "Bodily injury" or "property damage" occupied by you with permission of the owner. A arising out of the "asbestos hazard". separate limit of insurance applies to this (2) Any damages, judgments, settlements, coverage as described in Section III — Limits Of loss, costs or expenses that: Insurance. (a) May be awarded or incurred by reason COVERAGE B PERSONAL AND ADVERTISING of any claim or suit alleging actual or INJURY LIABILITY threatened injury or damage of any 1. Insuring Agreement nature or kind to persons or property a. We will pay those sums that the insured which would not have occurred in becomes legally obligated to pay as damages whole or in part but for the "asbestos because of "personal and advertising injury" hazard"; to which this insurance applies. We will have (b) Arise out of any request, demand, the right and duty to defend the insured order or statutory or regulatory against any "suit" seeking those damages. requirement that any insured or others However, we will have no duty to defend the test for, monitor, clean up, remove, insured against any "suit" seeking damages encapsulate, contain, treat, detoxify or for "personal and advertising injury" to which neutralize or in any way respond to or this insurance does not apply. We may, at our Page 6 of 21 HG 00 01 0916 discretion, investigate any offense and settle use another's "advertising idea" in your any claim or"suit"that may result. But: "advertisement". (1) The amount we will pay for damages is g. Quality Or Performance Of Goods — limited as described in Section III — Limits Failure To Conform To Statements Of Insurance; and "Personal and advertising injury" arising out of (2) Our right and duty to defend end when we the failure of goods, products or services to have used up the applicable limit of conform with any statement of quality or insurance in the payment of judgments or performance made in your"advertisement". settlements under Coverages A or B or h. Wrong Description Of Prices medical expenses under Coverage C. "Personal and advertising injury" arising out of No other obligation or liability to pay sums or the wrong description of the price of goods, perform acts or services is covered unless products or services. explicitly provided for under Supplementary Payments—Coverages A and B. i. Infringement Of Intellectual Property b. This insurance applies to "personal and Rights advertising injury" caused by an offense (1) "Personal and advertising injury" arising arising out of your business but only if the out of any actual or alleged infringement offense was committed in the "coverage or violation of any intellectual property territory" during the policy period. rights such as copyright, patent, trademark, trade name, trade secret, trade 2. Exclusions dress, service mark or other designation This insurance does not apply to: of origin or authenticity; or a. Knowing Violation Of Rights Of Another (2) Any injury or damage alleged in any clam "Personal and advertising injury" arising out of or "suit" that also alleges an infringement an offense committed by, at the direction or or violation of any intellectual property with the consent or acquiescence of the right, whether such allegation of insured with the expectation of inflicting infringement or violation is made by you or "personal and advertising injury". by any other party involved in the claim or "suit", regardless of whether this b. Material Published With Knowledge Of insurance would otherwise apply. Falsity pp Y' However, this exclusion does not apply if the "Personal and advertising injury" arising out of only allegation in the claim or "suit" involving oral, written or electronic publication, in any any intellectual property right is limited to: manner, of material, if done by or at the direction of the insured with knowledge of its (1) Infringement, in your"advertisement", of: falsity. (a) Copyright; c. Material Published Prior To Policy Period (b) Slogan; or "Personal and advertising injury" arising out of (c) Title of any literary or artistic work; or oral, written or electronic publication, in any (2) Copying, in your "advertisement", a manner, of material whose first publication person's or organization's "advertising took place before the beginning of the policy idea" or style of"advertisement". period. d. Criminal Acts j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" arising out of "Personal and advertising injury" committed a criminal act committed by or at the direction by an insured whose business is: of the insured. e. Contractual Liability (1) Advertising, broadcasting, publishing or telecasting; "Personal and advertising injury"for which the (2) Designing or determining content of web insured has assumed liability in a contract or sites for others; or agreement. This exclusion does not apply to liability for damages that the insured would (3) An Internet search, access, content or have in the absence of the contract or service provider. agreement. However, this exclusion does not apply to f. Breach Of Contract Paragraphs a., b. and c. of the definition of "Personal and advertising injury"arising out of a "personal and advertising injury" under the Definitions Section. breach of contract, except an implied contract to HG 00 01 09 16 Page 7 of 21 For the purposes of this exclusion, the placing "Personal and advertising injury" arising out of frames, borders or links, or advertising, for of: you or others anywhere on the Internet, is not (1) An "advertisement" for others on your web by itself, considered the business of site; advertising, broadcasting, publishing or telecasting. (2) Placing a link to a web site of others on k. Electronic Chatrooms Or Bulletin Boards your web site; (3) Content, including information, sounds, "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the text, graphics, or images from a web site of others displayed within a frame or insured hosts, owns, or over which the border on your web site; or insured exercises control. I. Unauthorized Use Of Another's Name Or (4) Computer code, software or programming used to enable: Product (a) Your web site; or "Personal and advertising injury" arising out of the unauthorized use of another's name or (b) The presentation or functionality of an product in your e-mail address, domain name "advertisement" or other content on or metatags, or any other similar tactics to your web site. mislead another's potential customers. q. Right Of Privacy Created By Statute m. Pollution "Personal and advertising injury" arising out of "Personal and advertising injury" arising out of the violation of a person's right of privacy the actual, alleged or threatened discharge, created by any state or federal act. dispersal, seepage, migration, release or However, this exclusion does not apply to escape of"pollutants" at any time. liability for damages that the insured would n. Pollution-Related have in the absence of such state or federal act. Any loss, cost or expense arising out of any: r. Violation Of Anti-Trust law (1) Request, demand, order or statutory or regulatory requirement that any insured or "Personal and advertising injury" arising out of others test for, monitor, clean up, remove, a violation of any anti-trust law. contain, treat, detoxify or neutralize, or in s. Securities any way respond to, or assess the effects "Personal and advertising injury" arising out of of, "pollutants"; or the fluctuation in price or value of any stocks, (2) Claim or suit by or on behalf of a bonds or other securities. governmental authority for damages t. Recording And Distribution Of Material Or because of testing for, monitoring, Information In Violation Of Law cleaning up, removing, containing, treating, detoxifying or neutralizing, or in "Personal and advertising injury" arising any way responding to, or assessing the directly or indirectly out of any action or effects of, "pollutants". omission that violates or is alleged to violate: o. War (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or "Personal and advertising injury", however addition to such law; caused, arising, directly or indirectly, out of: (2) The CAN-SPAM Act of 2003, including (1) War, including undeclared or civil war; any amendment of or addition to such law; (2) Warlike action by a military force, including (3) The Fair Credit Reporting Act(FCRA), and action in hindering or defending against an any amendment of or addition to such law, actual or expected attack, by any including the Fair and Accurate Credit government, sovereign or other authority Transaction Act(FACTA); or using military personnel or other agents; (4) Any federal, state or local statute, or ordinance or regulation, other than the (3) Insurrection, rebellion, revolution, usurped TCPA or CAN-SPAM Act of 2003 or FCRA power, or action taken by governmental and their amendments and additions, that authority in hindering or defending against addresses, prohibits or limits the printing, any of these. dissemination, disposal, collecting, p. Internet Advertisements And Content Of recording, sending, transmitting, Others communicating or distribution of material or information. Page 8 of 21 HG 00 01 09 16 u. Employment-Related Practices information or any other type of nonpublic "Personal and advertising injury" to: information. (1) A person arising out of any "employment— This exclusion applies even if damages are related practices"; or claimed for notification costs, credit monitoring expenses, forensic expenses, (2) The spouse, child, parent, brother or sister public relations expenses or any other loss, of that person as a consequence of cost or expense incurred by you or others "personal and advertising injury" to that arising out of any access to or disclosure of person at whom any "employment-related any person's or organization's confidential or practices" are directed. personal information. This exclusion applies: COVERAGE C MEDICAL PAYMENTS (1) Whether the injury-causing event 1. Insuring Agreement described in the definition of"employment- a. We will pay medical expenses as described related practices" occurs before below for "bodily injury" caused by an employment, during employment or after accident: employment of that person; (1) On premises you own or rent; (2) Whether the insured may be liable as an employer or in any other capacity; and (2) On ways next to premises you own or rent; or (3) To any obligation to share damages with (3) Because of your operations; or repay someone else who must pay damages because of the injury, provided that: v. Asbestos (1) The accident takes place in the "coverage (1) "Personal and advertising injury" arising territory" and during the policy period; out of the "asbestos hazard". (2) The expenses are incurred and reported (2) Any damages, judgments, settlements, to us within three years of the date of the loss, costs or expenses that: accident; and (a) May be awarded or incurred by reason (3) The injured person submits to of any claim or suit alleging actual or examination, at our expense, by threatened injury or damage of any physicians of our choice as often as we nature or kind to persons or property reasonably require. which would not have occurred in b. We will make these payments regardless of whole or in part but for the "asbestos fault. These payments will not exceed the hazard"; applicable limit of insurance. We will pay (b) Arise out of any request, demand, reasonable expenses for: order or statutory or regulatory (1) First aid administered at the time of an requirement that any insured or others accident; test for, monitor, clean up, remove, (2) Necessary medical, surgical, X-ray and encapsulate, contain, treat, detoxify or dental services, including prosthetic neutralize or in any way respond to or devices; and assess the effects of an "asbestos hazard"; or (3) Necessary ambulance, hospital, professional nursing and funeral services. (c) Arise out of any claim or suit for damages because of testing for, 2. Exclusions monitoring, cleaning up, removing, We will not pay expenses for"bodily injury": encapsulating, containing, treating, a. Any Insured detoxifying or neutralizing or in any To any insured, except"volunteer workers". way responding to or assessing the effects of an "asbestos hazard". b. Hired Person w. Access Or Disclosure Of Confidential Or To a person hired to do work for or on behalf Personal Information of any insured or a tenant of any insured. "Personal and advertising injury" arising out of c. Injury On Normally Occupied Premises any access to or disclosure of any person's or To a person injured on that part of premises organization's confidential or personal you own or rent that the person normally information, including patents, trade secrets, occupies. processing methods, customer lists, financial information, credit card information, health d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of HG00010916 Page 9of21 any insured, if benefits for the "bodily injury" are party to the "suit", we will defend that indemnitee payable or must be provided under a workers' if all of the following conditions are met: compensation or disability benefits law or a a. The "suit" against the indemnitee seeks similar law. damages for which the insured has assumed e. Athletics Activities the liability of the indemnitee in a contract or To a person injured while practicing, agreement that is an "insured contract"; instructing or participating in any physical b. This insurance applies to such liability exercises or games, sports, or athletic assumed by the insured; contests. c. The obligation to defend, or the cost of the f. Products-Completed Operations Hazard defense of, that indemnitee, has also been Included within the "products-completed assumed by the insured in the same "insured operations hazard". contract"; g. Coverage A Exclusions d. The allegations in the "suit" and the information we know about the "occurrence" Excluded under Coverage A. are such that no conflict appears to exist SUPPLEMENTARY PAYMENTS — COVERAGES between the interests of the insured and the A AND B interests of the indemnitee; 1. We will pay, with respect to any claim we e. The indemnitee and the insured ask us to investigate or settle, or any "suit" against an conduct and control the defense of that insured we defend: indemnitee against such "suit" and agree that a. All expenses we incur. we can assign the same counsel to defend b. Up to $1,000 for cost of bail bonds required the insured and the indemnitee; and because of accidents or traffic law violations f. The indemnitee: arising out of the use of any vehicle to which (1) Agrees in writing to: the Bodily Injury Liability Coverage applies. (a) Cooperate with us in the investigation, We do not have to furnish these bonds. settlement or defense of the "suit"; c. The cost of appeal bonds or bonds to release (b) Immediately send us copies of any attachments, but only for bond amounts demands, notices, summonses or legal within the applicable limit of insurance. We do papers received in connection with the not have to furnish these bonds. "suit"; d. All reasonable expenses incurred by the (c) Notify any other insurer whose insured at our request to assist us in the coverage is available to the investigation or defense of the claim or "suit", indemnitee; and including actual loss of earnings up to $500 a day because of time off from work. (d) Cooperate with us with respect to coordinating other applicable e. All court costs taxed against the insured in insurance available to the indemnitee; the "suit". However, such costs do not and include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses (2) Provides us with written authorization to: of a party taxed to the insured. (a) Obtain records and other information f. Prejudgment interest awarded against the related to the "suit"; and insured on that part of the judgment we pay. If (b) Conduct and control the defense of the we make an offer to pay the applicable limit of indemnitee in such "suit". insurance, we will not pay any prejudgment So long as the above conditions are met, interest based on that period of time after the attorneys' fees incurred by us in the defense of offer. that indemnitee, g. All interest on the full amount of any judgment necessary litigation expenses incurred by us and that accrues after entry of the judgment and necessary litigation expenses incurred by the before we have paid, offered to pay, or indemnitee at our request will be paid as deposited in court the part of the judgment Supplementary Payments. Notwithstanding the that is within the applicable limit of insurance. provisions of Paragraph 2.b.(2) of Section I — These payments will not reduce the limits of Coverage A — Bodily Injury And Property insurance. Damage Liability, such payments will not be deemed to be damages for "bodily injury" and 2. If we defend an insured against a "suit" and an "property damage" and will not reduce the limits indemnitee of the insured is also named as a of insurance. Page 10 of 21 HG 00 01 09 16 Our obligation to defend an insured's indemnitee liability company), to a co-"employee" and to pay for attorneys' fees and necessary while in the course of his or her litigation expenses as Supplementary Payments employment or performing duties ends when: related to the conduct of your a. We have used up the applicable limit of business, or to your other "volunteer insurance in the payment of judgments or workers" while performing duties settlements; or related to the conduct of your business; b. The conditions set forth above, or the terms of the agreement described in Paragraph f. (b) To the spouse, child, parent, brother or above, are no longer met. sister of that co-"employee" or that SECTION II—WHO IS AN INSURED "volunteer worker" as a consequence of Paragraph (1)(a) above; 1. If you are designated in the Declarations as: (c) For which there is any obligation to a. An individual, you and your spouse are share damages with or repay someone insureds, but only with respect to the conduct else who must pay damages because of a business of which you are the sole of the injury described in Paragraphs owner. (1)(a) or(1)(b) above; or b. A partnership or joint venture, you are an (d) Arising out of his or her providing or insured. Your members, your partners, and failing to provide professional health their spouses are also insureds, but only with care services. respect to the conduct of your business. If you are not in the business of providing c. A limited liability company, you are an professional health care services: insured. Your members are also insureds, but (a) Subparagraphs (1)(a), (1)(b) and (1)(c) only with respect to the conduct of your above do not apply to any "employee" business. Your managers are insureds, but or "volunteer worker" providing first aid only with respect to their duties as your services; and managers. (b) Subparagraph (1)(d) above does not d. An organization other than a partnership,joint apply to any nurse, emergency medical venture or limited liability company, you are technician or paramedic employed by an insured. Your "executive officers" and you to provide such services. directors are insureds, but only with respect to their duties as your officers or directors. Your (2) "Property damage" to property: stockholders are also insureds, but only with (a) Owned, occupied or used by, respect to their liability as stockholders. (b) Rented to, in the care, custody or e. A trust, you are an insured. Your trustees are control of, or over which physical also insureds, but only with respect to their control is being exercised for any duties as trustees. purpose by 2. Each of the following is also an insured: you, any of your "employees", "volunteer a. Employees And Volunteer Workers workers", any partner or member (if you are a partnership or joint venture), or any Your "volunteer workers" only while member (if you are a limited liability performing duties related to the conduct of company). your business, or your "employees", other p y) than either your"executive officers" (if you are b. Real Estate Manager an organization other than a partnership, joint Any person (other than your "employee" or venture or limited liability company) or your "volunteer worker"), or any organization while managers (if you are a limited liability acting as your real estate manager. company), but only for acts within the scope c. Temporary Custodians Of Your Property of their employment by you or while performing duties related to the conduct of Any person or organization having proper your business. temporary custody of your property if you die, but only: However, none of these "employees" or "volunteer workers"are insureds for: (1) With respect to liability arising out of the (1) "Bodily injury" or "personal and advertisingmaintenance or use of that property; and y 1 y" P injury: (2) Until your legal representative has been appointed. (a) To you, to your partners or members (if you are a partnership or joint venture), d. Legal Representative If You Die to your members (if you are a limited Your legal representative if you die, but only HG 00 01 09 16 Page 11 of 21 with respect to duties as such. That 5. Additional Insureds When Required By representative will have all your rights and Written Contract, Written Agreement Or duties under this Coverage Part. Permit e. Unnamed Subsidiary The following person(s) or organization(s) are an Any subsidiary, and subsidiary thereof, of additional insured when you have agreed, in a yours which is a legally incorporated entity of written contract, written agreement or because of which you own a financial interest of more a permit issued by a state or political subdivision, than 50% of the voting stock on the effective that such person or organization be added as an date of the Coverage Part. additional insured on your policy, provided the injury or damage occurs subsequent to the The insurance afforded herein for any execution of the contract or agreement. subsidiary not named in this Coverage Part as a named insured does not apply to injury A person or organization is an additional insured or damage with respect to which such insured under this provision only for that period of time is also a named insured under another policy required by the contract or agreement. or would be a named insured under such However, no such person or organization is an policy but for its termination or the exhaustion insured under this provision if such person or of its limits of insurance. organization is included as an insured by an 3. Newly Acquired Or Formed Organization endorsement issued by us and made a part of Any organization you newly acquire or form, this Coverage Part. other than a partnership, joint venture or limited a. Vendors liability company, and over which you maintain Any person(s) or organization(s) (referred to financial interest of more than 50% of the voting below as vendor), but only with respect to stock, will qualify as a Named Insured if there is "bodily injury" or "property damage" arising no other similar insurance available to that out of"your products" which are distributed or organization. However: sold in the regular course of the vendor's a. Coverage under this provision is afforded only business and only if this Coverage Part until the 180th day after you acquire or form provides coverage for "bodily injury" or the organization or the end of the policy "property damage" included within the period, whichever is earlier; "products-completed operations hazard". b. Coverage A does not apply to "bodily injury" (1) The insurance afforded the vendor is or "property damage" that occurred before subject to the following additional you acquired or formed the organization; and exclusions: c. Coverage B does not apply to "personal and This insurance does not apply to: advertising injury" arising out of an offense (a) "Bodily injury" or "property damage" for committed before you acquired or formed the which the vendor is obligated to pay organization. damages by reason of the assumption 4. Nonowned Watercraft of liability in a contract or agreement. With respect to watercraft you do not own that is This exclusion does not apply to liability for damages that the vendor less than 51 feet long and is not being used to would have in the absence of the carry persons for a charge, any person is an contract or agreement; insured while operating such watercraft with your permission. Any other person or organization (b) Any express warranty unauthorized by responsible for the conduct of such person is you; also an insured, but only with respect to liability (c) Any physical or chemical change in the arising out of the operation of the watercraft, and product made intentionally by the only if no other insurance of any kind is available vendor; to that person or organization for this liability. (d) Repackaging, except when unpacked However, no person or organization is an insured solely for the purpose of inspection, with respect to: demonstration, testing, or the a. "Bodily injury" to a co-"employee" of the substitution of parts under instructions person operating the watercraft; or from the manufacturer, and then b. "Property damage" to property owned by, repackaged in the original container; rented to, in the charge of or occupied by you (e) Any failure to make such inspections, or the employer of any person who is an adjustments, tests or servicing as the insured under this provision. vendor has agreed to make or normally Page 12 of 21 HG 00 01 0916 undertakes to make in the usual This insurance does not apply to: course of business, in connection with 1. Any "occurrence" which takes place after the distribution or sale of the products; you cease to lease that land; or (f) Demonstration, installation, servicing 2. Structural alterations, new construction or or repair operations, except such demolition operations performed by or on operations performed at the vendor's behalf of such person or organization. premises in connection with the sale of the product; d. Architects, Engineers Or Surveyors (g) Products which, after distribution or Any architect, engineer, or surveyor, but only sale by you, have been labeled or with respect to liability for "bodily injury", relabeled or used as a container, part "property damage" or "personal and or ingredient of any other thing or advertising injury" caused, in whole or in part, substance by or for the vendor; or by your acts or omissions or the acts or omissions of those acting on your behalf: (h) "Bodily injury" or "property damage" arising out of the sole negligence of the (1) In connection with your premises; or vendor for its own acts or omissions or (2) In the performance of your ongoing those of its employees or anyone else operations performed by you or on your acting on its behalf. However, this behalf. exclusion does not apply to: With respect to the insurance afforded these (i) The exceptions contained in Sub- additional insureds, the following additional paragraphs (d) or(f); or exclusion applies: (ii) Such inspections, adjustments, This insurance does not apply to "bodily tests or servicing as the vendor has injury", "property damage" or "personal and agreed to make or normally advertising injury" arising out of the rendering undertakes to make in the usual of or the failure to render any professional course of business, in connection services by or for you, including: with the distribution or sale of the 1. The preparing, approving, or failing to products. prepare or approve, maps, shop drawings, (2) This insurance does not apply to any opinions, reports, surveys, field orders, insured person or organization, from change orders or drawings and whom you have acquired such products, specifications; or or any ingredient, part or container, 2. Supervisory, inspection, architectural or entering into, accompanying or containing engineering activities. such products. This exclusion applies even if the claims b. Lessors Of Equipment against any insured allege negligence or (1) Any person(s) or organization(s) from other wrongdoing in the supervision, hiring, whom you lease equipment; but only with employment, training or monitoring of others respect to their liability for "bodily injury", by that insured, if the "occurrence" which "property damage" or "personal and caused the "bodily injury" or "property advertising injury" caused, in whole or in damage", or the offense which caused the part, by your maintenance, operation or "personal and advertising injury", involved the use of equipment leased to you by such rendering of or the failure to render any person(s) or organization(s). professional services by or for you. (2) With respect to the insurance afforded to e. Permits Issued By State Or Political these additional insureds this insurance Subdivisions does not apply to any "occurrence" which Any state or political subdivision, but only with takes place after the equipment lease respect to operations performed by you or on expires. your behalf for which the state or political c. Lessors Of Land Or Premises subdivision has issued a permit. Any person or organization from whom you With respect to the insurance afforded these lease land or premises, but only with respect additional insureds, this insurance does not to liability arising out of the ownership, apply to: maintenance or use of that part of the land or (1) "Bodily injury", "property damage" or premises leased to you. "personal and advertising injury" arising With respect to the insurance afforded these out of operations performed for the state additional insureds the following additional or municipality; or exclusions apply: HG 00 01 09 16 Page 13 of 21 (2) "Bodily injury" or "property damage" by that insured, if the "occurrence" which included within the "products-completed caused the "bodily injury" or "property operations hazard". damage", or the offense which caused the f. Any Other Party "personal and advertising injury", involved the rendering of or the failure to render any Any other person or organization who is not professional services by or for you. an additional insured under Paragraphs a. through e. above, but only with respect to The limits of insurance that apply to additional liability for "bodily injury", "property damage" insureds is described in Section III — Limits Of or"personal and advertising injury" caused, in Insurance. whole or in part, by your acts or omissions or How this insurance applies when other insurance the acts or omissions of those acting on your is available to the additional insured is described behalf: in the Other Insurance Condition in Section IV — (1) In the performance of your ongoing Commercial General Liability Conditions. operations; No person or organization is an insured with respect (2) In connection with your premises owned to the conduct of any current or past partnership, by or rented to you; or joint venture or limited liability company that is not shown as a Named Insured in the Declarations. (3) In connection with "your work" and included within the "products-completed SECTION III— LIMITS OF INSURANCE operations hazard", but only if 1. The Most We Will Pay (a) The written contract or agreement The Limits of Insurance shown in the requires you to provide such coverage Declarations and the rules below fix the most we to such additional insured; and will pay regardless of the number of: (b) This Coverage Part provides coverage a. Insureds; for "bodily injury" or "property damage" b. Claims made or"suits" brought; or included within the "products- completed operations hazard". c. Persons or organizations making claims or bringing "suits". However: 2. General Aggregate Limit (1) The insurance afforded to such additional insured only applies to the extent The General Aggregate Limit is the most we will permitted by law; and pay for the sum of: (2) If coverage provided to the additional a. Medical expenses under Coverage C; insured is required by a contract or b. Damages under Coverage A, except agreement, the insurance afforded to such damages because of "bodily injury" or additional insured will not be broader than "property damage" included in the "products- that which you are required by the contract completed operations hazard"; and or agreement to provide for such c. Damages under Coverage B. additional insured. 3. Products-Completed Operations Aggregate With respect to the insurance afforded to Limit these additional insureds, this insurance does The Products-Completed Operations Aggregate not apply to: Limit is the most we will pay under Coverage A "Bodily injury", "property damage" or for damages because of "bodily injury" and "personal and advertising injury" arising out of "property damage" included in the "products- the rendering of, or the failure to render, any completed operations hazard". professional architectural, engineering or surveying services, including: 4. Personal And Advertising Injury Limit (1) The preparing, approving, or failing to Subject to 2. above, the Personal and prepare or approve, maps, shop drawings, Advertising Injury Limit is the most we will pay opinions, reports, surveys, field orders, under Coverage B for the sum of all damages change orders or drawings and because of all "personal and advertising injury" specifications; or sustained by any one person or organization. (2) Supervisory, inspection, architectural or 5. Each Occurrence Limit engineering activities. Subject to 2. or 3. above, whichever applies, the This exclusion applies even if the claims Each Occurrence Limit is the most we will pay for against any insured allege negligence or the sum of: other wrongdoing in the supervision, hiring, a. Damages under Coverage A; and employment, training or monitoring of others Page 14 of 21 HG 00 01 09 16 b. Medical expenses under Coverage C a. Notice Of Occurrence Or Offense because of all "bodily injury" and "property You or any additional insured must see to it damage" arising out of any one "occurrence". that we are notified as soon as practicable of 6. Damage To Premises Rented To You Limit an "occurrence" or an offense which may result in a claim. To the extent possible, Subject to 5. above, the Damage To Premises notice should include: Rented To You Limit is the most we will pay under Coverage A for damages because of (1) How, when and where the "occurrence" or "property damage" to any one premises, while offense took place; rented to you, or in the case of damage by fire, (2) The names and addresses of any injured lightning or explosion, while rented to you or persons and witnesses; and temporarily occupied by you with permission of (3) The nature and location of any injury or the owner. damage arising out of the "occurrence" or In the case of damage by fire, lightning or offense. explosion, the Damage to Premises Rented To b. Notice Of Claim You Limit applies to all damage proximately caused by the same event, whether such If a claim is made or "suit" is brought against damage results from fire, lightning or explosion any insured, you or any additional insured or any combination of these. must: 7. Medical Expense Limit (1) Immediately record the specifics of the claim or"suit"and the date received; and Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all (2) Notify us as soon as practicable. medical expenses because of "bodily injury" You or any additional insured must see to it sustained by any one person. that we receive written notice of the claim or 8. How Limits Apply To Additional Insureds "suit" as soon as practicable. If you have agreed in a written contract or written c. Assistance And Cooperation Of The agreement that another person or organization Insured be You and any other involved insured must: added as an additional insured on your policy, (1) Immediately send us copies of any the most we will pay on behalf of such additional demands, notices, summonses or legal insured is the lesser of: papers received in connection with the a. The limits of insurance specified in the written claim or"suit"; contract or written agreement; or (2) Authorize us to obtain records and other b. The Limits of Insurance shown in the information; Declarations. (3) Cooperate with us in the investigation or Such amount shall be a part of and not in settlement of the claim or defense against addition to Limits of Insurance shown in the the "suit"; and Declarations and described in this Section. (4) Assist us, upon our request, in the The Limits of Insurance of this Coverage Part apply enforcement of any right against any person separately to each consecutive annual period and to or organization which may be liable to the any remaining period of less than 12 months, insured because of injury or damage to starting with the beginning of the policy period which this insurance may also apply. shown in the Declarations, unless the policy period d. Obligations At The Insureds Own Cost is extended after issuance for an additional period of No insured will, except at that insured's own less than 12 months. In that case, the additional cost, voluntarily make a payment, assume period will be deemed part of the last preceding period for purposes of determining the Limits of any obligation, or incur any expense, other Insurance. than for first aid, without our consent. SECTION IV — COMMERCIAL GENERAL e. Additional Insureds Other Insurance LIABILITY CONDITIONS If we cover a claim or "suit" under this 1. Bankruptcy Coverage Part that may also be covered by other insurance available to an additional Bankruptcy or insolvency of the insured or of the insured, such additional insured must submit insured's estate will not relieve us of our such claim or "suit" to the other insurer for obligations under this Coverage Part. defense and indemnity. 2. Duties In The Event Of Occurrence, Offense, However, this provision does not apply to the Claim Or Suit extent that you have agreed in a written HG 00 01 09 16 Page 15 of 21 contract or written agreement that this b. Excess Insurance insurance is primary and non-contributory This insurance is excess over any of the other with the additional insured's own insurance. insurance, whether primary, excess, f. Knowledge Of An Occurrence, Offense, contingent or on any other basis: Claim Or Suit (1) Your Work Paragraphs a. and b. apply to you or to any That is Fire, Extended Coverage, Builder's additional insured only when such Risk, Installation Risk or similar coverage "occurrence", offense, claim or"suit" is known for"your work"; to: (1) You or any additional insured that is an (2) Premises Rented To You individual; That is fire, lightning or explosion insurance for premises rented to you or (2) Any partner, if you or the additional temporarily occupied by you with insured is a partnership; permission of the owner; (3) Any manager, if you or the additional (3) Tenant Liability insured is a limited liability company; That is insurance purchased by you to (4) Any "executive officer" or insurance cover your liability as a tenant for manager, if you or the additional insured is "property damage" to premises rented to a corporation; you or temporarily occupied by you with (5) Any trustee, if you or the additional permission of the owner; insured is a trust; or (4) Aircraft, Auto Or Watercraft (6) Any elected or appointed official, if you or If the loss arises out of the maintenance or the additional insured is a political use of aircraft, "autos" or watercraft to the subdivision or public entity. extent not subject to Exclusion g. of This duty applies separately to you and any Section I — Coverage A — Bodily Injury additional insured. And Property Damage Liability; 3. Legal Action Against Us (5) Property Damage To Borrowed No person or organization has a right under this Equipment Or Use Of Elevators Coverage Part: If the loss arises out of "property damage" a. To join us as a party or otherwise bring us to borrowed equipment or the use of into a "suit" asking for damages from an elevators to the extent not subject to insured; or Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage b. To sue us on this Coverage Part unless all of Liability; its terms have been fully complied with. (6) When You Are Added As An Additional A person or organization may sue us to recover Insured To Other Insurance on an agreed settlement or on a final judgment against an insured; but we will not be liable for Any other insurance available to you damages that are not payable under the terms of covering liability for damages arising out this Coverage Part or of the premises or operations, or products that are in excess of the applicable limit of and completed operations, for which you insurance. An agreed settlement means a have been added as an additional insured settlement and release of liability signed by us, by that insurance; or the insured and the claimant or the claimant's (7) When You Add Others As An legal representative. Additional Insured To This Insurance 4. Other Insurance Any other insurance available to an If other valid and collectible insurance is additional insured. available to the insured for a loss we cover under However, the following provisions apply to Coverages A or B of this Coverage Part, our other insurance available to any person or obligations are limited as follows: organization who is an additional insured a. Primary Insurance under this coverage part. This insurance is primary except when b. (a) Primary Insurance When Required below applies. If other insurance is also By Contract primary, we will share with all that other This insurance is primary if you have insurance by the method described in c. agreed in a written contract or written below. agreement that this insurance be primary. If other insurance is also Page 16 of 21 HG 00 01 0916 primary, we will share with all that 5. Premium Audit other insurance by the method a. We will compute all premiums for this described in c. below. Coverage Part in accordance with our rules (b) Primary And Non-Contributory To and rates. Other Insurance When Required By b. Premium shown in this Coverage Part as Contract advance premium is a deposit premium only. If you have agreed in a written At the close of each audit period we will contract, written agreement, or permit compute the earned premium for that period that this insurance is primary and non- and send notice to the first Named Insured. contributory with the additional The due date for audit and retrospective insured's own insurance, this insurance premiums is the date shown as the due date is primary and we will not seek on the bill. If the sum of the advance and contribution from that other insurance. audit premiums paid for the policy period is Paragraphs (a) and (b) do not apply to greater than the earned premium, we will other insurance to which the additional return the excess to the first Named Insured. insured has been added as an additional c. The first Named Insured must keep records of insured. the information we need for premium When this insurance is excess, we will have computation, and send us copies at such no duty under Coverages A or B to defend times as we may request. the insured against any "suit" if any other 6. Representations insurer has a duty to defend the insured a. When You Accept This Policy against that "suit". If no other insurer defends, we will undertake to do so, but we will be By accepting this policy, you agree: entitled to the insured's rights against all (1) The statements in the Declarations are those other insurers. accurate and complete; When this insurance is excess over other (2) Those statements are based upon insurance, we will pay only our share of the representations you made to us; and amount of the loss, if any, that exceeds the (3) We have issued this policy in reliance sum of: upon your representations. (1) The total amount that all such other b. Unintentional Failure To Disclose Hazards insurance would pay for the loss in the absence of this insurance; and If unintentionally you should fail to disclose all hazards relating to the conduct of your (2) The total of all deductible and self-insured business that exist at the inception date of amounts under all that other insurance. this Coverage Part, we shall not deny We will share the remaining loss, if any, with coverage under this Coverage Part because any other insurance that is not described in of such failure. this Excess Insurance provision and was not 7. Separation Of Insureds bought specifically to apply in excess of the Limits of Insurance shown in the Declarations Except with respect to the Limits of Insurance, of this Coverage Part. and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, c. Method Of Sharing this insurance applies: If all of the other insurance permits a. As if each Named Insured were the only contribution by equal shares, we will follow Named Insured; and this method also. Under this approach each b. Separately to each insured against whom insurer contributes equal amounts until it has claim is made or"suit" is brought. paid its applicable limit of insurance or none of the loss remains, whichever comes first. 8. Transfer Of Rights Of Recovery Against If any of the other insurance does not permit Others To Us contribution by equal shares, we will a. Transfer Of Rights Of Recovery contribute by limits. Under this method, each If the insured has rights to recover all or part insurer's share is based on the ratio of its of any payment, including Supplementary applicable limit of insurance to the total Payments, we have made under this applicable limits of insurance of all insurers. Coverage Part, those rights are transferred to us. The insured must do nothing after loss to HG 00 01 09 16 Page 17 of 21 impair them. At our request, the insured will other motor vehicle insurance law where it is bring "suit" or transfer those rights to us and licensed or principally garaged. help us enforce them. However, "auto" does not include "mobile b. Waiver Of Rights Of Recovery (Waiver Of equipment". Subrogation) 5. "Bodily injury" means physical: If the insured has waived any rights of a. Injury; recovery against any person or organization for all or part of any payment, including b. Sickness; or Supplementary Payments, we have made c. Disease under this Coverage Part, we also waive that sustained by a person and, if arising out of the right, provided the insured waived their rights above, mental anguish or death at any time. of recovery against such person or 6. "Coverage territory" means: organization in a contract, agreement or permit that was executed prior to the injury or a. The United States of America (including its damage. territories and possessions), Puerto Rico and 9. When We Do Not Renew Canada; If we decide not to renew this Coverage Part, we b. International waters or airspace, but only if will mail or deliver to the first Named Insured the injury or damage occurs in the course of shown in the Declarations written notice of the travel or transportation between any places nonrenewal not less than 30 days before the included in a. above; or expiration date. c. All other parts of the world if the injury or If notice is mailed, proof of mailing will be damage arises out of: sufficient proof of notice. (1) Goods or products made or sold by you in SECTION V— DEFINITIONS the territory described in a. above; 1. "Advertisement" means the widespread public (2) The activities of a person whose home is dissemination of information or images that has in the territory described in a. above, but is the purpose of inducing the sale of goods, away for a short time on your business; or products or services through: (3) "Personal and advertising injury" offenses a. (1) Radio; that take place through the Internet or similar electronic means of communication (2) Television; provided the insured's responsibility to pay (3) Billboard; damages is determined in the United States of (4) Magazine; America (including its territories and possessions), (5) Newspaper; or Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or b. Any other publication that is given widespread in a settlement we agree to. public distribution. 7. "Employee" includes a "leased worker". However, "advertisement" does not include: "Employee" does not include a "temporary a. The design, printed material, information or worker". images contained in, on or upon the 8. "Employment-Related Practices" means: packaging or labeling of any goods or products; or a. Refusal to employ that person; b. An interactive conversation between or b. Termination of that person's employment; or among persons through a computer network. c. Employment-related practices, policies, acts 2. "Advertising idea" means any idea for an or omissions, such as coercion, demotion, "advertisement". evaluation, reassignment, discipline, defamation, harassment, humiliation, 3. "Asbestos hazard" means an exposure or discrimination or malicious prosecution threat of exposure to the actual or alleged directed at that person. properties of asbestos and includes the mere presence of asbestos in any form. 9. "Executive officer" means a person holding any of the officer positions created by your charter, 4. "Auto" means: constitution, by-laws or any other similar a. A land motor vehicle, trailer or semitrailer governing document. designed for travel on public roads, including 10."Hostile fire" means one which becomes any attached machinery or equipment; or uncontrollable or breaks out from where it was b. Any other land vehicle that is subject to a intended to be. compulsory or financial responsibility law or Page 18 of 21 HG 00 01 09 16 11."Impaired property" means tangible property, (a) Preparing, approving, or failing to other than "your product" or "your work", that prepare or approve, maps, shop cannot be used or is less useful because: drawings, opinions, reports, surveys, a. It incorporates "your product" or "your work" field orders, change orders or drawings that is known or thought to be defective, and specifications; or deficient, inadequate or dangerous; or (b) Giving directions or instructions, or b. You have failed to fulfill the terms of a failing to give them, if that is the contract or agreement; primary cause of the injury or damage; if such property can be restored to use by the or repair, replacement, adjustment or removal of (2) Under which the insured, if an architect, "your product" or "your work", or your fulfilling the engineer or surveyor, assumes liability for terms of the contract or agreement. an injury or damage arising out of the insured's rendering or failure to render 12."Insured contract" means: professional services, including those listed a. A contract for a lease of premises. However, in (1) above and supervisory, inspection, that portion of the contract for a lease of architectural or engineering activities. premises that indemnifies any person or 13."Leased worker" means a person leased to you organization for damage by fire, lightning or by a labor leasing firm under an agreement explosion to premises while rented to you or between you and the labor leasing firm, to temporarily occupied by you with permission perform duties related to the conduct of your of the owner is subject to the Damage to business. "Leased worker" does not include a Premises Rented To You Limit described in "temporary worker". Section III — Limits of Insurance; 14."Loading or unloading" means the handling of b. A sidetrack agreement; ro ert P P y: c. Any easement or license agreement, a. After it is moved from the place where it is including an easement or license agreement accepted for movement into or onto an in connection with construction or demolition aircraft, watercraft or"auto"; operations on or within 50 feet of a railroad; b. While it is in or on an aircraft, watercraft or d. An obligation, as required by ordinance, to "auto"; or indemnify a municipality, except in connection with work for a municipality; c. While it is being moved from an aircraft, e. An elevator maintenance agreement; watercraft or "auto" to the place where it is finally delivered; f. That part of any other contract or agreement but "loading or unloading" does not include the pertaining to your business (including an movement of property by means of a mechanical indemnification of a municipality in connection device, other than a hand truck, that is not with work performed for a municipality) under attached to the aircraft, watercraft or"auto". which you assume the tort liability of another party to pay for "bodily injury" or "property 15."Mobile equipment" means any of the following damage" to a third person or organization, types of land vehicles, including any attached provided the "bodily injury" or "property machinery or equipment: damage" is caused, in whole or in part, by a. Bulldozers, farm machinery, forklifts and other you or by those acting on your behalf. Tort vehicles designed for use principally off public liability means a liability that would be roads; imposed by law in the absence of any b. Vehicles maintained for use solely on or next contract or agreement. to premises you own or rent; Paragraph f. includes that part of any contract c. Vehicles that travel on crawler treads; or agreement that indemnifies a railroad for "bodily injury" or property damage" arising d. Vehicles, whether self-propelled or not, out of construction or demolition operations, maintained primarily to provide mobility to within 50 feet of any railroad property and permanently mounted: affecting any railroad bridge or trestle, tracks, (1) Power cranes, shovels, loaders, diggers or road-beds, tunnel, underpass or crossing. drills; or However, Paragraph f. does not include that (2) Road construction or resurfacing part of any contract or agreement: equipment such as graders, scrapers or (1) That indemnifies an architect, engineer or rollers; surveyor for injury or damage arising out e. Vehicles not described in a., b., c. or d. above of: that are not self-propelled and are maintained HG 00 01 09 16 Page 19 of 21 primarily to provide mobility to permanently e. Oral, written or electronic publication, in any attached equipment of the following types: manner, of material that violates a person's (1) Air compressors, pumps and generators, right of privacy; including spraying, welding, building f. Copying, in your "advertisement", a person's cleaning, geophysical exploration, lighting or organization's "advertising idea" or style of and well servicing equipment; or "advertisement"; or (2) Cherry pickers and similar devices used to g. Infringement of copyright, slogan, or title of raise or lower workers; any literary or artistic work, in your f. Vehicles not described in a., b., c. or d. above "advertisement". maintained primarily for purposes other than 18."Pollutants" mean any solid, liquid, gaseous or the transportation of persons or cargo. thermal irritant or contaminant, including smoke, However, self-propelled vehicles with the vapor, soot, fumes, acids, alkalis, chemicals and following types of permanently attached waste. Waste includes materials to be recycled, equipment are not "mobile equipment" but will reconditioned or reclaimed. be considered "autos": 19."Products-completed operations hazard": (1) Equipment designed primarily for: a. Includes all "bodily injury" and "property (a) Snow removal; damage" occurring away from premises you (b) Road maintenance, but not own or rent and arising out of "your product" or"your work" except: construction or resurfacing; or (c) Street cleaning; (1) Products that are still in your physical possession; or (2) Cherry pickers and similar devices (2) Work that has not yet been completed or mounted on automobile or truck chassis abandoned. However, "your work" will be and used to raise or lower workers; and deemed completed at the earliest of the (3) Air compressors, pumps and generators, following times: including spraying, welding, building (a) When all of the work called for in your cleaning, geophysical exploration, lighting contract has been completed. and well servicing equipment. (b) When all of the work to be done at the However, "mobile equipment" does not include job site has been completed if your any land vehicle that is subject to a compulsory contract calls for work at more than or financial responsibility law or other motor one job site. vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a (c) When that part of the work done at a compulsory or financial responsibility law or other job site has been put to its intended motor vehicle insurance law are considered use by any person or organization "autos". other than another contractor or subcontractor working on the same 16."Occurrence" means an accident, including project. continuous or repeated exposure to substantially the same general harmful conditions. Work that may need service, maintenance, correction, repair or 17."Personal and advertising injury" means replacement, but which is otherwise injury, including consequential "bodily injury", complete, will be treated as completed. arising out of one or more of the following offenses: b. Does not include "bodily injury" or "property a. False arrest, detention or imprisonment; damage" arising out of: (1) The transportation of property, unless the b. Malicious prosecution; injury or damage arises out of a condition c. The wrongful eviction from, wrongful entry in or on a vehicle not owned or operated into, or invasion of the right of private by you, and that condition was created by occupancy of a room, dwelling or premises the "loading or unloading" of that vehicle that a person or organization occupies, by any insured; committed by or on behalf of its owner, (2) The existence of tools, uninstalled landlord or lessor; equipment or abandoned or unused d. Oral, written or electronic publication, in any materials; or manner, of material that slanders or libels a (3) Products or operations for which the person or organization or disparages a classification, listed in the Declarations or person's or organization's goods, products or in a policy Schedule, states that products- services; Page 20 of 21 HG 00 01 09 16 completed operations are subject to the 24."Your product": General Aggregate Limit. a. Means: 20."Property damage" means: (1) Any goods or products, other than real a. Physical injury to tangible property, including property, manufactured, sold, handled, all resulting loss of use of that property. All distributed or disposed of by: such loss of use shall be deemed to occur at (a) You; the time of the physical injury that caused it; or (b) Others trading under your name; or b. Loss of use of tangible property that is not (c) A person or organization whose physically injured. All such loss of use shall business or assets you have acquired; be deemed to occur at the time of the and "occurrence" that caused it. (2) Containers (other than vehicles), As used in this definition, computerized or materials, parts or equipment furnished in electronically stored data, programs or software connection with such goods or products. are not tangible property. Electronic data means b. Includes information, facts or programs: (1) Warranties or representations made at a. Stored as or on; any time with respect to the fitness, b. Created or used on; or quality, durability, performance or use of c. Transmitted to or from; "your product"; and computer software, including systems and (2) The providing of or failure to provide warnings or instructions. applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing c. Does not include vending machines or other devices or any other media which are used with property rented to or located for the use of electronically controlled equipment. others but not sold. 21."Suit" means a civil proceeding in which 25."Your work": damages because of "bodily injury", "property a. Means: damage" or "personal and advertising injury" to (1) Work or operations performed by you or which this insurance applies are alleged. "Suit" on your behalf; and includes: (2) Materials, parts or equipment furnished in a. An arbitration proceeding in which such connection with such work or operations. damages are claimed and to which the insured must submit or does submit with our b. Includes consent; or (1) Warranties or representations made at b. Any other alternative dispute resolution any time with respect to the fitness, proceeding in which such damages are quality, durability, performance or use of claimed and to which the insured submits with "your work", and our consent. (2) The providing of or failure to provide 22."Temporary worker" means a person who is warnings or instructions. furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23."Volunteer worker" means a person who a. Is not your"employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. HG 00 01 09 16 Page 21 of 21 POLICY NUMBER: 46 JUN Lt73272 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: BLANKET AS REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above,will be shown In the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV— Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 U Insurance Services Office, Inc., 2008 Page 1 of 1 Hartford Casualty Insurance Company Effective 6/1/18 to 6/1/19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number: 46 WE A04105 Endorsement Number: Effective Date: 06/01/18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: HUITT-ZOLLARS, INC. 1717 MCKINNEY AVE STE 1400 DALLAS,TX 75202 This policy is subject to the following additional Any notification rights provided by this endorsement Condition: apply only to active certificate holder(s) who were A. If this policy is cancelled by the Company for issued a certificate of insurance applicable to this non-payment of premium, or by the insured, policy's term. notice of such cancellation will be provided within Failure to provide such notice to the certificate ten (10) days of the cancellation effective date to holder(s) will not amend or extend the date the the certificate holder(s) with mailing addresses cancellation becomes effective, nor will it negate on file with the agent of record or the Company. cancellation of the policy. Failure to send notice If notice is mailed, proof of mailing to the last known shall impose no liability of any kind upon the mailing address of the certificate holder(s) on file Company or its agents or representatives. with the agent of record or the Company will be sufficient proof of notice. Form WC 99 05 31 Printed in U.S.A. Process Date: Policy Expiration Date: ©2011, The Hartford Hartford Casualty Insurance Company Effective 6/1/18 to 6/1/19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 46 WE A04105 Endorsement Number: Effective Date: 06/01/18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: HUITT-ZOLLARS, INC. 1717 MCKINNEY AVE STE 1400 DALLAS, TX 75202 We have the right to recover our payments from anyone 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 shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGH FROM US. Countersigned by Authorized Representative Form WC 00 03 13 Printed in U.S.A. Process Date: Policy Expiration Date: 06/01/19 Hartford Casualty Insurance Company Effective 6/1/18 to 6/1/19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 46 WE A04105 Endorsement Number: Effective Date: 06/01/18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: HUITT-ZOLLARS, INC. 1717 MCKINNEY AVE STE 1400 DALLAS, TX 75202 We have the right to recover our payments from anyone 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 contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the 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 ALL CALIFORNIA OPERATIONS FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHT FROM US. •016441 - Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: 06/01/19 Hartford Casualty Insurance Company 41), Effective 6/1/18 to 6/1/19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 46 WE A04105 Endorsement Number: Effective Date: 06/01/18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: HUITT-ZOLLARS, INC. 1717 MCKINNEY AVE STE 1400 DALLAS, TX 75202 We have the right to recover our payments from anyone 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 contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the 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 ALL CALIFORNIA OPERATIONS FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHT FROM US. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: 06/01/19 Hartford Casualty Insurance Company #46XHURJ8271 UMBRELLA LIABILITY POLICY PROVISIONS In this policy the words "you" and "your" refer to the the "bodily injury" or "property damage" Named Insured first shown in the Declarations and occurred, then any continuation, change any other person or organization qualifying as a or resumption of such "bodily injury" or Named Insured under this policy. "We", "us" and "property damage" during or after the "our" refer to the stock insurance company member "policy period" will be deemed to have of The Hartford Financial Services Group Inc. shown been known prior to the "policy period". in the Declarations. 3. "Bodily injury" or "property damage" will be Other words and phrases that appear in quotation deemed to have been known to have marks also have special meaning. Refer to occurred at the earliest time when any DEFINITIONS (Section VII). insured listed under paragraph A. of Section IN RETURN FOR THE PAYMENT OF THE III — Who Is An Insured or any "employee" PREMIUM, in reliance upon the statements in the authorized by you to give or receive notice Declarations made a part hereof and subject to all of of an "occurrence" or claim: the terms of this policy, we agree with you as a. Reports all, or any part, of the "bodily follows: injury" or"property damage" to us or any SECTION I - COVERAGES other insurer; INSURING AGREEMENTS b. Receives a written or verbal demand or claim for damages because of the A. Umbrella Liability Insurance "bodily injury" or"property damage"; or 1. We will pay those sums that the "insured" c. Becomes aware by any other means becomes legally obligated to pay as that "bodily injury" or "property damage" "damages" in excess of the "underlying has occurred or has begun to occur. insurance" or of the "self-insured retention" when no "underlying insurance" applies, B. Exclusions because of "bodily injury", "property This policy does not apply to: damage" or "personal and advertising injury" 1. Pollution to which this insurance applies caused by an "occurrence". But, the amount we will pay Any obligation: as "damages" is limited as described in a. To pay for the cost of investigation, Section IV— LIMITS OF INSURANCE. defense or settlement of any claim or No other obligation or liability to pay sums or suit against any "insured" alleging actual perform acts or services is covered unless or threatened injury or damage of any explicitly provided for under Section II - nature or kind to persons or property INVESTIGATION, DEFENSE, which arises out of or would not have SETTLEMENT. occurred but for the pollution hazard; or 2. This insurance applies to "bodily injury", b. To pay any "damages", judgments, "property damage" or "personal and settlements, loss, costs or expenses advertising injury" only if: that may be awarded or incurred: a. The "bodily injury", "property damage" or i. By reason of any such claim or suit "personal and advertising injury" occurs or any such injury or damage; or during the "policy period"; and ii. In complying with any action b. Prior to the "policy period", no insured authorized by law and relating to listed under Paragraph A. of Section III — such injury or damage. Who Is An Insured and no "employee" As used in this exclusion, pollution authorized by you to give or receive notice hazard means an actual exposure or of an "occurrence" or claim, knew that the threat of exposure to the corrosive, toxic "bodily injury" or "property damage" had or other harmful properties of any solid, occurred, in whole or in part. If such a liquid, gaseous or thermal: listed insured or authorized "employee" a. Pollutants; knew, prior to the "policy period", that b. Contaminants; Form XL 00 03 09 16 Page 1 of 14 ©2016, The Hartford c. Irritants; or (b) Otherwise in the course of d. Toxic substances; transit by or on behalf of the Including: "insured"; or (c) Being stored, disposed of, Smoke; treated or processed in or Vapors; upon any"auto"; Soot; (2) Before the "pollutants" or any Fumes; property in which the "pollutants" are contained are Acids; moved from the place where Alkalis; they are accepted by the Chemicals, and "insured" for movement into or Waste materials consisting of or onto any"auto"; or containing any of the foregoing. (3) After the "pollutants" or any Waste includes materials to be property in which the recycled, reconditioned or "pollutants" are contained are reclaimed. moved from any "auto" to the EXCEPTION place where they are finally delivered, disposed of or This exclusion does not apply: abandoned by the "insured". a. To "bodily injury" to any of your Paragraph (1) above does not apply "employees" arising out of and in to fuels, lubricants, fluids, exhaust the course of their employment by gases or other similar "pollutants" you; or that are needed for or result from b. To injury or damage as to which the normal electrical, hydraulic or valid and collectible "underlying mechanical functioning of an "auto", insurance" with at least the covered by the "underlying minimum limits shown in the insurance" or its parts, if: Schedule of Underlying Insurance a. The "pollutants" escape, seep, Policies is in force and applicable to migrate, or are discharged or the "occurrence". In such event, released directly from an "auto" any coverage afforded by this policy part designed by its for the "occurrence" will be subject manufacturer to hold, store, to the pollution exclusions of the receive or dispose of such "underlying insurance" and to the "pollutants"; and conditions, limits and other b. The "bodily injury,' "property provisions of this policy. In the event damage" or "covered pollution that "underlying insurance" is not cost or expense" does not arise maintained with limits of liability as out of the operation of any set forth in the Schedule of Underlying Insurance Policies, following equipment: coverage under any of the i. Air compressors, pumps and provisions of this exception does not generators, including apply. spraying, welding, building Exception b. does not apply to: cleaning, geophysical exploration, lighting or well "Bodily injury" or "property damage" servicing equipment; and arising out of the actual, alleged or ii. Cherry pickers and similar threatened discharge, dispersal, devices mounted on seepage, migration, release or escape of"pollutants": automobile or truck chassis and used to raise or lower (1) That are, or that are contained workers. in any property that is : Paragraphs (2) and (3) above do not (a) Being transported or towed apply to "accidents" that occur away by, handled, or handled for from premises owned by or rented movement into, onto or to an "insured" with respect to from, any"auto"; "pollutants" not in or upon an "auto" Page 2 of 14 Form XL 00 03 09 16 covered by the "underlying maintenance, use, entrustment to others, insurance" if: loading or unloading of any aircraft: a. The "pollutants" or any property a. Owned by any"insured"; or in which the "pollutants" are b. Chartered or loaned to any"insured". contained are upset, overturned or damaged as a result of the This exclusion applies even if the claims maintenance or use of the "auto", allege negligence or other wrongdoing in the and supervision, hiring, employment, training or monitoring of others by an insured, if the b. The discharge, dispersal, "occurrence" which caused the "bodily seepage, migration, release or injury" or "property damage" involved the escape of the "pollutants" is ownership, maintenance, use or entrustment caused directly by such upset, to others of any aircraft that is owned or overturn or damage. operated by or rented or loaned to any 2. Workers Compensation And Similar insured. Laws This exclusion does not apply to aircraft that Any obligation of the insured under a is: workers' compensation, disability benefits or a. Hired, chartered or loaned with a paid unemployment compensation law or any crew; but similar law. b. Not owned by any"insured". 3. Contractual Liability This exclusion does not apply to "bodily Liability assumed by the "insured" under any injury" to any of your"employees" arising out contract or agreement with respect to an of and in the course of their employment by "occurrence" taking place before the you. contract or agreement is executed. 7. Watercraft 4. Personal And Advertising Injury "Bodily injury" or "property damage" arising This policy does not apply to "personal and out of the ownership, operation, advertising injury". maintenance, use, entrustment to others, EXCEPTION loading or unloading of any watercraft. This exclusion does not apply to the extent This exclusion applies even if the claims that coverage for such "personal and allege negligence or other wrongdoing in the advertising injury" is provided by "underlying supervision, hiring, employment, training or insurance", but in no event shall any monitoring of others by an insured, if the "personal and advertising injury" coverage "occurrence" which caused the "bodily provided under this policy apply to any claim injury" or "property damage" involved the or "suit" to which "underlying insurance" ownership, maintenance, use or entrustment does not apply. to others of any watercraft that is owned or Any coverage restored by this EXCEPTION operated by or rented or loaned to any applies only to the extent that such coverage insured. provided by the "underlying insurance" is This exclusion does not apply to: maintained having limits as set forth in the a. Watercraft you do not own that is: Schedule of Underlying Insurance Policies. 5. Underlying Insurance (1) Less than 51 feet long, and (2) Not being used to carry persons or Any injury or damage: property for a charge; a. Covered by "underlying insurance" but b. "Bodily injury" to any of your for any defense which any underlying "employees" arising out of and in the insurer may assert because of the course of their employment by you; or "insured's" failure to comply with any condition of its policy; or c. Any watercraft while ashore on premises owned by, rented to or b. For which "damages" would have been controlled by you. payable by "underlying insurance" but for the actual or alleged insolvency or 8. War financial impairment of an underlying Any injury or damage, however caused, insurer. arising, directly or indirectly, out of: 6. Aircraft a. War, including undeclared or civil war; "Bodily injury" or "property damage" arising or out of the ownership, operation, Form XL 00 03 09 16 Page 3 of 14 b. Warlike action by a military force, deficiency, inadequacy or dangerous including action in hindering or condition in it. defending against an actual or expected 14. Expected Or Intended attack, by any government, sovereign or other authority using military personnel "Bodily injury" or "property damage" or other agents; or expected or intended from the standpoint of the "insured". c. Insurrection, rebellion, revolution, usurped power, or action taken by This exclusion does not apply to "bodily governmental authority in hindering or injury" or "property damage" resulting from defending against any of these. the use of reasonable force to protect persons or property. 9. Damage To Property 15. Employer Liability "Property damage"to property you own. 10. Damage To Your Product Coverage afforded any of your "employees" for "bodily injury" or "personal and "Property damage" to "your product" arising advertising injury": out of it or any part of it. a. To other "employees" arising out of and 11. Damage To Your Work in the course of their employment; "Property damage" to "your work" arising out b. To the spouse, child, parent, brother or of it or any part of it and included in the sister of that "employee" as a "products-completed operations hazard". consequence of such "bodily injury" to This exclusion does not apply if the that "employee". damaged work or the work out of which the c. To you or, any of your partners or damage arises was performed on your members, (if you are a partnership, joint behalf by a subcontractor. venture), or your members (if you are a 12. Damage To Impaired Property Or limited liability company); or Property Not Physically Injured d. Arising out of the providing or failing to "Property damage" to "impaired property" or provide professional health care property that has not been physically services. injured, arising out of: Subparagraphs a. and b. of this exclusion a. A defect, deficiency, inadequacy or apply: dangerous condition in "your product" or (1) Whether the "insured" may be liable as "your work"; or an employer or in any other capacity; b. A delay or failure by you or anyone and acting on your behalf to perform a (2) To any obligation to share "damages" contract or agreement in accordance with or repay someone else who must with its terms. pay"damages" because of the injury. This exclusion does not apply to loss of use EXCEPTION of other property arising out of sudden and Subparagraphs a. and b. of this exclusion do accidental physical injury to "your product" not apply if "underlying insurance" is or "your work" after it has been put to its maintained providing coverage for such intended use. liability with minimum underlying limits, as 13. Recall Of Products, Work Or Impaired described in the Schedule of Underlying Property Insurance Policies. "Damages" claimed for any loss, cost or 16. Property Damage To Employee's expense incurred by you or others for the Property loss of use, withdrawal, recall, inspection, Coverage afforded any of your "employees" repair, replacement, adjustment, removal or for "property damage" to property owned or disposal of: occupied by or rented or loaned to: a. "Your product"; a. That"employee"; b. "Your work"; or b. Any of your other"employees"; c. "Impaired Property"; c. Any of your partners or members (if you if such product, work or property is are a partnership or joint venture); or withdrawn or recalled from the market or d. Any of your members (if you are a from use by any person or organization limited liability company). because of a known or suspected defect, Page 4 of 14 Form XL 00 03 09 16 17. Uninsured Or Underinsured Motorists 20. Asbestos Any claim for: Any injury, damages, loss, cost or expense, a. Uninsured or Underinsured Motorists including but not limited to "bodily injury", Coverage; "property damage" or "personal and advertising injury" arising out of, or relating b. Personal injury protection; to, in whole or in part, the "asbestos hazard" c. Property protection; or that: d. Any similar no-fault coverage by a. May be awarded or incurred by reason whatever name called; of any claim or suit alleging actual or Unless this policy is endorsed to provide threatened injury or damage of any such coverage. nature or kind to persons or property 18. Employment Practices Liability which would not have occurred in whole or in part but for the "asbestos hazard"; a. Any injury or damage to: or (1) A person arising out of any: b. Arise out of any request, demand, order, (a) Refusal to employ that person; or statutory or regulatory requirement (b) Termination of that person's that any insured or others test for, employment; or monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in (c) Employment-related practices, any way respond to or assess the policies, acts or omissions, such effects of any"asbestos hazard"; or as but not limited to: coercion, c. Arise out of any claim or suit for demotion, evaluation, damages because of testing for, reassignment, discipline, monitoring, cleaning up, removing, defamation, harassment, encapsulating, containing, treating, humiliation, discrimination or detoxifying or neutralizing or in any way malicious prosecution directed responding to or assessing the effects of at that person; or an "asbestos hazard". (2) The spouse, child, parent, brother or sister of that person, as a 21. Racing And Stunting Activities consequence of any injury or "Bodily injury" or "property damage" arising damage to that person at whom any out of the ownership, operation, of the employment-related practices maintenance, use, entrustment to others, or described in paragraphs (a), (b), or loading or unloading of any"auto" or"mobile (c) above is directed. equipment" while being used in any: This exclusion applies: a. Prearranged or organized racing, speed i. Whether the injury-causing event or demolition contest; described in part (1) above occurs b. Stunting activity; or before employment, during c. Preparation for any such contest or employment or after employment of activity. that person; 22. Access Or Disclosure Of Confidential Or ii. Whether the "insured" may be liable Personal Information And Data-related as an employer or in any other Liability capacity; and Damages arising out of: iii. To any obligation to share a. Any access to or disclosure of any "damages" with or repay someone must pay "damages" person's or organization's confidential or elses becausewho of the injury. personal information, including patents, trade secrets, processing methods, 19. Employee Retirement Income Security customer lists, financial information, Act credit card information, health Any liability arising out of intentional or information or any other type of unintentional violation of any provision of the nonpublic information; or Employee Retirement Income Security Act b. The loss of, loss of use of, damage to, of 1974, Public Law 93-406 (commonly corruption of, inability to access, or referred to as the Revision Act of 1974), or inability to manipulate electronic data. any amendments to them. This exclusion applies even if damages are claimed for notification costs, credit Form XL 00 03 09 16 Page 5 of 14 monitoring expenses, forensic expenses, transmitting, communicating or public relations expenses or any other loss, distribution of material or information. cost or expense incurred by you or others SECTION II - INVESTIGATION, DEFENSE, arising out of that which is described in SETTLEMENT Paragraph (1) or(2) above. A. With respect to "bodily injury", "property However, unless Paragraph (1) above damage" or "personal and advertising injury" to applies, this exclusion does not apply to which this insurance applies (whether or not the damages because of"bodily injury". "self-insured retention" applies)and As used in this exclusion, electronic data 1. For which no coverage is provided under means information, facts or programs stored any"underlying insurance"; or as or on, created or used on, or transmitted to or from computer software, including 2. For which the underlying limits of any systems and applications software, hard or "underlying insurance" policy have been floppy disks, CD-ROMS, tapes, drives, cells, exhausted solely by payments of"damages" data processing devices or any other media because of "occurrences" during the "policy which are used with electronically controlled period", equipment. We: 23. Limited Underlying Coverage 1. Will have the right and the duty to defend Any injury, damage, loss, cost or expense, any "suit" against the "insured" seeking including but not limited to "bodily injury", "damages" on account thereof, even if such "property damage" or "personal and "suit" is groundless, false or fraudulent; but advertising injury"for which: our right and duty to defend end when we have used up the applicable limit of a. an "underlying insurance" policy or insurance in the payment of judgments or policies specifically provides coverage; settlements under coverages afforded by but this policy; b. because of a provision within the 2. May make such investigation and settlement "underlying insurance" such coverage is of any claim or"suit"as we deem expedient; provided at a limit or limits of insurance that are less than the limit(s) for the 3. Will pay all expenses incurred by us, all "underlying insurance" policy or policies court costs taxed against the "insured" in shown on the Schedule of Underlying any "suit" defended by us and all interest on Insurance Policies. the entire amount of any judgment therein which accrues after the entry of the 24. Recording And Distribution Of Material judgment and before we have paid or Or Information In Violation Of Law tendered or deposited in court that part of Any injury, damage, loss, cost or expense, the judgment which does not exceed the including but not limited to "bodily injury", applicable limit of insurance. However, such "property damage", or "personal and costs do not include attorneys' fees, advertising injury" arising directly or attorneys' expenses, witness or expert fees, indirectly out of any action or omission that or any other expenses of a party taxed to violates or is alleged to violate: the insured; a. The Telephone Consumer Protection 4. Will pay all premiums on appeal bonds Act (TCPA), including any amendment required in any such "suit", premiums on of or addition to such law; bonds to release attachments in any such b. The CAN-SPAM Act of 2003, including "suit" for an amount not in excess of the any amendment of or addition to such applicable limit of insurance, and the cost of law; bail bonds required of the "insured" because c. The Fair Credit Reporting Act (FCRA), of an accident or traffic law violation arising and any amendment of or addition to out of the operation of any vehicle to which such law, including the Fair and this policy applies, but we will have no Accurate Credit Transaction Act obligation to apply for or furnish any such (FACTA); or bonds; d. Any federal, state or local statute, 5. Will pay all reasonable expenses incurred by ordinance or regulation, other than the the "insured" at our request in assisting us in TCPA, CAN-SPAM Act of 2003 or the investigation or defense of any claim or FCRA and their amendments and "suit", including actual loss of earnings not to additions, that addresses, prohibits or exceed $500 per day per"insured"; limits the printing, dissemination, disposal, collecting, recording, sending, and the amounts so incurred, except settlement of claims and "suits," are not subject to the "self- Page 6 of 14 Form XL 00 03 09 16 insured retention" and are payable in addition to organization other than a partnership, joint any applicable limit of insurance. venture or limited liability company) or your The "Insured" agrees to reimburse us promptly managers (if you are a limited liability for amounts paid in settlement of claims or company), but only for acts: "suits"to the extent that such amounts are within a. Within the scope of their employment by the "self-insured retention". you or while performing duties related to B. You agree to arrange for the investigation, the conduct of your business; and defense or settlement of any claim or "suit" in b. Only if such "volunteer workers" or any country where we may be prevented by law "employees" are insureds under from carrying out this agreement. We will pay "underlying insurance" with limits of defense expenses incurred with our written liability no less than stated in the consent in connection with any such claim or Schedule of Underlying Insurance "suit" in addition to any applicable limit of Policies, subject to all the coverage, insurance. We will also promptly reimburse you terms, conditions and limitations of such for our proper share, but subject to the "underlying insurance". applicable limit of insurance, of any settlement 2. Any person or organization with whom you above the "self-insured retention" made with our agreed, because of a written contract, written consent. written agreement or because of a permit C. We will have the right to associate at our issued by a state or political subdivision, to expense with the "insured" or any underlying provide insurance such as is afforded under insurer in the investigation, defense or this policy, but only with respect to your settlement of any claim or "suit" which in our operations, "your work" or facilities owned or opinion may require payment hereunder. In no used by you. event, however, will we contribute to the cost This provision does not apply: and expenses incurred by any underlying a. Unless the written contract or written insurer. SECTION III-WHO IS AN INSURED agreement has been executed, or the permit has been issued prior to the A. If you are doing business as: "bodily injury," "property damage," or 1. An individual, you and your spouse are "personal and advertising injury"; and "insureds", but only with respect to the b. Unless limits of liability specified in such conduct of a business of which you are the written contract, written agreement or sole owner. permit is greater than the limits shown 2. A partnership or joint venture, you are an for"underlying insurance"; or "insured". Your members, your partners, and c. Beyond the period of time required by their spouses are also "insureds", but only the written contract or written with respect to the conduct of your business. agreement. 3. A limited liability company, you are an 3. Any person or organization having proper "insured". Your members are also temporary custody of your property if you "insureds", but only with respect to the die, but only: conduct of your business. Your managers a. With respect to liability arising out of the are "insureds", but only with respect to their maintenance or use of that property; duties as your managers. and 4. An organization other than a partnership, b. Until your legal representative has been joint venture or limited liability company, you appointed. are an "insured". Your "executive officers" and directors are "insureds", but only with 4. Your legal representative if you die, but only respect to their duties as your officers or with respect to his or her duties as such. directors. Your stockholders are also That representative will have all your rights "insureds", but only with respect to their and duties under this policy. liability as stockholders. C. With respect to "auto", any "insured" in the 5. A trust, you are an "insured". Your trustees "underlying insurance" is an "insured" under this are also "insureds", but only with respect to insurance policy, subject to all the limitations of their duties as trustees. such "underlying insurance". B. Each of the following is also an "insured": D. Any organization you newly acquire or form, other than a partnership, joint venture or limited 1. Your "volunteer workers" only while liability company, and over which you maintain performing duties related to the conduct of financial interest of more than 50% of the voting your business, or your "employees," other stock, will qualify as an "insured" if there is no than your "executive officers" (if you are an Form XL 00 03 09 16 Page 7 of 14 other similar insurance available to that 1. Because of injury or damage included within organization. the "products-completed operations hazard"; However: 2. Because of"bodily injury" by disease to your 1. Coverage under this provision is afforded "employees" arising out of and in the course only until the 180th day after you acquire or of their employment by you; and form the organization or the end of the 3. Because of "bodily injury" and "property "policy period", whichever is earlier; damage" arising out of the ownership, 2. This insurance does not apply to "bodily operations, maintenance, use, entrustment injury" or "property damage" that occurred to others, loading or unloading of any"auto". before you acquired or formed the C. The Limit of Insurance stated as the Products organization; and Completed Operations Aggregate Limit is the 3. This insurance does not apply to "personal most we will pay for "damages" because of and advertising injury" arising out of an injury or damage included within the "products- offense committed before you acquired or completed operations hazard". formed the organization. D. The Limit of Insurance stated as the Bodily E. Each person or organization, not included as an Injury By Disease Aggregate Limit is the most "insured" in Paragraphs A., B., C., or D., who is we will pay for "damages" because of "bodily an "insured" in the "underlying insurance" is an injury" by disease to your "employees" arising "insured" under this insurance subject to all the out of and in the course of their employment by terms, conditions and limitations of such you. "underlying insurance". E. Subject to B., C., or D above, whichever applies, No person or organization is an "insured" with the Each Occurrence Limit is the most we will respect to the conduct of any current or past pay for "damages" because of all "bodily injury", partnership, joint venture or limited liability "property damage", and "personal and company that is not shown as a Named Insured advertising injury" arising out of any one in the Declarations. "occurrence". With respect to any person or organization who F. Our obligations under this insurance end when is not an "insured" under"underlying insurance", the applicable Limit of Insurance available is coverage under this policy shall apply only to used up. If we pay any amounts for "damages" loss in excess of the amount of the "underlying in excess of that Limit of Insurance, you agree to insurance" or "self-insured retention" applicable reimburse us for such amounts. to you. G. The Limits of Insurance of this policy apply However, coverage afforded by reason of the separately to each consecutive annual period provisions set forth above applies only to the extent: and to any remaining period of less than 12 months, starting with the beginning of the "policy (i) Of the scope of coverage provided by the period" shown in the Declarations. However, if "underlying insurance" but in no event shall the "policy period" is extended after issuance for coverage be broader than the scope of coverage an additional period of less than 12 months, the provided by this policy and any endorsements additional period will be deemed part of the last attached hereto; and preceding period for the purpose of determining (ii) That such coverage provided by the "underlying the Limits of Insurance. insurance" is maintained having limits as set SECTION V - NUCLEAR ENERGY LIABILITY forth in the Schedule of Underlying Insurance EXCLUSION (Broad Form) Policies. SECTION IV- LIMITS OF INSURANCE A. The insurance does not apply: 1. To "bodily injury" or"property damage": A. The Limits of Insurance shown in the Declarations and the rules below fix the most we a. With respect to which an "insured" under will pay regardless of the number of: the policy is also an insured under a 1. "Insureds"; nuclear energy liability policy issued by Nuclear Energy Liability Insurance 2. Claims made or"suits" brought; Association, Mutual Atomic Energy 3. Persons or organizations making claims or Liability Underwriters, Nuclear Insurance bringing "suits"; or Association of Canada or any of their 4. Coverages under which damages are successors, or would be an insured under any such policy but for its covered under this policy. termination upon exhaustion of its limit B. The Limit of Insurance stated as the General of liability; or Aggregate Limit is the most we will pay for the b. Resulting from the "hazardous sum of"damages", other than "damages": properties" of "nuclear material" and Page 8 of 14 Form XL 00 03 09 16 with respect to which (a) any person or facility" included under the first two paragraphs organization is required to maintain of the definition of"nuclear facility". financial protection pursuant to the "Nuclear facility" means: Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "insured" (1) Any"nuclear reactor"; is, or had this policy not been issued (2) Any equipment or device designed or used would be, entitled to indemnity from the for (a) separating the isotopes of uranium or United States of America, or any agency plutonium, (b) processing or utilizing "spent thereof, under any agreement entered fuel," or (c) handling, processing or into by the United States of America, or packaging "waste"; any agency thereof, with any person or (3) Any equipment or device used for the organization. processing, fabricating or alloying of"special 2. To "bodily injury" or "property damage" nuclear material" if at any time the total resulting from the "hazardous properties" of amount of such material in the custody of "nuclear material" if: the "insured" at the premises where such a. The "nuclear material" (a) is at any equipment or device is located consists of or "nuclear facility" owned by, or operated contains more than 25 grams of plutonium by or on behalf of, an "insured" or (b) or uranium 233 or any combination thereof, has been discharged or dispersed or more than 250 grams of uranium 235; therefrom; (4) Any structure, basin, excavation, premises b. The "nuclear material" is contained in or place prepared or used for the storage or "spent fuel" or "waste" at any time disposal of "waste"; and includes the site on possessed, handled, used, processed, which any of the foregoing is located, all stored, transported or disposed of by or operations conducted on such site and all on behalf of an "insured"; or premises used for such operations; c. The "bodily injury" or "property damage" "Nuclear reactor" means any apparatus arises out of the furnishing by an "insured" designed or used to sustain nuclear fission in a of services, materials, parts or equipment self-supporting chain reaction or to contain a in connection with the planning, critical mass of fissionable material; construction, maintenance, operation or "Property damage" includes all forms of use of any "nuclear facility", but if such radioactive contamination of property. facility is located within the United SECTION VI - CONDITIONS States of America, its territories or possessions or Canada, this exclusion A. Premium c. applies only to "property damage" to All premiums for this policy shall be computed in such "nuclear facility" and any property accordance with Item 5 of the Declarations. The thereat. premium stated as such in the Declarations is a B. As used in this exclusion: deposit premium only which shall be credited to the amount of any earned premium. At the "Hazardous properties" include radioactive, toxic close of each "policy period", the earned or explosive properties; premium shall be computed for such period, and "Nuclear material" means "source material", upon notice thereof to the Named Insured first "special nuclear material" or "by-product shown in the Declarations shall become due and material"; payable by such Named Insured. "Source material", "special nuclear material" and If the total earned premium for the "policy "by-product material" have the meanings given period" is less than the premium previously paid them in the Atomic Energy Act of 1954 or in any and more than the minimum premium, we shall law amendatory thereof; return to such Named Insured the unearned "Spent fuel" means any fuel element or fuel portion paid by such Named Insured. component, solid or liquid, which has been used The Named insured first shown in the or exposed to radiation in a "nuclear reactor"; Declarations shall maintain records of such "Waste" means any waste material (a) information as is necessary for premium containing "by-product material" other than the computation, and shall send copies of such tailings or wastes produced by the extraction or records to us at the end of the "policy period" concentration of uranium or thorium from any and at such times during the "policy period" as ore processed primarily for its "source material" we may direct. content, and (b) resulting from the operation by B. Inspection And Audit any person or organization of any "nuclear We shall be permitted but not obligated to inspect your property and operations at any Form XL 00 03 09 16 Page 9 of 14 time. Neither our right to make inspections, nor exceed the amount of the "self-insured the making thereof, nor any report thereon, shall retention" or "underlying insurance", constitute an undertaking on your behalf or for whichever applies. your benefit or that of others to determine or 3. You and any other involved insured must: warrant that such property or operations are: a. Immediately send us copies of any 1. Safe; demands, notices, summonses or legal 2. Healthful; or papers received in connection with the 3. In compliance with any law, rule or claim or "suit" involving or likely to regulation. involve a sum in excess of any "self- insured retention" or "underlying We may examine and audit your books and insurance", whichever applies"; records at any time during the "policy period" and extensions thereof and within three years b. Authorize us to obtain records and other after the final termination of this policy, insofar information; as they relate to the subject matter of this policy. c. Cooperate with us in the investigation or C. Duties In The Event Of Occurrence, Claim Or settlement of the claim or defense Suit against the "suit"; and 1. You must see to it that we are notified as d. Assist us, upon our request in the soon as practicable of an "occurrence" enforcement of any right against any which may result in a claim under this policy. person or organization which may be This requirement applies only when such liable to the insured because of injury or "occurrence" is known to any of the damage to which this policy or any following: "underlying insurance" or "self-insured retention" may apply. a. You or any additional insured that is an individual; 4. No insured will, except at that insured's own b. Any partner, if you or an additional cost, make or agree to any settlement for a sum in excess of: insured are a partnership; c. Any manager, if you or an additional a. The total limits of "underlying insurance"; or insured are a limited liability company; b The "self-insured retention" if no d. Any "executive officer" or insurance manager, if you or an additional insured "underlying insurance" applies without our consent. are a corporation; 5. No insureds will, except at that insured's e. Any trustee, if you or an additional own cost, make a payment, assume any insured is a trust; or obligation, or incur any expenses, other than f. Any elected or appointed official, if you first aid, without our consent. or an additional insured is a political D. Assistance And Cooperation Of The Insured subdivision or public entity. This duty applies separately to you and any The "insured" shall: additional insured. 1. Cooperate with us and comply with all the To the extent possible, notice should terms and conditions of this policy; and include: 2. Cooperate with any of the underlying a. How, when and where the "occurrence" insurers as required by the terms of the took place; "underlying insurance" and comply with all the terms and conditions thereof. b. The names and addresses of any The "insured" shall enforce any right of injured persons and witnesses; and contribution or indemnity against any person or c. The nature and location of any injury or organization who may be liable to the "insured" damage arising out of the "occurrence" because of "bodily injury", "property damage" or or"offense". "personal and advertising injury" with respect to 2. If a claim is made or"suit" is brought against this policy or any"underlying insurance". any insured, you must: E. Legal Action Against Us a. Immediately record the specifics of the No person or organization has a right under this claim or "suit" and the date received; policy: and a. To join us as a party or otherwise bring us b. Notify us in writing as soon as into a "suit" asking for damages from an practicable if the claim is likely to insured; or Page 10 of 14 Form XL 00 03 09 16 b. To sue us on this policy unless all of its H. Transfer Of Rights Of Recovery Against terms and those of the "underlying Others To Us insurance" have been fully complied with. 1. Transfer Of Rights Of Recovery A person or organization may sue us to recover If the insured has rights to recover all or a on an agreed settlement or on a final judgment part of any payment we have made under against an insured; but, we will not be liable for this policy, those rights are transferred to us. damages that are not payable under the terms The insured must do nothing after a loss to of this policy or that are in excess of the limit of impair them. At our request, the insured will liability. An agreed settlement means a bring "suit" or transfer those rights to us and settlement and release of liability signed by us, help us enforce them. the insured and the claimant or the claimant's legal representative. a. Recoveries shall be applied to reimburse: F. Appeals (1) First, any interest (including the In the event the "insured" or the "insured's" Named Insured) that paid any underlying insurer elects not to appeal a amount in excess of our limit of judgment in excess of the "underlying insurance" liability; or the "self-insured retention," we may elect to make such appeal, at our cost and expense. (2) Second, us, along with any other insurers having a quota share If we so elect, we shall be liable in addition to interest at the same level; the applicable Limit of Insurance, for the: (3) Third, such interests (including the 1. Taxable costs; Named Insured) of whom this 2. Disbursements; and insurance is excess. 3. Additional interest incidental to such appeal; However, a different apportionment may But in no event will we be liable for"damages" in be made to effect settlement of a claim excess of the applicable aggregate Limit of by agreement signed by all interests. Insurance. b. Reasonable expenses incurred in the If a judgment is rendered in excess of the limits exercise of rights of recovery shall be of"underlying insurance" and we offer to pay our apportioned among all interests in the full share of such judgment, but you or your ratio of their respective losses for which underlying insurers elect to appeal it, you, your recovery is sought. underlying insurers or both will bear: 2. Waiver Of Rights Of Recovery (Waiver Of a. The cost and duty of obtaining any appeal Subrogation) bond; If the "insured" has waived any rights of b. The taxable costs, disbursements and recovery against any person or organization additional interest incidental to such appeal; for all or part of any payment we have made and under this policy, we also waive that right, provided the "insured" waived their rights of c. Any increase in damages over the amount recovery against such person or the matter could have been settled for after organization in a contract, agreement or the verdict was entered and before the permit that was executed prior to the injury appeal was filed. or damage. G. Other Insurance I. Changes This policy shall apply in excess of all This policy contains all the agreements between "underlying insurance" whether or not valid and you and us concerning the insurance afforded. collectible. It shall also apply in excess of other Notice to any agent, or knowledge possessed by valid and collectible insurance (except other any agent or any other person shall not effect a insurance purchased specifically to apply in waiver or a change in any part of this policy, or excess of this insurance) which also applies to stop us from asserting any rights under the any loss for which insurance is provided by this terms of this policy. policy. The Named Insured first shown in the These excess provisions apply, whether such Declarations is authorized on behalf of all other insurance is stated to be: "insureds" to agree with us on changes in the 1. Primary; terms of this policy. 2. Contributing; If the terms are changed, the changes will be 3. Excess; or shown in an endorsement issued by us and made a part of this policy. 4. Contingent. Form XL 00 03 09 16 Page 11 of 14 J. Separation Of Insureds Insured first shown in the Declarations or by Except with respect to the Limits of Liability, and us will be equivalent to mailing. any rights or duties specifically assigned in this 4. If the Named Insured first shown in the policy to the Named Insured first shown in the Declarations cancels, the refund may be declarations, this insurance applies: less than pro rata, but we will retain any a. As if each Named Insured were the only minimum premium stated as such in the Named Insured: and Declarations. If we cancel, the refund will be pro rata. The cancellation will be effective b. Separately to each insured against whom even if we have not made or offered a claim is made or"suit" is brought. refund. K. Maintenance Of Underlying Insurance M. Non-Renewal Policies affording in total the coverage and limits 1. If we decide not to renew, we will mail or stated in the Schedule of Underlying Insurance deliver to the Named Insured first shown in Policies shall be maintained in full effect during the Declarations, at the address shown in the currency of this policy. Your failure to this policy, written notice of non-renewal at comply with the foregoing shall not invalidate least 30 days before the end of the "policy this policy, but in the event of such failure, we period". shall be liable only to the extent that we would have been liable had you complied herewith. 2. If notice is mailed, proof of mailing will be sufficient proof of notice. The Named Insured first shown in the Declarations shall give us written notice as soon 3. If we offer to renew but such Named Insured as practicable of any of the following: does not accept, this policy will not be 1. Any change in the coverage or in the limits renewed at the end of the current "policy period'. of any "underlying insurance", including but not limited to a change from occurrence N. Workers' Compensation Agreement coverage to claims made coverage; With respect to "bodily injury" to any officer or 2. Termination of part or all of one or more of other employee arising out of and in the course the policies of"underlying insurance"; of employment by you, you represent and agree that you have not abrogated and will not 3. Reduction or exhaustion of an aggregate abrogate your common-law defenses under any limit of liability of any"underlying insurance". Workers' Compensation Law by rejection of The "self-insured retention" shall not apply such law or otherwise. If at any time during the should the "underlying insurance" be exhausted "policy period" you abrogate such defenses, the by the payment of claims or "suits" which are insurance for "bodily injury" to such officer or also covered by this policy. other employee automatically terminates at the L. Cancellation same time. 1. The Named Insured first shown in the O. Bankruptcy Or Insolvency Declarations may cancel this policy by In the event of the bankruptcy or insolvency of mailing or delivering to us or to any of our the "insured" or any entity comprising the authorized agents advance written notice of "insured", we shall not be relieved of any of our cancellation. obligations under this policy. 2. We may cancel this policy by mailing or P. Representations delivering to the Named Insured first shown By accepting this policy, you agree: in the Declarations at the address shown in this policy, written notice of cancellation at a. The statements in the Declarations are least: accurate and complete; a. 10 days before the effective date of b. The statements in the Schedule Of cancellation if such Named Insured fails Underlying Insurance Policies are accurate to pay the premium or any installment and complete; when due; or c. The statements in a. and b. are based upon b. 30 days before the effective date of representations you made to us: cancellation if we cancel for any other d. We have issued this policy in reliance upon reason. your representations; and 3. If notice is mailed, proof of mailing will be e. If unintentionally you should fail to disclose sufficient proof of notice. Notice will state all hazards at the inception of this policy, we the effective date of cancellation. The shall not deny coverage under this policy "policy period" will end on that date. because of such failure. Delivery of such notice by the Named Page 12 of 14 Form XL 00 03 09 16 SECTION VII - DEFINITIONS Paragraph a. above does not apply to fuels, Except as otherwise provided in this section or lubricants, fluids, exhaust gases or other similar amended by endorsement, the words or phrases "pollutants" that are needed for or result from the that appear in quotation marks within this policy normal electrical, hydraulic or mechanical shall follow the definitions of the applicable functioning of an "auto", covered by the "underlying "underlying insurance" policy. insurance"or its parts, if: "Accident" includes continuous or repeated (1) The "pollutants" escape, seep, migrate, or are exposure to the same conditions resulting in "bodily discharged or released directly from an "auto" injury" or"property damage". part designed by its manufacturer to hold, store, "Asbestos hazard" means an exposure or threat of receive or dispose of such "pollutants"; and exposure to the actual or alleged properties of (2) The "bodily injury," "property damage" or asbestos and includes the mere presence of "covered pollution cost or expense" does not asbestos in any form. arise out of the operation of any equipment listed in paragraphs 6.b and 6.c. of the definition "Auto" means: of"mobile equipment". a. A land motor vehicle, trailer or semitrailer Paragraphs b. and c. above do not apply to designed for travel on public roads, including "accidents" that occur away from premises owned by any attached machinery or equipment; or or rented to an "insured" with respect to "pollutants" b. Any other land vehicle that is subject to a not in or upon an "auto" covered by the "underlying compulsory or financial responsibility law or insurance" if: other motor vehicle insurance law where it is licensed or principally garaged. (1) The "pollutants" or any property in which the However, "auto" does not include "mobile "pollutants" are contained are upset, overturned equipment". or damaged as a result of the maintenance or "Covered pollution cost or expense" means any use of the "auto"; and cost or expense arising out of: (2) The discharge, dispersal, seepage, migration, 1. Any request, demand, order or statutory or release or escape of the "pollutants" is caused directly by such upset, overturn or damage. regulatory requirement; or "Damages" include prejudgment interest awarded 2. Any claim or "suit" by or on behalf of a against the "insured" on that part of the judgment we governmental authority demanding pay. that the "insured" or others test for, monitor, clean "Damages" do not include: up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of 1. Fines; "pollutants". 2. Penalties; or "Covered pollution cost or expense" does not include 3. Damages for which insurance is prohibited by any cost or expense arising out of the actual, alleged the law applicable to the construction of this or threatened discharge, dispersal, seepage, policy. migration, release or escape of"pollutants": Subject to the foregoing, "damages" include (1) That are, or that are contained in any property damages for any of the following which result at any that is: time from "bodily injury"to which this policy applies: a. Being transported or towed by, handled, or 1. Death; handled for movement into, onto or from, 2. Mental anguish; any"auto"; g 3. Shock; b. Otherwise in the course of transit by or on behalf of the "insured"; or 4. Disability; or c. Being stored, disposed of, treated or 5. Care and loss of services or consortium. processed in or upon any"auto"; or "Insured" means any person or organization (2) Before the "pollutants" or any property in which qualifying as an insured in the applicable WHO IS the "pollutants" are contained are moved from AN INSURED provision of this policy. The insurance the place where they are accepted by the afforded applies separately to each "insured" against "insured" for movement into or onto any "auto"; whom claim is made or "suit" is brought, except with or respect to the limit of our liability under LIMITS OF (3) After the "pollutants" or any property in which INSURANCE (SECTION IV). the "pollutants" are contained are moved from "Occurrence" means any "auto" to the place where they are finally 1. With respect to "bodily injury" or "property delivered, disposed of or abandoned by the damage": an accident, including continuous or "insured". Form XL 00 03 09 16 Page 13 of 14 repeated exposure to substantially the same 1. Any deductible amount; general harmful conditions, and 2. Any participation of any"insured"; and 2. With respect to "personal and advertising injury": 3. Any "self-insured retention" above or beneath an offense described in one of the numbered any such policy; subdivisions of that definition in the "underlying insurance". Less the amount, if any, by which the aggregate limit of such insurance has been reduced by any "Policy period" means the period beginning with payment relating to any act, error, omission, injury, the inception date stated as such in the Declarations damage or offense for which insurance is provided and ending with the earlier of: by this policy, including Medical Payments Coverage 1. The date of cancellation of this policy; or as described in the "underlying insurance." The 2. The expiration date stated as such in the coverages and limits of such policies and any such Declarations. deductible amount, participation or "self-insured retention" shall be deemed to be applicable "Self-insured retention" means the amount stated regardless of: as such in the Declarations which is retained and payable by the "insured" with respect to each 1. Any defense which any underlying insurer may "occurrence". assert because of the "insured's" failure to "Underlying insurance" means the insurance comply with any condition of its policy; or policies listed in the Schedule of Underlying 2. The actual or alleged insolvency or financial Insurance Policies, including any renewals or impairment of any underlying insurer or any replacements thereof, which provide the underlying "insured". coverages and limits stated in the Schedule of The risk of insolvency or financial impairment of any Underlying Insurance Policies. The limit of underlying insurer or any "insured" is borne by you "underlying insurance" includes: and not by us. Page 14 of 14 Form XL 00 03 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional days of the cancellation effective date to the Conditions: certificate holder(s) with mailing addresses on file A. If this policy is cancelled by the Company, other with the agent of record or the Company. than for nonpayment of premium, notice of such If notice is mailed, proof of mailing to the last known cancellation will be provided at least thirty (30) mailing address of the certificate holder(s) on file with days in advance of the cancellation effective date the agent of record or the Company will be sufficient to the certificate holder(s) with mailing addresses proof of notice. on file with the agent of record or the Company. Any notification rights provided by this endorsement B. If this policy is cancelled by the Company for apply only to active certificate holder(s) who were nonpayment of premium, or by the insured, notice issued a certificate of insurance applicable to this of such cancellation will be provided within (10) policy's term. Form IH 03 07 06 11 Page 1 of 1 © 2011,The Hartford riarttora Lasualty Insurance Lompany #46UENPB0920 COMMERCIAL AUTOMOBILE HA 99 16 03 12 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1. - WHO IS AN INSURED - of partnership or joint venture, formed as a Section II - Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that is an (1) The agreement requires you to "insured" under any other automobile policy or would be an "insured" under provide direct primary insurance for such a policy but for its termination or the lessor and the exhaustion of its Limit of Insurance. (2) The "auto" is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto" you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1. - WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add: (b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an "insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused injury" or "property damage" that results by the conduct of an "insured" under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered "auto." Paragraph A.1. -WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties. Inc.. with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this insurance is primary and we will not (b) The Limits of Insurance shown in seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. When this insurance is excess, we will have no (3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (2) The total of all deductible and self-insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance. Suit or Loss We will share the remaining loss, if any, by the If you have agreed in a written contract method described in Other Insurance 5.d. or written agreement that another person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto" you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV - BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ©2011, The Hartford (Includes copyrighted material r__. Ilk nn •r nn wn C If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the"outstanding balance"of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to "autos" you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended warranties, credit life Insurance, health, accident The most we will pay for "loss" to any hired or disability insurance purchased with the loan or "auto" is: lease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the"loss"; or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage. No deductible applies to "loss" caused 8. ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs B.4 - and excess provisions, we will provide coverage EXCLUSIONS of SECTION III PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered"auto" you own. following: We will also cover loss of use of the hired "auto" Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the "auto's" loss, subject to a maximum of $1000 per electrical system that, at the time of"loss", "accident". is: This extension of coverage does not apply to (1) Permanently installed in or upon any "auto" you hire or borrow from any of your the covered "auto"; "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1)and (2) above; or ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered "auto"or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's" operating system. the same "accident", the following applies: • b.Section III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 is the most we will pay for "loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT, CLAIM, SUIT OR LOSS equipment (other than equipment designed solely for the reproduction of sound, and The requirement in LOSS CONDITIONS 2.a. - accessories used with such equipment) DUTIES IN THE EVENT OF ACCIDENT,CLAIM, that reproduces, receives or transmits SUIT OR LOSS - of SECTION IV - BUSINESS audio, visual or data signals which, at the AUTO CONDITIONS that you must notify us of time of"loss is: an "accident" applies only when the "accident" is known to: (1) Permanently installed in or upon the covered "auto" in a housing, (1) You, if you are an individual; opening or other location that is not (2) A partner, if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company; or such equipment; (4) An executive officer or insurance manager, if (2) Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDS integral part of that equipment; or (3)An integral part of such equipment. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we c.For each covered "auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO -COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE - BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A. -COVERAGE - of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that if the pay for the expense of returning a stolen covered "insured's" responsibility to pay damages for "auto"to you. "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D. - DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D.- DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: ©2011, The Hartford (Includes copyrighted material Fnrm HA qq 16 WI 17 of ICfl Prnnartiac Int- ,A,ith itc narmiccinn 1 Pana d of 5 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural -Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss" is $10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to "Bodily injury" means bodily injury, sickness or move the auto but does not include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more 17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal Paragraph 2. of the COMMON POLICY combustion engine and one or more electric CONDITIONS - CANCELLATION - applies motors to move the auto, or the internal combustion engine to charge one or more except as follows: electric motors, which move the auto. If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver to the first Named Insured written notice of In the event of a total loss to an "auto" for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage VEHICLE PAYMENT COVERAGE Coverages are amended to add the following: In addition to the actual cash value of the "auto", In the event of a total loss to a "non hybrid" auto we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive, Specified Causes of which are displayed on the covered "auto" at the Loss, or Collision coverages are provided under time of total loss. Regardless of the number of this Coverage Form, then such Physical autos deemed a total loss, the most we will pay Damage Coverages are amended as follows: under this Vehicle Wrap Coverage provision for a.If the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of $2,500, of the "non-hybrid" auto's not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Pronerties. Inc.. with its oermission.) Pape 5 of 5 ACCPR CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYVY) 1/30/2019 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). PRODUCER McLaughlin Brunson CONTACT NAME: Joe Bryant A Risk Strategies Company E-MAIL.E>n1, (214)503-1212 A/c.No): (214)503-8899 12801 N CENTRAL EXPY, STE 1710 E-MAIL Dallas, TX 75243 ADDRESS: certificate@mclaughlinbrunson.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Berkley Insurance Company 32603 INSURED INSURER B: Huitt-Zollars, Inc. 1717 McKinney Ave. INSURERC: Ste. 1400 INSURER D: Dallas TX 75202 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: 46823947 REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ _ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG_ $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURYPer accident) $ AUTOS ONLY AUTOS ( HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability ✓ AEC-9026246-03 1/23/2019 1/23/2020 Per Claim $1,000,000 Pollution Liability Annual Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible.Thirty(30)day notice of cancellation in favor of certificate holder on all policies. RE:Orange Street Service Center Phase 2 CERTIFICATE HOLDER CANCELLATION City SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Pearland Drive THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 351ACCORDANCE WITH THE POLICY PROVISIONS. Pearland TX 77581 AUTHORIZED REPRESENTATIVE 4. Joe Bryant (/ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 4682'1947 I 19/2P PT. Master I .Tnw (Tar-lane I T/30/3010 1,.aS.'is oM ,cem1 i ma..., 1 ..c 1