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HomeMy WebLinkAboutHadlock Wastewater SCADA Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator From: Monte Reinders, P.E., Public Works Director/County Engineer��� Agenda Date: February 20, 2024 Subject: Professional Services Agreement with Technical Services Inc. for Port Hadlock Wastewater Treatment Plant SCADA Design and Installation, County Project No. 4052114-0, Commerce Project No. 22-96515-026 Statement of Issue: Professional Services Agreement with Technical Services Inc., from Lynnwood, WA, for Port Hadlock Wastewater Treatment Plant SCADA Design and Installation Analysis/Strategic Goals/Pro's Et Con's: On November 11, 2023, the wastewater engineering staff advertised, through a Request for Proposals (RFP), for SCADA system services for the Membrane Bioreactor (MBR) Wastewater Treatment Plant (WWTP). The scope of services will be to design and implement a SCADA system for the MBR WWTP. The submissions were due on December 18, 2023. Three firms responded to the RFP. The three proposals were reviewed by a selection committee; the top two firms were interviewed and their references were checked. The selection committee recommended the most qualified firm for the proposed services. This service contract is funded through the Washington State Department of Commerce with federal funds from the U.S. Treasury ARPA SLRF Project No. 22-96515-026. Fiscal Impact/Cost Benefit Analysis: The maximum amount payable under this agreement is $221,700.00. The Commerce grant will fund 100% of this Agreement. Recommendation: Public Works recommends that the Board execute all two (2) originals of the Professional Services Agreement with Technical Services Inc., and return one (1) original to Public Works for further processing. Department Contact: Samantha Harper, P.E., Project Manager, 385-9175. Reviewed By: Mark McCaule County Administrator Dat CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Technical Services Inc.(TSI) Contract olVO d Contract For: SCADA Design and Implementation for the PH MBR WWTP Term: COUNTY DEPARTMENT: Public Works,Wasterwater Division Contact Person: Samantha Harper Contact Phone: 360-385-9175 Contact email: sharper@co jefferson wa.us or cspall@co.jeHersonwa us AMOUNT: $221,700.00 PROCESS: Exempt from Bid Process Revenue: $221.700.00 Cooperative Purchase Expenditure: $221,700.00 Competitive Sealed Bid Matching Funds Required: $o Small Works Roster Sources(s) of Matching Funds $o Vendor List Bid Fund# 4052114-0 ✓ RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP l: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: N/A: Harper, Samantha P.E. P:EE"�." d4:i0P°n1A t•H Al.e S ignaturc Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. Digitally srgned by Samantha Harper,P E �i ❑ Samantha Harper, P.E.Pubic Works, CN. orocosamara jolha Harp wa us,O.lettersan County CERTIFIED: N/A: Date: 024 0,23 0934 47lba Harper,P E' Date:202a Ot23 0934:47 08'00' Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Lasertiche): Electronically approved by Risk Management on 2/6/2024. Would be nice to spoell out SCADA so the public knows what it means. I had to Google it. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserflche): Electronically approved as to form by PAO on 2/7/2024. Pre-approved PSA form. No PAO signature required. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 PROFESSIONAL SERVICES AGREEMENT FOR Pot Hadlock Wastewater Treatment Plant SCADA Design and Implementation THIS PROFESIONAL SERVICES AGREEMENT("this Agreement") is entered into between the County of Jefferson, a municipal corporation ("the County"), and Technical Systems Inc. (TSI) ("the Consultant"), in consideration of the mutual benefits, terms, and conditions specified below. 1. Project Designation. The Consultant is retained by the County to perform the design and installation of the SCADA system for the Port Hadlock Wastewater reatment Plant. 2. Scope of Services. Consultant agrees to perform the services identified on Exhibit"A" attached hereto including the provision of all labor. 3. Time for Performance. Work under this Agreement shall commence upon the giving of written notice by the County to the Consultant to proceed. The Consultant shall perform all services and provide all work products required pursuant to this Agreement on the dates listed on Exhibit"A". Time is of the essence in the performance of this Agreement. 4. Payment. The Consultant shall be paid by the County for completed work and for services rendered under this Agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit"B"attached hereto,provided that the total amount of payment to Consultant shall not exceed$221,700.00 without express written modification of the Agreement signed by the County. b. The Consultant may submit invoices to the County once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the County, and upon approval thereof,payment will be made to the Consultant in the amount approved. Payment of Consultant invoices shall be within 30 days of receipt by the County for any services not in dispute based on the terms of this Agreement. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work under this Agreement and its acceptance by the County. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the County and state for a period of three(3) years after final payments. Copies shall be made available upon request. Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 1 of 10 5. Ownership and Use of Documents. All documents, drawings, specifications, and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the County whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. Consultant shall not be held liable for reuse of documents or modifications thereof, including electronic data,by County or its representatives for any purpose other than the intent of this Agreement. 6. Compliance with laws. Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers (and their marital communities) harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the County, its officers, officials, employees, agents and volunteers (and their marital communities)the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. Prior to commencing work, the Consultant shall obtain at its own cost and expense the following insurance coverage specified below and shall keep such coverage in force during the terms of the Agreement. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence with the County named as an additional insured in connection with the Consultant's performance of this Agreement. This insurance shall indicate on the certificate of insurance the following coverage: (a) Owned automobiles; (b)Hired automobiles; and, (3)Non-owned automobiles. Commercial General Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000)per occurrence and an aggregate of not less than two (2) times the occurrence amount($2,000,000.00 minimum) for bodily injury, including death and property damage,unless a greater amount is specified in the contract specifications. Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 2 of 10 The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage,with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; C. Broad Form Contractual/Commercial Liability—including coverage for products and completed operations; d. Premises—Operations Liability(M&C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. Professional Liability Insurance. The Consultant shall maintain professional liability insurance against legal liability arising out of activity related to the performance of this Agreement, on a form acceptable to Jefferson County Risk Management in the amounts of not less than $1,000,000 Each Claim and$2,000,000 Aggregate. The professional liability insurance policy should be on an "occurrence"form. If the professional liability policy is"claims made,"then an extended reporting period coverage (tail coverage) shall be purchased for three (3)years after the end of this Agreement, at the Consultant's sole expense. The Consultant agrees the Consultant's insurance obligation to provide professional liability insurance shall survive the completion or termination of this Agreement for a minimum period of three (3)years. The County shall be named as an "additional named insured"under all insurance policies required by this Agreement, except Professional Liability Insurance when not allowed by the insurer. Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. The Consultant shall furnish the County with properly executed certificates of insurance that, at a minimum, shall include: (a)The limits of overage; (b)The project name to which it applies; (c) The certificate holder as Jefferson County,Washington and its elected officials, officers, and employees with the address of Jefferson County Risk Management, P.O. Box 1220, Port Townsend, WA 98368, and, (d)A statement that the insurance policy shall not be canceled or allowed to expire except on thirty(30)days prior written notice to the County. If the proof of insurance or certificate indicating the County is an"additional insured"to a policy obtained by the Consultant refers to an endorsement(by number or name)but does not provide the full text of that endorsement, then it shall be the obligation of the Consultant to obtain the full text of that endorsement and forward that full text to the County. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this Agreement. Failure of the Consultant to take out or maintain any required insurance shall not relieve the Consultant from any liability under the Agreement, nor shall the insurance Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 3 of 10 requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. The Consultant's insurers shall have no right of recovery or subrogation against the County(including its employees and other agents and agencies), it being the intention of the parties that the insurance policies,with the exception of Professional Liability Insurance, so affected shall protect both parties and be primary coverage for all losses covered by the above described insurance. Insurance companies issuing the policy or policies shall have no recourse against the County(including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. All deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Consultant. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of this Agreement by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured retention, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Insurance companies issuing the Consultant's insurance policy or policies shall have no recourse against the County(including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of insurance policy. Any judgments for which the County may be liable, in excess of insured amounts required by this Agreement, or any portion thereof,may be withheld from payment due, or to become due, to the Consultant until the Consultant shall furnish additional security covering such judgment as may be determined by the County. Any coverage for third party liability claims provided to the County by a"Risk Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the Consultant must provide in order to comply with this Agreement. The County may, upon the Consultant's failure to comply with all provisions of this Agreement relating to insurance, withhold payment or compensation that would otherwise be due to the Consultant. The Consultant's liability insurance provisions shall be primary and noncontributory with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees, and agents. Any failure to comply with reporting provisions of the insurance policies shall not affect coverage provided to the County, its officers, officials, employees, or agents. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 4 of 10 The Consultant shall include all subconsultants as insured under its insurance policies or shall furnish separate certificates and endorsements for each subconsultant. All insurance provisions for subconsultants shall be subject to all the requirements stated herein. The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on indemnification. The Consultant shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies, and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by this Agreement shall provide that thirty(30) days prior to cancellation, suspension, reduction or material change in the policy, notice of same shall be given to the County Risk Manager by registered mail, return receipt requested. The Consultant shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-,with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 9. Worker's Compensation Industrial Insurance). If and only if the Consultant employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor,partners, owners or shareholders of the Consultant, the Consultant shall maintain workers' compensation insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to Jefferson County Risk Management, upon request. Worker's compensation insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage shall extend to any subconsultant that does not have their own worker's compensation and employer's liability insurance. The Consultant expressly waives by mutual negotiation all immunity and limitations on liability,with respect to the County, under any industrial insurance act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. If the County incurs any costs to enforce the provisions of this subsection, all cost and fees shall be recoverable from the Consultant. Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 5 of 10 10. Independent Contractor. The Consultant and the County agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. The Consultant specifically has the right to direct and control Consultant's own activities, and the activities of its subconsultants, employees, agents, and representatives, in providing the agreed services in accordance with the specifications set out in this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded County employees by virtue of the services provided under this Agreement, including, but not limited to: retirement, vacation pay; holiday pay; sick leave pay; medical, dental, or other insurance benefits; fringe benefits; or any other rights or privileges afforded to Jefferson County employees. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 11. Subcontracting Requirements. The Consultant is responsible for meeting all terms and conditions of this Agreement including standards of service, quality of materials and workmanship, costs, and schedules. Failure of a subconsultant to perform is no defense to a breach of this Agreement. The Consultant assumes responsibility for and all liability for the actions and quality of services performed by any subconsultant. Every subconsultant must agree in writing to follow every term of this Agreement. The Consultant must provide every subconsultant's written agreement to follow every term of this Agreement before the subconsultant can perform any services under this Agreement. The County Engineer or their designee must approve any proposed subconsultant in writing. Any dispute arising between the Consultant and any subconsultant or between subconsultant must be resolved without involvement of any kind on the part of the County and without detrimental impact on the Consultant's performance required by this Agreement. 12. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission,percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the County shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 13. Discrimination Prohibited. The Consultant,with regard to the work performed by it under this Agreement,will not discriminate on the grounds of race, color,national origin, Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 6 of 10 religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 14. No Assi ng ment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the County. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. 15. Non-Waiver. Waiver by the County of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 16. Termination. a. The County reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member,partner, or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the County. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the County, if the County so chooses. 17. Notices. All notices or other communications which any party desires or is required to give shall be given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile, email, or mailed by depositing in the United States mail, prepaid to the party at the address listed below or such other address as a party may designate in writing from time to time. Notices to the County shall be sent to the following address: Jefferson County Public Works 623 Sheridan Street Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: Steve De Haan, P.E. echnical bysterns Inc. 2303 196th Sheet, SW Lynnwood, WA 96036 18. Into ated Agreement. This Agreement together with attachments or addenda, represents the entire and integrated Agreement between the County and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No representation or promise not expressly contained in this Agreement has been made. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements,whether written or oral, by the County within the scope of this Agreement. The Consultant ratifies and adopts all statements, representations, warranties, covenants, and agreements contained in its proposal, and the supporting Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 7 of 10 material submitted by the Consultant, accepts this Agreement and agrees to all of the terms and conditions of this Agreement. 19. Modification of this Agreement. This Agreement may be amended only by written instrument signed by both County and Consultant. 20. Disputes. The Parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the terms of this Agreement shall be submitted in writing within 10 days to the Director of Public Works or County Engineer, whose decision in the matter shall be final, but shall be subject to judicial review. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement, each party in such action shall bear the cost of its own attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County. The parties agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The Consultant hereby consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. 21. Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of the sections or this Agreement. 23. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. 24. No Oral Waiver. No term or provision of this Agreement will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 25. Severability. Provided it does not result in a material change in the terms of this Agreement, if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 26. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs, and assigns. 27. No Assignment. The Consultant shall not sell, assign, or transfer any of rights obtained by this Agreement without the express written consent of the County. Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 8 of 10 28. No Third-party Beneficiaries. The parties do not intend, and nothing in this Agreement shall be construed to mean, that any provision in this Agreement is for the benefit of any person or entity who is not a party. 29. Signature in Counterparts. The parties agree that separate copies of this Agreement may be signed by each of the parties and this Agreement shall have the same force and effect as if all the parties had signed the original. 30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 31. Arms-Length Negotiations. The parties agree that this Agreement has been negotiated at arms-length,with the assistance and advice of competent, independent legal counsel. 32. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio,paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended, the Consultant agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Consultant further agrees that upon receipt of any written public record request, Consultant shall, within two business days, notify the County by providing a copy of the request per the notice provisions of this Agreement. Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 9 of 10 DATED this --� day of f"e h r vet t' ,20 . JEFFERSON COUNTY BOARD OF COMMISSIONERS Technical Systems Inc. (TSI) Name of Consultant Kate Dean, District 1 J 'teVe- f)< r /aecn Consultant Representative (Please print) Heidi Eisenhour,District 2 (Signature) Greg Brotherton,District 3 L- 6 U Title -), /I--�' /--),0 Date Approved as to form only: PRE-APPROVED CONTRACT FORM Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Monte Reinders,P.E. Date Public Works Director/County Engineer Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 10 of 10 Exhibit A TSI and JCPW Service Contract Scope of Work and Schedule Schedule: The SCADA Design and Implementation contract schedule is tied to the Phase 2 - MBR WWTP Construction Contract schedule. The expiration this service contract will be based on completion of the Phase 2 - MBR WWTP Contract. If there are additional services, independent of the construction contract, the county and TSI can negotiate and add additional time to this service contract independently from the Phase 2 - MBR WWTP Construction Contract. That will be done by a service contract Supplement and will be approved by the County Board of Commissioners. Scope of Work: 1 . Jefferson County Request for Proposal, Pages 2-4 2. TSI Experience, Statement of Understanding and Project Approach from the TSI proposal, Pages 5-6 Page 1 Exhibit A TSI and JCPW Service Contract Scope of Work and Schedule Grinder Pump Installation design will be bid in early 2024. The facilities currently permitted and under design and construction include: • 75,000 gpd MBR reclamation facility and percolation pond • HDPE pressure sewer system • On-site grinder pumps to service properties in the initial phase Equal Opportunity: The Jefferson County Public Works in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Funding: This project is funded through the Washington State Department of Commerce with federal funds from the U.S. Treasury ARPA SLRF Project No. 22-96515-026. All work performed on this project will be subject to state prevailing wage rates. Jefferson County is an Equal Opportunity and Affirmative Action Employer. Contractors are encouraged to commit to local hires for this project. Small, Minority- and Women-Owned firms are encouraged to submit bids. Jefferson County in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. This material can be made available in an alternate format by emailing John Black, at jblack@co.jefferson.wa.us, or by calling collect 360-385-9210. The Agency may select a SCADA contractor from the Proposals, or may develop a shortlist from the Proposals for interviews. 3. SCADA Software The Agency has successful experience using Ignition from Inductive Automation. The software platform for the Wastewater Treatment Plant SCADA System shall be Ignition from Inductive Automation or approved equal. This includes all of those additional modules consistent with a WWTP SCADA system for the purposes listed below in the Scope of Work. The SCADA Contractor will be responsible for procuring the software, modules, and corresponding licenses in order to design and install the SCADA system. Refer to Appendix B: Division 40 Specifications (409600— SCADA Software)for further details about the SCADA Software. 4. Scope of Work The Agency is seeking a SCADA team with experience using the Ignition suite of software packages (or approved equal) in designing and implementing a SCADA system for a Wastewater Treatment Plant. Additionally, modules for historian, alarming, RFP SCADA—Port Hadlock Wastewater Project 2 Page 2 Exhibit A TSI and JCPW Service Contract Scope of Work and Schedule notification, reporting, and mobile devices are to be included in the contract. Purchase of the software will part of the SCADA contract. The SCADA Contractor will be selected for the following services: 4.1. SCADA Design and Implementation The SCADA Contractor will coordinate with the Controls Integrator (Ovivo USA, LLC) for the final operational narrative and 1/0 list. Preliminary information can be found in Appendix C: Ovivo Submittal. The SCADA Contractor will solicit input from the Agency's Operators regarding general HMI layout, screens for sub-systems, visualization criteria, trending functions, etc. 4.2. Historian Design and Implementation The SCADA Contractor will build a SQL database in which to store all pertinent treatment plant tag data originating from the Host PLC. That database will be tied to the appropriate Historian module. 4.3. Alarming and Notification System Design and Implementation There will be certain alarms and indications provided by the Host PLC that may require immediate attention by the operator(s). The SCADA Contractor will develop an alarming and notification system that includes the options for operators to receive text messages and/or phone calls to their mobile phones. 4.4. Reporting Package Design and Implementation Operators of the WWTP will have a need to create reports for various regulatory agencies, customers, and management. Reports will have the ability of pulling data from the treatment plant Historian/SQL database. SCADA Contractor will install and set up the Ignition Reporting module. 4.5. Mobile Devices Mobile phones and tablets may be a portion of the remote accessibility of the operators. The SCADA Contractor shall provide that function to access the treatment plant SCADA via these mobile devices using Ignition's Perspective module. 4.6. Additional Tasks The SCADA Contractor shall plan on meeting with Agency representatives as needed to garner input for SCADA, review their work to date and to look ahead at their schedule. The SCADA Contractor will be required to coordinate portions of their tasks with the Controls Integrator and General Contractor, especially with regard to testing and start-up processes. Refer to Appendix D: Specification Section 019150 — System Startup, Testing, and Training for more details. RFP SCADA—Port Hadlock Wastewater Project 3 Page 3 Exhibit A TSI and JCPW Service Contract Scope of Work and Schedule 4.7. Contract Term The term of the contract shall extend from award through commissioning. The SCADA Contractor may be considered for additional tasks as described above. The Agency is under no obligation to award future work to the Contractor. 5. Guidelines for Submitting Statement of Proposals 5.1. Communications with the County Questions regarding the RFP may be submitted by email, or regular mail to John Black, Wastewater Engineer III, at: Jefferson County Public Works 623 Sheridan Street Port Townsend, WA 98368 Phone:360-774-1281 Email: jblack@co.jefferson.wa.us 5.2. Instructions to Respondents and Proposal Content Contractors shall submit Statements of Proposals for Tasks 2.1 through 2.7. The Statement of Proposals (SOP) shall be in an 8'/z by 11-inch format and no more than 15 pages in length, including all elements listed below. For the SOP, companies shall: • Provide an introductory cover letter. • Provide company name, address, phone, and email address. Identify the project manager and all team members, including Subcontractors. • Describe the proposed approach to and understanding of the project. Include a brief explanation of how the team will be organized. • Provide the relevant background and experience of the company. Describe the relevant experience of the team members who will be performing the work. • Provide project descriptions of previously completed projects that are relevant in size and scope. • Provide a minimum of two and a maximum of eight personal and team references along with client contact information for similar projects, preferably completed within the last five years. • Describe your communication style to your clients in the following situations: changes in scope or out of scope work requests, coordination miscommunication during start-up and testing, etc. • Include evidence that the company maintains the following minimum insurance with sources approved by the State Insurance Commissioner pursuant to Revised Code of Washington (RCW) Title 48: o Worker's compensation and employer's liability insurance as required by the State. o General commercial liability insurance in an amount not less than a single limit of one million dollars ($1,000,000.00)for bodily injury, including death and property damage per occurrence. RFP SCADA—Port Hadlock Wastewater Project 4 Page 4 Exhibit A SCADA Design and Implementati TSt and JCPW Service Contract Scope of Work and Schedule TSI Experience Founded in 1970,Technical Systems Inc. is the leader in Integrated Water/Wastewater Solutions specializing in the design/build delivery method primarily focused on the municipal industry. With over 50 years of business experience and the completion of over 10,000 jobs,TSI's proven performance and vast knowledge base surpasses all other integration companies. Headquartered in Lynnwood, Washington,TSI operates out of their full service, 25,000 square foot facility housing its engineering offices,training base,field service hub, and control panel fabrication and testing center. Engineering and programming services provided by TSI include the design and programming of remote telemetry, SCADA, power monitoring, programmable logic controllers, human machine interface (HMI), instrumentation,variable speed drives, motor control, and process information management. Custom panel fabrication, start-up and training, project management, and technical on-site services are additionally available. Customer satisfaction, client service, post-project support, and the desire to successfully finish a job are deep-rooted principles ingrained in TSI.This has led to company growth averaging 10% per year. As a large integration company employing over 70 people,TSI can handle the largest of projects while maintaining close customer relations. Strategically formed teams within TSI accomplish this capability. Divisions within the company include design and engineering, programming, purchasing, panel fabrication, sales, and field service all coming together to create a formidable integration provider. Approximately Ninety-Five percent of TSI's revenue generated from the municipal marketplace.TSI is well aware of the many intricacies facing process automation within water and wastewater treatment facilities.The remaining five percent of revenues are derived from the following industries: Fish and Wildlife, energy& power, and transportation. Team Qualifications Technical Systems, Inc. (TSI) has a history of delivering high quality control systems for the water and wastewater industry for over 50 years.TSI is an employee-owned company with an experienced staff of project managers, programmers, engineers, CAD drafters,technicians, and panel fabricators. We believe our team is uniquely qualified to support this project. We place a high emphasis on communication, teamwork, and a close partnership with our customers. • TSI is an Ignition Gold Certified Integrator. • TSI is a Cisco Certified Network Analyst and ISA/IEC 62443 Cybersecurity Expert. • TSI is a Rockwell Automation Gold Level Partner for control, power, and process disciplines in the water and wastewater industry. • TSI is a certified member of Control System Integrators Association (CSIA) since 2014. • TSI is a registered Engineering Corporation and has 7 licensed Professional Engineers on staff. • TSI is locally based in Lynnwood, WA. TSI approaches every project with a team that is dedicated to support the project from start to finish. The roles and time commitments of each team member are defined at the beginning of the project in Technical Systems,Inc 1 2303 196"Street SW I Lynnwood,WA 98036 1 www.TSIcontrols.com Page 5 Exhibit A SCADA Design and ImplementatJSt and JCPW Service Contract Scope of Work and Schedule order to provide the necessary expertise and project support to assure the project can be completed on time and in an efficient and thorough manner. Statement of Understanding The Jefferson County Department of Public Works is seeking a firm to provide professional services to design and install the SCADA system for the Port Hadlock Wastewater project. The selected SCADA designer will work with County staff,the project general contractor, and the controls integrator(Ovivo USA, LLC) to provide a SCADA system designed to meet current needs and specifications as well as future expansion goals. Project Approach Task-1: Project Kickoff The project will begin with a project kickoff meeting with County staff and the project team to discuss the overall project approach, schedule, and communications with the team members. TSI's project manager will handle formal communications and we feel it is important to establish open lines of communication between our SCADA programmers and the Ovivo programmers to allow sharing technical details to coordinate the design work. Workshops will be planned to get group input from County staff and the project team,with formal submittals to document the SCADA system standards, database, network architecture, and overall SCADA system details. Task-2: SCADA System Design Standards The team will work through the development of SCADA standards using workshops and preliminary and final design standards submittals.The design standards will set the foundation for color schemes, common object displays, display navigation,tagnaming, alarming standards, historian and reporting standards, security standards, and sample SCADA screens.The design standards will be used as the basis of design for all SCADA displays. Periodic workshops will held to show progress on the SCADA graphics and get feedback from County staff. Task-3: Network Architecture Design The team will develop the network architecture for the SCADA system including VPN configuration and the ability to connect mobile devices for remote accessibility of the operators. Task-4: System Startup, Testing, and Training The SCADA design team will work closely with the County and project team to meet the startup and testing schedule for the project.The final SCADA system will provide the operators with the graphical interface, data,trending, and alarming necessary to monitor and control the WWTP system. Operator training is an important step in this process, and our team invites informal involvement during the startup and testing phase as well as providing formal training of the SCADA system ahead of startup. Key Personnel Our team for the project includes: • Tim Hecox—Project Manager.Tim will lead the TSI team and provide client communications and schedule and budget information. o Tim has over 15 years of experience as a Project Manager in municipal water, wastewater, and security projects. He has experience in control system conceptual, Technical Systems,Inc 1 2303 19611 Street SW I Lynnwood,WA 98036 1 www.TSIcontrols.com Page 6 Exhibit B SCADA Design and Implementation Proposal Project Cost Proposal Description Price SCADA System Software—Redundant Inductive Automation Ignition Platform $47,900.00 - OPC UA Server Module - Core Drivers -Alarm Notification Module -Voice Notification Module -SMS Notification Module - SQL Bridge Module -Tag Historian - Perspective Module - Symbol Factory - Reporting Module SCADA System Hardware $21,700.00 Dell Tower server (Historian server) - (2) Dell SCADA workstations with dual 27" monitors - Cisco Firepower 1010 ASA with 5-year license SCADA Design & Implementation Services $152,100.00 Total $221,700.00 TSI_PHUGA WWTP SCADA Contract Scope Technical Systems,Inc 1 2303 196"Street SW I Lynnwood,WA 98036 1 www.TSIcontrols.com Page 8 Technical Systems Inc Schedule of Values ITEM DESCRIPTION SUBTOTAL 1 SCADA Design & Implementation Services 1.01 Project Kickoff $8,000.00 1.02 Network Architecture Design $8,000.00 1.03 SCADA System Design Standards $15,000.00 1.04 SCADA System Development $83,000.00 1.05 SCADA System Demonstration Test $12,000.00 1.06 SCADA System Star[ -up and Testing $24,000.00 1.07 SCADA System Training $2,100.00 2 Hardware & Software 2.01 SCADA System Hardware $21,700.00 2.02 SCADASystem Software Licenses $47,900.00 - -INITIAL CONTRACT• DATE No.T7 CHANGE ORDER DESCRIPTION 1 Exhibit B Port Hadlock Wastewater Project Customer: Jefferson County Dept. of Public Works SCADA Design and Implementation Services Project Number: TBD Percent Invoice #1 Invoice #2 Invoice #3 Invoice #4 Invoice #5 Invoice #6 Invoice #7 Invoice #8 Total PRICE Complete [Date] [Date] [Date] [Date] [Date] [Date] [Date] [Date] Remaining $152,100.00 0% $8,000.00 0% $8,000.00 0% J $15,000.00 0% $83,000.00 0% $12,000.00 0% $24,000.00 $69,600.00 0% $2,10D.00 0% $21,700.00 0% $47, 900.00 a SUBTOTAL: $0.001 $0.00 $0.00 $0.00 $0.001 $0.00 $0.00 $0.00 SUBTOTAL BILLING PRICE $0.00 1 0° SUBT mTO WA SALES TAX: 0.000° IIIIIIIIII■IIrG: ���s .,.,., ,.., ■ Payment Method Notes: 1. Items 1.01, 1.02, 1.03, 1.05 and 1.07 will be billed on completion. 2. Items 1.04 and 1.06 paid through monthly progress billing. 3. Items 2.01 and 2.02 paid on purchase. OTAL: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 CO BILLING TAL: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL BILLING $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WA SALES TAX IICE: L $0.001 $0.00 $0.00 $0.00 1 $0.001 $0.001 $0.001 $0.00 TOTAL INVOICE TSI PHUGA WWTP SCADA Contract Scope Page 1 of 1 TECHSYS-01 RWILSONI A��RD CERTIFICATE OF LIABILITY INSURANCE DATE 2/9/2 D/YYYY) /9/2024 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 NTACT Rebecca Wilson Acrisure Northwest Partners Insurance Services,LLC PHONE FAX 19401 40th Ave W,Suite 440 A/C,No,Ext A/C,No): Lynnwood,WA 98036 MESS:rebecca@plcins.com INSURE S AFFORDING COVERAGE NAIC 0 INSURER A:Lloyd's INSURED INSURER B:North American Capacity Insurance Company 25038 Technical Systems,Inc. INSURERC: 2303-196th S.W. INSURER D: Lynnwood,WA 98036 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 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 ADDLTYPE OF INSURANCE JN= POLICY NUMBER POLICY EFF POLICY EXP LIMITS A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 2,000,000 CLAIMS-MADE X] OCCUR 0002012047/023 4/20/2023 V2012024 DAMA1EMGE TSESO RIE,ENTED X Prof Liab w/ occurren X Errors 8r Omisisons MED EXP An one person) PERSONAL III ADVINJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 X POLICY jpa LOC PRODUCTS-COMP/OP AGG OTHER: Ded: 25,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT id ANY AUTO BODILY INJURY Perperson) OWNED SCHEDULED AUTOS ONLY AUTOS BODILY BODILY INJURY Per accident AUTOS ONLY AUTOS ONLY PRO FIT t AMAGE L $ UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED I I RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/NA LITE ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N I A E.L.EACH ACCIDENT (Mandatory in If yes,describe under E.L.DISEASE-EA EMPLOYE DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT B Cyber Liability C4LSP143446CYBER 4/20/2023 1 4/20/2024 Each Claim: 1,000,000 B $25,000 Retention C4LSP143446CYBER 4/20/2023 ' 4/20/2024 Aggregate Limit: 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:Port Hadlock Wastewater Treatment Plant SCADA Design and Implementation Directors and Officers Liability:$250k/$250k-$25k Ded Employment Practices Liability:$250k/$250k-$25k Ded Technology Coverage:$1,000,000/$1,000,000-$25k Ded TSI#8256 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Jefferson County,Washington THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Its elected officials,officers and employees PO Box 1220 Port Townsend,WA 98368 AUTHORIZED REPRESENTATIVE ,f ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD /--�� TECHSYS-01 RWILSON1 Al�ORO DATE(MMIDDYYY) CERTIFICATE OF LIABILITY INSURANCE /Y2/9/2024 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 C NTACT Rebecca Wilson Acrisure Northwest Partners Insurance Services,LLC PHONE FAX 19401 40th Ave W,Suite"0 A/C,No,Ext: AIC,No): Lynnwood,WA 98036 E-MAIL .robecca@plclns.com INSURERS)AFFORDING COVERAGE NAIC# INSURER A:The Travelers Indemnity Company 25658 INSURED INSURERS:The Phoenix Insurance Company 25623 Technical Systems, Inc. INSURER C:Travelers Property Casualty Company of America 25674 2303-196th S.W. INSURER 0: Lynnwood,WA 98036 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 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 NUMBER POLICY EFF POLICY EXPLTR LIMBS A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS-MADE OCCUR X X 6304E606088 4/20/2023 4/20/2024 DAMAGE TO RENTED n 300,000 X Emplrs Liab Stop Gap MED EXP(Any oneperson) 5,000 PERSONAL 8 ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 POLICY❑X JECT LOC PRODUCTS-COMP/OP AGG 2,000,000 OTHER: WA STOP GAP 1.000,000 B AUTOMOBILE LIABILITY EOMBINED SINGLE LIMIT 1,000,000 X ANY AUTO X X 8109M243475 4/20/2023 4/20/2024 BODILY INJURY Perperson) OWNED SCHEDULED AUTOS ONLY AUTOS BODILYBODILY INJURY Per accident AUTOS ONLY AUTOS ONLY PerOa¢id AMAGE C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 5,000,000 XCESSLIAB CLAIMS-MADE X X CUP3J60840A 4/20/2023 4/20/2024 AGGREGATE 51000,000 EXCESS I X IRETENTION$ 0 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N IsTAZ;E ER ANY PROPRIETOR/PARTNER/EXECUTIVE " E.L.EACH ACCIDENT OFFICERIMEMBER EXCLUDED, NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space's required) Project:Port Hadlock Wastewater Treatment Plant SCADA Design and Implementation TSI#8256 Jefferson County,Washington and Its elected officials,officers and employees are Additional Insured with coverage being Primary and Non-Contributory with a Waiver of Subrogation per attached forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Jefferson Count Washington THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y g ACCORDANCE WITH THE POLICY PROVISIONS. Its elected officials, officers and employees PO Box 1220 Port Townsend,WA 98368 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD STALE OF WASFUNGTON Department of U13ar&In8u310e3 Certificate of Warker3' Campen3dtisn :averdye April 19,2023 WA UBI No. 600 030 077 L81 Account ID 330,395-00 Legal Business Name TECHNICAL SYSTEMS INC Doing Business As TECHNICAL SYSTEMS INC Workers'Comp Premium Status: Account is current. Estimated Workers Reported Quarter 4 of Year 2022"51 to 75 Workers" (See Description Below) Account Representative Employer Services Help Line,(360)902-4817 Licensed Contractor? Yes License No. TECHNS'1960D License Expiration 04/23/2024 What does"€30mated WeAer3 Reported"mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter.A single 480 hour position may be filled by one person,or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed,and are liable for premiums found later to be due. Indu3irlal In3ur&nEe miEount3 have no poky per fod3,Earrsellatlon date3, IImltatlom of E8VEra1Je or waiver of 3d13ragatlon(See RCW 51.1 2.050 and 51.16.190). Policy Number: 6304E606088 • COMMON POLICY CONDITIONS WASHINGTON - DELUXE All Coverage Parts included in this policy are subject to the following condltlons The conditions in this endorsement replace any siml- consecutive days, or at least 65% of the lar conditions in the policy that are less favorable to rental units are unoccupied for more than the insured. 120 consecutive days unless the struc- A. CANCELLATION ture is maintained for seasonal occu- 1. The first Named Insured shown in the Decla- pancy or is under construction or repair; rations may cancel this policy by notifying us b. Without reasonable explanation, progress or the Insurance producer in one of the follow- toward completion of permanent repairs ing ways: to the structure has not occurred within 60 days after receipt of funds following a. Written notice by mail, fax or e-mail; satisfactory adjustment or adjudication of b. Surrender of the policy or binder; or loss resulting from a fire; c. Verbal notice. c. Because of its physical condition, the Upon receipt of such notice, we well cancel structure is in danger of collapse: this policy or any binder issued as evidence d. Because of its physical condition, a vaca- of coverage, effective on or the later of the tion or demolition order has been Issued following: for the structure, or it has been declared a. The date on which notice Is received or unsafe in accordance with applicable law; the policy or binder is surrendered; or e. Fixed and salvageable items have been b. The date of cancellation requested by the removed from the structure, indicating an first Named Insured Intent to vacate the structure; _ 2. We may cancel this policy or any Coverage f. Without reasonable explanation, heat, Part by mailing or delivering to the first water, sewer and electricity are not fur- Named Insured and the first Named Insured's nlshed for the structure for 60 consecu- �= agent or broker written notice of cancellation, tive days: or including the actual reason for the cancella- g. The structure Is not maintained in sub- tion, to the last mailing address known to us, stantial compliance with fire, safety and at least: building codes. a. 10 days before the effective date of can- 4. If: cellation if we cancel for nonpayment of a. You are an individual: premium: or b b. A covered auto you own is of the "private . 60 days before the effective date of can- cellation if we cancel for any other rea- son, C. The policy does not cover garage, auto- except as provided in paragraphs 3. and 4. mobile sales agency, repair shop, service station or public parking place operations below. hazards, 3. We may cancel the Deluxe Property Cover- we may cancel the Commercial Auto Cover- age Part, if made a part of this policy, by mail- age Part by mailing or delivering to the first _ ing or delivering to the first Named Insured Named Insured and the first Named Insured's and the first Named Insured's agent or broker agent or broker written notice of cancellation, written notice of cancellation at least five days Including the actual reason for cancellation, to before the effective date of cancellation for the last mailing address known to us: any structure where two or more of the follow- a. At least 10 days before the effective date Ing conditions exist: of cancellation if we cancel for nonpay- a. Without reasonable explanation, the ment of premium; or structure is unoccupied for more than 60 IL T3 19 08 10 (Rev 09/18) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 4 Policy Number: 6304E606088 1 b. At least 10 days before the effective date (2) A covered auto you own is of the "pri- of cancellation for any other reason if the vate passenger type"; policy is in effect less than 30 days; or 3) The( policy does not cover garage, c. At least 60 days before the effective date automobile sales agency, repair of cancellation for other than nonpayment shop, service station or public parking if the policy is in effect 30 days or more: place operations hazards; and or (4) The first Named Insured cancels, d. At least 20 days before the effective date the refund will be not less than 90% of of cancellation if the policy is in effect for any unearned portion not exceeding 60 days or more or is a renewal or con- $100, plus; 95% of any unearned portion tinuation policy, and the reason for can- over $100 but not exceeding $500, and cellation is that your driver's license or not less than 97% of any unearned por- that of any driver who customarily uses a tion in excess of$500. covered "auto" has been suspended or revoked during policy period. The cancellation will be effective, even if S. We will also mail or deliver to any mortgage we have not made or offered a refund. holder, pledgee or other person shown in this 8• If notice is mailed, proof of mailing will be suf- policy to have an interest in any loss which ficient proof of notice. may occur under this policy, at their last mail- B. CHANGES ing address known to us, written notice of This policy contains all the agreements between cancellation. prior to the effective date of can- you and us concerning the insurance afforded. cellation. If cancellation is for reasons other The first Named Insured shown in the Declara- than those contained in paragraph A.3. tions is authorized to make changes in the terms above, this notice will be the same as that of this policy with our consent. This policys terms mailed or delivered to the first Named In- can be amended or waived only by endorsement sured. If cancellation is for a reason con- issued by us and made a part of this policy. tained in paragraph A.3. above, we will mail or deliver this notice at least 20 days prior to C. EXAMINATION OF YOUR BOOKS AND RE- the effective date of cancellation. CORDS 6. Notice of cancellation will state the effective We may examine and audit your books and re- date of cancellation. If the policy is cancelled, cords as they relate to this policy at any time dur- that date will become the end of the policy pe- ing the policy period and up to three years after- riod. If a Coverage Part is cancelled, that date ward. will become the end of the policy period as D. INSPECTION AND SURVEYS respects that Coverage ?art only. 1. We have the right but are not obligated to: Cancellation will not affect coverage on any a. Make inspections and surveys at any shipment in transit on the date of cancellation. time; Coverage will continue In full force until such property is delivered and accepted. b. Give you reports on the conditions we 7. If this policy is cancelled, we will send the first find; and Named Insured any premium refund due. If c. Recommend changes. we cancel, the refund will be pro rata. If the 2. We are not obligated to make any inspec- first Named Insured cancels, the refund will tions, surveys, reports or recommendations, be at least 90% of the pro rata refund unless and any such actions we do undertake relate the following applies: only to insurability and the premiums to be a. For Division Two — Boiler and Machinery, charged. We do not make safety inspections. if the first Named Insured cancels, the re- We do not undertake to perform the duty of fund will be at least 75% of the pro rata any person or organization to provide fur the refund. health or safety of workers or the public. And b If we do not warrant that conditions: (1) If you are an individual; a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc.with its permission. IL T3 19 08 10 (Rev.09/18) Policy Number: 6304E606088 a 3. Paragraphs 1. and 2. of this condition apply notice of nonrenewal. We will mail or deliver not only to us, but also to any rating. advisory, these notices at least 60 days before the: rate service or similar organization which a. Expiration of the policy: or makes insurance Inspections, surveys, re- ports or recommendations. b. Anniversary date of this policy if this pol- icy has been written for a term of more 4. Paragraph 2. of this condition does not apply than one year. to any inspections, surveys, reports or rec ommendations we may make relative to certi 2. Otherwise we will renew this policy unless: fication, under state or municipal statutes, or- a. The first Named Insured fails to pay the dinances or regulations, of boilers, pressure renewal premium after we have ex- vessels or elevators. pressed our willingness to renew, includ- E. PREMIUMS ing a statement of the renewal premium, to the first Named Insured and the first 1. The first Named Insured shown in the Decla- Named Insured's insurance agent or bro- rations: ker at least 20 days before the expiration a. Is responsible for the payment of all pre- date: miums: and b. Other coverage acceptable to the insured b. Will be the payee for any return premiums has been procured prior to the expiration we pay. date of the policy: or 2. We compute all premiums for this policy in c. The policy clearly states that it is not re- accordance with our rules, rates, rating plans, newable and is for a specific line, sub- premiums and minimum premiums. The pre- classification, or type of coverage that is mium shown in the Declarations was com- not offered on a renewable basis. puted based on rates and rules in effect at the 3 If: time the policy was issued. On each renewal, continuation or anniversary of the effective a. You are an individual: date of this policy. we will c,ornpute the pre- b. A covered auto you own is of the "private mium in accordance with our rates and rules passenger type and then in effect. c. The po icy does not cover garage, auto- F. TRANSFER OF YOUR RIGHTS AND DUTIES mobile sales agency, repair shop, service UNDER THIS POLICY station or public parking place operations Your rights and duties under this policy may not hazards, be transferred without our written consent except the following applies to nonrenewal of the in the case of death of an individual Named In- Commercial Auto Coverage Part in place of sured. If you die, your rights and duties will be GA.: transferred to your legal representative but only a. We may elect not to renew or continue while acting within the scope of duties as your le- this poky by mailing or delivering to you �= gal representative. Until your legal representative and your agent or broker written notice at is appointed, anyone having proper temporary least 20 days before the end of the policy custody of your property will have your rights and period including the actual reason for duties but only with respect to that property. nonrenewal. If the policy period is more G. NONRENEWAL than one year, we will have the right not 1. We may elect not to renew this policy by mail- to renew or continue it only at an anniver- ing or delivering written notice of nonrenewal, sary of its original effective date. If we of- stating the reasons for nonrenewal, to the first fer to renew or continue and you do not Named Insured and the first Named Insured's accept, this policy will terminate at the agent or broker, at their last mailing ad- end of the current policy period. Failure to dresses known to us. We will also mail to any pay the required renewal or continuation mortgage holder, pledgee, or other person premium when due shall mean that you shown in this policy to have an Interest in any have net accepted our offer. loss which may occur under this policy, at b. We will not refuse to renew Liability Cov- their last mailing address known to us, written erage or Collision Coverage solely be- cause an "insured" has submitted claims IL T3 19 08 10 (Rev 09118) Includes copyrighted material of Insurance Services Oft-ice.Inc. with its permission. Page 3 of 4 Policy Number: 6304E606088 under Comprehensive Coverage or Tow- c. Commercial Property Conditions; ing and Labor Coverage. d. Causes of Loss— Special Form; c. If we fail to mail or deliver proper notice of e. Causes of Loss—Earthquake Form. nonrenewal and you obtain other insur- ance, this policy wig end on the effective 4. Standard Commercial Inland Marine Forms date of that insurance. including but not limited to the Transportation H. DELUXE PROPERTY COVERAGE PART REF- — Special Form. ERENCE TO FORMS AND ENDORSEMENTS Endorsements referencing the Commercial In some instances, the Deluxe Property Declara- Property Coverage Part, Commercial Inland Marine Coverage Part, the Commercial Prop- luxe may list endorsements included in the De- erty Forms, or the Commercial Inland Marine luxe Property Coverage Part the reference: Forms apply to the Deluxe Property Coverage 1. The Commercial Property Coverage Part; Forms in the same manner as they apply to 2. The Commercial Inland Marine Coverage the Forms they reference. Part; I. INSURANCE UNDER TWO OR MORE COVER- 3. Commercial Property Forms including, but not AGE PARTS limited to, the following: If two or more of this policy's Coverage Parts ap- a. Building and Personal Property Coverage ply to the same loss or damage, we will not pay Form: more than the actual amount of the loss or dam- b. Business Income Coverage Form; age. This policy consists of the Common Policy Declarations and the Coverage Parts and endorsements listed in that declarations form. In return for payment of the premium, we agree with the Named Insured to provide the insurance afforded by a Coverage Part forming part of this policy. That insurance will be provided by the company indicated as insuring company in the Common Policy Declarations by the abbreviation of its name opposite that Coverage Part. One of the companies listed below (each a stock company) has executed this policy, and the policy is counter- signed by the officers listed below. The Travelers Indemnity Company(IND) The Phoenix Insurance Company(PHX) The Charter Oak Fire Insurance Company(COF) Travelers Property Casualty Company of America (TIL) The Travelers Indemnity Company of Connecticut (TCT) The Travelers Indemnity Company of America (TIA) Travelers Casualty Insurance Company of America (ACJ) 0 W4 r:!z6�7 � Sec//retary / , President Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc.with its permission. IL T3 19 08 10 (Rev.09/18) Policy Number: CUP3J60840A UMBRELLA EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE THIS POLICY, IN PART, PROVIDES FOLLOW-FORM LIABILITY COVERAGE. COVERAGE WILL APPLY ON A CLAIMS-MADE BASIS WHEN FOLLOWING CLAIMS-MADE UNDERLYING INSURANCE. COVERAGE WILL APPLY ON A DEFENSE-WITHIN-LIMITS BASIS WHEN FOLLOWING UNDERLYING INSURANCE UNDER WHICH DEFENSE EXPENSES ARE PAYABLE WITHIN, AND NOT IN ADDITION TO, THE LIMITS OF INSURANCE. WHEN FOLLOWING SUCH UNDERLYING INSURANCE, PAYMENT OF DEFENSE EXPENSES UNDER THIS POLICY WILL REDUCE, AND MAY EXHAUST, THE LIMITS OF INSURANCE OF THIS POLICY. PLEASE READ THE ENTIRE POLICY CAREFULLY. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under SECTION 11 — WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI — DEFINITIONS SECTION I — COVERAGES provisions to the contrary contained in this A. COVERAGE A — EXCESS FOLLOW-FORM Insurance. LIABILITY 3. The amount we will pay for damages is limited as described in SECTION III — LIMITS OF 1. We will pay on behalf of the insured those INSURANCE. sums, in excess of the "applicable underlying 4. For the purposes of Paragraph 1. above: limit", that the insured becomes legally obligated to pay as damages to which a. The applicable limit of insurance stated Coverage A of this Insurance applies, for the policies of "underlying insurance" provided that the "underlying Insurance" would in the Schedule Of Underlying Insurance apply to such damages but for the exhaustion will be considered to be reduced or of Its applicable limits of insurance. If a exhausted only by the following sublimit is specified in any "underlying payments insurance". Coverage A of this insurance (1) Payments of judgments or applies to damages that are in excess of that settlements for damages that are sublimit only if such sublimit is shown for that covered by that "underlying "underlying insurance" in the Schedule Of insurance". However, if such Underlying Insurance "underlying insurance" has a policy 2. Coverage A of this insurance Is subject to the period which differs from the policy period of this Excess Follow Form same terms. conditions, agreements, And Umbrella Liability Insurance, any exclusions and definitions as the "underlying such payments for damages that insurance". except with respect to any would not be covered by this Excess EU 00 01 07 16 �P 2016 The Travelers Indemnity Company All rights reserved Page 1 of 22 Policy Number: CUP3J60840A UMBRELLA Follow-Form And Umbrella Liability S. When the "underlying Insurance" applies on a Insurance because of its different claims-made basis and includes a retroactive policy period will not reduce or date provision, the retroactive date for exhaust the applicable limit of Coverage A of this insurance is the same as insurance stated for such "underlying the retroactive date of that "underlying insurance": Insurance". (2) Payments of "medical expenses" that B. COVERAGE B — UMBRELLA LIABILITY are covered by that "underlying 1. We will pay on behalf of the insured those Insurance" and are Incurred for sums in excess of the "self-insured retention" "bodily injury" caused by an accident that the insured becomes legally obligated to that takes place during the policy pay as damages because of "bodily injury, period of this Excess Follow-Form "property damage". "personal injury' or And Umbrella Liability Insurance; or "advertising injury to which Coverage B of (3) Payments of defense expenses that this insurance applies. are covered by that "underlying 2. Coverage B of this insurance applies to insurance". only if such "underlying "bodily injury" or "property damage" only if: insurance" includes such payments within the limits of insurance. a. The "bodily injury" or "property damage" is However, if such "underlying caused by an "occurrence" that takes insurance" has a policy period which place anywhere in the world; differs from the policy period of this b. The "bodily injury' or "property damage" Excess Follow-Form And Umbrella occurs during the policy period: and Liability Insurance, any such c. Prior to the policy period, no insured listed payments for defense expenses that under Paragraph 1. in Paragraph B.. would not be covered by this Excess COVERAGE B — UMBRELLA Follow-Form And Umbrella Liability Insurance because of its different LIABILITY, of SECTION fl — WHO IS AN policy period will not reduce or INSURED and no "employee" authorized exhaust the applicable limit of by you to give or receive notice of an insurance stated for such "underlying "occurrence" or claim, knew that the insurance". "bodily injury' or "property damage" had occurred. in whole or in part. If such a If the applicable limit of insurance stated listed insured or authorized "employee" a- for the policies of "underlying insurance" knew. prior to the policy period. that the in the Schedule Of Underlying Insurance "bodily injury' or "property damage" is actually reduced or exhausted by other occurred, in whole or in part, then any payments, Coverage A of this insurance continuation, change or resumption of is not invalidated. However, in the event such "bodily injury" or "property damage" of a loss, we will pay only to the extent during or after the policy period will be that we would have paid had such limit deemed to have been known prior to the not been actually reduced or exhausted policy period. by such other payments. 3. Coverage B of this insurance applies to b. If any "underlying insurance" has a limit of "personal injury" or "advertising injury' insurance greater than the amount shown caused by an offense arising out of your for that insurance in the Schedule of business. but only if the offe►1se was Underlying Insurance, this insurance will committed during the policy period _ apply in excess of that greater amount. If anywhere in the world. any "underlying insurance" has a limit of 4. The amount we will pay for damages is limited insurance. prior to any reduction or as described in SECTION III — LIMITS OF �= exhaustion by payment of damages, INSURANCE. "medical expenses" or defense expenses described in Paragraph a. above, that is S. "Bodily injury' or "property damage": less than the amount shown for that a. Which occurs during the policy period: and insurance in the Schedule Of Underlying b. Which was not prior to, but was during, the Insurance. this insurance will apply in excess of the amount shown for such policy period known to have occurred by insurance in the Schedule Of Underlying any Insured listed under Paragraph 1. in Insurance. Paragraph B.. COVERAGE B — Page 2 of 22 r;2016 The Travelers Indemnity Company All nghts reserved EU 00 01 07 16 Policy Number: CUP3J60840A UMBRELLA UMBRELLA LIABILITY of SECTION II — a. First commence at the time when any WHO IS AN INSURED or any "employee" "executive officer" first becomes aware of authorized by you to give notice of an an "event" or "occurrence" that leads to "occurrence" or claim: that"crisis management event": and includes any continuation. change or b. End when we decide that the crisis no resumption of the "bodily nfury' or "property longer exists or when the Crisis damage" after the end of the policy period. Management Service Expenses Limit has 6. "Bodily injury' or "property damage" will be been exhausted. whichever occurs first. deemed to have been known to have 4. The amount we will pay for "crisis occurred at the earliest time when any insured management service expenses" is limited as listed under Paragraph 1. in Paragraph B., described in SECTION III — LIMITS OF COVERAGE B — UMBRELLA LIABILITY, of INSURANCE. SECTION II — WHO IS AN INSURED or any 5. A "self-insured retention" does not apply to "employee" authorized by you to give or receive notice of an "occurrence" or claim: "crisis management service expenses". a. Reports all. or any part, of the "bodily 6. Any payment of "crisis management service injury" or "property damage" to us or any expenses" that we make will not be other insurer: determinative of our obligations under this insurance with respect to any claim or "suit" or b. Receives a written or verbal demand or create any duty to defend or indemnify any claim for damages because of the "bodily insured for any claim or "suit". injury" or "property damage": or D. DEFENSE AND SUPPLEMENTARY PAYMENTS c. Becomes aware by any other means that 1. We will have the right and duty to defend the the "bodily injury' or 'property damage" insured: has occurred or has begun to occur. 7. Damages because of "bodily injury" include a. Under Coverage A. against a "suit" damages claimed by any person or seeking damages to which such coverage organization for care. loss of services or death applies, rf: resulting at any time from the "bodily injury. (1) The "applicable underlying limit" is the 8. Coverage B of this insuran--e does not apply applicable limit of insurance stated for to damages covered by any "underlying a policy of "underlying insurance" in insurance" or that would have been covered the Schedule Of Underlying by any "underlying insurance" but for the Insurance and such limit has been exhaustion of its applicable I mit of insurance exhausted solely due to payments as permitted in Paragraphs 4.a.(1), (2) C. COVERAGE C — CRISIS MANAGEMENT arid (3) of COVERAGE A — EXCESS SERVICE EXPENSES FOLLOW-FORM LIABILITY of 1. We will reimburse the insured, or pay on the SECTION I — COVERAGES: or insured's behalf. "crisis management service (2) The "applicable underlying limit" is the expenses" to which Coverage C applies. applicable limit of any "other 2. Coverage C of this insurance applies to "crisis insurance" and such limit has been management service expenses" that: exhausted by payments of judgments, settlements or medical expenses, or a. Arise out of a "crisis management event" related costs or expenses (if such that first commences during the policy costs or expenses reduce such period: limits) b. Are incurred by the insured, after a "crisis For any "suit" for which we have the right management event" first commences and and duty to defend the insured under before such event ends. and Coverage A, defense expenses will be c. Are submitted to us witl'in 180 days after within the limits of insurance of this policy the "crisis management advisor" advises when such expenses are within the limits you that the "crisis management event" of insurance of the applicable "underlying no longer exists. insurance or 3. A "crisis management event" will be deemed b. Under Coverage B. against a "suit" to: seeking damages to which such coverage applies. EU 00 01 07 16 C 2016 The Travelers Indemnity Company All rights reserved Page 3 of 22 Policy Number: CUP3J60840A UMBRELLA 2. We have no duty to defend any insured applicable limit of insurance. If we do not against any"suit": pay part of the judgment for any reason a. Seeking damages to which this insurance other than it is more than the applicable does not apply: or limit of insurance, we will not pay any pp y' interest that accrues on that portion of the b. If any other insurer has a duty to defend. judgment. 3. When we have the duty to defend, we may, at With respect to a claim we investigate or our discretion, investigate and settle any claim settle, or "suit" against an insured we defend or "suit". In all other cases, we may, at our under COVERAGE A — EXCESS FOLLOW- discretion, participate in the investigation, FORM LIABILITY, these payments will not defense and settlement of any claim or "suit" reduce the applicable limits of insurance, but for damages to which this insurance may only if the applicable "underlying insurance" apply. If we exercise such right to participate, provides for such payments in addition to its all expenses we incur in doing so will not limits of insurance. With respect to a claim we reduce the applicable limits of insurance. investigate or settle, or "suit" against an 4. Our duty to defend ends when we have used insured we defend under COVERAGE B — up the applicable limit of nsurance in the UMBRELLA LIABILITY• these payments will payment of judgments or settlements, or not reduce the applicable limits of insurance. defense expenses if such expenses are within SECTION 11 —WHO IS AN INSURED the limits of insurance of this policy. A. COVERAGE A — EXCESS FOLLOW-FORM 5. We will pay, with respect to a claim we LIABILITY investigate or settle, or "suit" against an insured we defend: With respect to Coverage A. the following persons a. All expenses we incur. and organizations qualify as insureds: b. The cost of: 1. The Named Insured shown in the Declarations; and (1) Bail bonds required because of accidents or traffic law violations 2. Any other person or organization qualifying as arising out of the use of any vehicle to an insured in the "underlying insurance". If which this insurance applies; or you have agreed to provide insurance for that person or organization in a written contract or (2) Appeal bonds and bonds to release agreement: �= attachments; — a. The limits of insurance afforded to such but only for bond amounts within the person or organization will be: applicable limit of insurance. We do not have to furnish these bonds. (1) The amount by which the minimum limits of insurance you agreed to c. All reasonable expenses incurred by the provide such person or organization insured at our request to assist us in the in that written contract or agreement investigation or defense of such claim or exceed the total limits of insurance of "suit", including actual loss of earnings up all applicable "underlying insurance": to $1,000 a day because of time off from or —_ work. d. All court costs taxed against the insured (2) The limits of insurance of this policy; T— in the "suit". However, these payments do whichever is less; and not include attorneys' fees or attorneys' b. Coverage under this policy does not apply expenses taxed against the insured. to such person or organization if the e. Prejudgment interest awarded against the minimum limits of insurance you agreed insured on that part of the judgment we to provide such person or organization in pay. If we make an offer to pay the that written contract or agreement are applicable limit of insurance, we will not wholly within the total limits of insurance pay any prejudgment interest based on of all available applicable "underlying that period of time after the offer. insurance". f. All interest that accrues on the full amount B. COVERAGE B —UMBRELLA LIABILITY of any judgment after entry of the With respect to Coverage B: judgment and before we have paid, offered to pay or deposited in court the 1. The Named Insured shown in the part of the judgment that is within the Declarations is an insured. 2. If you are.- Page 4 of 22 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 Policy Number: CUP3J60840A UMBRELLA a. An individual, your spouse is also an as a consequence of Paragraph Insured, but only with respect to the (1►(a) above: conduct of a business of which you are (c) For which there is any obligation the sole owner. to share damages with or repay b. A partnership or joint venture, your someone else who must pay members, your partners and their damages because of the injury spouses are also insureds, but only with described in Paragraph (1)(a) or respect to the conduct of your business. (b) above: or c. A limited liability company. your members (d) Arising out of his or her providing are also insureds, but only with respect to or failing to provide professional the conduct of your business. Your health care services. managers are also insureds, but only with Unless you are in the business or respect to their duties as your managers. occupation of providing professional health care services. Paragraphs d. An organization other than a partnership. (1)(a), (b). (c) and (d) above do not joint venture or limited liability company, apply to "bodily injury" arising out of your "officers" and directors are also providing or failing to provide first aid insureds, but only with respect to their or "Good Samaritan services" by any duties as your "officers" or directors. Your of your "erployees" or "volunteer stockholders are also insureds, but only workers" other than an employed or with respect to their liability as volunteer doctor. Any such stockholders. "employees" or "volunteer workers" e. A trust, your trustees are also insureds. providing or failing to provide first aid but only with respect to their duties as or "Good Samaritan services" during trustees. their work hours for you will be deemed to be acting within the scope I Each of the following is also an insured: of their employment by you or performing duties related to the a. Your "volunteer workers" only while conduct of your business. performing duties related to the conduct of your business, or your "employees". (2) "Property damage" to property: other than either your "officers" (if you are (a) Owned. occupied or used by. or an organization other than a partnership, joint venture or limited liability company) (b) Rented to. in the care. custody or or your managers (if you are a limited control of. or over which physical control is being exercised for any liability company), but only for acts within the scope of their employment by you or purpose by: while performing duties related to the you, any of your "employees" or conduct of your business However, none "volunteer workers", any of your of these "employees" or "volunteer partners or members (if you are a workers"are insureds for: partnership or pint venture). or any of your members (if you are a limited (1) "Bodily injury" or "personal injury": liability company). (a) To you, to your partners or b. Any person (other than your "employee" members (if you are a partnership or "volunteer worker"), or any or joint venture), to your members organization, while acting as your real (if you are a limited liability estate manager. company), to a co-"employee" c. Any person or organization having proper while in the course of his or her temporary custody of your property if you employment or performing duties die, but only: related to the conduct of your business, or to your other (1) With respect to liability arising out of the maintenance or use of that "volunteer workers" while Property: and performing duties related to the conduct of your business: (2) Until your legal representative has been appointed (b) To the spouse, child, parent, d. Your legal representative if you die, but brother or sister of that co only with respect to duties as such. That "employee" or volunteer worker" Policy Number: CUP3J60840A UMBRELLA representative will have a I your rights and 2. Any organization, other than a partnership, duties under this insurance. joint venture or limited liability company, of 4. Any organization, other than a partnership, which you are the sole owner, or in which you joint venture or limited liability company, of maintain an ownership interest of more than which you are the sole owner. or in which you 50%. on the first day of the policy period. No maintain an ownership interest of more than such organization is an insured or will qualify 50%, on the first day of the policy period is an as a Named Insured for "crisis management insured and will qualify as a Named Insured. service expenses" arising out of a "crisis No such organization is an insured or will management event" that first commences qualify as a Named Insured for "bodily injury" after the date, if any, during the policy period, or "property damage" that occurred, or that you no longer maintain an ownership "personal injury" or "advertisirg injury" caused interest of more than 50% in such by an offense committed after the date, if any, organization. during the policy period, that you no longer 3. Any organization you newly acquire or form, maintain an ownership interest of more than other than a partnership, joint venture or 50/o in such organization. limited liability company, and of which you are 5. Any organization you newly acquire or form, the sole owner, or in which you maintain an other than a partnership, joint venture or ownership interest of more than 50%, if there limited liability company, and of which you are is no other similar insurance available to that the sole owner, or in which you maintain an organization. However: ownership interest of more than 50%, is an insured and will qualify as a Named Insured if a. Coverage under this provision is afforded there is no other similar insurance available to only until the 180" day after you acquire that organization. However: or form the organization or the end of the a. Coverage under this provision is afforded policy period, whichever is earlier; and only until the 180"' day after you acquire b. Coverage for such organization does not or form the organization or the end of the apply to "crisis management service policy period, whichever Is earlier; and expenses" arising out of a "crisis b. Coverage for such organization does not management event" that occurred before you acquired or formed the organization, apply to: even if an "executive officer" only first (1) "Bodily injury' or "property damage" becomes aware of an "event" or �= that occurred: or "occurrence" that leads to such "crisis —_ (2) "Personal injury' or "advertising management event" after the date you _ injury" arising out of an offense acquired or formed the organization. committed; No person or organization is an insured or will before you acquired or formed the qualify as a Named Insured with respect to the organization. conduct of any current or past partnership, joint venture or limited liability company that is not No person or organization is an insured or will shown as a Named Insured in the Declarations. T— qualify as a Named Insured with respect to the conduct of any current or past partnership, joint SECTION III — LIMITS OF INSURANCE venture or limited liability company that is not A. The Limits of Insurance shown in the Declarations shown as a Named Insured in the Declarations. and the rules below fix the most we will pay for the This paragraph does not apply to any such amounts described below to which this insurance partnership, joint venture or limited liability applies regardless of the number of: company that otherwise qualifies as an insured under Paragraph B. of SECTION II — WHO IS AN 1. Insureds: INSURED. 2. Claims made or "suits" brought: C. COVERAGE C — CRISIS MANAGEMENT 3. Number of vehicles involved; SERVICE EXPENSES 4. Persons or organizations making claims or With respect to Coverage C, the following persons bringing "suits"; or and organizations are insureds and will qualify as 5. Coverages provided under this insurance. Named Insureds: 1. The Named Insured shown in the As indicated in Paragraph D.1. of SECTION I — Declarations. COVERAGES, for any "suit" for which we have the right and duty to defend the insured under Coverage A, defense expenses will be within the Page 6 of 22 C6 2016 The Travelers Indemnity Company All nghts reserved EU 00 01 07 16 Policy Number: CUP3J60840A UMBRELLA limits of insurance of this policy when such F. The limits of insurance of this policy apply expenses are within the limits of Insurance of the separately to each consecutive annual period and applicable "underlying insurance". to any remaining period of less than 12 months, B. The General Aggregate Limit is the most we will starting with the beginning of the policy period pay for the sum of all: shown in the Declarations. If the policy period is extended after issuance for an additional period of 1. Damages; and less than 12 months, the additional period will be 2. Uefense expenses if such expenses are deemed part of the last preceding period for within the limits of insurance of this policy: purposes of determining the limits of insurance. except: SECTION IV — EXCLUSIONS 1. Damages and defense expenses because of This insurance does not apply to: "bodily injury" or "property damage" included A. With respect to Coverage A and Coverage B. in the "auto hazard 1. Asbestos 2. Damages and defense expenses because of "bodily injury" or "property damage" included a. Damages arising out of the actual or in the "products-completed operations alleged presence or actual, alleged or hazard or threatened dispersal of asbestos, asbestos fibers or products containing 3. Damages and defense expenses for which insurance is provided under any Aircraft asbestos, provided that the damages are caused or contributed to by the hazardous Liability coverage included as "underlying properties of asbestos. insurance" to which no aggregate limit applies. b. Damages arising out of the actual or C. The Products-Completed Operations Aggregate alleged presence or actual, alleged or Limit is the most we will pay for the sum of all: threatened dispersal of any solid, liquid, gaseous or thermal irritant or 1. Damages; and contaminant, including smoke, vapors. 2. Defense expenses 6 such expenses are soot, fumes, acids. alkalis, chemicals and within the limits of insurance of this policy; waste, and that are part of any claim or because of "bodily injury" or "property damage" "suit" which also alleges any damages included in the "products-completed operations described in Paragraph a. above. hazard". c. Any loss, cost or expense arising out of D. Subject to Paragraph B. or C. above. whichever any: applies, the Occurrence Limit is the most we will pay for the sum of all: (1) Request, demand, order or statutory or regulatory requirement that any 1. Damages, and defense expenses if such insured or others test for, monitor, expenses are within the limits of insurance of clean up, remove, contain, treat, this policy, under Coverage A arising out of detoxify or neutralize, or in any way any one "event" to which the "underlying respond to, or assess the effects of. insurance" applies a limit of insurance that is asbestos. asbestos fibers or products separate from any aggregate limit of containing asbestos; or insurance; and (2) Claim or "suit" by or on behalf of any 2. Damages under Coverage B because of all governmental authority or any other "bodily injury", "property damage". "personal person or organization because of injury" or "advertising injury arising out of any testing for, monitoring, cleaning up, one "occurrence" removing, containing. treating, For the purposes of determining the applicable detoxifying or neutralizing. or in any Occurrence Limit, all related acts or omissions way responding to, or assessing committed in the providing or failing to provide the effects of, asbestos. asbestos first aid or "Good Samaritan services" to any one fibers or products containing asbestos. person will be considered one "occurrence". 2. Employment-Related Practices E. The Crisis Management Service Expenses Limit Damages because of injury to: is the most we will pay for the sum of all "crisis management service expenses" arising out of all a. A person arising out of any: "crisis management events". Payment of such (1) Refusal to employ that person; "crisis management service expenses" is in addition to, and will not reduce any other limit of (2) Termination of that person's insurance of this policy. employment, or EU 00 01 07 16 It,2016 The Travelers Indemnity Company All rights reserved Page 7 of 22 Policy Number: CUP3J60840A UMBRELLA (3) Employment-related practice, policy, the meanings given them in the Atomic act or omission, such as coercion, Energy Act of 1954 or any of its demotion, evaluation, reassignment, amendments. discipline, failure to promote or 6. Uninsured or Underinsured Motorists, No- advance, harassment, humiliation, Fault And Similar Laws discrimination, libel, slander, violation of the person's right of privacy, Any liability Imposed on the insured, or the malicious prosecution or false arrest, insured's insurer, under any of the following detention or imprisonment, applied to laws: or directed at that person, regardless a. Uninsured motorists, of whether such practice, policy, act or omission occurs, is applied or is b. Underinsured motorists; committed before. during or after the c. Auto no-fault or other first-party personal time of that person's employment: or injury protection (PIP); b. The spouse, child, parent, brother or d. Supplementary uninsured/underinsured sister of that person as a consequence of motorists (New York); or injury to that person as described in Paragraphs a.(1), (2) or (3) above. e. Medical expense benefits and income loss benefits (Virginia). This exclusion applies: 7. War a. Whether the insured may be liable as an employer or in any other capacity; and Damages arising out of: b. To any obligation to share damages with a. War, including undeclared or civil war; or or repay someone else who must pay b. Warlike action by a military force, damages because of the injury. including action in hindering or defending 3. ERISA, COBRA And Similar Laws against an actual or expected attack, by any government, sovereign or other Any obligation of the insured under: authority using military personnel or other a. The Employees Retirement Income agents; or Security Act Of 1974 (ERISA) or any of c. Insurrection, rebellion, revolution, usurped its amendments; power or action taken by governmental b. The Consolidated Omnibus Budget authority in hindering or defending against Reconciliation Act of 1985 (COBRA) or any of these. any of its amendments; or 8. Workers Compensation And Similar Laws c. Any similar common or statutory law of Any obligation of the insured under a workers any jurisdiction. compensation. disability benefits or 4. Medical Expenses Or Payments unemployment compensation law or any Any obligation of the insured under any similar law. T- "medical expenses" or medical payments B. With respect to Coverage B: coverage. 1. Expected Or Intended Bodily Injury Or 5. Nuclear Material Property Damage Damages arising out of: "Bodily injury' or "property damage" expected a. The actual, alleged or threatened or intended from the standpoint of the insured. exposure of any person or property to; or This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of b. The "hazardous properties" of: reasonable force to protect persons or any"nuclear material". property. 2. Contractual Liability = As used in this exclusion: y a. "Hazardous properties" includes "Bodily injury', "property damage", "personal radioactive, toxic or explosive properties; injury" or "advertising injury" for which the insured is obligated to pay damages by b. "Nuclear material" means "source reason of the assumption of liability in a material". "special nuclear material" or contract or agreement. This exclusion does "by-product material and not apply to liability for damages that the c. "Source material", "special nuclear insured would have in the absence of the material" and "by-product material" have contract or agreement. Page 8 of 22 z 2016 The Travelers Indemnity Company.All rights reserved EU 00 01 07 16 Policy Number: CUP3J60840A UMBRELLA 3. Liquor Liability removing, containing, treating, "Bodily Injury" or "property damage" for which detoxifying or neutralizing, or In any any insured may be liable by reason of: way responding to, or assessing the a. Causing or contributing to the Intoxication effects of. "pollutants". of any person, including causing or 6. Aircraft contributing to the intoxication of any "Bodily injury' or "property damage" arising person because alcoholic beverages were out of the ownership. maintenance, use or permitted to be brought on your premises entrustment to others of any aircraft owned or for consumption on your premises: operated by or rented or loaned to any b. The furnishing of alcoholic beverages to a insured. Use includes operation and "loading person under the legal drinking age or or unloading". under the influence of alcohol: or This exclusion applies even if the claims c. Any statute, ordinance or regulation against any insured allege negligence or other relating to the sale, gift, distribution or use wrongdoing In the supervision, hiring, of alcoholic beverages. employment, training or monitoring of others by that insured, if the "occurrence" which 4. Employers Liability caused the "bodily injury" or "property "Bodily injury"to: damage" involved the ownership, a. An "employee" of the Insured arising out maintenance, use or entrustment to others of of and in the course of: any aircraft that is owned or operated by or (1) Employment by the insured: or rented or loaned to any insured. 7. Auto (2) Performing duties related to the conduct of the insu-ed's business: or "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or b. The spouse, child, parent, brother or entrustment to others of any "auto". Use sister of that "employee" as a includes operation and "loading or unloading". consequence of "bodily injury' described In Paragraph a. above. This exclusion applies even if the claims against any insured allege negligence or other This exclusion applies: wrongdoing in the supervision, hiring. a. Whether the insured may be liable as an employment. training or monitoring of others employer or In any other capacity: and by that insured, if the "occurrence" which b. To any obligation to share damages with caused the "bodily injury" or "property or repay someone else who must pay damage" involved the ownership, damages because of the "bodily injury'. maintenance, use or entrustment to others of any"auto". 5. Pollution This exclusion does not apply to "bodily injury" a. "Bodily injury", "property damage", or "property damage" caused by an "personal injury" or "advertising injury' "occurrence" that takes place outside of the arising out of the actual, alleged or United States of America (including Its threatened discharge, dispersal, seepage, territories and possessions), Puerto Rico and migration, release or escape of Canada. "pollutants". 8. Watercraft b. Any loss, cost or expense arising out of any: "Bodily Injury" or "property damage" arising out of the ownership, maintenance, use or (1) Request, demand, order or statutory entrustment to others of any watercraft owned or regulatory requirement that any or operated by or rented or loaned to any insured or any other person or insured. Use includes operation and "loading organization test for, monitor, clean or unloading". up, remove, contain, treat, detoxify or neutralize, or in any way respond to, This exclusion applies even if the claims or assess the effects of. "pollutants": against any insured allege negligence or other or wrongdoing in the supervision, hiring, employment, training or monitoring of others (2) Claim or "suit" by or on behalf of any by that insured, if the "occurrence" which governmental authority or any other caused the "bodily injury" or "property person or organization because of damage" involved the ownership, testing for, monito-ing, cleaning up. EU 00 01 07 16 lf�2016 The Travelers Indemnity Company All rights reserved. Page 9 of 22 Policy Number: CUP3J60840A UMBRELLA maintenance, use or entrustment to others of 11. Damage To Impaired Property Or Property any watercraft that is owned or operated by Not Physically Injured or rented or loaned to any insured. "Property damage" to "impaired property', or This exclusion does not apply to a watercraft: property that has not been physically injured, a. While ashore on premises owned by or arising out of: rented to any insured; or a. A defect, deficiency, inadequacy or b. That is 50-feet long or less and that: dangerous condition in "your product" or "your work"; or (1) You own; or b. A delay or failure by you, or anyone acting (2) You do not own and is not being used on your behalf, to fulfill the terms of a to carry any person or property for a contract or agreement. charge. This exclusion does not apply to the loss of 9. Electronic Data use of other property arising out of sudden and accidental physical injury to "your Damages claimed for the loss of, loss of use product" or "your work" after it has been put to of, damage to, corruption of, inability to its intended use. access, or inability to manipulate "electronic data". 12. Recall Of Products, Work Or Impaired 10. Damage To Property, Products Or Work Property Damages claimed for any loss, cost or "Property damage"to: expense incurred by you or others for the loss a. Property you own, rent or occupy, of use, withdrawal, recall, inspection, repair, including any costs or expenses incurred replacement, adjustment, removal or disposal by you, or any other person or of. organization, for repair, replacement, a. "Your product"; enhancement, restoration or maintenance b. "Your work", or of such property for any reason, including prevention of injury to a person or c. "Impaired property'; damage to another's property; if such product, work or property is withdrawn b. Premises you sell, give away or abandon or recalled from the market or from use by if the "property damage" arises out of any any person or organization because of a part of those premises; known or suspected defect, deficiency, inadequacy or dangerous condition in it. m= c. Property loaned to you; 13. Violation Of Consumer Financial d. Personal property in the care, custody or Protection Laws control of the insured; "Bodily injury", "property damage", "personal e. That particular part of real property on injury' or "advertising injury" arising out of any which you or any contractors or actual or alleged violation of a "consumer subcontractors working directly or financial protection law", or any other "bodily indirectly on your behalf are performing injury', "property damage", "personal injury' or operations if the "property damage" "advertising injury" alleged in any claim or arises out of those operations; "suit"that also alleges any such violation. f. That particular part of any property that 14. Unsolicited Communication must be restored, repaired or replaced "Bodily injury", "property damage". "personal -= because "your work" was incorrectly injury" or "advertising injury' arising out of any performed on it; actual or alleged violation of any law that °—_ g. "Your product" arising out of "your restricts or prohibits the sending, transmitting product" or any part of it; or or distributing of"unsolicited communication". h. "Your work" arising out of "your work" or 15. Access Or Disclosure Of Confidential Or W= any part of it and included in the Personal Information • "products-completed operations hazard". "Bodily injury', "property damage", "personal injury' or "advertising injury' arising out of any access to or disclosure of any person's or organization's confidential or personal information. Page 10 of 22 0 2016 The Travelers Indemnity Company.All rights reserved. EU 00 0107 16 Policy Number: CUP3J60840A UMBRELLA 16. Knowing Violation Of Rights Of Another c. Trade dress: "Personal injury" or "advertising injury" caused d. Trade name; by or at the direction of the insured with the e. Trademark: knowledge that the act would violate the rights of another and would Inflict "personal injury' f. Trade secret; or or "advertising injury'. g. Other intellectual property rights or laws. 17. Material Published With Knowledge Of This exclusion does not apply to: Falsity a. "Advertising injury" arising out of any "Personal injury" or "advertising injury" arising actual or alleged infringement or violation out of oral or written publication, including of another's copyright, "title" or "slogan" in publication by electronic means. of material, If your "advertisement or done by or at the direction of the insured with knowledge of its falsity. b. Any other "personal injury' or "advertising injury" alleged in any claim or "suit" that 18. Material Published Or Used Prior To Policy also alleges any such infringement or Period violation of another's copyright, "title" or a. "Personal Injury" or "advertising injury" "slogan" in your "advertisement". arising out of oral or written publication. 24, Insureds In Media And Internet Type including publication by e ectronic means, Business of material whose first publication took "Personal injur place before the beginning of the policy y' or "advertising injury' arising period: or out of an offense committed by an insured b. "Advertising injury" arising out of whose business is: infringement of copyright. "title" or a. Advertising, "broadcasting" or publishing; "slogan" in your "advert sement" whose b. Designing or determining content of web- first infringement in your "advertisement" sites for others; or was committed before tFe beginning of c. An Internet search, access, content or the policy period. service provider. 19. Criminal Acts This exclusion does not apply to Paragraphs "Personal injury" or "advertising injury" arising a.0), (2) and (3) of the definition of "personal out of a criminal act committed by or at the injury'. direction of the insured. 20. Breach Of Contract For the purposes of this exclusion: a. Creating and producing correspondence "Personal injury' or "advertising injury' arising written in the conduct of your business, out of a breach of contract. bulletins, financial or annual reports, or 21. Quality Or Performance Of Goods — Failure newsletters about your goods, products or To Conform To Statements services will not be considered the "Advertising injury" arising out of the failure of business of publishing: and goods, products or services to conform with b. The placing of frames, borders or links, or any statement of quality or performance made advertising, for you or others anywhere on in your "advertisement". the Internet will not, by itself, be considered the business of advertising, 22. Wrong Description Of Prices "broadcasting" or publishing. "Advertising injury" arising ou: of the wrong 25. Electronic Chatrooms Or Bulletin Boards description of the price of goods, products or services stated in your"advertisement". "Personal injury" or "advertising injury" arising 23. Intellectual Property out of an electronic chatroom or bulletin board the insured hosts, owns or over which the "Personal injury" or "advertising injury" arising insured exercises control. out of any actual or alleged infringement or 26. Unauthorized Use Of Another's Name Or violation of any of the following rights or laws. Product or any other "personal injury" or "advertising "Personal Injury' or "advertising injury" arising injury" alleged in any claim or "suit" that also alleges any such infringement or violation: out of the unauthorized use of another's name or product in your e-mail address, domain a. Copyright; name or metatag, or any other similar tactics b. Patent: to mislead another's potential customers. EU 00 01 07 16 O 2016 The Travelers indemnity Company.All rights reserved Page 11 of 22 Policy Number: CUP3J60840A UMBRELLA C. With respect to Coverage C: 4. Notice of cancellation will state the effective Newly Acquired, Controlled Or Formed date of cancellation. The policy period will end Entities on that date. 5. If this insurance is cancelled, we will send "Crisis management service expenses" arising out such first Named Insured any premium refund of a "crisis management event" -hat involves any due. If we cancel, the refund will be pro rata. If organization you newly acquire or form and that such first Named Insured cancels, the refund occurred prior to the date you acquired or formed may be less than pro rata. The cancellation that organization. even if an "executive officer" will be effective even if we have not made or only first becomes aware of an "event" or offered a refund. "occurrence" that leads to such "crisis management event" after the date you acquired or 6. If notice is mailed, proof of mailing will be formed such organization. sufficient proof of notice. SECTION V - CONDITIONS D. CHANGES A. APPEALS This policy contains all the agreements between you and us concerning the insurance afforded. No 1. If the insured or the insured's "underlying change can be made in the terms of this insurer" elects not to appeal a judgment which insurance except with our consent. The terms of exceeds the "applicable underlying limit" or this insurance can be amended or waived only by "self-insured retention", we may do so. endorsement issued by us and made a part of this 2. If we appeal such a judgment, we will pay all policy. costs of the appeal. These payments will not E. CURRENCY reduce the applicable limits of insurance. In Payments for damages or expenses described in no event will our liability exceed the applicable Paragraph 5. of Paragraph D., DEFENSE AND limit of insurance. SUPPLEMENTARY PAYMENTS, of SECTION I B. BANKRUPTCY - COVERAGES will be in the currency of the United States of America. At our sole option, we 1. Bankruptcy or insolvency of the insured or of may make these payments in a different currency. the insured's estate will not relieve us of our Any necessary currency conversion for such obligations under this insurance. payments will be calculated based on the rate of 2. In the event of bankruptcy or insolvency of exchange published in the Wall Street Journal any "underlying insurer", this insurance will immediately preceeding the date the payment is not replace such bankrupt or insolvent processed. "underlying insurer's" policy, and this F. DUTIES REGARDING AN EVENT, insurance will apply as if such "underlying OCCURRENCE, CLAIM OR SUIT insurer" had not become bankrupt or -= Insolvent. 1. You must see to it that we are notified as soon as practicable of an "event" or C. CANCELLATION "occurrence" which may result in a claim 1. The first Named Insured shown in the under this insurance. To the extent possible, —_ Declarations may cancel this insurance by notice should include.- mailing or delivering to us advance written a. How, when and where the "event" or notice of cancellation. "occurrence" took place: 2. We may cancel this insurance by mailing or b. The names and addresses of any delivering to such first Named Insured written persons or organizations sustaining injury, notice of cancellation at least: damage or loss, and the names and a. 10 days before the effective date of addresses of any witnesses; and cancellation if we cancel for nonpayment c• The nature and location of any injury or of premium; or damage arising out of the "event" or "occurrence". b. 60 days before the effective date of —_ cancellation if we cancel for any other 2. If a claim is made or "suit" is brought against reason. any insured which may result in a claim under this insurance, you must see to it that we 3. We will mail or deliver our notice to such first receive written notice of the claim or "suit" as Named Insured's last mailing address known soon as practicable. to us. Page 12 of 22 2016 The Travelers Indemnity Company.All rights reserved. EU 00 01 07 16 Policy Number: CUP3J60840A UMBRELLA 3. With respect to Coverage A. the insured G. DUTIES REGARDING A CRISIS MANAGEMENT must: EVENT a. Cooperate with us in the Investigation. You must: settlement or defense of any claim or "suit": 1. Notify us within 30 days of a "crisis management event" that may result in "crisis b. Comply with the terms of the "underlying management service expenses". insurance"; and c. Pursue all rights of contribution or 2. Provide written notice of the "crisis indemnity against any person or management event" as soon as practicable. organization who may be liable to the To the extent possible, notice should include: insured because of the injury, damage or a. How. when and where that "crisis loss for which insurance is provided under management event" took place: this policy or any policy of "underlying insurance". b. The names and addresses of any persons or organizations sustaining injury, 4. With respect to Coverage B. the insured damage or loss, and the named and must: addresses of any witnesses; a. Immediately send us copies of any c. The nature and location of any injury or demands. notices, summonses or legal damage arising out of that "crisis papers received in connection with the management event and claim or "suit": d. The reason that "crisis management b. Authorize us to obtain necessary records event" is likely to involve damages and other information; covered by this insurance in excess of the c. Cooperate with us in the investigation, "applicable underlying limit" or "self- settlement or defense of any claim or insured retention" and Involve regional or "suit"; and national media coverage. d. Assist us, upon our request, in the H. EXAMINATION OF YOUR BOOKS AND enforcement of any right against any RECORDS person or organization which may be We may examine and audit your books and liable to the insured because of injury or records as they relate to this insurance: damage to which Coverage B may apply. 1. At any time during the policy period: S. No insured will, except at that insured's own 2. pe to three years after the end of the policy expense, voluntarily make a payment, assume any obligation, make any admission period; and or incur any expense, other than for first aid 3. Within one year after final settlement of all for "bodily injury" covered by this insurance, claims under this Insurance. without our consent. I. EXTENDED REPORTING PERIOD OPTION 6. Knowledge of an "event", "occurrence", claim 1. When the "underlying insurance" applies on a or "suit" by your agent, servant or "employee" claims-made basis, any automatic or basic will not constitute knowledge by you. unless "extended reporting period" in such your insurance or risk manager, or anyone "underlying insurance" will apply to this working in the capacity as your insurance or risk manager, or anyone you designate with Insurance. the responsibility of reporting an "event", 2. When the "underlying insurance" applies on a "occurrence", claim or "suit": claims made basis and you elect to purchase a. Has received notice of such "event", an optional or supplemental "extended "occurrence claim or "suit" from such reporting period" in such "underlying agent, servant or "employee": or Insurance," that "extended reporting period" will apply to this insurance only if.- b. Otherwise has knowledge of such "event". a. A written request to purchase an "occurrence claim or "suit'. Extended Reporting Period endorsement for this Insurance is made by you and received by us within 90 days after the end of the policy period: EU 00 01 07 16 ^2016 The Travelers Indemnity Company All rights reserved Page 13 of 22 Policy Number: CUP3J60840A UMBRELLA b. You have paid all premiums due for this b. To sue us on this insurance unless all of policy at the time you make such request: its terms have been fully complied with. c. You promptly pay the additional premium 2. A person or organization may sue us to we charge for the Extended Reporting recover on an agreed settlement or on a final Period endorsement for this insurance judgment against an Insured. We will not be when due. We will determine that liable for damages that: additional premium after we have a. Are not payable under the terms of this received your request for the Extended Reporting Period endorsement for this insurance: or insurance. That additional premium is not b. Are in excess of the applicable limit of subject to any fimitaticn stated in the insurance. "underlying insurance" on the amount or An agreed settlement means a settlement percentage of additional premium that and release of liability signed by us. the may be charged for the "extended insured and the claimant or the claimant's reporting period" in such "underlying legal representative. insurance": and d. That Extended Reporting Period L. MAINTENANCE OF UNDERLYING INSURANCE endorsement is issued by us and made a 1. The insurance afforded by each policy of part of this policy. "underlying insurance" will be maintained for 3. Any Extended Reporting Period endorsement the full policy period of this Excess Follow- Form And Umbrella Liability Insurance. This for this insurance will not re nstate or increase provision does not apply to the reduction or the Limits of Insurance or extend the policy exhaustion of the aggregate limit or limits of period. such "underlying insurance" solely by 4. Except with respect to any provisions to the payments as permitted in Paragraphs 4.a.(1). contrary contained in Paragraphs 1., 2. or 3. (2) and (3) of COVERAGE A — EXCESS above, all provisions of any option to FOLLOW-FORM LIABILITY of SECTION 1 — purchase an "extended reporting period" COVERAGES. As such policies expire, you granted to you in the "underlying insurance" will renew them at limits and with coverage at apply to this insurance. least equal to the expiring limits of insurance. J. INSPECTIONS AND SURVEYS If you fail to comply with the above requirements, Coverage A is not invalidated. 1. We have the right but are not obligated to: However, in the event of a loss, we will pay a. Make inspections and surveys at any only to the extent that we would have paid had time: you complied with the above requirements. b. Give you reports on the conditions we 2. The first Named Insured shown in the find: and Declarations must give us written notice of c. Recommend changes. any change in the "underlying insurance" as respects: 2. Any inspections, surveys, reports or a. Coverage: recommendations relate o-ily to insurability and the premiums to be charged. We do not b. Limits of insurance: make safety inspections. We do not c. Termination of any coverage: or undertake to perform the duty of any person or organization to provide for the health or d. Exhaustion of aggregate limits. safety of workers or the public. We do not 3. If you are unable to recover from any warrant that conditions: "underlying insurer" because you fail to a. Are safe or healthful: or comply with any term or condition of the "underlying insurance", Coverage A is not b. Comply with laws. regulations, codes or invalidated. However, we will pay for any In-,,;standards. only to the extent that we would have paid had K. LEGAL ACTION AGAINST US you complied with that term or condition in 1. No person or organization has a right under that "underlying insurance". this insurance: M. OTHER INSURANCE a. To join us as a party or otherwise bring us This insurance Is excess over any valid and into a "suit" asking for damages from an collectible "other insurance" whether such "other insured: or insurance" is stated to be primary, contributing, Page 14 of 22 C 20.6 The Travelers Indemnity Company All rights reserved EU 00 01 07 16 Policy Number: CUP3J60840A UMBRELLA excess. contingent or otherwise. This provision P. PROHIBITED COVERAGE — UNLICENSED does not apply to a policy bought specifically to INSURANCE apply as excess of this insurance. 1. With respect to loss sustained by any insured However, if you specifically agree in a written in a country or Jurisdiction in which we are not contract or agreement that the insurance provided licensed to provide this insurance. this to any person or organization *hat qualifies as an insurance does not apply to the extent that insured under this insurance must apply on a insuring such loss would violate the laws or primary basis, or a primary and non-contributory ieyuldtions of Such country or jurisdiction. basis, then insurance provided under Coverage A 2. We do not assume responsibility for. is subject to the following provisions: 1. This insurance will apply before any "other a. The payment of any fine, fee, penalty or other charge that may be imposed on any insurance" that is available to such additional person or organization in any country or insured which covers that person or jurisdiction because we are not licensed organization as a named insured, and we will to provide insurance in such country or not share with that "other insurance", provided jurisdiction: or that the injury or damage for which coverage is sought is caused by an "event" that takes b. The furnishing of certificates or other place or is committed subsequent to the evidence of insurance in any country or signing of that contract or agreement by you. jurisdiction in which we are not licensed to 2. This insurance is still excess over any valid provide insurance. and collectible "other insurance", whether Q. PROHIBITED COVERAGE — TRADE OR primary, excess, contingent or otherwise. ECONOMIC SANCTIONS which covers that person or organization as We will provide coverage for any loss. or an additional insured or as any other insured otherwise will provide any benefit. only to the that does not qualify as a named insured. extent that providing such coverage or benefit N. PREMIUM does not expose us or any of our affiliated or parent companies to: 1. The first Named Insured shown in the 1. Any trade or economic sanction under any law Declarations is responsible for the payment of or regulation of the United States of America.- all premiums and will be the payee for any or return premiums. 2. If the premium is a flat charge, it is not subject 2. Any other applicable trade or economic to adjustment except as provided in sanction, prohibition or restriction. Paragraph 4. below. R. REPRESENTATIONS 3. If the premium is other than a flat charge, it is By accepting this Insurance, you agree: an advance premium only. The earned 1. The statements in the Declarations and any premium will be computed at the end of the subsequent notice relating to "underlying policy period. or at the end of each year of the insurance" are accurate and complete. policy period if the policy period is two years 2. Those statements are based upon or longer, at the rate shown in the representations you made to us: and Declarations. subject to the Minimum Premium. 3. We have issued this insurance in reliance upon 4. Additional premium may become payable your representations. when coverage is provided for additional S. SEPARATION OF INSUREDS insureds under the provisions of SECTION II Except with respect to the Limits of Insurance, —WHO IS AN INSURED. and any rights ::..ties specifically assigned in O. PREMIUM AUDIT this policy to the first Named Insured shown in the Declarations, this insurance applies: The premium for this policy is the amount stated 1. As if each Named Insured were the only in Item S. of the Declarations. The premium is a Named Insured: and flat charge unless it is specified in the Declarations as adjustable. 2. Separately to each insured against whom claim is made or"suit" is brought. EU 00 01 07 16 0 2016 The Travelers Indemndy Company All rights reserved Page 15 of 22 Policy Number: CUP3J60840A UMBRELLA T. WAIVER OR TRANSFER OF RIGHTS OF provision does not affect our right to collect RECOVERY AGAINST OTHERS TO US additional premium or to exercise our rights of 1. If the insured has rights to recover all or part cancellation or nonrenewal in accordance with of any payment we have made under this applicable Insurance laws or regulations. insurance, those rights are transferred to us W. WHEN LOSS IS PAYABLE and the Insured must do nothing after loss to If we are liable under this Insurance, we will pay impair them. At our request. the insured will for injury, damage or loss after: bring suit or transfer those rights to us and help us, and with respect to Coverage A, the 1. The insured's liability is established by: "underlying insurer", enforce them. a. A court decision; or If the Insured has agreed in a contract or b. A written agreement between the agreement to waive that insured's right of recovery against any person or organization, claimant, the Insured, any "underlying we waive our right of recovery against that Insurer" and us; and person or organization, but only for payments 2. The amount of the "applicable underlying we make because of an "event" that takes limit" or "self-insured retention" is paid by or place or is committed subsequent to the on behalf of the insured. execution of that contract or agreement by SECTION VI — DEFINITIONS such insured. 2. Reimbursement of any amount recovered will A. With respect to all coverages of this insurance: be made in the following order: 1. "Applicable underlying limit" means the sum of: a. First, to any person or organization a. The applicable limit of insurance stated (including us or the insured) who has paid for the policies of "underlying insurance" any amount in excess of the applicable in the Schedule Of Underlying Insurance limit of insurance; subject to the provisions in Paragraphs b. Next, to us: and 4.a.(1). (2) and (3) of COVERAGE A — c. Then, to any person or organization EXCESS FOLLOW-FORM LIABILITY of (including the insured and with respect to SECTION I — COVERAGES; and Coverage A, the "underlying insurer") that b. The applicable limit of insurance of any is entitled to claim the remainder, if any. "other insurance" that applies. 3. Expenses incurred in the process of recovery The limits of insurance in any policy of will be divided among all persons or "underlying insurance" will apply even if organizations receiving amounts recovered according to the ratio of their respective a. The "underlying Insurer" claims the recoveries. insured failed to comply with any term or _ U. TRANSFER OF YOUR RIGHTS AND DUTIES condition of the policy; or UNDER THIS INSURANCE b. The "underlying insurer" becomes 1. Your rights and duties under this insurance bankrupt or insolvent. T� may not be transferred without our written 2. "Auto hazard" means all "bodily injury' and consent except in the case of death of an "property damage" to which liability insurance individual Named Insured. afforded under an auto policy of "underlying ^—_ 2. If you die, your rights and duties will be insurance" would apply but for the exhaustion transferred to your legal representative but of its applicable limits of insurance. only while acting within the scope of duties as 3. "Electronic data" means information, facts or your legal representative. Until your legal programs stored as or on, created or used on, representative is appointed, anyone having or transmitted to or from computer software proper temporary custody of your property will (including systems and applications software). have your rights and duties but only with hard or floppy disks. CD-ROMs. tapps. drives, respect to that property. cells, data processing devices or any other V. UNINTENTIONAL OMISSION OR ERROR media which are used with electronically _ The unintentional omission of, or unintentional controlled equipment. error in, any information provided by you which we 4. "Event" means an "occurrence". offense, relied upon in issuing this policy will not prejudice accident, act, error, omission, wrongful act or your rights under this insurance. However, this loss. Page 16 of 22 D 2016 The Travelers Indemnity Company.All rights reserved EU 00 01 07 16 Policy Number: CUP3J60840A UMBRELLA S. "Extended reporting period" means any period Work that may need service, of time, starting with the end of the policy maintenance, correction, repair or period of your claims-made insurance, during replacement, but which is otherwise which claims or "suits" may be first made, complete, will be treated as brought or reported for that insurance. completed. 6. "Medical expenses" means expenses to b. Does not include "bodily injury" or which any Medical Payments section of any .'property damage" arising out of: policy of Commercial General Liability "underlying insurance" applies. (1) The transportation of property, unless the injury or damage arises out of a 7. "Other insurance" means insurance. or the condition in or on a vehicle not owned funding of losses, that is provided by, through or operated by you, and that condition or on behalf of: was created by the "loading or a. Another insurance company; unloading" of that vehicle by any b. Us or any of our affiliated insurance insured: companies: (2) The existence of tools, uninstalled equipment or abandoned or unused c. Any risk retention group; materials; or d. Any self-insurance method or program, in which case the insured will be deemed to (3} Products or operations for which the be the provider of such insurance; or classification fisted in a policy of Commercial General Liability e. Any similar risk transfer or risk "underlying insurance" states that management method. products-completed operations are "Other insurance" does not include: subject to the General Aggregate Limit. a. Any"underlying insurance": or b. Any policy of insurance specifically 9. "Suit" means a civil proceeding which alleges damages. "Suit" includes: purchased to be excess cf the limits of insurance of this policy shown in the a. An arbitration proceeding in which Declarations. damages are claimed and to which the 8. "Products-completed operations hazard": insured must submit or does submit with our consent; or a. Includes all "bodily injury' and "property damage" occurring away from premises b. Any other alternative dispute resolution you own or rent and arising out of "your proceeding to which the insured submits product" or "your work" except: with our consent. (1) Products that are still in your physical 10. "Underlying insurance": possession; or a. Means the policy or policies of insurance (2) Work that has not yet been listed in the Schedule Of Underlying completed or abandored. However, Insurance. .your work" will be deemed completed b. Includes any renewal or replacement of at the earliest of the following times: such policies if such renewal or (a) When all the work called for in replacement is during the policy period of Your contract has been this Excess Follow-Form And Umbrella completed; Liability Insurance. (b) When all the work to be done at c. Does not include any part of the policy the job site has been completed if period of any of the policies described in your contract calls for work at Paragraphs a. or b. above that began more than one lob site, or before, or that continues after, the policy (c) When that part of the work done period of this Excess Follow-Form Arid at a lob site has been put to its Umbrella Liability Insurance. intended use by any person or 11. "Underlying insurer" means any insurer which organization other than another provides a policy of insurance listed in the contractor or subcontractor Schedule Of Underlying Insurance. working on the same project. EU 00 01 07 16 0 2016 The Travelers Indemnity Company All rights reserved Page 17 of 22 Policy Number: CUP3J60840A UMBRELLA B. With respect to Coverage B and. to the extent that including any attached machinery or the following terms are not defined in the equipment: or "underlying insurance", to Coverage A: b. Any other land vehicle that is subject to a 1. "Advertisement" means a notice that is compulsory or financial responsibility law broadcast or published to the general public or other motor vehicle insurance law or specific market segments about your where it is licensed or principally garaged. goods, products or services for the purpose of However. "auto" does not Include "mobile attracting customers or supporters. For the equipment". purposes of this definition: 4. "Bodily injury" means: a. Notices that are published include material placed on the Internet or on a. Physical harm, Including sickness or similar electronic means of disease, sustained by a person: or communication: and b. Mental anguish, injury or illness, or b. Regarding web sites. only that part of a emotional distress, resulting at any time web site that is about your goods, from such physical harm, sickness or products or services for the purposes of disease. attracting customers or supporters is S. "Broadcasting" means transmitting any audio considered an advertisement. or visual material for any purpose: 2. "Advertising injury' a. By radio or television: or a. Means injury, other than "personal injury b. In, by or with any other electronic means caused by one or more of the following of communication, such as the Internet, if offenses: that material is part of: (1) Oral or written publication, Including (1) Radio or television programming publication by electronic means, of being transmitted.- material in your "advertisement" that slanders or libels a person or (2) Other entertainment, educational, organization or disparages a person's instructional, music or news or organization's goods, products or programming being transmitted; or services, provided that the claim is (3) Advertising transmitted with any such made or the "suit" is brought by a programming. person or organization that claims to have been slandered or libeled, or 6. "Consumer financial identity information" _—_ that claims to have had its goods, means any of the following information for a products or services disparaged: person that is used or collected for the (2) Oral or written ubl cation, including purpose of serving as a factor in establishing -- p g such persons eligibility for personal credit. publication by electronic means, of insurance or employment or for the purpose material in your "advertisement"that: of conducting a business transaction: o= (a) Appropriates a person's name, a. Part or all of the account number, the voice. photograph or likeness: or expiration date or the balance of any (b) Unreasonably places a person in credit, debit. bank or other financial a false light; or account: (3) Infringement of copyright, "title" or b. Information bearing on a person's credit "slogan" in your "advertisement", worthiness, credit standing or credit provided that the claim is made or the capacity; "suit" is brought by a person or c. Social security number; organization that claims ownership of such copyright. "title"or "slogan". d. Driver's license number; or b. Includes "bodily injury" caused by one or e. Birth date. more of the offenses described in 7. "Consumer financial protection law" means: Paragraph a. above. a. The Fair Credit Reporting Act (FCRA) and 3. "Auto" means: any of its amendments, including the Fair a. A land motor vehicle, trailer or semitrailer and Accurate Credit Transactions Act designed for travel on public roads, (FACTA): Page 18 of 22 t'20"6 The Travelers indemnity Company All rights reserved. EU 00 01 07 16 Policy Number: CUP3J60840A UMBRELLA b. California's Song-Beverly Credit Card Act b. Vehicles maintained for use solely on or and any of Its amendments, or next to premises you own or rent. c. Any other law or regulation that restricts c. Vehicles that travel on crawler treads. or prohibits the collection. dissemination, d. Vehicles. whether self-propelled or not, transmission. distribution or use of maintained primarily to provide mobility to "consumer financial Identity information" permanently mounted: 8. "Employee" Includes a "leased worker". (1) Power Lldnes, shovels, loaders. "Employee" does not include a "temporary diggers or drills: or worker". 9. "Good Samaritan services" means any (2) Road construction or resurfacing emergency medical services for which no equipment such as graders, scrapers compensation is demanded or received. or rollers. 10. "Impaired property" means tangible property. e. Vehicles not described in Paragraph a., b.. other than "your product" or "your work", that c. or d. above that are not self propelled cannot be used or is less useful because: and are maintained primarily to provide mobility to permanently attached a. It Incorporates "your product" or "your equipment of the following types.- work" that is known or thought to be defective, deficient. Inadequate or (1) Air compressors, pumps and dangerous; or generators, Including spraying. welding, building cleaning, geophysical b. You have failed to fulfill the terms of a exploration, lighting and well servicing contract or agreement: equipment; or if such property can be restored to use by the (2) Cherry pickers and similar devices repair, replacement. adjustment or removal of used to raise or lower workers. "your product" or "your work" or your fulfilling the terms of the contract or agreement. f. Vehicles not described in Paragraph a., b., 11. "Leased worker" means a person leased to c. or d. above maintained primarily for you by a labor leasing firm under an purposes other than the transportation of persons or cargo. agreement between you and *he labor leasing firm, to perform duties related to the conduct However, self-propelled vehicles with the of your business. "Leased worker" does not following types of permanently attached include a "temporary worker". equipment are not "mobile equipment" but will be considered "autos 12. "Loading or unloading" means the handling of property: (1) Equipment designed primarily for: a. After it is moved from the place where it is (a) Snow removal; accepted for movement into or onto an (b) Road maintenance, but not aircraft, watercraft or "auto construction or resurfacing; or b. While it is in or on an a rcraft, watercraft (c) Street cleaning; or "auto": or (2) Cherry pickers and similar devices c. While it is being moved from an aircraft, mounted on automobile or truck watercraft or "auto" to the place where it chassis and used to raise or lower is finally delivered; workers: and but "loading or unloading" dies not include (3) Air compressors, pumps and the movement of property by means of a generators, including spraying, mechanical device, other than a hand truck, welding, building cleaning, geophysical that is not attached to the aircraft. watercraft exploration, lighting and well servicing or "auto". equipment. 13. "Mobile equipment" means any of the following However, "mobile equipment" does not include types of land vehicles, including any attached any land vehicle that is subject to a compulsory machinery or equipment: or financial responsibility law, or other motor a. Bulldozers, farm machinery, forklifts and vehicle insurance law, where it is licensed or other vehicles designed for use principally principally garaged. Such land vehicles areconsidered "autos". Off public roads. EU 00 01 07 16 C 2016 The Travelers Indemnity Company All rights reserved Page 19 of 22 Policy Number: CUP3J60840A UMBRELLA 14. "Occurrence" means: (3) The wrongful eviction from, wrongful a. With respect to "bodily injury" or "property entry Into, or Invasion of the right of damage": private occupancy of a room, dwelling or premises that a person occupies. (1) An accident, Including continuous or provided that the wrongful eviction, repeated exposure to substantially the wrongful entry or Invasion of the right same general harmful conditions. of private occupancy is committed by which results in "bodily injury" or or on behalf of the owner, landlord or "property damage". All "bodily Injury" lessor of that room, dwelling or or "property damage" caused by such premises; exposure to substantially the same general harmful conditions will be (4) Oral or written publication, Including deemed to be caused by one publication by electronic means, of "occurrence": or material that slanders or libels a ( person or organization or disparages 2) An act or omission committed In a person's or organization's goods, providing or failing to provide first aid products or services, provided that or "Good Samaritan services" to a the claim is made or the "suit" is person by any of your "employees" or brought by a person or organization "volunteer workers" other than an that claims to have been slandered or employed or volunteer doctor, unless libeled, or that claims to have had its you are in the business or occupation goods, products or services of providing professional health care disparaged: or services. b. With respect to "perscnal injury', an (5) Oral or written publication, including offense arising out of your business that publication by electronic means, of material that: results in "personal injury'. All "personal injury" caused by the same or related (a) Appropriates a person's name, injurious material, act or offense will be voice, photograph or likeness; or deemed to be caused by one (b) Unreasonably places a person in "occurrence", regardless of the frequency a false light. or repetition thereof, the number and kind of media used or the number of persons b. Includes "bodily injury' caused by one or _ or organizations making claims or more of the offenses described in bringing "suits": and Paragraph a. above. c. With respect to "advert sing injury", an 17. "Pollutants" mean any solid. liquid, gaseous or offense committed in the course of thermal irritant or contaminant, including advertising your goods, products and smoke, vapor, soot, fumes, acids, alkalis, services that results in "advertising injury". chemicals and waste. Waste includes All "advertising Injury" caused by the materials to be recycled, reconditioned or same or related injurious material, act or reclaimed. „= offense will be deemed to be caused by 18. "Property damage" means. one "occurrence regardless of the frequency or repetition thereof. the a. Physical injury to tangible property. number and kind of media used or the including all resulting loss of use of that number of persons cr organizations property. All such loss of use will be making claims or bringing "suits". deemed to occur at the time of the 15. "Officer" means a person holding any of the physical injury that caused it: or officer positions created by your charter, b. Loss of use of tangible property that is not constitution, bylaws or any other similar physically injured. All such loss of use will governing document. be deemed to occur at the time of the 16. "Personal injury' "occurrence" that caused it. a. Means Injury, other than "advertising For the purposes of this insurance, "electronic data" is not tangible property. injury", caused by one or more of the following offenses: 19. "Self-insured retention" is the greater of: (1) False arrest, detention or a. The amount shown in the Declarations imprisonment: which the insured must first pay under (2) Malicious prosecution: Coverage B for damages because of all Page 20 of 22 sD 2016 The Travelers Indemnity Company All rights reserved EU 00 01 07 16 Policy Number: CUP3J60840A UMBRELLA "bodily in)ury', "property damage", b. Includes: "personal injury" or "advertising injury" (1) Warranties or representations made arising out of any one "occurrence": or at any time with respect to the fitness, b. The applicable limit of i-isurance of any quality, durability, performance or use "other insurance" that applies. of"your product": and 20. "Slogan" (2) The providing of or failure to provide a. Means a phrase that others use for the warnings or instructions purpose of attracting aetention in their c• Does not Include vending machines or advertising. other property rented to or located for the use of others but not sold. b. Does not Include a phrase used as, or in. 26. "Your work": the name of: (1) Any person or organization other than a. Means: you: or (1) Work or operations performed by you (2) Any business, or any of the premises, or on your behalf; and goods, products. services or work, of (2) Materials. parts or equipment any person or organization other than furnished in connection with such you. work or operations. 21. "Temporary worker" means a person who is b. Includes: furnished to you to substitute for a permanent (1) Warranties or representations made "employee" on leave or to meet seasonal or at any time with respect to the fitness, short-term workload conditions. quality. durability, performance or use 22. "Title" means the name of a 'iterary or artistic of"your work": and work. (2) The providing of or failure to provide 23. "Unsolicited communication" means any warnings or instructions. communication, in any form, that the recipient C. With respect to Coverage C: of such communication did not specifically 1. "Crisis management advisor" means any request to receive. public relations firm or crisis management 24. "Volunteer worker" means a person who is firm approved by us that is hired by you to not your "employee", and who donates his or perform "crisis management services" in her work and acts at the direction of and connection with a "crisis management event". within the scope of duties determined by you, 2. "Crisis management event" means an "event" and is not paid a fee, salary or other or "occurrence" that your "executive officer" compensation by you or anyone else for their reasonably determines has resulted, or may work performed by you. result, in: 25. "Your product": a. Damages covered by this Coverage A or a. Means. Coverage B that are in excess of the total applicable limits of the "underlying (1) Any goods or products, other than insurance" or"self-insured retention". and real property, manufactured, sold, b. Significant adverse regional or national handled, distributed or disposed of by: media coverage (a) You: 3. "Crisis management service expenses" (b) Others trading under your name: means amounts incurred by you, after a or "crisis management event" first commences and before such event ends. (c) A person or organization whose business or assets you have a. For the reasonable and necessary' acquired: and (1) Fees and expenses of a "crisis (2) Containers (other than vehicles), management advisor" in the materials, parts or equipment performance for you of "crisis furnished in connection with such management services" solely for a goods or products. "crisis management event"; and EU 00 01 07 16 C)2016 The Travelers Indemnity Company All rights reserved Page 21 of 22 Policy Number: CUP3J60840A UMBRELLA (2) Costs for printing, advertising, mailing 4. "Crisis management services" means those of materials or travel by your services performed by a "crisis management directors, officers, employees or advisor" in advising you or minimizing agents or a "crisis management potential harm to you from a "crisis advisor" solely for a "crisis management event" by maintaining or management event". and restoring public confidence in you. b. For the following expenses resulting from 5. "Executive officer" means your. such "crisis management event", provided a. Chief Executive Officer; that such expenses have been approved b. Chief Operating Officer: by us (1) Medical expenses; c. Chief Financial Officer. (Z) Funeral expenses; d. President, (3) Psychological counseling: e. General Counsel; (4) Travel expenses; f. General partner(if you are a partnership); or g. Sole proprietor (if you are a sole (5) Temporary living expenses; proprietorship); (6) Expenses to secure the scene of a or an "crisis management event"; or y person acting in the same capacity as any individual listed above. (7) Any other expenses pre-approved by us. o= 0 o= a- o= Page 22 of 22 C 2016 The Travelers Indemnity Company All rights reserved EU 00 01 07 16 Policy Number 6304E606088 COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage.Read (1) The "bodily injury' or "property damage" is the entire policy carefully to determine rights, duties and caused by an "occurrence' that takes place what is and is not covered. in the"coverage territory"; Throughout this policy the words "you" and "your" refer (2) The "bodily injury' or "property damage" to the Named Insured shown in the Declarations, and occurs during the policy period; and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and (3) Prior to the policy period, no insured listed "our" refer to the company providing this insurance. under Paragraph 1. of Section II - Who Is An Insured and no "employee" authorized The word "insured" means any person or organization by you to give or receive notice of an qualifying as such under Section II - Who Is An "occurrence" or claim knew that the "bodily Insured. injury' or "property damage" had occurred, in whole or in part If such a listed insured Other words and phrases that appear in quotation or authorized"employee" knew, prior to the marks have special meaning. Refer to Section V - policy period, that the "bodily injury' or Definitions. "property damage" occurred, then any SECTION 1-COVERAGES continuation, change or resumption of such COVERAGE A- BODILY INJURY AND PROPERTY "bodily injury' or "property damage" during DAMAGE LIABILITY or after the policy period will be deemed to 1. Insuring Agreement have been known prior to the policy period. a. We will pay those sums that the insured c. "Bodily injury' or "property damage" which becomes legally obligated to pay as damages occurs during the policy period and was not. _ because of "bodily injury' or "property damage" prior to the policy period, known to have to which this insurance applies. We will have occurred by any insured listed under Paragraph 1. of Section II - Who Is An Insured or any the right and dutyto defend the insured against "employee" authorized by you to give or receive any "suit" seeking those damages. However, we will have no duty to defend the insured notice of an "occurrence' or clairr4 includes any against any "suit" seeking damages for "bodily continuation, change or resumption of that injury' or "property damage" to which this "bodily injury' or "property damage" after the o= insurance does not apply. We may, at our end of the policy period. discretion, investigate any "occurrence' and d. "Bodily injury' or "property damage" will be settle any claim or"suit" that may result. But: deemed to have been known to have occurred �— (1) The amount we will pay for damages is at the earliest time when any insured listed limited as described in Section III - Limits under Paragraph 1. of Section 11 - Who Is An Of Insurance; and Insured or any"employee" authorized by you to give or receive notice of an "occurrence' or (2) Our right and duty to defend end when we claim: have used up the applicable limit of insurance in the payment of judgments or (1) Reports all, or any part, of the "bodily injury' or "property damage" to us or any settlements under Coverages A or B or �= other insurer; medical expenses under Coverage C. No other obligation or liability to pay sums or (2) Receives a written or verbal demand or perform acts or services is covered unless claim for damages because of the "bodily explicitly provided for under Supplementary injury' or"property damage or Payments. (3) Becomes aware by any other means that b. This insurance applies to "bodily injury' and "bodily injury' or "property damage" has "property damage" only if: occurred or has begun to occur. CG T1 00 02 19 O 2017 The Travelers Indemnity Company.All rights reserved Page 1 of 21 Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY e. Damages because of "bodily Injury' Include (3) Any statute, ordinance or regulation relating damages claimed by any person or organization to the sale, gift, distribution or use of for care, loss of services or death resulting at alcoholic beverages. anytime from the"bodily injury'. This exclusion applies only if you are in the 2. Exclusions business of manufacturing, distributing, selling. This insurance does not apply to serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a a. Expected Or Intended Injury person to bring alcoholic beverages on your "Bodily Injury' or"property damage" expected or premises. for consumption on your premises, intended from the standpoint of the insured. whether or not a fee is charged or a license is This exclusion does not apply to "bodily injury' required for such activity, is not by itself or "property damage" resulting from the use of considered the business of selling. serving or reasonable force to protect persons or property. furnishing alcoholic beverages. b. Contractual Liability d. Workers' Compensation And Similar Laws "Bodily injury' or "property damage" for which Any obligation of the insured under a workers' the insured is obligated to pay damages by compensation, disability benefits or reason of the assumption of liability in a unemployment compensation law or any similar contract or agreement. This exclusion does not law. apply to liability for damages: e. Employer's Liability (1) That the insured would have in the absence 'Bodily injury' to. of the contract or agreement: or ( (1) An "employee" of the insured arising out of 2) Assumed in a contract or agreement that is and in the course of: an "insured contract", provided that the "bodily injury' or "property damage" occurs (a) Employment by the insured: or subsequent to the execution of the contract (b) Performing duties related to the or agreement. Solely for the purposes of conduct of the insured's business: or liability assumed in an "insured contract", (2) The spouse, child, parent. brother or sister reasonable attorneys' fees and necessary of that "employee" as a consequence of litigation expenses incurred by or for a party Paragraph (1) above. other than an insured will be deemed to be damages because of "bodily injury' or This exclusion applies whether the insured may "property damage", provided that: be liable as an employer or in any other capacity (a) Liability to such party for, or for the and to any obligation to share damages with or repay someone else who must pay damages cost of. that party's defense has also because of the injury. been assumed in the same "insured contract": and This exclusion does not apply to liability (b) Such attorneys' fees and litigation assumed by the insured under an "insured contract". expenses are for defense of that party against a civil or alternative dispute f. Pollution resolution proceeding in which (1) "Bodily injury' or "property damage" arising damages to which this insurance out of the actual alleged or threatened applies are alleged. discharge, dispersal, seepage, migration. c. Liquor Liability release or escape of"pollutants": "Bodily injury' or "property damage" for which (a) At or from any premises, site or any insured may be held liable by reason of: location which is or was at any time owned or occupied by, or rented or (1) Causing or contributing to the intoxication loaned to, any insured. However, this of any person: subparagraph does not apply to: (2) The furnishing of alcoholic beverages to a (i) "Bodily injury' if sustained within a person under the legal drinking age or building and caused by smoke, under the influence of alcohol: or fumes, vapor or soot produced by or originating from equipment that Page 2 of 21 C 2017 The Travelers Indemnity Company All rights reserved. CG T1 00 02 19 Inriuriac rnnvnnhtPd matnnai of IncuranrP SPrviroc nffirr Inc with itc nPrmm inn Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY is used to heat, cool or dehumidify to perform the normal electrical the building, or produced by or hydraulic or mechanical functions originating from equipment that is necessary for the operation of used to heat water for personal "mobile equipment" or its parts, if use by the building's occupants or such fuels, lubricants or other their guests; operating fluids escape from a (ii) "Bodily injury' or "property vehicle part designed to hold, store damage" for which you may be or receive them. This exception held liable, if you are a contractor does not apply if the "bodily injury' and the owner or lessee of such or "property damage" arises out of premises, site or location has been the intentional discharge, dispersal added to your policy as an or release of the fuels, lubricants additional insured with respect to or other operating fluids, or if such your ongoing operations performed fuels, lubricants or other operating for that additional Insured at that fluids are brought on or to the premises, site or location and such premises, site or location with the premises, site or location is not Intent that they be discharged, and never was owned or occupied dispersed or released as part of by, or rented or loaned to. any the operations being performed by insured, other than that additional such insured, contractor or insured; or subcontractor; (iii) "Bodily injury' or "property (ii) "Bodily injury' or "property damage" arising out of heat, damage" sustained within a smoke or fumes from a "hostile building and caused by the release fire": of gases, fumes or vapors from (b) At or from any premises, site or materials brought into that building location which is or was at any time in connection with operations being used by or for any Insured or others for performed by you or on your behalf the handling, storage, disposal, by a contractor or subcontractor; or processing or treatment of waste; m� (c) If such "pollutants" are or were at any (iii) "Bodily injury' or "property time transported, handled, stored, damage" arising out of heat, smoke or fumes from a "hostile treated, disposed of, or processed as o� waste by or for: fire": or (i) Any insured; or (e) At or from any premises, site or (ii) Any person or organization for location on which any insured or any ,.�-- whom you may be legally contractors or subcontractors working responsible; directly or indirectly on any insured's behalf are or were at any time (d) At or from any premises, site or performing operations to test for. location on which any insured or any monitor, clean up, remove, contain, contractors or subcontractors working treat, detoxify or neutralize, or in any directly or indirectly on any insured's way respond to, or assess the effects behalf are performing operations if the of, "pollutants". "pollutants" are brought on or to the premises, site or location in connection (2) Any loss, cost or expense arising out of with such operations by such insured, any contractor or subcontractor. However, - this subparagraph does not apply to: (a) Request, demand, order or statutory or regulatory requirement that any insured (i) "Bodily injury' or "property or others test for, monitor, clean up, damage" arising out of the escape remove, contain, treat, detoxfy or of fuels, lubricants or other neutralize, or in any way respond to, or operating fluids which are needed assess the effects of,"pollutants"; or CIS T1 00 02 19 m 2017 The Travelers Indemnity Company All rights reserved. Page 3 of 21 ______ Includes coavriahted material of Insurance Services Office_ Inc with its permission Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY (b) Claim or suit by or on behalf of any (b) The operation of any of the machinery governmental authority or any other or equipment listed in Paragraph f.(2) person or organization because of or f.(3) of the definition of "mobile testing for, monitoring. cleaning up, equipment"; or removing, containing, treating, (6) An aircraft that is: detoxifying or neutralizing, or in any way responding to, or assessing the (a) Chartered with a plot to any insured; effects of, "pollutants". (b) Not owned by any Insured; and g. Aircraft, Auto Or Watercraft (c) Not being used to carry any person or "Bodily injury' or "property damage" arising out property for a charge. of the ownership, maintenance, use or h. Mobile Equipment entrustment to others of any aircraft. "auto" or "Bodily in Jury' or "property damage" arising out watercraft owned or operated by or rented or of: loaned to any insured. Use includes operation and "loading or unloading". (1) The transportation of "mobile equipment" by an "auto" owned or operated by or This exclusion applies even if the claims rented or loaned to any insured: or against any insured allege negligence or other wrongdoing in the supervision, hiring, (2) The use of "mobile equipment" in, or while employment, training or monitoring of others by in practice for, or while being prepared for. that insured, if the "occurrences' which caused any prearranged racing,speed. demolition, the"bodily injury' or"property damage" involved or stunting activity the ownership, maintenance, use or i. War entrustment to others of any aircraft "auto" or "Bodily Injury' or "property damage" arising out watercraft that is owned or operated by or of: rented or loaned to any insured. This exclusion does not apply to: (1) War, Including undeclared or civil war: (1) A watercraft while ashore on premises you (2) Warlike action by a military force, including action in hindering or defending against an own or rent; actual or expected attack, by any (2) A watercraft you do not own that is: government, sovereign or other authority (a) 50 feet long or less: and using military personnel or other agents; or (b) Not being used to carry any person or (3) Insurrection, rebellion. revolution, usurped property for a charge; power, or action taken by governmental (3) Parking an "auto" on, or on the ways next authority in hindering or defending against to, premises you own or rent, provided the any of these. "auto" is not owned by or rented or loaned j• Damage To Property to you or the insured: "Property damage" to: (4) Liability assumed under any "insured (1) Property you own, rent, or occupy, contract"for the ownership, maintenance or including any costs or expenses incurred use of aircraft or watercraft: by you, or any other person, organization or (5) "Bodily injury' or "property damage" arising enbty, for repair, replacement, out of: enhancement, restoration or maintenance (a) The operation of machinery or of such property for any reason, including equipment that is attached to, or part prevention of injury to a person or damage of, a land vehicle that would qualify as to another's property. "mobile equipment" under the definition (2) Premises you sell, give away or abandon, if of "mobile equipment' if such land the "property damage" arises out of any vehicle were not subject to a part of those premises.- compulsory or financial responsibility (3) Property loaned to you; law, or other motor vehicle insurance law, where it is licensed or principally (4) Personal property in the care. custody or control of the insured: garaged; or Page 4 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CIS T1 00 02 19 Includes ronvnnhted material of Insurance Services Office Inc with its permission Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY (5) That particular part of real property on accidental physical injury to "your product" or which you or any contractors or "your work" after it has been put to its intended subcontractors working directly or indirectly use. on your behalf are performing operations, if n. Recall Of Products, Work Or Impaired the "property damage" arises out of those Property operations: or Damages claimed for any loss, cost or expense (6) That particular part of any property that incurred by you or others for the loss of use, must be restored, repaired or replaced withdrawal, recall, inspectiorL repair, because "your work" was incorrectly replacement, adjustment, removal or disposal performed on it. of- Paragraphs (1), (3) and (4) of this exclusion do (1) "Your product not apply to "premises damage". A separate (2) "Your work"; or limit of insurance applies to"premises damage" as described in Paragraph 6. of Section III — (3) "Impaired property'; Limits Of Insurance. if such product, work, or property is withdrawn Paragraph (2) of this exclusion does not apply If or recalled from the market or from use by any the premises are "your work" and were never person or organization because of a known or occupied rented or held for rental by you. suspected defect deficiency, inadequacy or Paragraphs (3). (4), (5) and (6) of this dangerous condition in it. exclusion do not apply to liability assumed o. Personal And Advertising Injury under a sidetrack agreement. "Bodily injury' arising out of "personal and Paragraph (6) of this exclusion does not apply advertising injury'. to"property damage" included in the "products- p. Electronic Data completed operations hazard". Damages arising out of the loss of, loss of use k. Damage To Your Product of, damage to, corruption of, inability to access, "Property damage" to "your product" arising out or inability to manipulate "electronic data". of it or any part of it. However, this exclusion does not apply to I. Damage To Your Work liability for damages because of"bodily injury'. "Property damage" to "your work" arising out of q. Unsolicited Communication it or any part of it and included in the"products- "Bodily injury' or "property damage" arising out completed operations hazard". of any actual or alleged violation of any law that This exclusion does not apply if the damaged restricts or prohibits the sending, transmitting work or the work out of which the damage or distributing of"unsolicited communication". arises was performed on your behalf by a subcontractor. r. Access Or Disclosure Of Confidential Or Personal Information m. Damage To Impaired Property Or Property Not Physically Injured "Bodily Injury' or "property damage" arising out of any access to or disclosure of any person's "Property damage" to "impaired property' or or organization's confidential or personal property that has not been physicailly Injured, information. —' arising out of: (1) A defect, deficiency, inadequacy or s. Asbestos dangerous condition in "your product" or (1) "Bodily injury' or "property damage" arising "your work"; or out of the actual or alleged presence or (2) A delay or failure by you or anyone acting actual, alleged or threatened dispersal of on your behalf to perform a contract or asbestos, asbestos fibers or products agreement in accordance with its terms. containing asbestos, provided that the "bodily injury" or "property damage" is This exclusion does not apply to the loss of use caused or contributed to by the hazardous of other property arising out of sudden and properties of asbestos. CG T1 00 02 19 9)2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 21 Includes convriahted material of Insurance Services Office_ Inc with its oermtssion Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY (2) "Bodily injury' or "property damage" arising employment-related practices described in out of the actual or alleged presence or Paragraph(a), (b), or(c) above is directed. actual, alleged or threatened dispersal of This exclusion applies whether the insured may any solid, liquid, gaseous or thermal irritant be liable as an employer or in any other capacity or contaminant, including smoke, vapors, and to any obligation to share damages with or soot, fumes, acids, alkalis, chemicals and repay someone else who must pay damages waste, and that are part of any claim or because of the"bodily Injury'. "suit" which also alleges any"bodily injury' Exclusions c. through n. do not apply to "premises or "property damage" described in damage". A separate limit of insurance applies to Paragraph(1) above. "premises damage" as described in Paragraph 6. of (3) Any loss, cost or expense arising out of Section III — Limits Of Insurance. any. COVERAGE B— PERSONAL AND ADVERTISING (a) Request. demand, order or statutory or INJURY LIABILITY regulatory requirement that any insured 1. Insuring Agreement or others test for, monitor. clean up. a. We will pay those sums that the insured remove, contain, treat, detoxify or becomes legally obligated to pay as damages neutralize, or in any way respond to, or because of "personal and advertising injury' to assess the effects of. asbestos, which this insurance applies. We will have the asbestos fibers or products containing right and dutyto defend the insured against any asbestos: or "suit" seeking those damages. However, we will (b) Claim or suit by or on behalf of any have no duty to defend the insured against any governmental authority or any other "suit" seeking damages for "personal and person or organization because of advertising injury' to which this insurance does testing for, monitoring, cleaning up, not apply. We may, at our discretion. removing, containing, treating, investigate any offense and settle any claim or detoxifying or neutralizing, or in any "suit"that may result. But: way responding to, or assessing the (1) The amount we will pay for damages is effects of, asbestos, asbestos fibers or limited as described in Section III — Limits products containing asbestos. Of Insurance; and t. Employment-Related Practices (2) Our right and duty to defend end when we "Bodily injury' to: have used up the applicable limit of (1) A person arising out of any insurance in the payment of judgments or (a) Refusal to employ that person: settlements under Coverages A or B or (b) Termination of that person's medical expenses under Coverage C. employment; or No other obligation or liability to pay sums or (c) Employment-related practice, policy, perform acts or services is covered unless act or omission. such as coercion, explicitly provided for under Supplementary demotion. evaluation, reassignment, Payments. discipline, failure to promote or b. This insurance applies to "personal and advance, harassment, humiliation, advertising injury' caused by an offense arising discrimination, libel, slander, violation out of your business but only if the offense was of the person's right of privacy, committed in the "coverage territory' during the malicious prosecution or false arrest, policy period. detention or Imprisonment applied to or 2. Exclusions directed at that person, regardless of This insurance does not apply to: whether such practice, policy, act or omission occurs, is applied or is a. Knowing Violation Of Rights Of Another committed before, during or after the "Personal and advertising injury' caused by or time of that person's employment: or at the direction of the insured with the (2) The spouse, child, parent, brother or sister knowledge that the act would violate the rights of that person as a consequence of "bodily of another and would inflict "personal and injury' to that person at whom any of the advertising injury'. Page 6 of 21 2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copvriohted material of Insurance Services Office, Inc with its permission Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY This exclusion does not apply to "personal against a civil or alternative dispute injury" caused by malicious prosecution. resolution proceeding In which b. Material Published With Knowledge Of damages to which this insurance Falsity applies are alleged. "Personal and advertising injury' arising out of f. Breach Of Contract oral or written publication, including publication "Advertising Injury' arising out of a breach of by electronic means, of material, if done by or at contract. the direction of the insured with knowledge of g. Quality Or Performance Of Goods— Failure its falsity. To Conform To Statements c. Material Published Or Used Prior To Policy "Advertising injury' arising out of the failure of Period goods, products or services to conform with (1) "Personal and advertising injury' arising out any statement of quality or performance made of oral or written publication, including in your"advertisement". publication by electronic means, of material h. Wrong Description Of Prices whose first publication took place before the beginning of the policy period; or "Advertising injury' arising out of the wrong (2) "Advertising injury' arising out of description of the price of goods, products or services stated in your"advertisement". infringement of copyright, "title" or "slogan" in your "advertisement" whose first i. Intellectual Property infringement in your "advertisement" was "Personal and advertising injury' arising out of committed before the beginning of the any actual or alleged infringement or violation of policy period. any of the following rights or laws, or any other d. Criminal Acts "personal and advertising injury' alleged in any claim or "suit" that also alleges any such "Personal and advertising injury' arising out of a infringement or violation. criminal act committed by or at the direction of the insured. (1) Copyright; e. Contractual Liability (2) Patent: "Personal and advertising injury' for which the (3) Trade dress: insured has assumed liability in a contract or (4) Trade name: agreement. This exclusion does not apply to (5) Trademark: liability for damages: (1) That the insured would have in the absence (6) Trade secret; or of the contract or agreement; or (7) Other intellectual property rights or laws. o— (2) Because of "personal injury' assumed by This exclusion does not apply to: you in a contract or agreement that is an (1) "Advertising injury' arising out of any actual "insured contract", provided that the or alleged infringement or violation of "personal injury' is caused by an offense another's copyright, "title" or "slogan" in committed subsequent to the execution of your "advertisement": or the contract or agreement. Solely for the purposes of liability assumed by you in an (2) Any other "personal and advertising injury' "insured contract"• reasonable attorneys' alleged in any claim or "suit" that also fees and necessary litigation expenses alleges any such infringement or violation incurred by or for a party other than an of another's copyright. "title" or "slogan" in insured will be deemed to be damages your "advertisement". because of"personal injury', provided that: j. Insureds In Media And Internet Type (a) Liability to such party for, or for the Businesses cost of, that party's defense has also "Personal and advertising injury' caused by an been assumed by you in the same offense committed by an insured whose "insured contract and business is: (b) Such attorneys' fees and litigation expenses are for defense of that party (1) Advertising, "broadcasting"or publishing: CG T1 00 02 19 02017 The Travelers Indemnity Company All rights reserved Page 7 of 21 1-1-4— r i­­. eo."­­ 1— ,.,yet,e< o.­d Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY (2) Designing or determining content of neutralizing, or in anyway responding to, or websites for others: or assessing the effects of, "pollutants". (3) An Internet search, access, content or o. War service provider. "Personal and advertising Injury' arising out of: However, this exclusion does not apply to Paragraphs a.(1). (2) and (3) of the definition of (1) War, including undeclared or civil war; ..personal injury'. (2) Warlike action by a military force, including action in hindering or defending against an For the purposes of this exclusion: actual or expected attack, by any (1) Creating and producing correspondence government, sovereign or other authority written in the conduct of your business, using military personnel or other agents; or bulletins, financial or annual reports. or (3) Insurrection, rebellion, revolution, usurped newsletters about your goods, products or power, or action taken by governmental services will not be considered the authority in hindering or defending against business of publishing; and any of these. (2) The placing of frames, borders or links, or p. Unsolicited Communication advertising, for you or others anywhere on the Internet will not, by itself, be considered "Personal and advertising injury' arising out of the business of advertising, "broadcasting" any actual or alleged violation of any law that or publishing. restricts or prohibits the sending, transmitting k. Electronic Chatrooms Or Bulletin Boards or distributing of"unsolicited communication". q. Access Or Disclosure Of Confidential Or "Personal and advertising injury' arising out of Personal Information an electronic chatroom or bulletin board the "Personal and advertising injury' arising out of insured hosts or owns, or over which the insured exercises control. any access to or disclosure of any person's or organization's confidential or personal I. Unauthorized Use Of Another's Name Or information. Product r. Asbestos "Personal and advertising injury' arising out of the unauthorized use of another's name or (1) "Personal and advertising injury' arising out of the actual or alleged presence or actual, product in your e-mail address, domain name or alleged or threatened dispersal of asbestos, metatag, or any other similar tactics to mislead asbestos fibers or products containing another's potential customers. asbestos, provided that the "personal and m. Pollution advertising injury' is caused or contributed "Personal and advertising injury' arising out of to by the hazardous properties of asbestos. the actual, alleged or threatened discharge, (2) "Personal and advertising injury' arising out dispersal, seepage, migration, release or of the actual or alleged presence or actual, escape of"pollutants" at anytime. alleged or threatened dispersal of any solid. liquid, gaseous or thermal irritant or n. Pollution-Related contaminant, including smoke, vapors. Any loss, cost or expense arising out of any soot, fumes, acids, alkalis, chemicals and (1) Request, demand, order or statutory or waste, and that are part of any claim or regulatory requirement that any insured or "suit" which also alleges any"personal and others test for, monitor, clean up, remove, advertising injury' described in Paragraph contain, treat, detoxify or neutralize, or in (1) above. any way respond to, or assess the effects (3) Any loss, cost or expense arising out of of, "pollutants": or any (2) Claim or suit by or on behalf of any (a) Request, demand, order or statutory or governmental authority or any other person regulatory requirement that any insured or organization because of testing for, or others test for, monitor, clean up. monitoring, cleaning up, removing, remove. contain, treat, detoxify or containing, treating, detoxifying or neutralize, or in any way respond to, or Page 8 of 21 C0 2017 The Travelers Indemnity Company.All rights reserved CG T1 00 02 19 Includes coovnahted material of Insurance Services Office- Inc with its permission. Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY assess the effects of, asbestos. (3) Because of your operations: asbestos fibers or products containing provided that: asbestos; or (b) Claim or suit by or on behalf of any (a) The accident takes place in the "coverage governmental authority or any other territory" and during the policy period: person or organization because of (b) The expenses are Incurred and reported to testing for. monitoring, cleaning up, us within one year of the date of the removing, containing, treating, accident-,and detoxifying or neutralizing, or in any (c) The injured person submits to examination, way responding to, or assessing the at our expense, by physicians of our choice effects of, asbestos, asbestos fibers or as often as we reasonably require. products containing asbestos. b. We will make these payments regardless of s. Employment-Related Practices fault. These payments will not exceed the "Personal Injury' to: applicable limit of insurance. We will pay (1) A person arising out of any reasonable expenses for: (a) Refusal to employ that person; (1) First aid administered at the time of an accident: (b) Termination of that person's (2) Necessary medical, surgical, X-ray and employment: or dental services, including prosthetic (c) Employment-related practice. policy, devices: and act or omission, such as coercion, (3) Necessary ambulance, hospital, demotion, evaluation, reassignment, professional nursing and funeral services. discipline, failure to promote or advance, harassment, humiliation, 2. Exclusions discrimination, libel, slander, violation We will not pay expenses for "bodily injury': of the person's right of privacy, a. Any Insured malicious prosecution or false arrest, To any insured, except "volunteer workers". detention or imprisonment applied to or directed at that person, regardless of b. Hired Person whether such practice, policy, act or To a person hired to do work for or on behalf of omission occurs, is applied or Is any insured or a tenant of any insured. committed before, during or after the c. Injury On Normally Occupied Premises time of that person's employment: or (2) The spouse, child, parent, brother or sister To a person injured on that part of premises 09- of that person as a consequence of you own or rent that the person normally occupies. "personal injury' to that person at whom N any of the employment-related practices d. Workers' Compensation And Similar Laws described In Paragraph (a), (b), or (c) To a person, whether or not an "employee" of above is directed. any insured, if benefits for the "bodily injury'are This exclusion applies whether the insured may payable or must be provided under a workers' be liable as an employer or In any other capacity compensation or disability benefits law or a and to any obligation to share damages with or similar law. repay someone else who must pay damages e. Athletics Activities because of the"personal In)ury'. To a person Injured while practicing,instructing o_ COVERAGE C— MEDICAL PAYMENTS or participating in any physical exercises or 1. Insuring Agreement games, sports, or athletic contests. a. We will pay medical expenses as described f. Products-Completed Operations Hazard below for"bodily injury' caused by an accident: Included within the "products-completed (1) On premises you own or rent; operations hazard". (2) On ways next to premises you own or rent: g• Coverage A Exclusions or Excluded under Coverage A. CG T1 00 02 19 c)2017 The Travelers Indemnity Company.All nghts reserved Page 9 of 21 Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY SUPPLEMENTARY PAYMENTS assumed by the Insured In the same "insured 1. We will pay. with respect to any claim we contract", investigate or settle, or any"suit" against an insured d. The allegations in the "suit" and the information we defend: we know about the "occurrence" or offense are such that no conflict appears to exist between a. All expenses we Incur. the interests of the insured and the interests of b. Up to$2,500 for the cost of bail bonds required the indemnitee; because of accidents or traffic law violations e. The indemnitee and the insured ask us to arising out of the use of any vehicle to which conduct and control the defense of that the Bodily Injury Liability Coverage applies. We indemnitee against such "suit" and agree that do not have to furnish these bonds. we can assign the same counsel to defend the c. The cost of bonds to release attachments, but Insured and the indemnitee; and only for bond amounts within the applicable limit f. The indemnitee: of insurance. We do not have to furnish these bonds. (1) Agrees In writing to: (a) Cooperate with us in the investigation, d. All reasonable expenses Incurred by the settlement or defense of the"suit"; Insured at our request to assist us in the investigation or defense of the claim or "suit". (b) Immediately send us copies of any demands, notices, summonses or legal Including actual loss of earnings up to $500 a papers received in connection with the day because of time off from work. "suit e. All court costs taxed against the Insured In the "suit'. However, these payments do not include (c) Notify any other insurer whose P Yin coverage is available to the indemnitee; attorneys' fees or attorneys' expenses taxed and against the insured. (d) Cooperate with us with respect to f. Prejudgment interest awarded against the coordinating other applicable insurance Insured on that part of the judgment we pay. If available to the indemnitee: and we make an offer to pay the applicable limit of (2) Provides us with written authorization to: Insurance. we well not pay any prejudgment interest based on that period of time after the (a) Obtain records and other information offer. related to the"suit": and g. All interest on the full amount of any judgment (b) Conduct and control the defense of the that accrues after entry of the judgment and indemnitee in such "suit". before we have paid. offered to pay, or So long as the above conditions are met, attorneys' deposited in court the part of the judgment that fees incurred by us In the defense of that is within the applicable limit of insurance. indemnitee, necessary litigation expenses incurred These payments will not reduce the limits of by us and necessary litigation expenses incurred by insurance the indemnitee at our request will be paid as 2. If we defend an Insured against a "curt" and an Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I - indemnitee of the insured is also named as a party Coverages - Coverage A - Bodily Injury And to the "suit", we will defend that indemnitee if all of Property Damage Liability or Paragraph 2.e. of the following conditions are met: Section I - Coverages - Coverage B - Personal a. The "suit" against the indemnitee seeks And Advertising Injury Liability, such payments will damages for which the Insured has assumed not be deemed to be damages for "bodily Injury', the liability of the indemnitee In a contract or '.property damage" or "personal injury', and will not agreement that is an "insured contract": reduce the limits of insurance. b. This insurance applies to such liability assumed Our obligation to defend an insured's indemnitee by the insured, and to pay for attorneys' fees and necessary c. The obligation to defend, or the cost of the litigation expenses as Supplementary Payments defense of, that indemnitee, has also been ends when: Page 10 of 21 02017 The Travelers Indemnity Company.All rights reserved. CG Ti 00 02 19 Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY a. We have used up the applicable limit of workers" while performing duties Insurance in the payment of judgments, related to the conduct of your settlements or medical expenses; or business.- b. The conditions set forth above, or the terms of (b) To the spouse, child, parent, brother or the agreement described in Paragraph f. above. sister of that co-"employee" or are no longer met. "volunteer worker" as a consequence SECTION II—WHO IS AN INSURED 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 owner. of the injury described in Paragraph b. A partnership or joint venture, you are an (1)(a) or(b) above; or Insured. Your members, your partners, and (d) Arising out of his or her providing or their spouses are also insureds, but only with falling to provide professional health respect to the conduct of your business. care services. c. A limited liability company, you are an Insured. Unless you are in the business or Your members are also insureds, but only with occupation of providing professional health respect to the conduct of your business. Your care services, Paragraphs (1)(a), (b), (c) managers are insureds, but only with respect to and(d) above do not apply to"bodily injury' their duties as your managers. arising out of providing or failing to provide first aid or "Good Samaritan services" by d. An organization other than a partnership, joint any of your "employees" or "volunteer venture or limited liability company, you are an workers". other than an employed or insured. Your "executive officers" and directors volunteer doctor. Any such "employees" or are insureds, but only with respect to their "volunteer workers" providing or failing to duties as your officers or directors. Your provide first aid or "Good Samaritan stockholders are also insureds, but only with services" during their work hours for you respect to their liability as stockholders. will be deemed to be acting within the e. A trust, you are an insured. Your trustees are scope of their employment by you or also insureds, but only with respect to their performing duties related to the conduct of duties as trustees. your business. 2. Each of the following is also an insured: (2) "Property damage" to property. a. Your "volunteer workers" only while performing (a) Owned, occupied or used by, duties related to the conduct of your business, (b) Rented to, in the care, custody or or your "employees", other than either your control of, or over which physical "executive officers" (if you are an organization control is being exercised for any other than a partnership, pint venture or limited purpose by. liability company) or your managers (if you are a you, any of your "employees", "volunteer limited liability company), but only for acts workers", any partner or member (if you are within the scope of their employment by you or while performing duties related to the conduct apartnership or joint venture), or any member (if you are a limited liability of your business. However, none of these company). "employees" or "volunteer workers" are insureds for: b. Any person (other than your "employee" or "volunteer worker"), or any organization, while (1) "Bodily injury' or"personal injury': acting as your real estate manager. (a) To you, to your partners or members (if c. Any person or organization having proper you are a partnership or joint venture), temporary custody of your property if you die, to your members (if you are a limited but only liability company), to a co-"employee" while in the course of his or her (1) With respect to liability arising out of the employment or performing duties maintenance or use of that property, and related to the conduct of your (2) Until your legal representative has been business, or to your other "volunteer appointed. CG T1 00 02 19 'J 2017 The Travelers Indemnity Company. All rights reserved Page 11 of 21 Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY d. Your legal representative if you die, but only b. Arises out of the ownership, maintenance or with respect to duties as such. That use of that part of any premises leased to you. representative will have all your rights and The insurance provided to such premises owner, duties under this Coverage Part. manager or lessor is subject to the following e. Any person or organization that, with your provisions.- express or implied consent, either uses or is a. The limits of insurance provided to such responsible for the use of a watercraft that you premises owner, manager or lessor will be the do not own that is: minimum limits that you agreed to provide in the (1) 50 feet long or less; and written contract or agreement, or the limits (2) Not being used to carry any person or shown in the Declarations, whichever are less. property for a charge b. The insurance provided to such premises 3. Any organization you newly acquire or form, other owner, manager or lessor does not apply to: than a partnership, joint venture or limited liability (1) Any "bodily injury' or "property damage" company, and of which you are the sole owner or in that occurs, or "personal and advertising which you maintain an ownership interest of more injury' caused by an offense that is than 50%, will qualify as a Named Insured if there is committed, after you cease to be a tenant in no other similar insurance available to that that premises: or organization. However: (2) Structural alterations, new construction or a. Coverage under this provision is afforded only demolition operations performed by or on until the 180th day after you acquire or form the behalf of such premises owner, manager or organization or the end of the policy period, lessor. whichever is earlier; 5. Any person or organization that is an equipment b. Coverage A does not apply to "bodily injury' or lessor and that you have agreed in a written contract "property damage" that occurred before you or agreement to include as an additional insured on acquired or formed the organization: and this Coverage Part is an insured, but only with c. Coverage B does not apply to "personal and respect to liability for "bodily injury'. "property advertising injury' arising out of an offense damage", or"personal and advertising injury'that: committed before you acquired or formed the a. Is "bodily injury' or "property damage" that organization. occurs, or is "personal and advertising injury' For the purposes of Paragraph 1. of Section II - caused by an offense that is committed, Who Is An Insured, each such organization will be subsequent to the signing of that contract or deemed to be designated in the Declarations as: agreement; and b. Is caused, in whole or in part, by your acts or a. An organization, other than a partnership, joint omissions in the maintenance, operation or use venture or limited liability company, or of equipment leased to you by such equipment b. A trust; lessor. as indicated in its name or the documents that The insurance provided to such equipment lessor is govern its structure. subject to the following provisions: a. The limits of insurance provided to such 4. Any person or organization that is a premises equipment lessor will be the minimum limits that owner, manager or lessor and that you have agreed In a written contract or agreement to include as an you agreed to provide in the written contract or agreement, or the limits shown in the additional insured on this Coverage Part is an Declarations, whichever are less. insured, but only with respect to liability for "bodily injury'. "property damage" or "personal and b. The insurance provided to such equipment advertising injury'that: lessor does not apply to any "bodily injury' or "property damage" that occurs. or "personal a. Is "bodily injury' or "property damage" that and advertising injury' caused by an offense occurs, or is "personal and advertising injury' that is committed, after the equipment lease caused by an offense that is committed, expires. subsequent to the signing of that contract or No person or organization is an insured with respect to agreement: and the conduct of any current or past partnership, joint Page 12 of 21 'D 2017 The Travelers Indemnity Company. All rights reserved CG T1 00 02 19 Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY venture or limited liability company that is not shown as a. The amount shown for the Damage To a Named Insured in the Declarations. This paragraph Premises Rented To You Limit in the does not apply to any such partnership, joint venture or Declarations of this Coverage Part; or limited liability company that otherwise qualifies as an b. $300.000 if no amount is shown for the insured under Section II - Who Is An Insured. Damage To Premises Rented To You Limit in SECTION III-LIMITS OF INSURANCE the Declarations of this Coverage Part. 1. The Limits of Insurance shown in the Declarations 7• Subject to Paragraph S. above, the Medical and the rules below fix the most we will pay Expense Limit is the most we will pay under regardless of the number of: Coverage C for all medical expenses because of a. Insureds; "bodily injury' sustained by any one person. The Limits of Insurance of this Coverage Part apply b. Claims made or"suits" brought; or separately to each consecutive annual period and to any c. Persons or organizations making claims or remaining period of less than 12 months, starting with bringing "suits". the beginning of the policy period shown in the 2. The General Aggregate Limit is the most we will pay Declarations, unless the policy period is extended after for the sum of: issuance for an additional period of less than 12 months. In that case, the additional period will be a. Medical expenses under Coverage C; deemed part of the last preceding period for purposes of b. Damages under Coverage A, except damages determining the Limits of Insurance. because of "bodily injury' or "property damage" SECTION IV-COMMERCIAL GENERAL LIABILITY included in the "products-completed operations CONDITIONS hazard"; and 1. Bankruptcy c. Damages under Coverage B. Bankruptcy or insolvency of the insured or of the 3. The Products-Completed Operations Aggregate insured's estate will not relieve us of our obligations Limit is the most we will pay under Coverage A for under this Coverage Part. damages because of "bodily injury' and "property 2 Duties In The Event Of Occurrence, Offense, damage" included in the "products-completed operations hazard". Claim Or Suit 4. Subject to Paragraph 2. above, the Personal And a. You must see to it that we are notified as soon Advertising Injury Limit is the most we will pay as practicable of an "occurrence' or an offense under Coverage B for the sum of all damages which may result in a claim. To the extent because of all "personal injury' and "advertising possible, notice should include: injury' sustained by anyone person or organization. (1) How, when and where the "occurrence" or 5. Subject to Paragraph 2. or 3. above, whichever offense took place,- applies, the Each Occurrence Limit is the most we (2) The names and addresses of any injured °—_ will pay for the sum of: persons and witnesses; and ^� a. Damages under Coverage A, and (3) The nature and location of any injury or b. Medical expenses under Coverage Cl- damage arising out of the "occurrence" or offense. because of all "bodily injury' and "property damage" arising out of anyone"occurrence". b. If a claim is made or "suit" is brought against �= For the purposes of determining the applicable any insured, you must: Each Occurrence Limit, all related acts or (1) Immediately record the specifics of the omissions committed in providing or failing to claim or"suit" and the date received; and provide first aid or "Good Samaritan services" to (2) Notify us as soon as practicable. any one person will be deemed to be one You must see to it that we receive written notice "occurrence". of the claim or"suit" as soon as practicable. 6. Subject to Paragraph 5. above, the Damage To c. You and any other involved insured must: Premises Rented To You Limit is the most we will pay under Coverage A for damages because of (1) Immediately send us copies of any "premises damage" to any one premises. The demands, notices. summonses or legal Damage To Premises Rented To You Limit will be: papers received in connection with the claim or "suit CG T1 00 02 19 0 2017 The Travelers Indemnity Company All rights reserved. Page 13 of 21 ______ Includes coovriahted material of Insurance services Office_ Inc with its permission Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY (2) Authorize us to obtain records and other (iii) An executive officer or director of information; any other organization; or (3) Cooperate with us in the investigation or (iv) A trustee of anytrust; settlement of the claim or defense against the"cult": and that Is your partner, joint venture member, manager or trustee; or (4) Assist us. upon our request. In the enforcement of any right against any (b) Any employee authorized by such partnership. joint venture. limited person or organization which may be liable liability company, trust or other to the insured because of Injury or damage to which this insurance may also apply. organization to give notice of an "occurrences' or offense. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any (3) Notice to us of such "occurrence" or offense will be deemed to be given as soon obligation. or incur any expense, other than for as practicable if it is given in good faith as first aid. without our consent. soon as practicable to your workers' e. The following provisions apply to Paragraph a. compensation Insurer. This applies only if above, but only for purposes of the insurance you subsequently give notice to us of the provided under this Coverage Part to you or any "occurrence" or offense as soon as insured listed in Paragraph 1. or 2. of Section II practicable after any of the persons —Who Is An Insured: described in Paragraph e.(1) or (2) above discovers that the "occurrence" or offense (1) Notice to us of such "occurrence" or may result in sums to which the insurance offense must be given as soon as provided under this Coverage Part may practicable only after the "occurrence" or apply. offense is known to you (if you are an Individual). any of your partners or However, if this policy Includes an endorsement members who is an individual (if you area that provides limited coverage for "bodily Injury' or "property damage" or pollution costs arising partnership or joint venture), any of your out of a discharge, release or escape of managers who is an individual (if you area " limited liability company), any of your pollutants" which contains a requirement that the discharge. release or escape of"pollutants" "executive officers" or directors (if you are must be reported to us within a specific number an organization other than a partnership, of days after Its abrupt commencement, this joint venture, or limited liability company), Paragraph e. does not affect that requirement. any of your trustees who is an individual (if you are a trust) or any "employee" 3. Legal Action Against Us authorized by you to give notice of an No person or organization has a right under this "occurrence" or offense. Coverage Part: (2) If you are a partnership, pint venture, a. To join us as a party or otherwise bring us into limited liability company or trust, and none a "suit" asking for damages from an insured; or of your partners, joint venture members. b. To sue us on this Coverage Part unless all of managers or trustees are individuals, notice its terms have been fully complied with. to us of such "occurrence" or offense must A person or organization may sue us to recover on be given as soon as practicable only after an agreed settlement or on a final judgment against the"occurrence"or offense is known by an insured; but we will not be liable for damages (a) Any individual who is: that are not payable under the terms of this Coverage Part or that are in excess of the (i) A partner or member of any applicable limit of insurance. An agreed settlement partnership or joint venture; means a settlement and release of liability signed by (ii) A manager of any limited liability us, the insured, and the claimant or the claimant's company, legal representative. Page 14 of 21 2017 The Travelers Indemnity Company All rights reserved CG T1 00 02 19 Includes coovnahted material of Insurance Services Office Inc with its permission Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY 4. Other Insurance (ii) That is insurance for "premises If valid and collectible other insurance is available to damage"; the insured for a loss we cover under Coverages A (iii) If the loss arises out of the or B of this Coverage Part, our obligations are maintenance or use of aircraft, limited as described in Paragraphs a. and b. below. "autos" or watercraft to the extent As used anywhere in this Coverage Part, other not subject to any exclusion in this insurance means insurance, or the funding of Coverage Part that applies to losses, that is provided by, through or on behalf of: aircraft, "autos" or watercraft; (i) Another insurance company, (iv) That is insurance available to a premises owner, manager or (ii) Us or any of our affiliated insurance companies, lessor that qualifies as an insured except when the Non cumulation of Each under Paragraph 4. of Section II — Occurrence Limit provision of Paragraph 5. of Who Is An Insured, except when Section III — Limits Of Insurance or the Non Paragraph d. below applies; or cumulation of Personal and Advertising Injury Limit provision of Paragraph 4. of Section III — (v) That is insurance available to an Limits of Insurance applies because the equipment lessor that qualifies as Amendment — Non Cumulation Of Each an insured under Paragraph 5. of Section II — Who Is An Insured, Occurrence Limit Of Liability And Non except when Paragraph d. below Cumulation Of Personal And Advertising Injury Limit endorsement is included in this policy, applies. (iii)Any risk retention group; or (b) Any of the other rnsurance, whether primary, excess, contingent or on any (iv)Any self-insurance method or program, in other basis, that is available to the which case the insured will be deemed to be insured when the insured is an the provider of other insurance. additional insured, or is any other Other insurance does not include umbrella insured that does not qualify as a insurance, or excess insurance, that was bought named insured, under such other _ specifically to apply in excess of the Limits of insurance. Insurance shown in the Declarations of this (2) When this insurance is excess, we will Coverage Part have no duty under Coverages A or B to As used anywhere in this Coverage Part, other defend the insured against any"suit" if any other insurer has a duty to defend the insurer means a provider of other insurance. As insured against that "suit". If no other used in Paragraph c. below, insurer means a insurer defends, we will undertake to do so, provider of insurance. but we will be entitled to the insured's rights a. Primary Insurance against all those other insurers. This insurance is primary except when (3) When this insurance is excess over other Paragraph b. below applies. If this insurance is insurance, we will pay only our share of the primary, our obligations are not affected unless amount of the loss. if any, that exceeds the any of the other insurance is also primary. sum of: Then, we will share with all that other insurance (a) The total amount that all such other by the method described in Paragraph c. below, insurance would pay for the loss in the except when Paragraph d. below applies. absence of this insurance; and b. Excess Insurance (b) The total of all deductible and self- insured amounts under all that other (1) This insurance is excess over: insurance. (a) Any of the other insurance, whether (4) We will share the remaining loss, if any, primary, excess, contingent or on any with any other insurance that is not other basis: described in this Excess Insurance provision and was not bought specifically to (i) That is Fire, Extended Coverage, apply in excess of the Limits of Insurance Builder's Risk, Installation Risk or shown in the Declarations of this Coverage similar coverage for "your work Part. CG T1 00 02 19 2 2017 The Travelers Indemnity Company All rights reserved Page 15 of 21 InrlAoe rnn..n kt.A mefnn eI of Ine ,,nrn Inn — nffirn Inr w+b,a�n.,r.... ­ Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements In the Declarations are if all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have Issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any Information provided by you which we relied contribution by equal shares, we will contribute upon In Issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable Insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree In a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such Insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit" is brought. (1) The "bodily injury' or "property damage" for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury' for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed: those rights are transferred to us. The insured must subsequent to the signing of that contract or do nothing after loss to impair them. At our request, agreement by you. the insured will bring "suit" or transfer those rights S. Premium Audit to us and help us enforce them. 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part In accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown In this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date for audit and retrospective premiums is the date SECTION V— DEFINITIONS shown as the due date on the bill. If the sum of 1. "Advertisement" means a notice that Is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that Is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters Is considered an advertisement. Page 16 of 21 ©2017 The Travelers Indemnity Company All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office. Inc with its permission Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY 2. "Advertising injury': b. In, by or with any other electronic means of a. Means injury caused by one or more of the communication, such as the Internet, if that following offenses: material is part of: (1) Oral or written publication, including (1) Radio or television programming being publication by electronic means, of material transmitted; in your "advertisement" that slanders or (2) Other entertainment, educational, libels a person or organization or disparages a person's or organization's instructional, music or news programming goods, products or services, provided that being transmitted; or the claim is made or the"suit" is brought by (3) Advertising transmitted with any of such a person or organization that claims to have programming. been slandered or libeled, or that claims to have had its goods, products or services 6. "Coverage territory' means: disparaged; a. The United States of America (including its (2) Oral or written publication, Including territories and possessions), Puerto Rico and publication by electronic means. of material Canada: in your"advertisement" that: b. International waters or airspace, but only if the (a) Appropriates a person's name, voice, injury or damage occurs in the course of travel photograph or likeness: or or transportation between any places included (b) Unreasonably places a person in a in Paragraph a. above: or false light; or c. Ali other parts of the world if the injury or (3) Infringement of copyright, "title" or "slogan" damage arises out of: in your "advertisement", provided that the (1) Goods or products made or sold by you in claim is made or the "suit" is brought by a the territory described in Paragraph a. person or organization that claims above: ownership of such copyright. "title" or .,slogan". (2) The activities of a person whose home is in the territory described in Paragraph a. b. Includes "bodily injury' caused by one or more above, but is away for a short time on your of the offenses described in Paragraph a. business: or above. `— 3. "Auto" means: (3) "Personal and advertising injury' offenses that take place through the Internet or a. A land motor vehicle, trailer or semitrailer similar electronic means of communication; designed for travel on public roads, including provided the insured's responsibility to pay any attached machinery or equipment; or damages is determined in a "suit" on the merits in b. Any other land vehicle that is subject to a the territory described In Paragraph a. above, or in a compulsory or financial responsibility law, or settlement we agree to. _ other motor vehicle insurance law, where it is -= licensed or principally garaged. 7. "Electronic data" means Information, facts or However. "auto" does not include "mobile programs stored as or on, created or used on, or transmitted to or from computer software (including equipment". systems and applications software), hard or floppy 4. "Bodily injury' means: disks, CD-ROMs, tapes, drives, cells, data a. Physical harm, including sickness or disease, processing devices or any other media which are sustained by a person: or used with electronically controlled equipment. o- b. Mental anguish, injury or illness, or emotional 8. "Employee" includes a "leased worker". "Employee" distress, resulting at any time from such does not include a"temporary worker". physical harm, sickness or disease. = 9. "Executive officer" means a person holding any of 5. "Broadcasting" means transmitting any audio or the officer positions created by your charter, visual material for any purpose: constitution, bylaws or any other similar governing a. By radio or television; or document. CG T1 00 02 19 ®2017 The Travelers Indemnity Company All rights reserved Page 17 of 21 ------ Includes copyriqhted material of Insurance Services Office. Inc. with its permission Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY 10. "Good Samaritan services" means any emergency tracks, roadbeds, tunnel, underpass or medical services for which no compensation is crossing: demanded or received. (2) That Indemnrfies an architect, engineer or 11. "Hostile fire" means a fire which becomes surveyor for injury or damage arising out of: uncontrollable or breaks out from where It was (a) Preparing, approving, or failing to intended to be. prepare or approve, maps. shop 12. "Impaired property' means tangible property. other drawings, opinions, reports, surveys, than "your product" or "your work", that cannot be field orders, change orders or drawings used or Is less useful because: and specifications: or a. It incorporates "your product" or "your work" (b) Giving directions or instructions, or that is known or thought to be defective, failing to give them, if that is the deficient, inadequate or dangerous: or primary cause of the injury or damage: b. You have failed to fulfill the terms of a contract or or agreement: (3) Under which the insured, If an architect, if such property can be restored to use by the engineer or surveyor, assumes liability for repair. replacement. adjustment or removal of "your an Injury or damage arising out of the product" or "your work" or your fulfilling the terms of insured's rendering or failure to render the contract or agreement. professional services, including those listed in Paragraph (2) above and supervisory, 13. "Insured contract" means: inspection, architectural or engineering a. A contract for a lease of premises. However, activities. that portion of the contract for a lease of 14. "Leased worker" means a person leased to you by a premises that indemnifies any person or labor leasing firm under an agreement between you organization for "premises damage" is not an and the labor leasing firm, to perform duties related "insured contract": to the conduct of your business. "Leased worker" b. A sidetrack agreement: does not include a "temporary worker". c. Any easement or license agreement, except in 15. "Loading or unloading" means the handling of connection with construction or demolition property operations on or within 50 feet of a railroad: a. After it Is moved from the place where it is d. An obligation, as required by ordinance, to accepted for movement into or onto an aircraft, indemnify a municipality, except in connection watercraft or "auto",- with work for a municipality, b. While it Is in or on an aircraft. watercraft or e. An elevator maintenance agreement: "auto": or f. That part of any other contract or agreement c. While it Is being moved from an aircraft, pertaining to your business (including an watercraft or "auto" to the place where it is indemntficatlon of a municipality to connection finally delivered: with work performed for a municipality) under but "loading or unloading" does not Include the which you assume the tort liability of another movement of property by means of a mechanical party to pay for "bodily injury', "property device, other than a hand truck,that is not attached damage" or "personal injury' to a third person to the aircraft. watercraft or"auto". or organization. Tort liability means a liability 16. "Mobile equipment" means any of the following that would be Imposed by law In the absence of types of land vehicles, including any attached any contract or agreement machinery or equipment: Paragraph f. does not include that part of any a. Bulldozers, farm machinery, forklifts and other contract or agreement: vehicles designed for use principally off public (1) That indemnifies a railroad for "bodily roads: injury' or "property damage" arising out of b. Vehicles maintained for use solely on or next to construction or demolition operations, premises you own or rent; within 50 feet of any railroad property and affecting any railroad bridge or trestle, c. Vehicles that travel on crawler treads: Page 18 of 21 ©2017 The Travelers Indemnity Company All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office.Inc.with its permission Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY d. Vehicles, whether self-propelled or not, b. An act or omission committed in providing or maintained primarily to provide mobility to failing to provide first aid or "Good Samaritan permanently mounted: services" to a person, unless you are in the (1) Power cranes, shovels. loaders. diggers or business or occupation of providing drills; or professional health care services. (2) Road construction or resurfacing 18. "Personal and advertising injury' means "personal equipment such as graders, scrapers or injury' or"advertising injury'. rollers: 19. "Personal injury': e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are a. Means injury, other than "advertising injury'. maintained primarily to provide mobility to caused by one or more of the following permanently attached equipment of the offenses: following types: (1) False arrest, detention or imprisonment; (1) Air compressors, pumps and generators, including spraying, welding, building (2) Malicious prosecution; cleaning, geophysical exploration, lighting (3) The wrongful eviction from, wrongful entry and well servicing equipment; or into, or invasion of the right of private (2) Cherry pickers and similar devices used to occupancy of a room, dwelling or premises raise or lower workers: that a person occupies, provided that the f. Vehicles not described in Paragraph a., b., c. wrongful eviction, wrongful entry or invasion or d. above maintained primarily for purposes of the right of private occupancy is other than the transportation of persons or committed by or on behalf of the owner, cargo. landlord or lessor of that room, dwelling or However, self-propelled vehicles with the premises; following types of permanently attached (4) Oral or written publication, including equipment are not "mobile equipment" but will publication by electronic means, of material be considered "autos": that slanders or libels a person or (1) Equipment designed primarily for: organization or disparages a person's or organization's goods, products or services, (a) Snow removal; provided that the claim is made or the"suit" (b) Road maintenance, but not is brought by a person or organization that construction or resurfacing; or claims to have been slandered or libeled, or (c) Street cleaning; that claims to have had its goods, products (2) Cherry pickers and similar devices or services disparaged; or mounted on automobile or truck chassis (5) Oral or written publication, Including r— and used to raise or lower workers, and publication by electronic means, of material (3) Air compressors, pumps and generators, that. including spraying. welding, building (a) Appropriates a person's name, voice, cleaning, geophysical exploration, lighting photograph or likeness: or and well servicing equipment. _ However, "mobile equipment" does not include any (b) Unreasonably places a person in a land vehicle that is subject to a compulsory or false light. o_ financial responsibility law, or other motor vehicle b. Includes "bodily injury' caused by one or more insurance law, where it is licensed or principally of the offenses described in Paragraph a. garaged. Such land vehicles are considered above. "autos". 20. "Pollutants" mean any solid, liquid, gaseous or 17. "Occurrence" means: thermal irritant or contaminant, including smoke, a. An accident, including continuous or repeated vapor, soot, fumes, acids, alkalis, chemicals and exposure to substantially the same general waste. Waste includes materials to be recycled, harmful conditions: or reconditioned or reclaimed. CG T1 00 02 19 s)2017 The Travelers Indemnity Company.All rights reserved. Page 19 of 21 �, Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY 21. "Premises damage" means: contract calls for work at more than a. With respect to the first paragraph of the one job site. exceptions in Exclusion j. of Section I — (c) When that part of the work done at a Coverage A — Bodily Injury And Property job site has been put to its intended Damage Liability, "property damage" to any use by any person or organization other premises while rented to you for a period of than another contractor or seven or fewer consecutive days, including the subcontractor working on the same contents of such premises; or project. b. With respect to the exception to Exclusions c. Work that may need service, maintenance, through in. in the last paragraph of Paragraph 2. correction, repair or replacement, but which of Section I — Coverage A — Bodily Injury And is otherwise complete, will be treated as Property Damage Liability, "property damage"to completed. any premises while rented to you for a period of more than seven consecutive days, or while b. Does not Include "bodily Injury' or "property temporarily occupied by you with permission of damage" arising out of: the owner, caused by (1) The transportation of property, unless the (1) Fire; injury or damage arises out of a condition in (2) Explosion: or on a vehicle not owned or operated by you, and that condition was created by the (3) Lightning; "loading or unloading" of that vehicle by any (4) Smoke resulting from fire, explosion or insured; lightning; or (2) The existence of tools, uninstalled (5) Water. equipment or abandoned or unused But "premises damage" under this Paragraph materials: or b. does not include "property damage" to any (3) Products or operations for which the premises caused by classification, listed in the Declarations or (1) Rupture, bursting, or operation of pressure in a policy Schedule, states that products- completed operations are subject to the relief devices; General Aggregate Limit. (2) Rupture or bursting due to expansion or 23. "Property damage" means: swelling of the contents of any building or structure caused by or resulting from water; a. Physical injury to tangible property, including all or resulting loss of use of that property. All such loss of use will be deemed to occur at the time of (3) Explosion of steam boilers, steam pipes, the physical injury that caused it: or steam engines or steam turbines. b. Loss of use of tangible property that is not 22. "Products-completed operations hazard": physically injured. All such loss of use will be a. Includes all "bodily injury' and "property deemed to occur at the time of the "occurrence" damage" occurring away from premises you that caused it. own or rent and arising out of"your product" or For the purposes of this insurance, "electronic data" "your work"except: is not tangible property. (1) Products that are still in your physical 24. "Slogan": possession: or a. Means a phrase that others use for the purpose (2) Work that has not yet been completed or of attracting attention in their advertising. abandoned. However, "your work" will be b. Does not include a phrase used as, or in, the deemed completed at the earliest of the name of: following times: (1) Any person or organization, other than you; (a) When all of the work called for in your or contract has been completed. (2) Any business, or any of the premises, (b) When all of the work to be done at the goods, products, services or work, of any job site has been completed if your person or organization. other than you. Page 20 of 21 2017 The Travelers Indemnity Company.All rights reserved CG T1 00 02 19 Includes coovnohted material of Insurance Services Office.Inc with its permission. Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY 25. "Suit" means a civil proceeding in which damages (a) You; because of "bodily injury', "property damage" or (b) Others trading under your name; or "personal and advertising injury' to which this insurance applies are alleged. "Suit" includes: (c) A person or organization whose business or assets you have acquired; a. An arbitration proceeding in which such and damages are claimed and to which the insured must submit or does submit with our consent: (2) Containers (other than vehicles), materials, parts or equipment furnished in connection or with such goods or products. b. Any other alternative dispute resolution b. Includes: proceeding in which such damages are claimed and to which the insured submits with our (1) Warranties or representations made at any consent. time with respect to the fitness, quality, durability, performance or use of "your 26. "Temporary worker" means a person who is product"; and furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- (2) The providing of or failure to provide term workload conditions. warnings or instructions. 27. "Title" means a name of a literary or artistic work. c. Does not include vending machines or other property rented to or located for the use of 28. "Unsolicited communication" means any others but not sold. communication, In any form, that the recipient of such communication did not specifically request to 31. "Your work": receive. a. Means: 29. 'Volunteer worker" means a person who is not your (1) Work or operations performed by you or on "employee", and who donates his or her work and your behalf; and acts at the direction of and within the scope of (2) Materials, parts or equipment furnished in duties determined by you, and is not paid a fee, connection with such work or operations. salary or other compensation by you or anyone else for their work performed for you. b. Includes: 30. "Your product": (1) Warranties or representations made at any time with respect to the fitness, quality, a. Means: durability, performance or use of "your (1) Any goods or products, other than real work"; and property, manufactured, sold, handled, distributed or disposed of by. (2) The providing of or failure to provide warnings or instructions. o= o= CG T1 00 02 19 ®2017 The Travelers indemnity Company.All rights reserved. Page 21 of 21 Includes cnnvrinhtad malarial of Invrranra SarvlraS Of5ra Inc with its narmissinn COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6304E606088 THIS ENDORSEMENT CHANGES THE POLICY-PLEASE READ IT CAREFULLY TOTAL GENERAL AGGREGATE LIMIT DESIGNATED PROJECT(S)- GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Total General Aggregate Limit: $2,000,000 Designated Project(s):EACH "PROJECT" FOR WHICH YOU HAVE AGREED, IN A WRITTEN CONTRACT WHICH IS IN EFFECT DURING THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT, PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGEii OCCURS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. The Total General Aggregate Limit stated in the der COVERAGE (SECTION 1),which can be at- Schedule above is the most we will pay for the tributed only to operations at a single designated sum of all: "project" shown in the Schedule above: 1. Medical Expenses under COVERAGE C I- A separate Designated Project General Ag- (SECTION I); gregate Limit applies to each designated "pro- 2. Damages under COVERAGE A (SECTION 1), ject", and that limit is equal to the amount of except damages because of "bodily injury" or the General Aggregate Limit shown in the "property damage" included in the "products- Declarations. completed operations hazard"; and 2- Subject to the Total General Aggregate Limit 3. Damages under COVERAGE 8 (SECTION 1) stated in the Schedule above, the Designated Project General Aggregate Limit is the moss regardless of the number of: we will pay for the sum of all damages under a. Insureds; COVERAGE A. except damages because o1 b. Claims made or"suits" brought; "bodily injury" or "property damage" included in the "products-completed operations haz- c. Persons organizations making claims or and", and for medical expenses under COV- ERAGE C regardless of the number of: d. Designated "projects" listed in the SCHED- a_ Insureds: ULE above. B. For all sums which the insured becomes legally b- Claims made or"suits" brought; or obligated to pay as damages caused by "occur- c- Persons or organizations making claims rences" under COVERAGE A (SECTION 1), and or bringing "suits". for all medical expenses caused by accidents un- CG D3 21 01 04 Copyright. The Travelers Indemnity Company. 2004 Page 1 of 2 COMMERCIAL GENERAL LIABILITY 3. Any payments made under COVERAGE A for To Premises Rented To You and Medical Ex- damages or under COVERAGE C for medical pense continueto apply. expenses shall reduce both the Total General D_ Part 2.of SECTION III—LIMITS OF INSURANCE Aggregate Limit stated in the Schedule is deleted and replaced by the following: above. and the Designated Project General Aggregate Limit for that designated "project". 2. The General Aggregate Limit is the most we Such payments shall not reduce the General will pay for the sum of: Aggregate Limit shown in the DeclarationE a. Damages under Coverage B;and nor shall they reduce any other Designated b. Damages from 'occurrences" under Project General Aggregate Limit for any other COVERAGE A (SECTION 1) and for all designated "project" shown in the Schedule medical expenses caused by accidentE above. under COVERAGE C (SECTION 1) whici- 4. The limits shown in the Declarations for Each cannot be attributed only to operations a' Occurrence. Damage To Premises Rented To a single designated "project' shown in the You and Medical Expense continue to apply. SCHEDULE above. However. instead of being subject to the E. When coverage for liability arising out of the General Aggregate Limit shown in the Decla- "prod ucts-completed operations hazard" is pro- rations,such limits will be subject to both the vided, any payments for damages because of Total General Aggregate Limit stated in the "bodily injury" or "property damage" included it Schedule above, and the applicable Desig- the "products-completed operations hazard" wil nated Project General Aggregate Limit. reduce the Products-Completed Operations Ag- C. For all sums which the insured becomes legally gregate Limit. and not reduce the Total Genera obligated to pay as damages caused by 'occur- Aggregate Limit stated in the Schedule above, the rences" under COVERAGE A (SECTION 1), and General Aggregate Limit, or the Designated Pro- for all medical expenses caused by accidents un- ject General Aggregate Limit. der COVERAGE C (SECTION 1).which cannot be F. For the purposes of this endorsement the Definiw attributed only to operations at a single desig- tions Section is amended by the addition of the nated "project shown in the Schedule above: following definition: 1. Any payments made under COVERAGE A for .Project" means an area away from premiseE damages or under COVERAGE C for medical owned by or rented to you at which you are per- expenses shall reduce the amount available forming operations pursuant to a contract or under the Total General Aggregate Limit agreement. For the purposes of determining the stated in the Schedule above and the Genera applicable aggregate limit of insurance. eacf Aggregate Limit, or the Prod ucts-Completec "project' that includes premises involving the Operations Aggregate Limit. whichever is ap- same or connecting lots, or premises whose con- plicable; and nection is interrupted only by a street. roadway, 2. Such payments shall not reduce any Desig- waterway or right-of-way of a railroad shall be nated Project General Aggregate Limit. considered a single"project'. As respects this Provision C., the limits shown in G. The provisions of LIMITS OF INSURANCE the Declarations for Each Occurrence. Damage (SECTION III) not otherwise modified by this en- dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright. The Travelers Indemnity Company, 2004 CG 03 2101 04 Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS (1) Any "bodily injury", "property damage" or The following is added to SECTION II — WHO IS AN "personal Injury" arising out of the providing, INSURED: or failure to provide, any professional Any person or organization that you agree in a architectural, engineering or surveying written contract or agreement to include as an services. including: additional insured on this Coverage Part is an (a) The preparing, approving, or failing to insured, but only: prepare or approve, maps, shop a. With respect to liability for "bodily injury" or drawings, opinions, reports, surveys, "property damage" that occurs, or for "personal field orders or change orders, or the injury' caused by an offense that is committed, preparing, approving, or failing to subsequent to the signing of that contract or prepare or approve, drawings and agreement and while that part of the contract or specifications; and agreement is in effect; and (b) Supervisory, inspection, architectural or b. If, and only to the extent that, such Injury or engineering activities. damage is caused by acts or omissions of you or your subcontractor in the performance of "your (2) Any "bodily injury' or "property damage" work" to which the written contract or agreement caused by "your work" and included in the applies. Such person or organization does not "products-completed operations hazard" qualify as an additional insured with respect to unless the written contract or agreement the independent acts or omissions of such specifically requires you to provide such person or organization. coverage for that additional insured during The insurance provided to such additional insured is the policy period. subject to the following provisions: c. The additional insured must comply with the a. If the Limits of Insurance of this Coverage Part following duties: shown in the Declarations exceed the minimum ��— limits required by the written Contract or (1) Give us written notice as soon as practicable agreement, the insurance provided to the of an "occurrence" or an offense which may additional insured will be limited to such result in a claim. To the extent possible, such e,= minimum required limits. For the purposes of notice should include: determining whether this limitation applies, the (a) How, when and where the "occurrence" minimum limits required by the written contract or or offense took place; agreement will be considered to include the minimum limits of any Umbrella or Excess (b) The names and addresses of any injured liability coverage required for the additional persons and witnesses; and insured by that written contract or agreement. This provision will not increase the Emits of (c) The nature and location of any injury or insurance described in Section III — Limits Of damage arising out of the "occurrence" _— or offense. Insurance. b. The insurance provided to such additional (2) If a claim is made or "suit' is brought against insured does not apply to: the additional insured: CG D2 46 0419 ,D 2018 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY (a) Immediately record the specifics of the (4) Tender the defense and indemnity of any claim or"suit" and the date received: and claim or "suit" to any provider of other (b) Notify us as soon as practicable and see insurance which would cover such additional to it that we receive written notice of the insured for a loss we cover. However, this claim or"suit" as soon as practicable, condition does not affect whether the (3) Immediately send us copies of all legal Insurance provided to such additional papers received In connection with the claim insured is primary to other Insurance available to such additional insured which or "suit", cooperate with us in the covers that person or organization as a Investigation or settlement of the claim or named Insured as described in Paragraph 4.. defense against the "suit and otherwise Other Insurance, of Section IV — Commercial comply with all policy conditions. General Liability Conditions. Page 2 of 2 E 2018 The Travelers Indemnity Company. All rights reserved CG D2 46 04 19 Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR MANUFACTURERS AND WHOLESALERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured —Unnamed Subsidiaries H. Blanket Additional Insured — Governmental B. Who Is An Insured — Employees And Volunteer Entities — Permits Or Authorizations Relating To Workers — Bodily Injury To Co-Employees And Operations Co-Volunteer Workers I. Blanket Additional Insured — Grantors Of Franchises C. Who Is An Insured — Newly Acquired Or Formed Limited Liability Companies J. Incidental Medical Malpractice D. Blanket Additional Insured — Broad Form Vendors K. Medical Payments — Increased Limit E. Blanket Additional Insured — Controlling Interest L. Blanket Waiver Of Subrogation F. Blanket Additional Insured — Mortgagees. M. Contractual Liability —Railroads Assignees, Successors Or Receivers G. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Premises PROVISIONS A. WHO IS AN INSURED — UNNAMED a. Before you maintained an ownership Interest SUBSIDIARIES of more than 50% in such subsidiary; or The following is added to SECTION II — WHO IS b. After the date, if any, during the policy period AN INSURED that you no longer maintain an ownership Any of your subsidiaries, other than a partnership interest of more than 50% in such subsidiary. or joint venture, that is not shown as a Named For purposes of Paragraph 1. of Section II —Who Insured in the Declarations is a Named Insured if: Is An Insured, each such subsidiary will be a. You are the sole owner of, or maintain an deemed to be designated in the Declarations as: ownership interest of more than 50% in, such subsidiary on the first day of the policy period; a. A limited liability company; and b. An organization other than a partnership, joint b. Such subsidiary is not an insured under venture or limited liability company; or _ similar other insurance. No such subsidiary is an insured for "bodily injury' c• A trust, or "property damage" that occurred, or "personal as indicated in its name or the documents that and advertising injury" caused by an offense govern its structure. committed: CG D4 58 02 19 C 2017 The Travelers Indemnity Company.All rights reserved Page 1 of 5 Includes copyrighted material of Insurance Services Office. Inc.with its permission Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY B. WHO IS AN INSURED — EMPLOYEES AND a. A limited liability company; ' VOLUNTEER WORKERS — BODILY INJURY TO b. An organization, other than a partnership, CO-EMPLOYEES AND CO-VOLUNTEER WORKERS joint venture or limited liability company; or The following is added to Paragraph 2.a.(1) of SECTION II—WHO IS AN INSURED: c. A trust; Paragraphs (1)(a). (b) and (c) above do not apply as indicated in its name or the documents to "bodily injury" to a co-"employee" while in the that govern its structure. course of the co-"employee's" employment by you D. BLANKET ADDITIONAL INSURED — BROAD or performing duties related to the conduct of your FORM VENDORS business, or to "bodily injury to your other "volunteer workers" while performing duties The following is added to SECTION II — WHO IS related to the conduct of your business. AN INSURED: C. WHO IS AN INSURED — NEWLY ACQUIRED Any person or organization that is a vendor and OR FORMED LIMITED LIABILITY COMPANIES that you have agreed in a written contract or The following replaces Paragraph 3. of SECTION agreement to include as an additional insured on II—WHO IS AN INSURED: this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property 3. Any organization you newly acquire or form, damage" that: other than a partnership or joint venture, and a. Occurs subsequent to the signing of that of which you are the sole owner or in which contract or agreement; and you maintain an ownership interest of more than 50%, will qualify as a Named Insured if b. Arises out of "your products" that are there is no other similar insurance available to distributed or sold in the regular course of that organization. However: such vendor's business. a. Coverage under this provision is afforded The insurance provided to such vendor is subject only to the following provisions: (1) Until the 180th day after you acquire a. The limits of insurance provided to such or form the organization or the end of vendor will be the minimum limits that you the policy period, whichever is earlier, agreed to provide in the written contract or if you do not report such organization agreement, or the limits shown in the in writing to us within 180 days after Declarations, whichever are less. you acquire or form it; or b. The insurance provided to such vendor does (2) Until the end of the policy period, not apply to: when that date is later than 180 days after you acquire or form such (1) Any express warranty not authorized by you or any distribution or sale for a organization, if you report such purpose not authorized by you: organization in writing to us within 180 days after you acquire or form It; (2) Any change in "your products" made by b. Coverage A does not apply to "bodily such vendor: injury' or "property damage" that occurred (3) Repackaging, unless unpacked solely for before you acquired or formed the the purpose of inspection, demonstration. organization; and testing, or the substitution of parts under c. Coverage B does not apply to "personal instructions from the manufacturer, and and advertising injury" arising out of an then repackaged in the original container; offense committed before you acquired or (4) Any failure to make such inspections, formed the organization. adjustments. tests or servicing as For the purposes of Paragraph 1. of Section II vendors agree to perform or normally — Who Is An Insured, each such organization undertake to perform in the regular will be deemed to be designated in the course of business, in connection with the Declarations as: distribution or sale of"your products"; Page 2 of 5 V 2017 The Travelers Indemnity Company.All rights reserved CG D4 58 02 19 Includes copyrighted material of Insurance Services Office.Inc with its permission Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY (5) Demonstration, installation, servicing or liability as mortgagee, assignee, successor or repair operations, except such operations receiver for "bodily injury', "property damage" or performed at such vendor's premises in "personal and advertising injury' that: connection with the sale of "your a. Is "bodily injury' or "property damage" that products": or occurs, or is "personal and advertising injury' (6) "Your products" that, after distribution or caused by an offense that is committed, sale by you, have been labeled or subsequent to the signing of that contract or relabeled or used as a container, part or agreement; and ingredient of any other thing or substance b. Arises out of the ownership, maintenance or by or on behalf of such vendor. use of the premises for which that mortgagee, Coverage under this provision does not apply to: assignee, successor or receiver is required a. Any person or organization from whom you under that contract or agreement to be have acquired "your products", or any Included as an additional insured on this ingredient, part or container entering into, Coverage Part. accompanying or containing such products; The insurance provided to such mortgagee, or assignee, successor or receiver is subject to the b. Any vendor for which coverage as an following provisions: additional insured specifically is scheduled by a. The limits of insurance provided to such endorsement. mortgagee, assignee, successor or receiver E. BLANKET ADDITIONAL INSURED — will be the minimum limits that you agreed to CONTROLLING INTEREST provide in the written contract or agreement, or the limits shown in the Declarations. 1. The following Is added to SECTION II —WHO whichever are less. IS AN INSURED: b. The insurance provided to such person or Any person or organization that has financial organization does not apply to: control of you is an insured with respect to liability for "bodily injury', "property damage" (1) Any "bodily injury' or "property damage" or "personal and advertising injury" that arises that occurs, or any "personal and out of: advertising injury' caused by an offense that is committed, after such contract or a. Such financial control: or agreement is no longer in effect: or b. Such person's or organization's (2) Any "bodily injury'.• "property damage" or ownership, maintenance or use of "personal and advertising injury' arising premises leased to or occupied by you. out of any structural alterations, new The insurance provided to such person or construction or demolition operations organization does not apply to structural performed by or on behalf of such alterations, new construction or demolition mortgagee, assignee, successor or operations performed by or on behalf of such receiver. �— person or organization. G. BLANKET ADDITIONAL INSURED — 2. The following is added to Paragraph 4. of GOVERNMENTAL ENTITIES — PERMITS OR SECTION II — WHO IS AN INSURED: AUTHORIZATIONS RELATING TO PREMISES This paragraph does not apply to any The following Is added to SECTION II — WHO IS premises owner, manager or lessor that has AN INSURED: financial control of you. Any governmental entity that has issued a permit F. BLANKET ADDITIONAL INSURED — or authorization with respect to premises owned MORTGAGEES, ASSIGNEES, SUCCESSORS or occupied by, or rented or loaned to, you and OR RECEIVERS that you are required by any ordinance, law, The following is added to SECTION 11 — WHO IS building code or written contract or agreement to AN INSURED: include as an additional insured on this Coverage Part is an insured, but only with respect to liability Any person or organization that is a mortgagee, for "bodily injury'. "property damage" or "personal assignee, successor or receiver and that you and advertising injury" arising out of the have agreed in a written contract or agreement to existence, ownership, use, maintenance, repair. include as an additional insured on this Coverage construction, erection or removal of any of the Part is an insured, but only with respect to its following for which that governmental entity has CG D4 58 02 19 �0 2017 The Travelers Indemnity Company.All rights reserved. Page 3 of S Includes copyrighted material of Insurance Services Office. Inc with ds permission Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY issued such permit or authorization: advertising services", first aid or "Good Samaritan ' signs, awnings, canopies, cellar entrances, coal services" to a person, unless you are in holes, driveways, manholes, marquees. hoist the business or occupation of providing away openings, sidewalk vaults, elevators, street professional health care services. banners or decorations. 2. The following replaces the last paragraph of H BLANKET ADDITIONAL INSURED — Paragraph 2.a.(1) of SECTION II — WHO IS GOVERNMENTAL ENTITIES — PERMITS OR AN INSURED: AUTHORIZATIONS RELATING TO OPER- Unless you are in the business or occupation ATIONS of providing professional health care services, The following is added to SECTION II — WHO IS AN INSURED: Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily Injury" arising out of Any governmental entity that has issued a permit providing or falling to provide: or authorization with respect to operations performed by you or on your behalf and that you (a) "Incidental medical services" by any of are required by any ordinance, law. building code your "employees" who is a nurse, nurse or written contract or agreement to include as an assistant, emergency medical technician, additional insured on this Coverage Part is an paramedic, athletic trainer, audiologist, insured, but only with respect to liability for "bodily dietician, nutritionist, occupational injury', "property damage" or "personal and therapist or occupational therapy advertising injury' arising out of such operations. assistant, physical therapist or speech- The insurance provided to such governmental language pathologist: or entity does not apply to: (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer a. Any "bodily injury', "property damage" or workers", other than an employed or "personal and advertising injury" arising out of operations performed for the governmental volunteer doctor. Any such "employees" entity: or or "volunteer workers" providing or failing to provide first aid or "Good Samaritan b. Any "bodily injury' or "property damage" services" during their work hours for you included the "products-completed will be deemed to be acting within the operations hazard". scope of their employment by you or I. BLANKET ADDITIONAL INSURED — performing duties related to the conduct GRANTORS OF FRANCHISES of your business. The following is added to SECTION II — WHO IS 3. The following replaces the last sentence of AN INSURED: Paragraph 5. of SECTION III — LIMITS OF Any person or organization that grants a franchise INSURANCE. to you is an insured, but only with respect to For the purposes liability for "bodily injury'. "property damage" or e determining the applicable Each Occurrence Limit, all related "personal and advertising injury" arising out of acts or omissions committed in providing or your operations in the franchise granted by that failing to provide "incidental medical person or organization. services", first aid or "Good Samaritan If a written contract or agreement exists between services" to any one person will be deemed to you and such additional insured, the limits of be one "occurrence". insurance provided to such insured will be the 4. The following exclusion is added to minimum limits that you agreed to provide in the Paragraph 2.. Exclusions. of SECTION I — written contract or agreement, or the limits shown COVERAGES — COVERAGE A — BODILY in the Declarations, whichever are less. INJURY AND PROPERTY DAMAGE J. INCIDENTAL MEDICAL MALPRACTICE LIABILITY: 1. The following replaces Paragraph b. of the Sale Of Pharmaceuticals definition of ,occurrence" in the "Bodily injury' or "property damage" arising DEFINITIONS Section: out of the violation of a penal statute or b. An act or omission committed in providing ordinance relating to the sale of pharmaceuticals committed by, or with the or failing to provide "incidental medical knowledge or consent of, the insured. Page 4 of 5 C 2017 The Travelers Indemnity Company All rights reserved CG D4 58 02 19 Includes copyrighted material of Insurance Services Office. Inc with its permission Policy Number: 6304E606088 COMMERCIAL GENERAL LIABILITY 5. The following is added to the DEFINITIONS a. $10,000; or Section: b. The amount shown in the Declarations of "Incidental medical services" means: this Coverage Part for Medical Expense a. Medical, surgical, dental, laboratory, x-ray Limit. or nursing service or treatment, advice or L. BLANKET WAIVER OF SUBROGATION instruction, or the related furnishing of The following Is added to Paragraph 8., Transfer food or beverages: or Of Rights Of Recovery Against Others To Us. b. The furnishing or dispensing of drugs or of SECTION IV — COMMERCIAL GENERAL medical, dental, or surgical supplies or LIABILITY CONDITIONS: appliances. If the Insured has agreed in a contract or 6. The following is added to Paragraph 4.b., agreement to waive that insured's right of Excess Insurance. of SECTION IV — recovery against any person or organization, we COMMERCIAL GENERAL LIABILITY waive our right of recovery against such person or CONDITIONS: organization, but only for payments we make This insurance is excess over any valid and because of: collectible other insurance, whether primary, a. "Bodily injury' or "property damage" that excess, contingent or on any other basis, that is available to any of your "employees" for occurs: or "bodily injury" that arises out of providing or b. "Personal and advertising injury' caused by failing to provide "incidental medical services" an offense that is committed; to any person to the extent not subject to subsequent to the execution of the contract or Paragraph 2.a.(1) of Section II — Who Is An agreement. Insured. M. CONTRACTUAL LIABILITY — RAILROADS K. MEDICAL PAYMENTS — INCREASED LIMIT 1. The following replaces Paragraph c. of the The following replaces Paragraph 7. of SECTION definition of "insured contract" in the III —LIMITS OF INSURANCE: DEFINITIONS Section: 7. Subject to Paragraph 5. above, the Medical c. Any easement or license agreement; Expense Limit is the most we will pay under 2• Paragraph f.(1) of the definition of "insured Coverage C for all medical expenses contract" in the DEFINITIONS Section is because of "bodily injury' sustained by any one person, and will be the higher of: deleted. r_ O== O= nC— n O� O� V— CG D4 58 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 5 Includes copyrighted material of Insurance Services Office. Inc.with its permission Policy Number: 8109M243475 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.S., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — LIABILITY CONDITIONS: COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part S. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Liability Coverage, organization, that is signed by you before the but only for damages to which this insurance "bodily injury" or "property damage" occurs and applies and only to the extent of that person's or that is in effect during the policy period, requires organization's liability for the conduct of another this insurance to be primary and non-contributory. "insured". CA T4 74 08 17 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy Number: 8109M243475 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE —INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES— INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II — COVERED AUTOS under the Who Is An Insured provision contained in Section II. LIABILITY COVERAGE: Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.S., Who Is An Insured, of SECTION II — COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos" you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 Of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy Number: 8109M243475 COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION II — COVERED AUTOS tions. LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- (ii) Neither you nor any other involved ing a covered "auto" you don't own, hire or borrow "insured" will make any settlement in your business or your personal affairs. without our consent. E. SUPPLEMENTARY PAYMENTS — INCREASED (iii)We may, at our discretion, participate LIMITS in defending the "insured" against, or in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (iv) We will reimburse the "insured" for sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II — COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE—INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to make such payments ends when we (5) Anywhere in the world, except any country or have used up the applicable have of jurisdiction while any trade sanction, em- insurance in payments for damages, bargo, or similar regulation imposed by the settlements or defense expenses. United States of America applies to and pro- hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy Number: 8109M243475 COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with compulsory insurance requirements will No deductibles apply to this Personal Property not invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE —GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one "loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III — PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner (if you are a partnership); $750 for any one "accident". (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager (if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no- AGE: tice of the "accident" or "loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.S., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto" of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS : The following is added to Paragraph A.4., Cover- S. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or "loss", provided that the "accident' or "loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy Number: 8109M243475 COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV— BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Compa ny.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. TECHSYS-01 RWILSONI '4`ORo CERTIFICATE OF LIABILITY INSURANCE FDAT 2/9/2 D/YYYY) 2/9/2024 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 NONTACT Rebecca Wilson Acrisure Northwest Partners Insurance Services, LLC PHONE FAX 19401 40th Ave W,Suite 440 A/C,No,Ext: __ (A/C,No): Lynnwood,WA 98036 AEbmoARILEss:rebecca@plcins.com INSURERS AFFORDING COVERAGE NAIC/ INSURER A:Lloyd's INSURED INSURER B:North American Capacity Insurance Company 25038 Technical Systems,Inc. INSURERC: 2303-196th S.W. INSURER D: Lynnwood,WA 98036 -- INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 NUMBER POLICY EFF POLICY EXP LIMITS A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 29000,000 CLAIMS-MADE a OCCUR 00020120471023 4/20/2023 4/20/2024 PREM SESGE TO RtE,ENTED curren X Prof Liab w/ MED EXP(Any oneperson) X Errors&Omisisons PERSONAL 3 ADV INJURY GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 X POLICY JEI:T LOC PRODUCTS-COMP/OP AGG OTHER: Ded: 25,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) S ANY AUTO BODILY INJURY Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident HIRED NON-OWNED PROPERTY AMAGE AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS-MADE AGGREGATE DED J I RETENTIONS WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/NISTATUITE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMB B Cyber Liability C4LSP143446CYBER 4/20/2023 4/20/2024 Each Claim: 1,0009000 B i$25,000 Retention C4LSP143446CYBER 4/20/2023 4/20/2024 Aggregate Limit: 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:Port Hadlock Wastewater Treatment Plant SCADA Design and Implementation Directors and Officers Liability:$250k/3250k-$25k Ded Employment Practices Liability:$250k/$250k-$25k Ded Technology Coverage:$1,000,000/$1,000,000-$25k Ded TSI#8256 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Jefferson County,Washington THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Its elected officials,officers and employees PO Box 1220 Port Townsend,WA 98368 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD